IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
23 January 2003

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON PROSECUTION MOTION FOR VARIANCE OF PRIOR ORDERS OF NON-DISCLOSURE

_________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack

THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal"),

BEING SEISED OF a "Prosecution’s Motion for Variance of Prior Orders of Non-Disclosure", filed on 19 December 2002 ("Motion"), in which the Prosecution seeks variation of prior orders of the Chamber made pursuant to Rules 53(A) and 54 of the Rules of Procedure and Evidence ("Rules"), so as to extend its orders of non-disclosure to material disclosed pursuant to Rule 68, in particular:

1. extension of the Trial Chamber’s Order of 19 July 2001, in which it ordered the "Defence" not to disclose to the public the information provided pursuant to Rule 66 (A)(i) "except to the limited extent that such disclosure to members of the public is directly and specifically necessary for the preparation and presentation of the Defence case", and also extended to the identities and whereabouts of witnesses, and evidence or written statements of a witness or potential witness, or the substance of any non-public statement or prior testimony disclosed to the Defence;
2. extension of later specified Decisions which applied these orders explicitly to the accused, his legal associates and amici curiae; and
3. extension of Orders to obtain non-disclosure agreements from recipients of such information; to keep a record of all such disclosures, and to notify the Chamber of any additions or deletions from the initial list of the Defence team,

on the basis that Rule 68 material often contains sensitive information, such as the names of victims and witnesses,

CONSIDERING the sensitive nature of some of the information provided under Rule 68, that it is appropriate for the Chamber to extend orders of non-disclosure in the appropriate circumstances,

CONSIDERING that the request for the accused, his associates and the amici curiae to obtain non-disclosure agreements from recipients of such information; to keep a record of all such disclosures, and to notify the Chamber of any additions or deletions from the initial list of the Defence team with respect to information provided to the public, are not consistent with the Chamber’s current practice, being only to order such stringent reporting obligations with respect to certain sensitive source witnesses,

PURSUANT TO Rules 53(A) and 54 of the Rules

HEREBY GRANTS THE MOTION IN PART and ORDERS the accused, his legal associates and the amici curiae not to disclose to the public, except to the limited extent directly and specifically necessary for the preparation and presentation of the accused’s case or, in the case of the amici, for the purpose of assisting the Chamber:

1. knowledge with regard to the identities or whereabouts of witnesses mentioned in Rule 68 material disclosed by the Prosecution; or
2. any evidence or any written statement of a witness or potential witness, or the substance in whole or in part, of any such non-public evidence, statement or prior testimony disclosed by the Prosecution pursuant to Rule 68.

Done in English and French, the English text being authoritative.

__________________
Richard May
Presiding

Dated this twenty-third day of January 2003
At The Hague
The Netherlands

[Seal of the Tribunal]