Case No.: IT-02-54-T
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
17 November 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
ORDER ON PROSECUTION’S MOTION FOR VARIANCE OF PRIOR ORDERS OF NON-DISCLOSURE
Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome
The Accused:
Mr. Slobodan Milosevic
Amicus Curiae:
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff
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 confidential and partly ex parte "Prosecution’s Second Motion for Variance of Prior Orders of Non-Disclosure" filed on 3 November 2003 ("Motion"), seeking variation of the Trial Chamber’s prior orders to the Accused, his associates and to the amici curiae not to disclose certain Rule 68 materials as defined in the Motion ("materials") 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, assistance to the Chamber),
NOTING that, in respect of specific Rule 68 materials provided to the Prosecution pursuant to Rule 70 by an information provider, the Prosecution seeks – on the request of the information provider – that the Trial Chamber order the Accused, his associates and the amici curiae, to comply with two restrictions on use of the Rule 68 material:
NOTING the prior Orders of the Trial Chamber concerning non-disclosure of Rule 66 materials1 and Rule 68 Materials2,
CONSIDERING the Appeals Chamber has held that where it can be established that information is provided to the Prosecution on a confidential basis under Rule 70, then it is protected by paragraphs (C) and (D) of that Rule,3 and the information provider may impose conditions upon the use of that information,
CONSIDERING that the content of the materials set out in an ex parte Annex to the Motion indicate that the information is important Rule 68 material and that the orders sought would allow the information to be provided to the Accused,
PURSUANT TO Rules 54, 68 and 70 of the Rules of Procedure and Evidence,
HEREBY GRANTS THE MOTION and ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
__________
Richard May
Presiding
Dated this seventeenth day of November 2003
At The Hague
The Netherlands
[Seal of the Tribunal]