Case No.: IT-02-54-T


Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Mr. Hans Holthuis

Order of:
1 February 2006







Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused

Mr. Slobodan Milosevic

Court Assigned Counsel

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae

Prof. Timothy 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");

NOTING that part of the testimony of Mr. Ciaglinski, a witness for the Prosecution, occurred in private session,1

NOTING that this testimony was heard in private session because of "sensitivity to the interests" of Colonel Milan Kotur, who subsequently testified for the Defence between 23 and 25 January 2006;2

CONSIDERING that Colonel Kotur indicated in the course of his testimony that he had no objection to the issues that were discussed in Mr. Ciaglinskiís private session testimony being disclosed in open session;3

CONSIDERING that there is therefore no reason to maintain the confidentiality of that portion of Mr. Ciaglinskiís testimony;

NOTING that Mr. Ciaglinskiís witness statement, admitted as an exhibit in this case, was placed under seal for the same reason that part of his testimony was heard in private session;

CONSIDERING the oral application of the Prosecution, made in court on 24 January 2006, in which it requested that the seal on this exhibit be lifted;4

CONSIDERING that this application was granted in an oral ruling of the Chamber,5 because there is no reason to maintain the confidentiality of Mr. Ciaglinskiís witness statement ("Oral Order of 24 January 2006");

PURSUANT TO Rules 54 and 75 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

HEREBY CONFIRMS the Oral Order of 24 January 2006, and ORDERS AS FOLLOWS:

  1. The status of Mr. Ciaglinskiís witness statement, labelled as Exhibit 98 in this case, shall be changed from confidential and under seal to public;

  2. The confidentiality of transcript page T. 3219 (16 April 2002) and lines 1 to 13 of transcript page T. 3220 (16 April 2002) shall be lifted; and

  3. The Registrar is requested to take all measures necessary to implement this Order.


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

Patrick Robinson

Dated this first day of February 2006
At The Hague
The Netherlands

[Seal of the Tribunal]

1. See Prosecutor v. Milosevic, Case No. IT-02-54-T, Transcript, T. 3219Ė3220 (16 April 2002).
2. Ibid., T. 47451 (23 January 2006). See also ibid., T. 3225Ė3226 (16 April 2002).
3. Ibid., T. 47452 (23 January 2006).
4. Ibid., T. 47529 (24 January 2006).
5. Ibid.