Case: IT-02-54-T


Judge Alphons Orie, President
Judge Christine van den Wyngaert
Judge Bakone Justice Moloto

Mr Hans Holthuis

Order of:
16 March 2006







Office of the Prosecutor

Ms Carla del Ponte
Mr Geoffrey Nice

Former court-assigned Counsel

Mr Steven Kay
Ms Gillian Higgins



CONSIDERING the order of the President of the Tribunal, dated 14 March 2006, appointing this Trial Chamber "to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the authorities of The Netherlands to assist their inquest into the death of Slobodan Milosevic and to Judge Kevin Parker to assist his internal inquiry into the death of Slobodan Milosevic” ("Inquest" and "Inquiry", respectively);

CONSIDERING that the Trial Chamber understands "certain materials" to mean any materials filed confidentially in the Milosevic case that might be relevant to the Inquest or the Inquiry, including closed- and private-session transcripts ("relevant materials");

CONSIDERING that the Trial Chamber has informed itself about the range of possible relevant materials, and that it has consulted the judges of Trial Chamber III about the general reasons which led that Chamber to grant confidential status to such materials;

CONSIDERING that relevant materials were treated as confidential often because personal information about Slobodan Milosevic is contained in them, and that, while the Tribunal generally protects privacy interests of accused persons, once an accused person is deceased and there is a need for a full internal inquiry or an obligation to facilitate an inquest conducted by the host state, the investigation’s interest in unimpeded access to information outweighs any residual privacy interests;

CONSIDERING that the Trial Chamber is satisfied that where confidentiality was granted for purposes other than to protect privacy interests of Mr Milosevic, such measures also must now yield to the needs of a full investigation;

CONSIDERING that the Trial Chamber has been notified that the authorities of The Netherlands conducting the Inquest have requested access to certain parts of the Milosevic case file, and that the Inquiry headed by Judge Parker has already commenced its work;

PURSUANT to Rule 54 of the Tribunal’s Rules of Procedure and Evidence,

ORDERS that:

1. For the purposes of the Inquest or the Inquiry, the Registrar shall grant the authorities of The Netherlands and Judge Parker full access to the Milosevic case file, and supply them with any materials they request;

2. Notwithstanding the previous paragraph, all relevant materials in the Milosevic case file shall remain confidential, unless and to the extent the interests of the Inquest or the Inquiry dictate otherwise.


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

Judge Alphons Orie

Dated this 16th day of March 2006
At The Hague
The Netherlands

[Seal of the Tribunal]