IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Antonio Cassese
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
10 June 1998

PROSECUTOR

v.

DUSKO TADIC


ORDER DENYING REQUEST FOR DISCLOSURE OF DOCUMENTS


The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan

Counsel for the Appellant:

Mr. Milan Vujin
Mr. John Livingston

 

THE APPEALS CHAMBER

NOTING the Request For Disclosure Of The Written Documents filed by the Appellant on 13 May 1998 ("the Request") and the objections thereto raised in the Response of the Cross-Appellant filed on 27 May 1998,

NOTING ALSO the Response of the Appellant filed on 4 June 1998,

NOTING THAT the Request refers to documents obtained by the Prosecutor pursuant to an Order issued by a single Judge in a different matter,

NOTING FURTHER the commitment by the Office of the Prosecutor to disclose to the Appellant the existence of any material of which it becomes aware which in any way tends to suggest the innocence of the Appellant, and

CONSIDERING ALSO THAT, even if Rule 66 (B) applies mutatis mutandis to the proceedings before the Appeals Chamber by virtue of Rule 107, the Appellant has made no showing that the documents obtained by the Prosecutor fall into one of the three categories set forth in Rule 66 (B), that is, that the items are material to the preparation of the defence, or are intended for use by the Prosecutor as evidence, or were obtained from or belonged to the accused,

PURSUANT to Rules 54 and 107 of the Rules

HEREBY DENIES THE REQUEST.

 

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


Antonio Cassese
Judge of the Appeals Chamber

Dated this tenth day of June 1998
At The Hague
The Netherlands

[Seal of the Tribunal]