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:
7 July 1999

PROSECUTOR

v.

DUSKO TADIC

_____________________________________________________

ORDER IN THE MATTER OF
ALLEGATIONS AGAINST PRIOR COUNSEL

_____________________________________________________

The Office of the Prosecutor:

Mr. Upawansa Yapa
Ms. Brenda Hollis

Counsel for the Appellant:

Mr. Anthony Abell

Other parties:

Mr. Vladimir Domazet, for Mr. Milan Vujin

 

THE APPEALS 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 ("the International Tribunal"),

BEING SEIZED OF an oral application made in open session on 26 April 1999 by counsel for the Appellant to read into evidence in these proceedings extracts from a diary maintained by the Appellant in his own language, not being one of the official languages of the International Tribunal,

CONSIDERING that the Appeals Chamber ruled at that time that, if such extracts were to be read, the entire document was to be produced to the Appeals Chamber for examination and for the Appeals Chamber to determine whether particular passages should be translated and made available to the interested parties,

CONSIDERING that such passages have now been translated and circulated to the interested parties,

CONSIDERING ALSO that it was proposed to the Appeals Chamber during the closed session hearing held on 28 June 1999 that transcripts of the proceedings in this matter be served on counsel for the Appellant in the related appeal proceedings, subject to the various protective orders in place at any time,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS as follows:

  1. Mr. Milan Vujin and the interested parties may, by Wednesday 21 July 1999 file written submissions as to the use to be made of the diary extracts; and
  2. the Orders of this Appeals Chamber for protective measures for witnesses issued on 10 February and 26 April 1999 shall be varied so as to permit disclosure of the transcript of the testimony of the protected witnesses to counsel for the Appellant in the related appeal proceedings; and
  3. counsel for the Appellant in the related appeal proceedings shall be bound by the relevant terms of all such Orders;

AND DIRECTS the Registrar of the International Tribunal to make the necessary arrangements to ensure that final transcripts of all proceedings in this matter, including those of closed sessions, together with copies of all orders granting protective measures to witnesses, are served on counsel for the Appellant in the related appeal proceedings.

 

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

______________________
Mohamed Shahabuddeen
Presiding

Dated this seventh day of July 1999
At The Hague
The Netherlands

[Seal of the Tribunal]