I, Claude Jorda, President 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 (hereinafter the "International Tribunal");

PURSUANT to Articles 20, 21 and 22 of the Statute and Rules 54, 66, 68, 69 and 75 of the Rules of Procedure and Evidence of the International Tribunal (hereinafter "the Rules");

NOTING the Motion for access to confidential information filed on 12 July 2000 by Counsel for the accused Momir Talic in the case The Prosecutor v. Radoslav Brdjanin and Momir Talic, IT-99-36-PT;

NOTING the Decision of Trial Chamber II on the Motion of Momir Talic dated 31 July 2000 in which the pre-trial Judge for the said case invites the Registrar to forward the Motion of Talic to the President for him to rule on the requested modifications to the protective measures ordered in the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic as provided for under Rule 75(D) of the Rules;

NOTING the Motion filed on 1 August 2000 by Counsel for the accused Radoslav Brdjanin to join in the Motion of Talic in the case The Prosecutor v. Radoslav Brdjanin and Momir Talic, IT-99-36-PT;

NOTING the Decision of Trial Chamber II on the Motion of Radoslav Brdjanin submitted on 22 August 2000 in which the pre-trial Judge for the said case invites the Registrar to forward the Motion of Brdjanin to the President for him to rule on the requested modifications to the protective measures ordered in the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic as provided for under Rule 75(D) of the Rules;

CONSIDERING that Talic’s Motion concerns access to all the confidential transcripts and exhibits relating to the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic;

CONSIDERING that Brdjanin’s Motion concerns access to all the confidential transcripts and exhibits relating to the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic;

CONSIDERING that it may be reasonably stated that the transcripts and exhibits relating to other cases tried before the Tribunal, deriving from events which allegedly took place in the same region and at the same time as those in the case in point, are of significant interest to the Defence;

CONSIDERING that the International Tribunal must interpret the principle of equality of arms more broadly than do domestic courts and that the parties must enjoy all the measures which may be granted so as to help them present their case;

CONSIDERING that the Defence is not in the same position as the Prosecution when gathering information;

CONSIDERING that many general issues are common to all these cases;

CONSIDERING that it does not appear that the disclosure of the information relating to the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic affects the security and confidentiality thereof;

the Registrar, in full co-operation with the Office of the Prosecutor:

to disclose the confidential hearing transcripts and exhibits relating to the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic to the parties in the case The Prosecutor v. Radoslav Brdjanin and Momir Talic, IT-99-36;

to order the same protective measures mutatis mutandis which were applied to the confidential hearing transcripts and exhibits relating to the cases The Prosecutor v. Tadic and The Prosecutor v. Kovacevic;

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

Done this eleventh day of September 2000
At The Hague
The Netherlands

/signed/
_____________
Claude Jorda
President of the International Criminal Tribunal