Case No. IT-99-36-R77

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision:
16 July 2004

PROSECUTOR

v.

RADOSLAV BRĐANIN

________________________________________

CONCERNING ALLEGATIONS AGAINST MILKA MAGLOV

ORDER TO AMICUS CURIAE PROSECUTOR

________________________________________

Amicus Curiae Prosecutor:

Ms. Brenda J. Hollis

Respondent:

Ms. Milka Maglov

Defence:

Mr. Jonathan Cooper
Mr. Peter Murphy

 

TRIAL CHAMBER II ("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 ("Tribunal");

BEING SEISED OF the "Notice By Amicus Curiae Prosecutor of Intent to Provide the Office of the Prosecutor with Legal Arguments, Conclusions of Law and Authority contained in Confidential Filings" ("Notice"), filed on 14 July 2004, in which the amicus curiae Prosecutor provides notice to the Trial Chamber of her intent to provide to the Office of the Prosecutor legal arguments, conclusions of law, and authorities cited in confidential pleading and decisions in the instant case, arguing that this material is of consequence to the Office of the Prosecutor in other cases and, possibly, in further proceedings in the Brdjanin case;

NOTING that the amicus curiae Prosecutor wishes to provide the information to the Office of the Prosecutor no later than Monday, 19 July 2004, requesting that the Trial Chamber inform her of any prohibition on the disclosure of this information, or of any conditions to be placed on the disclosure of the information, prior to that date;

CONSIDERING that no submissions regarding the Notice have been received from counsel for the Respondent;

CONSIDERING that the reasons given by the amicus curiae Prosecutor in her Notice do prima facie not justify the disclosure of confidential material;

CONSIDERING that the amicus curiae Prosecutor has not sought leave to disclose the confidential material, but provided the Trial Chamber with notice thereof, failure to object to would result in the disclosure;

FOR THE FOREGOING REASONS

PURSUANT to Rules 54 and 73 of the Rules of Procedure and Evidence

ORDERS the amicus curiae Prosecutor not to disclose any confidential material from the instant case to the Office of the Prosecutor until further notice.

 

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

Dated this sixteenth day of July 2004,
At The Hague
The Netherlands

___________________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]