Before: Judge Richard May

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 January 1999








The Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. Turner Smith, Mr. David Geneson and Mr. Ksenija Durkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez


THIS 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 ("International Tribunal"),

BEING SEISED of the "Motion to allow the accused access to non-public materials in Lasva Valley and related cases" ("the Motion for Access") filed jointly by the Defence on 2 June 1998 and the response thereto filed on behalf of the Office of the Prosecutor ("Prosecution")

NOTING that the Motion for Access relates, in part, to a request for access to the final public transcript as issued by the Registry in other cases before the International Tribunal, material which is public once issued,

NOTING that the Registry has informed the Trial Chamber of the various practical difficulties it faces in making the final transcripts available at this moment in time but that such transcripts will be released in due course,

CONSIDERING that, at the status conference held on 8 January 1999, the Defence indicated its willingness to accept the draft transcript in these cases, and agreed to the imposition of certain protective measures, pending release of the final transcript,

CONSIDERING that the Prosecution in this case has no objection to such release, subject to any protective measures that may already be in place,


AND WITHOUT PREJUDICE to the determination of the other requests contained in the Motion to Access,

PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY INVITES the Registrar to provide to the Defence, as soon as practicable but as a matter of urgency, the draft transcript of all public sessions not yet released in Case No. IT-95-14, Prosecutor v. Tihomir Blaskic, Case No. IT-95-14/1, Prosecutor v. Zlatko Aleksovski, Case No. IT-95-16, Prosecutor v. Zoran Kupreskic et al., and Case No. IT-95-17/1, Prosecutor v. Anto Furundzija; and

ORDERS that the accused, their counsel and their representatives shall not disclose to the public, to the media or to family members and associates, the substance, in whole or in part, of such draft transcripts, except for reasons related to the preparation of their cases, until such time as the final transcript is released by the Registry to the public, at which time this Order shall cease to take effect and, in the event that there is any variance between the draft transcript and the final transcript as issued, not to disclose the nature or content of such variation.


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



Richard May


Dated this thirteenth day of January 1999

At The Hague

The Netherlands

[The seal of the Tribunal]