Case No. IT-05-88-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Jean-Claude Antonetti
Judge Kevin Parker

Registrar:
Mr. Hans Holthuis

Decision of:
8 November 2005

THE PROSECUTOR

v.

VUJADIN POPOVIC
LJUBISA BEARA
DRAGO NIKOLIC
LJUBOMIR BOROVCANIN
ZDRAVKO TOLIMIR
RADIVOJE MILETIC
MILAN GVERO
VINKO PANDUREVIC
MILORAD TRBIC

____________________________________________________

DECISION ON DEFENCE MOTION ON BEHALF OF DRAGO NIKOLIC SEEKING ACCESS TO ALL CONFIDENTIAL MATERIAL IN THE KRSTIC CASE

____________________________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused: Zoran Zivanovic for Vujadin Popovic
John Ostojic for Ljubisa Beara
Jelena Nikolic and Stéphane Bourgon for Drago Nikolic
Alan Newman and Miodrag Stojanovic for Ljubomir Borovcanin
Natacha Fauveau Ivanovic for Radivoje Miletic
Dragan Krgovic for Milan Gvero
Djordje Sarapa for Vinko Pandurevic
Colleen Rohan for Milorad Trbic

 

TRIAL CHAMBER II 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 "Defence Motion on Behalf of Drago Nikolic Seeking Access to All Confidential Material in the Krstic case" filed by Counsel for Drago Nikolic (respectively "Defence" and "Accused") on 13 October 2005 ("Motion"), in which the Defence, pursuant to Rules 75(G)(ii) of the Rules of Procedure and Evidence of the Tribunal ("Rules"), seeks access to all confidential material in both trial and appeals proceedings (including the exhibits and the filings) in the Krstic case1, with the exception of the transcripts which have already been disclosed to the Defence ("Requested Material");

NOTING the "Response to Drago Nikolic’s Request for Confidential Material in the Krstic case" filed by the Office of the Prosecutor ("Prosecution") on 27 October 2005 ("Response"), in which the Prosecution does not oppose the Defence having access to the Requested Material with the exception of i) any confidential filing made by the Prosecution; and ii) any ex parte material;

NOTING the "Applicant’s Motion Seeking leave to Reply to the Prosecution Response to Drago Nikolic’s Request for Confidential Material in the Krstic Case" filed by the Defence on 3 November 2005, which does not materially advance the arguments put forward in support of the Motion but simply reiterates them;

RECALLING the Trial Chamber’s "Decision on Miletic’s Request to Have Access to Confidential Information in the Krstic Case" rendered on 18 October 2005, in which the Trial Chamber previously granted access for all accused and defence counsel in the case No. IT-05-88-PT, with the exception of Zdravko Tolimir who has not yet been transferred to the Tribunal, to all transcripts of hearings held in closed session, all relevant exhibits kept under seal and all confidential decisions rendered, in the case of Prosecutor v. Radislav Krstic, Case No. IT-98-33;

PURSUANT TO Rule 54 and 75(G)(ii) of the Rules;

HEREBY DECIDES that the Motion is moot and REITERATES that

  1. the Registry shall provide access for the accused and defence counsel in the case No. IT-05-88-PT to all transcripts of hearings held in closed session when they have not yet been disclosed, all relevant exhibits kept under seal and all confidential decisions rendered, in the case of Prosecutor v. Radislav Krstic, Case No. IT-98-33, with the exception of any ex parte material;

  2. the accused and defence counsel in the case No. IT-05-88-PT shall not disclose to the public any non-public evidence; and

  3. the accused and defence counsel in the case No. IT-05-88-PT shall not disclose to the public, the names of witnesses, their whereabouts, the contents of the witness statements, transcripts of witness testimonies, their contents thereof, or any information which would enable them to be identified and which would breach the confidentiality of the protective measures issued in the course of the proceedings against Radislav Krstic.

For the purpose of this decision, "the public" shall mean and include all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the Tribunal, the staff of the Registry, the Prosecutor and her representatives, the accused in this case, the defence counsel, legal assistants and other members of the Defence team, their agents or representatives. "The public" shall also include, without limitation, family, friends and associates of the accused; accused in other cases or proceedings before the Tribunal; defence counsel in other cases or proceedings before the Tribunal and the media and journalists.

 

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

Dated this eighth day of November 2005
At The Hague
The Netherlands

____________________________
Judge Carmel Agius
Presiding

[Seal of the Tribunal]


1. Prosecutor v. Radislav Krstic, Case No. IT-98-33.