Mr. Upawsana Yapa
Ms. Brenda Hollis
Mr. Christopher Staker
Mr. Norman Farrell
Mr. Rodney Dixon

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 ("International Tribunal");

BEING SEISED of a "Motion of Appellant, Esad Landzo, to Vary Order On Second Motion to Preserve and Provide Evidence", filed on 7 September 1999 ("Motion");

NOTING the "Defendant Esad Lanzo’s Notice of Appeal", filed on 1 December 1998, wherein he sets out his grounds of appeal, which include, inter alia, that his right to a fair and expeditious trial pursuant to Articles 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Fourth Ground of Appeal");

NOTING the "Second Motion to Preserve and Provide Evidence", filed on 12 May 1999, wherein Esad Landzo requested that Counsel acting on his behalf be granted access to the daily videotapes produced by Camera 3 in Courtroom I during his trial in order to assist him in the presentation of the Fourth Ground of Appeal;

NOTING the "Order on the Second Motion to Preserve and Provide Evidence" issued on 15 June 1999 ("Order on Access to Videotapes"), in which the Appeals Chamber ordered, inter alia, (i) that Counsel or Co-counsel for Esad Landzo or their legal assistant(s) under a specified time-period and subject to a number of conditions be allowed to view particular videotapes of the proceedings conducted in open session during the trial of the Appellant, and (ii) that only Counsel or Co-counsel for the Appellant be permitted, during the same time-period and subject to the same conditions, to view videotapes of those portions of the Appellant’s trial that were conducted in closed session;

NOTING FURTHER the "Order on Motion by Esad Landzo for Extension of Time to File Supplementary Brief", issued on 29 July 1999 ("Order for Extension"), in which the Appeals Chamber extended the time-period in which Counsel or Co-counsel for the Appellant or their legal assistant(s) may view the videotapes in question until 15 October 1999;

CONSIDERING that the Appellant in the Motion requests the Appeals Chamber to vary the Order on Access to Videotapes so as to permit his legal assistant, Ms Nancy Boler, to view video-recordings also of those portions of the Appellant’s trial that were conducted in closed session;

NOTING the "Prosecution’s Response to Motion of Appellant, Esad Landzo, to Vary Order on Second Motion to Preserve and Provide Evidence", filed on this day, in which the Office of the Prosecutor states that it does not oppose the Motion on the understanding that the requested variance of the Order on Access to Videotapes would pertain only to Ms Nancy Boler and that all terms and conditions of the previous order would apply also to her;

CONSIDERING the fundamental importance of ensuring that the confidentiality of information disclosed in proceedings conducted in closed session be respected and maintained;

CONSIDERING that Ms Nancy Boler, a member of the Bar of Texas, United States of America, previously served as Co-counsel for the Appellant at the trial stage of the present case;

CONSIDERING that, in the circumstances of the present case, sufficient guarantees for the maintenance of confidentiality exist to allow Ms Nancy Boler access to the material in question, subject to the condition that any information thus received not be disclosed to anyone other than the Appellant, his Counsel or his Co-counsel;

HEREBY GRANTS the Motion;

AND ORDERS that:

1. Upon the filing of the undertaking of non-disclosure as provided by order No. 3 below, Ms Nancy Boler may view the videotapes of proceedings conducted in closed session and produced by Camera 3 in Courtroom I and Camera 3 in Courtroom III during the trial of the Appellant, for the purposes and under the conditions stated in the Order on Access to Videotapes, as amended by the Order for Extension;

2. Ms Nancy Boler shall be bound by the orders for protective measures made by the Trial Chamber and shall not disclose any information received through the viewing of the videotapes to anyone other than the Appellant, his Counsel or his Co-counsel;

3. Ms Nancy Boler shall confirm her obligation pursuant to order No. 2 above by filing before the Appeals Chamber an undertaking of non-disclosure of this information, which will be made available to her through the Registry;

4. Any breach of the orders numbered 1 and 2 above, or the terms of the undertaking filed pursuant to order No. 3 above, shall render Ms Nancy Boler liable to proceedings pursuant to Rule 77 of the Rules of Procedure and Evidence of the International Tribunal.

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

____________________
David Hunt
Presiding Judge

Done this tenth day of September 1999
At The Hague,
The Netherlands.