IN THE TRIAL CHAMBER

Before: Judge Lal Chand Vohrah

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 20 July 2000

PROSECUTOR

v.

DUSKO SIKIRICA AND OTHERS


ORDER GRANTING IN PART PROSECUTOR’S MOTION TO VACATE
ORDER OF NON-DISCLOSURE ISSUED ON 30 AUGUST 1999


Counsel for the Prosecutor:

Ms. Brenda J. Hollis

Counsel for the Accused:

Mr. Dušan Vucicevic for Kolundžija
Mr. Vladimir Petrovic for Došen
Mr. Veselin Londrovic for Sikirica

 

I, Lal Chand Vohrah, Judge of the International Criminal Tribunal for the Former Yugoslavia,

NOTING the Prosecutor’s Ex Parte and Confidential "Motion for Leave to Vacate In Part an Order for Non-Disclosure" of 22 May 2000,

NOTING the "Confidential Order Granting Leave to Redact Amended Indictment" of 30 August 1999,

NOTING the "Confidential Order Granting Leave to Vacate Non-Disclosure Order" of 30 August 1999,

NOTING the "Confidential Order for Non-Disclosure" of 30 August 1999,

NOTING the "Confidential Order Granting Leave to File an Amended Indictment and Confirming the Amended Indictment" of 30 August 1999,

CONSIDERING that the Ex-Parte – Confidential "Prosecution’s Motion to Vacate Order of Non-Disclosure Issued on 30 August 1999" filed on 29 June 2000 asserts that the 25 June 2000 arrest and detention of accused Duško Sikirica, alleged commander of Keraterm camp "puts the other camp personnel on notice that they, too, are at risk of detention, so that the continuing non-disclosure of portions of the Indictment relating to Accused not in custody will no longer serve the purposes originally envisioned",

CONSIDERING that the "Prosecution’s Motion to Vacate Order of Non-Disclosure Issued on 30 August 1999" submits that "the interests of justice no longer require that the indictment and attachments be kept under seal" and requests that the Confirming Judge vacate the Confidential "Order for Non-Disclosure", thus transforming the Amended Indictment, in its entirety, into a public document,

CONSIDERING however that supporting materials and other confidential documents are also protected by the "Order of Non-Disclosure" issued on 30 August 1999,

ORDER, pursuant to Rules 52, 53, and 54 of the Rules of Procedure and Evidence, that the "Order of Non-Disclosure" of 30 August 1999 be vacated in part, to make public the Amended Indictment, as well as any material in the Attachments, subject to any protective measures ordered by the Trial Chamber now seised of the matter. Supporting materials shall remain confidential, and

INSTRUCT the Registrar to take all necessary measures to enforce this Order pursuant to the aforecited Rules.

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

 

_________________________________
Lal Chand Vohrah
Judge

Dated this twentieth day of July 2000
At The Hague,
The Netherlands

[Seal of the Tribunal]