Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
21 March 2002
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION REQUEST TO FILE CONFIDENTIALLY RULE 65 ter WITNESS AND EXHIBIT LISTS AND WITNESS STATEMENTS REQUIRED BY RULE 66 (A) (ii)
_________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Ms. Hildegard Uertz-Retzlaff
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Mischa Wladimiroff
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 a confidential "Prosecution Request to File Confidentially Rule 65 ter Witness and Exhibit Lists and Witness Statements Required by Rule 66 (A) (ii)", filed by the Office of the Prosecutor ("Prosecution") on 18 March 2002 ("the Request"), requesting the following orders pursuant to Rule 75:
NOTING that the Rule 65 ter (E)(ii), Rule 65 ter (E)(iii) and Rule 66 (A)(ii) material is to be filed by 30 April 2002,
NOTING the "Decision on Prosecution Motion for Provisional Protective Measures" issued on 19 February 2002 ("the Decision"), the "Decision on Prosecution Motion for Protective Measures for Victims and Witnesses" issued on 19 March 2002 ("the Second Decision") and the "Decision on Prosecution Request for Further Time to Contact Witnesses" issued on 5 March 2002 ("Further Time Decision") taken with respect to the supporting material in the Bosnia Indictment, in which the Trial Chamber ordered:
CONSIDERING that the rights of the accused would not be prejudiced by an order granting the Prosecution request for the following reasons:
CONSIDERING that it would be preferable that the Prosecution determines the protective measures it wishes to seek for witnesses it intends to call in the Croatia and Bosnia parts of the trial as soon as possible,
CONSIDERING that, consistent with the Second Decision, the Trial Chamber does not consider it generally useful to impose on the amici curiae and the accused orders of a nature sought concerning the signing of disclosure agreements and keeping records of disclosure,
PURSUANT TO RULE 75 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY ORDERS AS FOLLOWS:
For the purposes of this Decision, "the public" means all persons, governments, organisations, entities, clients, associations and groups, other than the judges of the Tribunal and the staff of the Registry (assigned to either Chambers or the Registry), and the Prosecutor, and the accused. "The public" specifically includes, without limitation, family, friends and associates of the accused, accused in other cases or proceedings before the Tribunal and defence counsel in other cases or proceedings before the Tribunal.
Done in English and French, the English text being authoritative.
__________________
Richard May
Presiding
Dated this twenty-first day of March 2002
At The Hague
The Netherlands
[Seal of the Tribunal]