Case No.: IT-02-54-T
IT-99-37-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
15 September 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

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DECISION ON MOTIONS OF THE DEFENCE IN PROSECUTOR v MILUTINOVIC, OJDANIC AND SAINOVIC FOR ACCESS TO CERTAIN CONFIDENTIAL FILINGS

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Cristina Romano
Mr. Milbert Shin

Counsel for the Accused

Mr. Stephen Kay, QC, and Ms. Gillian Higgins, for Slobodan Milosevic
Mr. Eugene O’Sullivan and Mr. Slobodan Zecevic, for Milan Milutinovic
Mr. Toma Fila and Mr. Vladimir Petrovic for Nikola Sainovic
Mr. Tomislav Visnjic, Mr. Peter Robinson, and Mr. Vojislav Selezan, for Dragoljub Ojdanic

Amici Curiae

Mr. Timothy L.H. McCormack

 

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 ("the International Tribunal"),

REMAINING SEISED of part of a "Motion filed on Behalf of Mr. Milan Milutinovic for Access to Certain Confidential Filings in the Case of the Prosecutor v. Slobodan Milosevic, Case No IT-02-54-T" filed on 14 May 2004, together with a "Defence Motion Requesting Access to Certain Confidential Filings in the Case of the Prosecutor v. Slobodan Milosevic" filed on behalf of the accused, Nikola Sainovic on 18 May 2004 (together the "Motions"),

NOTING the Decision of the Trial Chamber of 27 July 2004 in which the Trial Chamber granted the Motions in part, directing the Office of the Prosecutor ("Prosecution") to file a submission within two weeks of the date of that Decision, addressing one specific item before any further ruling,

NOTING the submission of the Prosecution filed on 9 August 2004 ("Prosecution Response") in which the Prosecution provided the information sought by the Trial Chamber,

CONSIDERING that the Trial Chamber is now satisfied that the remaining item for which access is sought relates to a protected witness, in respect of whom delayed disclosure of identity has been authorised,

CONSIDERING that the reference in the document to which access is sought includes the name and other identifying features of the protected witness but that such details are suitable for redaction,

CONSIDERING ALSO that the defence teams in the Milutinovic case are bound by Orders for non-disclosure preventing the disclosure by them to the public of confidential material provided to them under Rules 66 and 68 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

PURSUANT TO Rules 54 and 66 of the Rules

HEREBY DIRECTS the Registry to provide the defence in the Milutinovic case with copies of confidential annex 2 to the Amici Curiae Motion for Judgement of Acquittal Pursuant to Rule 98 bis after first having redacted the pre-penultimate entry on page 98 (RP 30679) to remove all reference to the witness’ name, exhibit number and Registry page number and any other identifying features.

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

Judge Patrick Robinson
Presiding

Dated this fifteenth day of September 2004
At The Hague
The Netherlands

[Seal of the Tribunal]