Case No. IT-02-54-T

IN TRIAL CHAMBER III

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

Registrar:
Mr. Hans Holthuis

Order of:
23 September 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

______________________________

PUBLIC VERSION

FIRST DECISION ON ADMISSIBILITY OF SUPREME DEFENCE COUNCIL MATERIALS

______________________________ 

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy 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 ("International Tribunal"),

NOTING that the Trial Chamber issued the confidential version of this Decision on 11 June 2004,

NOTING the following:

NOTING that the Accused and Amici Curiae have not responded to the Relevance Submission,

CONSIDERING that the Prosecution has demonstrated that the SDC material with respect to the 41st and 43rd sessions is relevant to the current proceedings,

NOTING that the Trial Chamber shall issue its decision with respect to the remainder of the SDC material in due course,

NOTING that (1) certain portions of the SDC material with respect to the 41st and 43rd sessions have been granted protective measures by prior Decisions of the Trial Chamber pursuant to Rule 54bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules")2 and (2) these portions (as indicated in the Fourth and Ninth Decisions) shall therefore be admitted into evidence on a confidential basis,

PURSUANT TO Rules 54 and 89 of the Rules,

HEREBY ORDERS as follows:

    1. the SDC material with respect to the 41st and 43rd sessions shall be admitted into evidence; and

    2. the portions of the SDC material with respect to the 41st and 43rd sessions that have already been granted protective measures shall be admitted into evidence on a confidential basis.

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

_____________
Patrick Robinson
Presiding

Dated this twenty-third day of September 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. The Relevance Submission was initially provided to the Trial Chamber, Accused, and Amici Curiae as an unfiled document, but was subsequently filed.
2. See [ confidential] "Decision on Serbia and Montenegroís Request for Protective Measures Pursuant to Rule 54bis", issued 30 July 2003 ("Fourth Decision"); [ confidential] "Ninth Decision on Applications Pursuant to Rule 54bis of Prosecution and Serbia and Montenegro", issued 15 October 2003 ("Ninth Decision").