Case No. IT-02-54-T

Before:
Judge O-Gon Kwon, Duty Judge

Registrar:
Mr. Hans Holthuis

Order of:
18 December 2005

THE PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON EX PARTE AND CONFIDENTIAL APPLICATION FOR COURT ORDER IN RELATION TO "PROSECUTIONíS APPLICATION FOR AN ORDER PURSUANT TO RULE 54bis DIRECTING SERBIA AND MONTENEGRO TO COMPLY WITH OUTSTANDING REQUESTS FOR ASSISTANCE", DATED 9 DECEMBER 2005

_________________________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

Government of Serbia and Montenegro:

H.E. Rasim Ljajic
Ms. Sanja Milinkovic

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay
Ms. Gillian Higgins

Amicus Curiae:

Mr. Timothy McCormack

 

I, O-GON KWON, DUTY JUDGE 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 ("Tribunal");

BEING SEISED of the "Application for Court Order in Relation to Prosecutionís Application for an Order Pursuant to Rule 54bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance, dated 9 December 2005" signed and submitted ex parte and confidentially on 18 December 2005 to be filed at the earliest opportunity ("Motion") by the Prosecution in the case of Prosecutor v. Slobodan Milosevic ("Prosecution"), in which the Prosecution seeks an immediate Order prohibiting the use, publication, dissemination, copying, distribution, summarizing or in any other way making use of or transmitting the contents of the "Prosecutionís Application for an Order Pursuant to Rule 54bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance, filed on 9 December 2005", ("Application");

NOTING the "Corrigendum to Prosecutionís Application for an Order Pursuant to Rule 54bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance, dated 9 December 2005", filed confidentially 16 December 2005, in which Prosecution, at the request of the Government of Serbia and Montenegro, requested that the Registry take all necessary measures for the Application to be held confidentially;

NOTING further that the Registry changed the status of the Application from a public filing to a filing held confidentially;1

CONSIDERING the importance of preventing disclosure to the public of confidential material;

FOR THE FOREGOING REASONS

PURSUANT TO Rules 54 and 77 of the Rules of Procedure and Evidence;

HEREBY ORDERS THAT:

The use, publication, dissemination, copying, distribution, summarizing or in any other way making use of or transmitting the contents of the Application is prohibited;

Any use publication, dissemination, copying, distribution, summarizing or in any other way making use of or transmitting the contents of the Application in violation of this Order may lead to proceedings for contempt pursuant to Rule 77(A)(ii) of the Rules;

The Media Office of the Tribunal shall disseminate this Order forthwith to any possible recipients of the Application whom it deems right to approach to the effect that the Application is now a confidential filing and, as such, steps should be taken to avoid the risk of it passing into hands other than those of the initial recipients, by destruction or return to the Tribunal, the onus being on recipients to avoid accidental publication or use of the material in any way.

 

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

Dated this eighteenth day of December 2005,
At The Hague,
The Netherlands.

________________________
O-Gon Kwon
Duty Judge

[Seal of the Tribunal]


1. Motion, para. 3.