Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mr. Hans Holthuis

Decision of:
1 May 2001







The Office of the Prosecutor:

Ms. Susan Somers
Ms. Kapila Waidyaratne
Mr. Daniel Saxon

Defence Counsel:

Radomir Lukic


TRIAL CHAMBER I ("the 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 Tribunal"),

SEISED of the oral request for guidance with regard to disclosure by the Prosecutor of the transcript of sworn oral evidence provided in closed session, pursuant to Rule 47, by Investigator Robert W. Reid of the Office of the Prosecutor to Judge Elizabeth Odio Benito on 13 March 1997, prior to the confirmation of the indictment charging Milomir Stakic, and others, made ex parte by the Prosecutor on 23 April 2001;

NOTING the indictment in the case IT-97-24-I, confirmed by Judge Elizabeth Odio Benito on 13 March 1997 pursuant to the Statute and Rules of the Tribunal ("the Indictment’);

NOTING that the accused Milomir Stakic was arrested pursuant to the Indictment on 22 March 2001 and transferred to the seat of the Tribunal on 23 March 2001;

NOTING that proceedings concerning the accused Milomir Stakic are currently before Trial Chamber I;

NOTING the Order of Judge Elizabeth Odio Benito dated 11 September 1997 ("Judge Odio-Benito’s Order") directing that the Prosecution prepare a redacted version of the transcript of the hearing on 13 March 1997 ("the Redacted Transcript"), and that the Registrar file the Redacted Transcript as a public document in the case file;

NOTING that the purpose of the redaction was to protect the identity of Milomir Stakic;

NOTING that the initial appearance of Milomir Stakic occurred on 28 March 2001 and that the accused entered a plea of "not guilty;"

CONSIDERING that Rule 66(A) provides, in part, that within thirty days of the initial appearance of the accused, the Prosecutor shall make available to the accused, in a language which the accused understands, copies of the supporting material which accompanied the indictment when confirmation was sought;

CONSIDERING that the Redacted Transcript forms part of the supporting material, pursuant to Judge Odio-Benito’s Order;

CONSIDERING that there is no need for the name of the accused Milomir Stakic to be redacted from a document disclosed to him;

Pursuant to Rules 54 and 66(A) of the Rules;

HEREBY ORDERS as follows:

An unredacted version of the Redacted Transcript shall be provided to the accused Milomir Stakic, in a language which he understands, no later than 1 May 2001, and filed confidentially with the Registry.


Done in English.

Almiro Rodrigues
Pre-trial Judge

Dated this first day of May 2001,
At The Hague
The Netherlands.

[Seal of the Tribunal]