Mr. Upawansa Yapa

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew M. Paley

THE Appeals 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"),

BEING SEIZED of the "Appellant’s Motion for Access to Confidential Tribunal Decisions, and for Additional Extension of Time" filed on 7 May 2001 ("the Application"), in which he requests an extension of time to file his Reply brief in support of his "Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115" ("the Reply"), and authorisation to the Registrar to provide to the Appellant the following confidential decisions issued by the Appeals Chamber in the Kupreskic case:

(a) "Decision on the Motions of Appellants Vlatko Kupreskic, Drago Josipovic, Zoran Kupreskic and Mirjan Kupreskic to Admit Additional Evidence" issued on 26 February 2001, and

(b) "Decision on the Admission of Additional Evidence Following Hearing of 30 March 2001" issued on 11 April 2001 ("the confidential decisions");

NOTING the "Prosecution’s Response to the Appellant’s Motion for Access to Confidential Tribunal Decisions and for Additional Extension of Time" filed on 11 May 2001, in which the Prosecution does not object to the granting of additional time;

NOTING that in the Application the Appellant submits that the confidential decisions are the primary legal authority upon which the Prosecution relies in its "Prosecution Response to Appellant’s Motion to Admit Additional Evidence Pursuant to Rule 115" filed on 19 April 2001 ("the Response");

CONSIDERING that the Appellant did not receive copies of the supporting annexes filed by the Prosecution with its Response until 30 April 2001,

CONSIDERING Rule 75(D) of the Rules of Procedure and Evidence ("the Rules") which provides:

Once protective measures have been issued in respect of a victim or witness, only the Chamber granting such measures may vary or rescind them or authorise the release of protected material to another Chamber for use in other proceedings. If, at the time of the request for variation or release, the original Chamber is no longer constituted by the same Judges, the President may authorise such variation or release, after consulting with any Judge of the original Chamber who remains a Judge of the Tribunal and after giving due consideration to matters relating to witness protection.

CONSIDERING that it is for the Appellant to request the disclosure of the confidential decisions before the Appeals Chamber as composed in the Kupreskic case;

CONSIDERING FURTHER that Rule 127 of the Rules allows the Appeals Chamber to enlarge or reduce any time prescribed by or under the Rules, on good cause being shown;

(a) DISMISSES the Application to the extent that it requests access to confidential Tribunal decisions; and

(b) PURSUANT to Rule 127 of the Rules, GRANTS the Appellant an extension of fourteen days to file the Reply by 18 June 2001.

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

______________________
Lal Chand Vohrah
Presiding Judge

Done this twenty fourth day of May 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]