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 the various proposals made by the parties in connection with the possibility of reviewing the billing records of Mr. Branislav Avramovic, defence counsel in this matter, in so far as they may relate to the events forming the basis of the allegations of contempt against the accused, Milan Simic, and his counsel, Mr. Branislav Avramovic,

NOTING that the Office of the Prosecutor ("Prosecution") has provided additional information to the Trial Chamber as to the purpose of examining these records and the particular records that might be the subject of such an exercise and has withdrawn its original request for access by the Prosecution to the billing records, suggesting instead that the Trial Chamber direct the Registry to provide the Trial Chamber with copies of the relevant billing records,

NOTING that both Milan Simic and Mr. Branislav Avramovic have proposed and agree to the limited disclosure to the Trial Chamber of information contained in the billing records which is relevant to the contempt proceedings,

NOTING the views of the Registrar of the International Tribunal as expressed in a filing of 24 September 1999, asserting the inviolability of the archives of the Registry of the International Tribunal and the privileged status of the personnel of the Defence Counsel Unit and the information in their possession, and that such immunity can only be waived in special circumstances,

CONSIDERING that: (i) the International Tribunal is a subsidiary organ of the United Nations charged with the fundamental responsibility of prosecuting persons for the most serious violations of international humanitarian law; (ii) to assist in the discharge of that function it has been provided with a Registry whose task is, pursuant to Article 11 of the Statute of the International Tribunal, to service the Trial and Appeals Chambers, and that it fulfils that task by, inter alia, submitting to the Chambers such information and material as it may receive that is relevant to their work; (iii) that lack of access to information and material in the possession of the Registry would frustrate the International Tribunal in the discharge of its fundamental purpose, as outlined in (i); (iv) there being no issue taken as to the application generally of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946 to proceedings of the International Tribunal, the principle of the inviolability of the archives of the United Nations (Article II, section 4, of the 1946 Convention, referred to in Article 30 of the Statute of the International Tribunal) is directed primarily at national authorities and other bodies external to the United Nations, and is not applicable to the International Tribunal in respect of information and material in the possession of the Registry relevant to the discharge of its fundamental purpose, as outlined in (i), this being without prejudice to the non-disclosure of information or material that is confidential in accordance with the general principles of international law,

CONSIDERING that any information in the billing records of Mr. Branislav Avramovic which tends to show: (a) that he met with anyone in Sremska Mitrovca between July 1998 and April 1999; (b) that he or an employee of his law firm made a telephone call to Srmeska Mitrovca between these dates; or (c) that he met with anyone in Bosanski Samac between these dates would not, in the circumstances of the allegations of contempt against Milan Simic and Mr. Branislav Avramovic, be confidential,

CONSIDERING that many of the objections raised by the Registrar relate to the proposals to allow the Prosecution direct access or to require the personnel of the Defence Counsel Unit to identify and submit to the Trial Chamber the pertinent records,

CONSIDERING that, in all the circumstances of this case and the nature of the allegations raised against counsel for Milan Simic, it would be appropriate for a person designated by the Trial Chamber to examine the billing records on behalf of the Trial Chamber,

HAVING SO DECIDED orally on 6 October 1999,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY CONFIRMS THE ORDER as follows:

(1) the Registrar of the International Tribunal is requested to make available to the Senior Legal Officer of the Trial Chamber the billing records of Mr. Branislav Avramovic, defence counsel for Milan Simic, in Case No. IT-95-9 for the period from mid-July 1998 to 10 May 1999;

(2) the Senior Legal Officer shall review the billing records and shall prepare a confidential report to the Trial Chamber, with copies to Milan Simic and his counsel, Mr. Branislav Avramovic, indicating whether any such records appear to relate to the events forming the basis of the allegations of contempt against the accused, Milan Simic and his counsel, Mr. Branislav Avramovic, for the period from mid-July 1998 to 10 May 1999, and if so, providing full details thereof;

(3) the Senior Legal Officer shall deliver the report by Thursday 4 November 1999; and

INVITES the Registrar of the International Tribunal to take all practical steps necessary to implement this Order.

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

______________________________
Patrick Robinson
Presiding

Dated this first day of November 1999
At The Hague
The Netherlands