Order Regarding Prosecution Request to Allow Defence Access to Material Filed by the Reviewing Judge

Case: IT-01-48-PT

PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
24 January 2005

PROSECUTOR

SEFER HALILOVIC

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ORDER REGARDING PROSECUTION REQUEST TO ALLOW DEFENCE ACCESS TO MATERIAL FILED BY THE REVIEWING JUDGE

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Counsel for the Prosecution:

Mr. Philip Weiner
Ms. Sureta Chana

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

I, THEODOR MERON, President 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 Defence "Urgent Motion for Immediate Disclosure," filed with the Trial Chamber on 16 December 2004, and the "Prosecution’s Response to ‘Urgent Motion for Immediate Disclosure,’" filed with the Trial Chamber 22 December 2004;

NOTING the "Prosecution Request to Allow Defence Access to Material Filed by the Reviewing Judge," filed with the President of the Tribunal on 22 December 2004, in which the Prosecution requested that I, in my capacity as President of the Tribunal, lift the "ex parte" label on some of the documents contained in the Defence "Urgent Motion for Immediate Disclosure";

CONSIDERING that, under Rule 75(G)(i) of the Rules of Procedure and Evidence, a party "seeking to rescind, vary or augment protective measures . . . must apply . . . to any Chamber, however constituted, remaining seised" of the case;

CONSIDERING that Trial Chamber I is seised of this case under the "Order Reassigning a Case to a Trial Chamber," filed on 17 January 2004;

HEREBY DISMISS the "Prosecution Request to Allow Defence Access to Material Filed by the Reviewing Judge" and ORDER the Prosecution to direct its request to the Trial Chamber that is currently seised of the case.

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

Dated this 24th day of January 2005,
At The Hague,
The Netherlands.

________________________
Theodor Meron
President

[Seal of the Tribunal]