Order for Non-Disclosure

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
18 January 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

__________________________________________________

ORDER FOR NON-DISCLOSURE

__________________________________________________

The Office of the Prosecutor:

Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Turner T. Smith, Jr., Ms. Ksenija Turkovic, Mr. Robert A. Stein, Mr. Stephen M. Sayers, Mr. David F. Geneson, and Mr. Leo Andreis, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez

JUDGE RICHARD MAY and JUDGE MOHAMED BENNOUNA, members of Trial Chamber III 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"),

NOTING that the third member of the Trial Chamber, Judge Patrick Robinson, is required for urgent personal reasons to be absent from the seat of the International Tribunal for a period which is likely to be of short duration,

NOTING the Order of the remaining Judges of the Trial Chamber issued on 17 January 2000 stating that they are satisfied that it is in the interests of justice to continue the hearing of the case in the absence of Judge Robinson, pursuant to Rule 15 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

BEING SEISED of a oral application raised by the Office of the Prosecutor ("Prosecution") on 17 January 2000 ("the Request") seeking permission to introduce in these proceedings a document filed under seal in another case and to present such document to a witness who is to be heard in the absence of Judge Robinson,

NOTING the Decision issued by Trial Chamber I of the International Tribunal issued on 17 January 2000 in the case of Prosecutor v. Blaskic, Case No. IT-95-14, authorising the release of the document in question to the Defence in this case, subject to whatever protective measures this Trial Chamber may see fit to impose, while respecting the confidential nature of the document,

HAVING GRANTED THE REQUEST orally on 17 January 2000,

PURSUANT TO Rules 15 bis and 75 of the Rules,

AND WITH THE AGREEMENT OF THE PARTIES

HEREBY CONFIRMS THE ORDER as follows:

all parties shall restrict access to the document to lead counsel and, for the Defence, the accused, plus two designated members of each team;

the contents of the document and its nature shall not be disclosed to the public or to the media;

all discussion of or testimony concerning the document or its contents shall be held in closed or private session; and

if produced as an exhibit in this case, the document shall remain under seal in the records of the International Tribunal.

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

_____________________________
Richard May
Presiding Judge, Trial Chamber III

_____________________________
Mohamed Bennouna
Judge, Trial Chamber III

Dated this eighteenth day of January 2000
At The Hague
The Netherlands

[Seal of the Tribunal]