Case No. IT-00-41-PT
IN TRIAL CHAMBER I
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
Decision of:
27 October 2004
PROSECUTOR
v.
Pasko LJUBICIC
_________________________________
DECISION ON PROSECUTION’S MOTION TO LIFT CONFIDENTIALITY OF A FILING FROM THE CASE OF PROSECUTOR v. TIHOMIR BLASKIC
_________________________________
The Office of the Prosecutor:
Mr. Mark Harmon
Ms. Magda Karagiannakis
Counsel for the Accused:
Mr. Tomislav Jonjic
Ms. Nika Pinter
TRIAL CHAMBER I 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 "Trial Chamber" and the "International Tribunal");
BEING SEIZED of the "Prosecution’s Motion Concerning Confidential Filings from the Case of Prosecutor v. Tihomir Blaskic" filed on 18 October 2004 and to which are attached two annexes A (a redacted motion concerning a report by the accused Ljubicic and filed before the Appeals Chamber in the Blaskic case) and B (the confidential decision pertaining to this report) ("Motion");
CONSIDERING that pursuant to Rule 75(G)(ii) of the Rules of Procedure and Evidence ("Rules"), the Prosecution seeks to lift the confidentiality of Annex B because it is anticipated that Annex B will be presented as evidence against the accused Ljubicic in this case;
CONSIDERING that it is in the interests of justice to ensure that the proceedings before the Tribunal are public to the maximum extent possible; that there is no adverse consequences to victims, witnesses, or any other party in the public release of Annex B; that it is in the interests of the accused Ljubicic to have access to the information contained in Annex B; 1
PURSUANT to Rules 54 and 75 of the Rules;
HEREBY GRANTS the Motion.
Done in English and French, the English version being authoritative.
Dated this 27th Day of October 2004,
At The Hague,
The Netherlands.
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Liu Daqun
Presiding Judge