Case No.: IT-02-54-T

THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Fausto Pocar, President

Registrar:
Mr. Hans Holthuis

Order of:
6 April 2006

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ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE

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Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice

Former Court Assigned Counsel in Prosecutor v. Milosevic

Mr. Steven Kay
Ms. Gillian Higgins

 

I, FAUSTO POCAR, 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"),

RECALLING the "Order Assigning a Judge to Conduct an Inquiry" issued by me on 11 March 2006, which assigned, with immediate effect, Judge Kevin Parker, Vice President of the International Tribunal, to conduct an inquiry into the circumstances surrounding the death, on 11 March 2006, of the accused Slobodan Milosevic while in the custody of the United Nations Detention Unit ("Detention Unit") and to directly report the findings of that inquiry to me as soon as possible, pursuant to Rule 33 of the "Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal,"1 ("Rules of Detention");

RECALLING the "Order Assigning a Trial Chamber to Consider Granting Access to Confidential Materials in a Case" issued by me on 14 March 2006, which assigned, with immediate effect, Trial Chamber I to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the authorities of The Netherlands to assist their inquest into the death of Slobodan Milosevic, and to Judge Kevin Parker to assist his internal inquiry into the death of Slobodan Milosevic;

RECALLING the "Order lifting Confidentiality of Relevant Materials for Investigation Purposes" issued by Trial Chamber I on 16 March 2006, ordering the Registrar to grant the authorities of the Netherlands and Judge Parker full access to the Milosevic case file, and to supply them with any materials they request, notwithstanding the confidential character of all relevant materials in the Milosevic case;

NOTING that in a letter to the Ambassador of Sweden to the Netherlands dated 20 March 2006, the Registrar of the International Tribunal submitted a request for assistance to the Government of Sweden in the conduct of an independent audit of the United Nations Detention Unit ("Detention Unit"), in accordance with Rule 33 (A) of the Rules of Procedure and Evidence, which stipulates that the Registrar shall be responsible for the administration and servicing of the Tribunal and shall serve as its channel of communication, under my authority;

NOTING that on 30 March 2006, the Government of Sweden formally agreed to assist the International Tribunal with the requested audit of the Detention Unit and tasked its Ministry for Foreign Affairs to appoint a maximum of four persons to perform an independent audit in accordance with the request submitted by the International Tribunal;

CONSIDERING that, in his letter of 20 March, the Registrar provided terms of reference for the conduct of the independent audit, indicating that it should address all matters related to the governance, management and administration of the Detention Unit, as prescribed by existing agreements, rules and regulations for the establishment and functioning of the Detention Unit, more particularly, security and safety within the Detention Unit; import and export procedures; privileged visits and other visits and communications; medical facilities and medical records; respect for the presumption of innocence in the remand setting; and overview of rules, regulations, orders and procedures;

CONSIDERING that in accordance with Rule 33 (B) of the Rules of Procedure and Evidence, the Registrar has made an oral representation to me asking that the independent auditors appointed by the Government of Sweden be granted access to confidential filings in the Milosevic case for the purposes of their independent audit;

CONSIDERING that there are certain confidential materials that were filed in the Prosecutor v. Milosevic proceedings,2 to which access may be required by the independent auditors appointed by the Government of Sweden;

CONSIDERING in particular, that Slobodan Milosevic was subjected to a special detention regime established as a result of the “Order Concerning the Preparation and Presentation of the Defence Case” issued by Trial Chamber III on 17 September 2003, which ordered the Registrar to provide Slobodan Milosevic with facilities in a privileged setting to allow him to confer confidentially with witnesses and others and to review and work with documents and other material relevant to his Defence, and to provide logistical support with regard to witnesses and facilities to prepare for the presentation of his case;

CONSIDERING that it is in the interest of the International Tribunal and the public that the independent auditors appointed by the Government of Sweden have at their disposal all of the relevant documents required for a thorough examination of the conditions in the Detention Unit;

CONSIDERING that Trial Chamber III issued its "Order Terminating Proceedings" in the Milosevic case on 14 March 2006, noting that all protective measures ordered in the Milosevic case shall continue to have effect unless and until they are rescinded or varied by order of a Chamber;

CONSIDERING that Trial Chamber I expressly indicated in its Order of 16 March 2006 that "all relevant materials in the Milosevic case file shall remain confidential, unless and to the extent the interests of the Inquest or the Inquiry dictate otherwise;

HEREBY ASSIGN, with immediate effect, Trial Chamber I to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the independent auditors appointed by the Government of Sweden to assist in their audit of the Detention Unit.

 

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

Done this 6th day of April 2006,
At The Hague,
The Netherlands.

__________________
Judge Fausto Pocar
President

[Seal of the International Tribunal]


1. IT/38/Rev. 9, as amended on 21 July 2005.
2. Case No. IT-02-54-T.