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IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
3 February 2000
PROSECUTOR
v.
DAMIR DOSEN
DRAGAN KOLUNDZIJA
___________________________________________________________
ORDER ON MOTION OF ACCUSED KOLUNDZIJA FOR
ACCESS TO CERTAIN CONFIDENTIAL MATERIALS
____________________________________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Mr. Michael Keegan
Mr. Kapila Waidyaratne
Counsel for the Accused:
Mr.Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucicevic, for Dragan Kolundzija
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 "Defence Motion Requesting that the Trial Chamber Allow a Review of Confidential Materials from the Furundija Matter Relating to Post Traumatic Stress Disorder (the Motion) filed on behalf of the accused Dragan Kolundija ("the accused") on 26 November 1999,
NOTING the "Prosecutions Response to Defence Motion Requesting that the Trial Chamber Allow a Review of Confidential Materials from the Furundija Matter Relating to Post Traumatic Stress Disorder filed by the Office of the Prosecutor (Prosecution") on 10 December 1999,
HAVING HEARD the arguments of the parties in open session on 24 January 2000,
NOTING the arguments of the accused seeking access to confidential materials, including pleadings and transcripts of closed session testimony given in the Furundija case regarding Post-Traumatic Stress Disorder ("PTSD"), on the basis that:
NOTING the arguments of the Prosecution in response that:
CONSIDERING that Rule 75 (D) provides that the lifting or variation of protective measures issued in respect of a victim or witness are to be varied or rescinded by the Trial Chamber which issued the measures or, if at the time of the request for lifting or variation the original Chamber is no longer constituted by the same Judges, the President may authorise such lifting or variation,
CONSIDERING that pursuant to IT/161, Rule 75, as amended, entered into force on 7 December 1999,
CONSIDERING that pursuant to Rule 6 (D), an amendment "shall not operate to prejudice the rights of the accused in any pending case",
CONSIDERING that Rule 75 (D) is a procedural provision and that its operation in the current matter would not operate to prejudice the rights of the accused,
PURSUANT TO Rule 75 (D) and Rule 54 of the Rules
HEREBY DENIES the Motion and draws the attention of the accused to Rule 75 (D) of the Rules.
Done in both English and French, the English text being authoritative.
________________________________
Richard May
Presiding Judge
Dated this third day of February 2000
At The Hague
The Netherlands
[Seal of the Tribunal]
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