IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
23 January 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
ORDER ON PROSECUTION MOTION FOR VARIANCE OF PRIOR ORDERS OF NON-DISCLOSURE
_________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack
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"),
BEING SEISED OF a "Prosecution’s Motion for Variance of Prior Orders of Non-Disclosure", filed on 19 December 2002 ("Motion"), in which the Prosecution seeks variation of prior orders of the Chamber made pursuant to Rules 53(A) and 54 of the Rules of Procedure and Evidence ("Rules"), so as to extend its orders of non-disclosure to material disclosed pursuant to Rule 68, in particular:
on the basis that Rule 68 material often contains sensitive information, such as the names of victims and witnesses,
CONSIDERING the sensitive nature of some of the information provided under Rule 68, that it is appropriate for the Chamber to extend orders of non-disclosure in the appropriate circumstances,
CONSIDERING that the request for the accused, his associates and the amici curiae to obtain non-disclosure agreements from recipients of such information; to keep a record of all such disclosures, and to notify the Chamber of any additions or deletions from the initial list of the Defence team with respect to information provided to the public, are not consistent with the Chamber’s current practice, being only to order such stringent reporting obligations with respect to certain sensitive source witnesses,
PURSUANT TO Rules 53(A) and 54 of the Rules
HEREBY GRANTS THE MOTION IN PART and ORDERS the accused, his legal associates and the amici curiae not to disclose to the public, except to the limited extent directly and specifically necessary for the preparation and presentation of the accused’s case or, in the case of the amici, for the purpose of assisting the Chamber:
Done in English and French, the English text being authoritative.
__________________
Richard May
Presiding
Dated this twenty-third day of January 2003
At The Hague
The Netherlands
[Seal of the Tribunal]
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