Case: IT-95-17-PT
BEFORE TRIAL CHAMBER I
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
Decision of:
20 April 2005
PROSECUTOR
v.
Miroslav BRALO
_______________________________________________
DECISION ON ACCESS TO CONFIDENTIAL MATERIAL
_______________________________________________
The Office of the Prosecutor:
Mr. Mark Harmon
Counsel for the Defence:
Mr. Jonathan Cooper
TRIAL CHAMBER I ("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 ("Tribunal");
BEING SEISED of the "Prosecution’s Motion for Order to Grant Defence Access to Further Excerpts of Confidential Testimony" filed on 23 March 2005 to which is attached an annex identifying confidential transcript pages of proceedings in other cases before this Tribunal;
NOTING the Decision on Access to Confidential Testimony and Documents filed on 7 March 2005 in which the Chamber granted access to the Defence to confidential material in other cases before this Tribunal;1
NOTING that the Prosecution submits that, following this Decision and upon the request of the Defence, it has identified further excerpts (identified in the annex to the Motion) which refer expressly or by implication to the accused Miroslav Bralo ("Accused") and which should be communicated to the Defence;
NOTING that the parties are on agreement;
CONSIDERING that the material to be disclosed concern the Accused and that such disclosure would allow the Defence to effectively prepare and is as such in the interests of justice;
PURSUANT TO Rules 54 and 75 of the Rules of Procedure and Evidence,
HEREBY GRANTS the Motion and ORDERS:
For the purposes of the above paragraphs, third parties exclude: (i) the Defence for Bralo, (ii) persons authorised by the Registrar to assist Counsel in this case, (iii) personnel from the Tribunal, including members of the Office of the Prosecutor.
Done in English and French, the English text being authoritative.
Dated this 20th day of April 2005,
At The Hague,
The Netherlands.
____________________
Judge Liu Daqun
Presiding
[Seal of the Tribunal]
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