Case No. IT-03-68-T
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser
Registrar:
Mr. Hans Holthuis
Order of:
26 October 2005
PROSECUTOR
v.
NASER ORIC
_____________________________________________
ORDER ON THE DEFENCE MOTION ON BEHALF OF DRAGO NIKOLIC SEEKING ACCESS TO ALL CONFIDENTIAL MATERIAL IN THE ORIC CASE
_____________________________________________
The Office of the Prosecutor:
Mr. Jan Wubben
Ms. Patricia Sellers Viseur
Mr. Gramsci di Fazio
Ms. JoAnne Richardso
Counsel for the Accused Oric:
Ms. Vasvija Vidovic
Mr. John Jones
Counsel for the Accused Nikolic:
Mrs. Jelena Nikolic
Mr. Stéphane Bourgon
TRIAL CHAMBER II ("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 ("Tribunal"):
BEING SEISED OF the "Defence Motion on Behalf of Drago Nikolic Seeking Access to All Confidential Material in the Oric Case" filed by Defence Counsel for Drago Nikolic in Case Number IT-05-88-PT ("Nikolic Defence") on 17 October 2005 ("Nikolic Motion"), in which the Nikolic Defence seeks to have access to all confidential material (including the transcripts, exhibits and filings) in the Oric case;
NOTING the "Response on Behalf of Naser Oric to Defence Motion on Behalf of Drago Nikolic Seeking Access to All Confidential Material in the Oric Case" filed by Counsel for Naser Oric ("Oric Defence") on 25 October 2005 ("Oric Response"), in which the Oric Defence submits that the Nikolic Defence has not demonstrated i) the existence of a nexus between the case against Drago Nikolic and the case against Naser Oric, and ii) the forensic purpose for requesting disclosure of the identities of protected witnesses called by the Oric Defence;
NOTING Rule 126bis of the Rules of Procedure and Evidence of the Tribunal ("Rules") which provides that, unless otherwise provided, a response, if any, to a motion shall be filed within fourteen days of the filing of the motion and that a reply to a response, if any, shall be filed within seven days of the filing of the response, with the leave of the relevant Chamber;
NOTING that the Office of the Prosecutor ("Prosecution") in the case against Naser Oric has not yet indicated whether it will respond to the Nikolic Motion;
CONSIDERING that the Nikolic Defence should be given an opportunity, only if so desires, to reply to the submissions made by the Oric Defence;
FOR THE FOREGOING REASONS,
PURSUANT TO Rules 54 and 126bis of the Rules
HEREBY INVITES
Done in French and English, the English version being authoritative.
Dated this twenty-sixth day of October 2005,
At The Hague
The Netherlands
________________________
Carmel Agius
Presiding Judge
[Seal of the Tribunal]
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