Access to ex parte material in the same case

Notion(s) Filing Case
Decision on Redacted Versions of Rule 86(F) Filings - 24.01.2017 KARADŽIĆ Radovan
(MICT-13-55-A)

Pages 3-4: 

RECALLING that a request for access to confidential ex parte material can only be granted when the requesting party demonstrates a heightened showing of a legitimate forensic purpose in order to protect the interests of the party who designated its filing as ex parte and who enjoys a protected degree of trust that the ex parte material will not be disclosed;[1]

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FINDING that issuing public redacted versions of the decisions and orders issued in this case pursuant to Rule 86(F) of the Rules as well as four filings made by the Registry of the Mechanism and the Prosecution will ensure the public nature of these proceedings to the extent possible and that the interests of the parties who designated their filings as ex parte can be adequately protected by appropriate redactions;

CONSIDERING that, in light of the varied circumstances of applications made under Rule 86(F) of the Rules, access to any future confidential ex parte materials in such cases should be determined upon any application made on a case-by-case basis;

[1] See The Prosecutor v. Miroslav Bralo, Case No. IT-95-17-A, Decision on Motions for Access to Ex Parte Portions of the Record on Appeal and for Disclosure of Mitigating Material, 30 August 2006, para. 17. See also Decision of 10 May 2016 [Decision on Motion for Access to Ex Parte Filings in Completed Cases, 10 May 2016], p. 3 and references cited therein.

[2] Prosecutor v. Radovan Karadžić, Case No. MICT-13-55-R86F.2, Registrar’s Submission in Relation to the Order of 20 September 2016, 27 September 2016 (confidential and ex parte); Prosecutor v. Radovan Karadžić, Case No. MICT-13-55-R86F.3, 27 September 2016, Registrar’s Submission in Relation to the Order of 20 September 2016 (confidential and ex parte); Prosecutor v. Radovan Karadžić, Case No. MICT-13-55-R86F.2, Prosecution Request for Leave to File Further Submission in Response to Registrar’s Submission in Relation to the Order for Submissions of 20 September 2016, 29 September 2016 (confidential and ex parte); Prosecutor v. Radovan Karadžić, Case No. MICT-13-55-R86F.3, Prosecution Request for Leave to File Further Submission in Response to Registrar’s Submission in Relation to the Order for Submissions of 20 September 2016, 29 September 2016 (confidential and ex parte). The Appeals Chamber notes that its finding does not extend to the confidential ex parte annexes attached to the Registry’s submissions of 29 September 2016.

[3] The Appeals Chamber notes that, with regard to two of the five proceedings at issue, Case No. MICT-13-55-R86.F.2, Case No. MICT-13-55-R86.F.3, the ex parte status of the requests made under Rule 86(F) of the Rules was lifted in these instances with respect to the Prosecution as the requests concerned Prosecution witnesses. The request filed as Case No. MICT-13-55-R86.F.1 was dismissed for lack of jurisdiction. Two other proceedings, Case No. MICT-13-55-R86.F.4 and Case No. MICT-13-55-R86.F.5, are currently pending and only assignment orders have been issued to date.

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MICT Rule Rule 86(F)