Decision ordering the Registrar to re-file as a public document the decision of the Presidency concerning Mr. Lubanga’s urgent requests.

On the 17 July 2007, the Presidency issued a ruling ordering the Registrar to re-file as a public document its Decision on the “Urgent request per Rule 21(3) of the Rules of Procedure and Evidence” and on the “Urgent Request for the Appointment of a Duty Counsel” filed by Thomas Lubanga Dyilo before the Presidency on 7 May 2007 and 10 May 2007, respectively. Submissions relative to the issue of whether or not the ‘confidential and ex parte’ status of the Decision should remain were requested from the Applicant Mr. Lubanga and the Registrar.

Up to the time that the Decision was delivered only the Registrar had complied with the request to file submissions. The Registrar was not opposed to public classification of the document as in his opinion the Decision contained no privileged communication between the Applicant and his counsel nor any information likely to pose a danger to victims and witnesses.

The Presidency agreed with the view of the Registrar and ruled that there was nothing in the Decision which touched upon legal professional privilege or warranted the retention of the confidential ex parte classification and so ordered the Registrar to re-file the Decision as a public document.

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