Case No. IT-99-36-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
20 June 2003

PROSECUTOR
v.
RADOSLAV BRDANIN

______________________________

DECISION ON PROSECUTIONíS NINETEENTH AND TWENTIETH MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

______________________________

The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Andrew Cayley

Counsel for the Accused:

Mr. John Ackerman
Mr. David Cunningham

 

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 ("the Tribunal"):

BEING SEISED OF the of the following motions (collectively referred to as the "Motions"):

  1. "Prosecutionís Nineteenth Motion for Protective Measures for Victims and Witnesses", filed confidentially and under seal by the Office of the Prosecutor ("Prosecution") on 6 June 2003 in which the Prosecution seeks protective measures for one witness identified in the Motion as BT 94, who is to testify at trial and whose name is identified in the Motion;

  2. "Prosecutionís Twentieth Motion for Protective Measures for Victims and Witnesses", filed confidentially and under seal by the Prosecution on 16 June 2003 in which the Prosecution seeks protective measures for one witness identified in the Motion as BT 97, who is to testify at trial and whose name is identified in the Motion;

NOTING that the protective measures sought for BT 94 are the assignment of a pseudonym and image distortion, and the protective measures sought for BT 97 are the assignment of pseudonym, image and voice distortion;

NOTING the standing objections of Counsel for Radoslav Brðanin ("Accused"), expressed during the hearings of 1 July 2002 and 22 November 2002, to testimony being heard in closed session;

NOTING that Counsel for the Accused does not object to the assignment of pseudonyms, image and/or voice distortion;

NOTING the "Addendum to Prosecutionís Eleventh Motion for Protective Measures for Victims and Witnesses (Filed on 26 June 2002)" ("Addendum"), filed confidentially and under seal by the Prosecution on 12 September 2002 and related to the security assessment in the Municipalities covered by the Indictment;

NOTING that BT 94 is expected to give evidence in relation to the events leading up to and during the indictment period, including the acts and conduct of Radoslav Brdjanin ("Accused");

NOTING the security concerns expressed by family members of BT 94 and BT 94ís fears for the safety and security of his family as a result of the fact that it is well known that BT 94 will give evidence before the Tribunal;

NOTING BT 97ís fears for the safety of his family, believing that those responsible for murdering some of his family members are still at large;

CONSIDERING the Trial Chamberís duty to analyse the protective measures sought and determine their compatibility with the rights of the Accused, and the Trial Chamberís duty to balance the right of the Accused to a public hearing against the need to accord appropriate protection to victims and witnesses;

CONSIDERING that the protective measures sought for BT 94 and BT 97 strike an appropriate balance between the rights of the Accused and the rights of the victims and witnesses;

FOR THE FOREGOING REASONS

PURSUANT TO Articles 20, 21 and 22 of the Statute of the Tribunal and Rules 75 and 79 of the Rules of Procedure and Evidence;

HEREBY ORDERS THAT:

  1. The witnesses identified in the Motion as BT 94 and BT 97 shall be referred to by this pseudonyms at all times in the course of his testimony or whenever referred to in the course of the proceedings whether during the hearing or in documents, including the transcript of the proceedings;
  2. BT 94 shall testify with the protective measures of pseudonym and image distortion;
  3. BT 97 shall testify with the protective measures of pseudonym, image and voice distortion;
  4. All hearings to consider the issue of protective measures of BT 94 and BT 97 shall be held in closed session, and edited records and transcripts of the session(s) shall be released to the public and to the media after review of the Prosecution in consultation with the Victims and Witnesses Section;
  5. The name, address, whereabouts of and identifying information for BT 94 and BT 97 shall be sealed and not included in any of the public records of the Tribunal;
  6. To the extent the name, address, whereabouts of, or other identifying data concerning witnesses BT 94 and BT 97 is contained in existing public documents of the Tribunal, that information shall be expunged from those documents;
  7. The public and the media shall not photograph, video-record, sketch or in any other manner record or reproduce images of witnesses BT 94 and BT 97 while they are in the precincts of the Tribunal;

Done in French and English, the English version being authoritative.

Dated this 20th day of June 2003.
At The Hague
The Netherlands

____________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]