IN THE TRIAL CHAMBER

Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 10 June 1998

 

 

PROSECUTOR

v.

ANTO FURUNDZIJA

___________________________________________________________

ORDER ON DEFENCE MOTION REQUESTING SEQUESTRATION OF WITNESSES

____________________________________________________________

The Office of the Prosecutor:

Ms. Patricia Viseur-Sellers

Mr. Michael Blaxill

Counsel for the Accused:

Mr. Luka Misetic

Mr. Sheldon Davidson

 

THIS 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 ("International Tribunal");

BEING SEISED of the oral Defence Motion requesting the sequestration of witnesses, brought during the hearing held on 8 June 1998;

CONSIDERING the arguments of the parties at the hearing of 8 June 1998;

NOTING the practice of the International Tribunal of issuing a Notice through the Victims and Witnesses Unit of the Registry, stating that "the Trial Chamber HEREBY DIRECTS you not to discuss testimony with other potential witnesses both prior to and during the trial" (Annexed hereto);

FOR THE FOREGOING REASONS, PURSUANT TO RULES 54 and 90 (D)

HEREBY ORDERS that both the Prosecution and the Defence shall make every effort to prevent contact between their own witnesses prior to and during trial.

 

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

 ________________________________

Florence Ndepela Mwachande Mumba

Presiding Judge

 Dated this tenth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]

 

NOTICE

Rule 90 (D) of the Rules of Evidence and Procedure of the International Tribunal provides:

"(D) A witness, other than an expert, who has not yet testified shall not be present when the testimony of another witness is given. However, a witness who has heard the testimony of another witness shall not for that reason alone be disqualified from testifying."

In addition to the basic instruction to witnesses not to be present in the courtroom when another witness is testifying, the Trial Chamber HEREBY DIRECTS you not to discuss testimony with other potential witnesses both prior to and during the trial.

In practical terms this means that, from the time you are first advised that one of the parties wishes to list you as a potential witness for trial, you should not discuss any matters relating to the trial with persons other than members of the Office of the Prosecutor, counsel for the defence or their designated representatives, or officials of the International Tribunal.

Witnesses must not watch, read or listen to media coverage of the proceedings prior to giving evidence. When the time comes to give your evidence you may be asked by the Trial Chamber whether you have discussed your testimony with other witnesses and whether you have read about the proceedings in the press or watched the broadcasts on television.

Witnesses giving evidence before the International Tribunal are required to make a solemn declaration that they will speak the truth. A witness who gives false testimony after having made the declaration is liable to a potential fine of up to US $10, 000 or imprisonment for up to twelve months or both.

________________________________

Florence Ndepela Mwachande Mumba

Presiding Judge

 Dated this tenth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]