IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
1 March 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

______________________________________

ORDER FOR PROTECTIVE MEASURES

______________________________________

The Office of the Prosecutor:

Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr., Mr. Robert A. Stein, Mr. Stephen M. Sayers and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez

 

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 ("the International Tribunal"),

BEING SEISED OF an oral ex parte motion for protective measures raised by the Office of the Prosecutor ("Prosecution") on 29 February 2000 ("the Motion"), concerning a witness whose identity is known to the Trial Chamber ("the Witness"),

NOTING the Order of this Trial Chamber of 19 March 1999 authorising the Prosecution, inter alia, to delay disclosure of the name or statements of the Witness until ten days before the Witness is due to testify in this case, and imposing a number of protective measures in respect of the Witness,

NOTING that the Prosecution has indicated that it will now seek to admit into evidence the transcript of the Witnessís prior testimony before the International Tribunal in another case,

NOTING that the Prosecution now wishes to serve the statement of the Witness and the transcript of the Witnessís prior testimony on both the Kordic Defence and the Cerkez Defence, subject to certain protective measures,

CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING that the Order of 19 March 1999 continues in full force and effect,

PURSUANT TO Rules 75 and 79 of the Rules

HEREBY EXTENDS the provisions of its Order of 19 March 1999 to apply, mutatis mutandis, to the release of the statement of the Witness and the transcript of the Witnessís prior testimony to both the Kordic Defence and the Cerkez Defence and ORDERS as follows:

  1. the Kordic Defence and the Cerkez Defence shall each restrict access to the name, statement and transcript of prior testimony of the Witness to lead counsel and the accused in person, plus two designated members each of the Kordic Defence and the Cerkez Defence, to be indicated to the Prosecution at the time of disclosure;
  2. the name, address, whereabouts of and other identifying information concerning the Witness shall not be disclosed to any other unauthorised person nor to the public or the media and shall be sealed and not included in any of the public records of the International Tribunal;
  3. records of the International Tribunal identifying the Witness shall not be disclosed to the public or the media;
  4. to the extent that the name, address, whereabouts or other identifying information concerning the witness is contained in the existing public records of the International Tribunal, that information shall be expunged from those records;
  5. the transcript of prior testimony of the Witness shall remain sealed in the records of the International Tribunal, save with leave of a Trial Chamber; and
  6. all references to the transcript of prior testimony of the Witness, including discussion as to the admissibility of such transcript, shall be made in closed session.

 

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

_____________________________
Richard May
Presiding

Dated this first day of March 2000
At The Hague
The Netherlands

[Seal of the Tribunal]