IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
25 May 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

____________________________________________________

ORDER FOR PROTECTIVE MEASURES

____________________________________________________

The Office of the Prosecutor

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

Defence Counsel

Mr. Mitko Naumovski and Mr. Stephen M. Sayers for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez

 

I, MOHAMED BENNOUNA, Judge 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"),

NOTING THAT THE TRIAL CHAMBER IS SEISED of “Dario Kordic’s Motion for Protective Measures for a Particular Witness to be Called on Thursday, May 25, 2000” filed by the Defence for Dario Kordic (“the Defence”) on 24 May 2000 (“the Motion") seeking certain protective measures in respect of the witness identified in the Request,

NOTING that the Presiding Judge, Judge May, is absent from the International Tribunal today for reasons of illness,

HAVING HEARD the parties in respect of the witness on 25 May 2000,

CONSIDERING that Rule 75 of the Rules of Procedure and Evidence ("Rules") authorises a Judge to order appropriate measures for the privacy and protection of witnesses, provided that the measures are consistent with the rights of the accused,

CONSIDERING that the relief requested by the Defence is appropriate for the privacy and protection of the witness but is still consistent with the rights of the accused,

HAVING GRANTED THE MOTION orally on 25 May 2000,

PURSUANT TO Rule 75 of the Rules,

HEREBY CONFIRM THE ORDERS as follows:

  1. the pseudonym DF shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;

  2. the testimony of witness DF shall be given by means of facial distortion;

  3. the name, address, whereabouts and other identifying information concerning witness DF shall be sealed and not included in any of the public records of the International Tribunal;

  4. to the extent the name of, or other identifying data concerning, witness DF is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;

  5. documents of the International Tribunal identifying witness DF shall not be disclosed to the public or the media; and

  6. the public and the media shall not photograph, video-record or sketch the protected witness while the witness is in the precincts of the International Tribunal.

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

 

___________________________
Mohammed Bennouna
Judge, Trial Chamber III

Dated this twenty-fifth day May of 2000
At The Hague
The Netherlands

[Seal of the Tribunal]