Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
13 November 2000







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

The Government of Croatia:

Mr. Sinisa Milevoj
Ms. Mira Martinec


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 application made by the Government of Croatia and filed on 8 November 2000 ("the Motion") seeking permission for two representatives of the government of Croatia to be present during the testimony of a witness summoned by the Trial Chamber pursuant to Rule 98 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") and also conveying the request of the witness for his testimony to be heard in closed session,

HAVING HEARD the arguments of the parties in a closed session held on 13 November 2000,

CONSIDERING that the Trial Chamber is satisfied that the relief requested by the government of Croatia and the witness is appropriate and remains consistent with the rights of the accused,

PURSUANT TO Rules 75 and 79 of the Rules,


  1. the testimony of the witness shall be heard in closed session;

  2. two representatives of the government of Croatia may be present in the courtroom during the testimony of the witness;

  3. edited records and transcripts of the sessions may only be released to the public with the leave of a Trial Chamber; the parties and the government of Croatia may make representations to such Trial Chamber prior to any such release;

  4. no part of the testimony of the witness may be disclosed to the public, the media or to third parties, other than as necessary for the purposes of the judgement in this matter;

  5. the witness statement of the witness shall not be disclosed to the public, and the Kordic Defence and Cerkez Defence (as defined in the Order for Measures to Protect Victims and Witnesses issued by the Trial Chamber on 15 January 1999) shall each restrict access to the name and statement of the witness and the accused in person, plus two designated members each of the Kordic Defence and Cerkez Defence, to be indicated to the Prosecution at the time of disclosure;

  6. the testimony of the witness shall only be revealed to other witnesses in this case in closed session and only to the limited extent necessary to test their evidence;

  7. other than as may be necessary for the purposes of the judgement, there shall be no public disclosure of the fact that this witness has testified in this case;

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

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

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

  11. 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.

Richard May

Dated this thirteenth day of November 2000
At The Hague
The Netherlands

[Seal of the Tribunal]