IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 9 July 1998

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

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ORDER FOR THE PROTECTION OF VICTIMS AND WITNESSES

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The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

 TRIAL CHAMBER II 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 Prosecutor's Request For Additional Time To Disclose The Statement Of One Witness filed ex parte and under seal on 7 July 1998 ("the Motion"),

NOTING the Order For The Protection Of Victims And Witnesses of 16 June 1998 which ordered that the statements of seven witnesses who were in the process of being relocated be disclosed to the Defence on 30 June 1998,

NOTING that the witness subject of the Motion has not yet been satisfactorily relocated and that this is the reason for the Prosecutor’s request for additional time,

CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") which requires the International Tribunal to provide for the protection of victims and witnesses,

CONSIDERING ALSO Article 21 of the Statute and Rule 69 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"), which safeguard the right of the accused to a fair trial, and in particular to have adequate time and facilities for the preparation of his defence,

CONSIDERING FURTHER the obligation imposed upon the Trial Chambers by Article 20 of the Statute to ensure that full respect for the rights of the accused are balanced with due regard for the protection of victims and witnesses,

NOTING in this context that the measures requested concern only one witness and that all the remaining witness statements have been disclosed to the Defence, and CONSIDERING therefore that the measure requested does not prejudice the right of the accused to a fair trial but represents a correct balance of the interests of the accused with those of the victims and witnesses as required by Article 20 of the Statute,

PURSUANT TO Article 20 of the Statute, Article 22 of the Statute and Rule 75 of the Rules,

HEREBY GRANTS THE MOTION and ORDERS as follows:

  1. The statement of the Prosecution witness subject of the Motion ("Witness H") shall be filed with the Registry on 10 August 1998 for service on the Defence and on the Trial Chamber.

 

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

___________________

Antonio Cassese

Presiding Judge

Dated this ninth day of July 1998

At The Hague

The Netherlands

[Seal of the Tribunal]