IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
08 June 1999

 

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC

___________________________________________________________

ORDER FOR DISCLOSURE AND PROTECTIVE MEASURES

____________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Kapila Waidyaratne
Mr. Michael Keegan

Counsel for the Accused:

Mr. Krstan Simic, for Miroslav Kvocka
Mr. Zarko Nikolic, for Milojica Kos
Mr. Toma Fila, for Mladjo Radic
Mr. Simo Tosic, for Zoran Zigic

 

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"),

HAVING HEARD the parties at a pre-trial conference on 3 June 1999, inter alia, as to the status of disclosure of witness statements,

NOTING that the witness statements disclosed to the Defence do not identity the witness but refer to them by number,

NOTING that the Office of the Prosecutor ("Prosecution") has available a list of names of witnesses indicating the number assigned to the relevant statement,

NOTING the Order on the Prosecutor’s motions to protect victims and witnesses issued by the Trial Chamber on 11 December 1999 ("the Order for Protective Measures"),

CONSIDERING that certain witnesses are already the subject of protective orders in other cases before the International Tribunal,

PURSUANT TO Rules 54 and 66 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY ORDERS AS FOLLOWS:

  1. the Prosecution shall disclose the list of names of witnesses to the Defence immediately, subject to the provisions of the Order for Protective Measures, which continues in full force and effect;
  2. subject to further order, the Prosecution may assign a pseudonym to those witnesses for whom protective orders are already in place pending confirmation from each individual witness as to whether protection is also sought in this case;
  3. the Prosecution shall file applications for protective measures in respect of these witnesses, if any, by Thursday 1 July 1999; and
  4. the Defence shall file their responses to such applications for protective measures, if any, Thursday 15 July 1999.

 

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

____________________________
Richard May
Presiding

Dated this eighth day of June 1999
At The Hague
The Netherlands

[Seal of the Tribunal]