IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Antonio Cassese

Judge Florence Ndepele Mwachande Mumba

Registrar: Dorothee de Sampayo Garrido-Nijgh

Decision of: 13 May 1998

PROSECUTOR

v.

MILAN KOVACEVIC

_______________________________________________________________

DECISION ON PROSECUTION MOTION FOR PROTECTIVE MEASURES FOR WITNESS P

_______________________________________________________________

Office of the Prosecutor:

Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

 

THE TRIAL CHAMBER

NOTING the Motion For Protective Measures For Witness P filed by the Office of the Prosecutor ("Prosecution") on 4 May 1998 ("the Motion"), seeking protective measures pursuant to Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

NOTING that the Defence has no objection to the protective measures sought,

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

PURSUANT TO RULES 75 and 79 of the Rules

AND WITH THE AGREEMENT OF THE PARTIES

HEREBY GRANTS THE MOTION AND ORDERS as follows:

  1. the pseudonym P shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;
  2. the accused, the defence counsel and their representatives and agents who are acting pursuant to their instructions or requests shall not disclose the name of these witnesses or other identifying data concerning witness P to the public or to the media, except to the limited extent such disclosure to members of the public is necessary to investigate the witness adequately;
  3. any such disclosure shall be made in such a way as to minimise the risk of witness P’s names being divulged to the public at large or to the media, including instructing the members of the public to whom such disclosure is made that they may not disclose the information except where required to investigate the witness adequately and upon explicit prior approval of defence counsel;
  4. all hearings to consider the issue of protective measures for witness P shall be in closed session; edited records and transcripts of the sessions shall be released to the public and to the media after review by the Prosecution in consultation with the Victims and Witnesses Unit;
  5. the testimony of witness P shall be heard in closed session; edited records and transcripts of the sessions shall be released to the public and to the media after review by the Prosecution in consultation with the Victims and Witnesses Unit;
  6. the public and the media shall not photograph, video-record or sketch the protected witnesses while the witnesses are in the precincts of the International Tribunal;
  7. the name, address, whereabouts and other identifying information concerning witness P shall be sealed and not included in any of the public records of the International Tribunal;
  8. to the extent the name of, or other identifying data concerning, witness P is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents; and
  9. documents of the International Tribunal identifying witness P shall not be disclosed to the public or the media.

 

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

_________________________

Richard May

Presiding Judge

Dated this thirteenth day of May 1998

At the Hague

The Netherlands

[Seal of the Tribunal]