Order on the Motions for Protective Measures for the Witnesses Designated DA.4 and DB.4

IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 29 June 1998

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_____________________________________

ORDER ON THE MOTIONS FOR PROTECTIVE MEASURES
FOR THE WITNESSES DESIGNATED DA.4 AND DB.4

_____________________________________

The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo

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");

BEING SEISED of a confidential "Motion for Protective Measures for Witness "DA.4"" filed on 12 June 1998 (Official Record at Registry Page ("RP") D6619-D6625) and a confidential "Motion for Protective Measures for Witness "DB.4"" filed on 12 June 1998 (RP D6612-D6618), by the accused Esad Landzo ("Motions");

CONSIDERING the oral submission of Counsel for Mr. Landzo while speaking to the Motions on 23 June 1998;

FURTHER CONSIDERING that the Trial Chamber may grant the measures sought pursuant to Article 22 of the Statute of the International Tribunal and Rule 75 of the International Tribunal’s Rules of Procedure and Evidence;

FOR THE FORGOING REASONS, PURSUANT TO RULE 75;

HEREBY ORDERS THE FOLLOWING:

(1) the names, addresses, whereabouts and other identifying information concerning the witnesses designated with the pseudonyms "DA.4 and DB.4" shall not be disclosed to the public or to the media;

(2) the names, addresses, whereabouts of, or other identifying information concerning the status of witnesses "DA.4 and DB.4" shall be sealed and not included in any of the public documents of the International Tribunal;

(3) to the extent the names, addresses, whereabouts of, or other identifying information concerning the status of witnesses "DA.4 and DB.4" are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents;

(4) documents of the International Tribunal identifying witnesses "DA.4 and DB.4" shall not be disclosed to the public or to the media;

(5) the pseudonyms "DA.4 and DB.4" shall be used whenever these witnesses are referred to in their capacity as witnesses in the present proceedings before this Trial Chamber and in discussions among parties to the trial;

(6) testimony of witnesses "DA.4 and DB.4" may be given using image and voice altering devices to the extent necessary to prevent their identity from becoming known to the public or the media;

(7) the Trial Chamber may determine that any part of the testimony of witnesses "DA.4 and DB.4" including evidence relating to their identity, should be heard in private session(s);

(8) if pursuant to a determination of the Trial Chamber, any part of the testimony of witnesses "DA.4 and DB.4" is heard in private session(s), edited recordings and transcripts of the private session(s) shall be released to the public and the media after review by the Defence and the Victims and Witnesses Unit to ensure that no information leading to the possible identification of the witnesses is disclosed;

(9) the co-accused, the Defence Counsel and the Office of the Prosecutor ("Prosecution") and their respective representatives who are acting pursuant to their instruction or request, shall not disclose the names of witnesses "DA.4 and DB.4", or other identifying data concerning witnesses "DA.4 and DB.4", to the public or to the media, except to the limited extent that such disclosure to members of the public is necessary to investigate the witnesses adequately. Any such disclosure shall be made in such a way as to minimise the risk of the witnesses’ names being divulged to the public at large or to the media;

(10) the co-accused, the Defence Counsel, the Prosecution and their respective representatives who are acting pursuant to their instruction or request, shall notify Counsel for Esad Landzo of any requested contact with witnesses "DA.4 and DB.4", or the relatives of witnesses "DA.4 and DB.4", and Counsel for Esad Landzo shall make arrangements for such contacts as may be determined necessary;

(11) the public and the media shall not photograph, video-record or sketch witnesses "DA.4 and DB.4", while they are in the precincts of the International Tribunal.

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

_____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this twenty-ninth day of June 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]