IN THE TRIAL CHAMBER
Before:
Judge Almiro Simões Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar
Decision of:
4 February 2000
THE PROSECUTOR
v.
MLADEN NALETILIC
VINKO MARTINOVIC
DECISION ON PROSECUTION MOTION FOR ADDITIONAL PROTECTIVE MEASURES
The Office of the Prosecutor:
Mr. Franck Terrier
Defence Counsel:
Mr. Branko Seric
TRIAL CHAMBER I 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;
BEING SEIZED of the Prosecutors "Motion for Additional Protective Measures" filed on 21 January 2000 "the motion" and the Defendants "Reply to the Prosecutors Motion for Additional Protective Measures" filed on 27 January 2000;
HAVING HEARD the parties at a pre-trial conference on 3 February 2000, inter alia, as to the status of disclosure of witness statements;
CONSIDERING the Prosecutors assertion that several of her witnesses are worried about the safety of their families and themselves; that such concerns are justified in light of the seizure by the United Nations Stabilization Force in Mostar of documents revealing the existence of an intelligence network conducting surveillance of the ICTY and its activities;
CONSIDERING that there is no evidence suggesting that Mr. Vinko Martinovic ("the accused"), or those acting on his behalf, has violated the current protective orders which continues in full force and effect, made improper contacts with witnesses, or been involved in the Mostar-based intelligence ring;
CONSIDERING that the Defence does not oppose the proposed protective measures but asks that reciprocal measures be taken and the Prosecutors Office be equally restricted in their contacts with the defence witnesses;
NOTING article 20 of the Statute and Rules 54 and 75 of the Rules of Procedure and Evidence;
HEREBY ORDERS that:
The accused, his defense counsel, and their representatives who are acting pursuant to their instructions or requests, shall contact Prosecutor witness or potential witness, or any person identified in material disclosed to the accused, his defense counsel, and their representatives acting pursuant to their instructions or requests only on reasonable prior written notice to the Prosecutor; if a witness so requests, the Prosecution may be present at any meetings between that witness and the Defense; and
The Prosecutor shall contact a witness or a potential witness identified to them by the Defence, or a person identified in material disclosed by the accused, his defense counsel, and their representatives acting pursuant to their instructions or requests only on reasonable prior written notice to the Defence; if a witness so requests, the Defence may be present at any meetings between that witness and the Prosecution.
STATES that any breach of this decision shall be dealt with in terms of Rule 77 of the Rules.
Done in English and French, the English text being authoritative.
___________
Almiro Rodrigues
Presiding Judge
Dated this fourth day of February 2000,
At The Hague
The Netherlands.
[Seal of the Tribunal]