Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
22 December 2000







The Office of the Prosecutor:

Mr. Dirk Ryneveld
Mr. Daryl Mundis
Ms. Julia Baly

Counsel for the Accused:

Mr. Veselin Londrovic, for Dusko Sikirica
Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucicevic, for Dragan Kolundzija


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 "Prosecutor’s Second Motion for Protective Measures for Victims and Witnesses" filed by the Office of the Prosecutor ("Prosecution") on 10 November 2000 ("Second Motion") seeking certain protective measures in respect of 16 witnesses identified in the Second Motion (‘the Protected Witnesses"), including the assignment of pseudonyms, the use of voice and image distortion, and the use of closed session testimony for three of the witnesses,

HAVING HEARD the arguments of the parties in respect of the Second Motion at a status conference held on 22 November 2000,

CONSIDERING that no objection to the relief sought in the Second Motion was raised on behalf of any of the accused at the status conference of 22 November 2000,

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

HAVING GRANTED THE SECOND MOTION orally on 22 November 2000,

PURSUANT TO Rules 69 and 75 of the Rules of Procedure and Evidence of the International Tribunal,


  1. the pseudonyms listed in the Second Motion shall be used whenever referring to any of the Protected Witnesses in proceedings before the International Tribunal and in discussions among parties to the trial;
  2. the testimony of Witness Keraterm 36, Witness Keraterm 41 and Witness U shall be given in closed session;
  3. the testimony of the Protected Witnesses, other than Witness Keraterm 36, Witness Keraterm 41 and Witness U, shall be given by means of facial distortion;
  4. the names and other identifying data concerning the Protected Witnesses shall not be disclosed by the accused, the Defence, or their representatives and agents, to the public;
  5. the name, address, whereabouts and other identifying information concerning the Protected Witnesses shall be sealed and not included in any of the public records of the International Tribunal;
  6. subject to further order, the Prosecution is not required to disclose the current whereabouts of the Protected Witnesses to the Defence;
  7. to the extent that the Defence seeks such information in order to investigate whether the Protected Witnesses have criminal records in their current areas of residence, the Defence shall apply to the Trial Chamber for release of such information;
  8. any material disclosed to the Defence containing the names and other identifying data of the Protected Witnesses shall be returned to the Registry at the close of these proceedings;
  9. subject to further order, the "Extracts of Evidence" disclosed to the Defence shall not be disclosed to defence counsel or accused in other cases before the International Tribunal;
  10. the Defence shall keep a log of all disclosures of material containing the names and other identifying data of the Protected Witnesses, including details of to whom disclosed, when and for what purpose and this log shall be made available to the Trial Chamber upon request;
  11. the Defence, their representatives and agents may only contact a Protected Witness on reasonable prior written notice to the Prosecution, so that the Prosecution may make the necessary arrangements for such contact if the Protected Witness is willing to be interviewed by the Defence;
  12. all hearings to consider the issue of protective measures for the Protected Witnesses shall be held in closed session and transcripts of such proceedings shall be released to the public and to the media only on order of the Trial Chamber, after consultation with the Victims and Witnesses Section;
  13. to the extent the name of, or other identifying data concerning, the Protected Witnesses is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;
  14. documents of the International Tribunal identifying the Protected Witnesses shall not be disclosed to the public or the media; and
  15. the public and the media shall not photograph, video-record or sketch a Protected Witness while such witness is in the precincts of the International Tribunal.

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

Richard May

Dated this twenty-second day of December 2000
At The Hague
The Netherlands

[Seal of the Tribunal]