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 "Prosecutor’s Motion for protective measures for trial witnesses" filed by the Office of the Prosecutor ("Prosecution") on 8 April 1999 ("the Motion") and seeking protective measures, including the use of pseudonyms, for eight witnesses referred to in the Motion and identified to the Trial Chamber in an ex parte filing of 31 March 1999,

NOTING the oral confirmation at the pre-trial conference held on 29 April 1999 that the Defence have no objections to the relief sought,

NOTING the Order of Trial Chamber I while seised of this matter, issued on 17 February 1998, granting protective measures and limiting disclosure of the identity of witnesses and access to witness statements,

NOTING that the provisions of the Order of 17 February 1999 as to the non-disclosure of the identity of witnesses continue in full force and effect until such time as the witness testifies publicly before the Trial Chamber,

NOTING also the oral request by the Prosecution at the pre-trial conference for certain information concerning the witness designated as "witness I" to be kept confidential and for the identity of witness I not to be disclosed,

CONSIDERING that Article 21, paragraph 4, of the Statute of the International Tribunal guarantees the right of the accused to examine, or have examined, the witnesses against him,

CONSIDERING that, subject to the above consideration, the relief requested by the Prosecution in the Motion is appropriate for the privacy and protection of the witnesses but is still consistent with the rights of the accused,

PURSUANT TO RULES 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION AND ORDERS as follows:

1. the pseudonyms A, B, C, E, F, G, H and I shall be used whenever referring to these witnesses in proceedings before the International Tribunal and in discussions among parties to the trial;
2. witnesses A, B, C, E, F, G and H shall be permitted to testify using technical means to distort the facial image and, where requested by the witness, the voice broadcast to the public;
3. the Prosecution shall inform the Trial Chamber prior to the date on which witness I is due to testify as to whether witness I is willing to testify in open session with facial- or facial- and image- distortion or whether witness I seeks to give evidence in closed session;
4. the name, address, whereabouts and other identifying information concerning witnesses A, B, C, E, F, G, H and I shall be sealed and not included in any of the public records of the International Tribunal;
5. to the extent the name of, or other identifying data concerning, witnesses A, B, C, E, F, G, H and I is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;
6. documents of the International Tribunal identifying witnesses A, B, C, E, F, G, H and I shall not be disclosed to the public or the media; and
7. 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.
8.  

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

_______________________________

Patrick Robinson
Presiding

Dated this twenty-sixth day of May 1999
At The Hague
The Netherlands

[Seal of the Tribunal]