Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding

Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
11 March 2003

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTION FOR TRIAL RELATED PROTECTIVE MEASURES FOR WITNESSí NAMED HEREIN

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack

 

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 ("the International Tribunal"),

BEING SEISED of an ex parte and confidential Prosecutioní Motion for Trial Related Protective Measures for Witnessí Named Herein ("Motion"), filed by the Office of the Prosecutor ("Prosecution") on 5 March 2003, seeking permission to call witnesses under protective measures,

CONSIDERING that the protective measures sought in respect of the three witnesses to be called are reasonable and should be granted,

CONSIDERING that the Trial Chamber is satisfied that it is in the interests of justice to permit the Prosecution to call the witnesses designated as B097, B1738, and B1483,

PURSUANT TO Rule 75 of the Rules of Procedure and Evidence,

HEREBY ORDERS as follows:

  1. The testimony of witness B097 shall be given by means of facial distortion and pseudonym;
  2. The testimony of witness B1738 shall be given by means of facial and voice distortion and pseudonym;
  3. The testimony of witness B1483 shall be given by means of facial distortion and pseudonym;
  4. The Prosecution may redact the current whereabouts of the Protected Witnesses from all material disclosed to the accused and to the amici curiae,
  5. The public and the media may not photograph, video-record or sketch the Protected Witnesses while they are on the premises of the International Tribunal;
  6. All hearings to consider the issue of protective measures for the Protected Witnesses shall be held in closed session and only released to the public and to the media after review by the Prosecution, in consultation with the Victims and Witnesses Section;
  7. All material pertaining to the Protected Witnesses shall be returned to the Registry following the close of this proceeding;
  8. All provisions of this Decision shall apply equally to the amici curiae;
  9. The name and other identifying data of the Protected Witnesses, including their whereabouts, shall not be disclosed to the public;
  10. The name, address, whereabouts of and identifying data concerning the Protected Witnesses shall be sealed and not included in any public records of the International Tribunal;
  11. To the extent that the name, address, whereabouts or other identifying data concerning the Protected Witnesses are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents; and
  12. Documents of the International Tribunal identifying the Protected Witnesses shall not be disclosed to the public or the media.

For the purpose of this decision, "the public" means and includes all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal, the staff of the Registry, the Prosecutor, and the accused and the amici curiae. "The public" also includes, without limitation, families, friends, and associates of the accused; the accused and defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.

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

___________________________
Richard May
Presiding

Dated this eleventh day of March 2003
At The Hague
The Netherlands

[Seal of the Tribunal]