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:
19 March 2003

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON CONFIDENTIAL WITH AN EX PARTE ANNEXURE PROSECUTIONíS MOTION FOR VIDEO-CONFERENCE LINK AND PROTECTIVE MEASURES FOR WITNESS 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 a Confidential with an ex parte Annexure Prosecutionís Motion for Video-conference Link and Protective Measures for Witness Named Herein ("Motion"), filed by the Office of the Prosecutor ("Prosecution") on 13 March 2003, seeking permission to call a witness via video-conference and under protective measures,

NOTING that the security reasons which prevent the witness from obtaining his/her passport, constitute exceptional circumstances, since security concerns can usually be met by protective measures,

CONSIDERING that the protective measures sought in respect of the witness 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 witness via video-conference link,

PURSUANT TO Rules 69, 71bis and 75 of the Rules of Procedure and Evidence,

HEREBY GRANTS the Motion and ORDERS as follows:

  1. The testimony of the witness shall be given by means of facial distortion, voice distortion and continued use of pseudonym via video-conference link;1
  2. The public and the media may not photograph, video-record or sketch the protected witness while they are on the premises of the International Tribunal;
  3. All hearings to consider the issue of protective measures for the protected witness 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;
  4. All material pertaining to the protected witness shall be returned to the Registry following the close of this proceeding;
  5. All provisions of this Decision shall apply equally to the amici curiae;
  6. The name and other identifying data of the protected witness, including his or her whereabouts, shall not be disclosed to the public;
  7. The name, address, whereabouts of and identifying data concerning the protected witness shall be sealed and not included in any public records of the International Tribunal;
  8. To the extent that the name, address, whereabouts or other identifying data concerning the protected witness are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents; and
  9. Documents of the International Tribunal identifying the protected witness 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 nineteenth day of March 2003

At The Hague
The Netherlands

[Seal of the Tribunal]

 

align1 - Witness B-104, as provided to the Chamber by the Prosecution on 17 March 2003.