Case No.: IT-02-54-T


Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar: Mr. Hans Holthuis

Decision of: 10 September 2003







The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Hildegard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Mr. 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 ("International Tribunal"),

BEING SEISED of a confidential and ex parte "Prosecution Motion for Variance of Protective Measures for Witness C007", filed by the Office of the Prosecutor ("Prosecution") on 08 September 2003 ("Motion"),

NOTING that the protective measures ordered in the Dokmanovic case with respect to Witness C-007, referenced in the Motion, continue to have effect in the present case by operation of Rule 75(F)(i) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

NOTING that no Trial Chamber remains seized of the first proceeding, within the meaning of Rule 75(G)(i) of the Rules,

HAVING directed the Prosecution orally on 11 July 2003 to make a separate application with respect to Witnesses C-007, if necessary,

CONSIDERING that the variations, as set out in the Motion, and other protective measures are appropriate and should be granted,

CONSIDERING that the protective measures granted to Witness C-007 in the Dokmanovic case have the effect of, inter alia, preventing the Trial Chamber from publicly admitting into evidence in the present case the transcript of Witness C-007’s prior testimony and related exhibits,

PURSUANT TO Rule 75 of the Rules,

HEREBY ORDERS the following:

  1. The protective measures ordered in respect of Witness C-007 in the proceedings in the Dokmanovic case on 06 February 1998 are VARIED to allow in the present case the following:
    1. the testimony of Witness C-007 shall be given in open session with the use of the pseudonym and image- and voice-distortion;
    2. (i) public reference to the fact that C-007 was a witness in the Dokmanovic case,
      (ii) public admission of and reference to closed session transcripts, redacted where necessary, of trial testimony in the Dokmanovic case, and
      (iii) public admission of and reference to exhibits tendered or used in the course of trial testimony in the Dokmanovic case; and
    3. (i) reference to and use of the pseudonym in the Dokmanovic case in the course of testimony given by C-007 or other witnesses in the present case,
      (ii) reference to and use of the pseudonyms in the Dokmanovic case in exhibits admitted or used in public by this or other witnesses in the current case, and
      (iii) reference to and use of the pseudonyms in the Dokmanovic case otherwise in the proceedings before the International Tribunal or in discussion between the parties, the amici curiae, and the legal associates of the accused.

  2. Should it become necessary during the course of the testimony to give information that may tend to identify the whereabouts or identity of Witness C-007 or that of his or her family, a private session shall be granted for that part of his or her testimony pursuant to Rule 79.
  3. All hearings to consider the issue of protective measures for Witness C-007 shall be held in private 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. The name, address, whereabouts of and identifying data concerning Witness C-007 shall be sealed and not included in any of the public records of the International Tribunal.
  5. To the extent that the name, address, whereabouts or other identifying data concerning Witness C-007 are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents.
  6. Documents of the International Tribunal identifying Witness C-007 shall not be disclosed to the public or the media.
  7. The public and the media may not photograph, video-record or sketch Witness C-007 while on the premises of the International Tribunal.
  8. All material pertaining to Witness C-007 shall be returned to the Registry following the close of this proceeding.
  9. All provisions of this Decision shall apply equally to the amici curiae and the legal associates of the accused.

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

Dated this 10th day of September 2003
At The Hague
The Netherlands

[Seal of the Tribunal]