IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
30 September 1999

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

___________________________________________

ORDER FOR PROTECTIVE MEASURES
IN THE MATTER OF CONTEMPT ALLEGATIONS
AGAINST AN ACCUSED AND HIS COUNSEL

___________________________________________

Mr. Peter Haynes, for Mr. Branislav Avramovic and Milan Simic

Concerned Parties

Mr. Dirk Ryneveld, Ms. Nancy Patterson, Ms. Suzanne Hayden and Mr. Dan Saxon, for the Office of the Prosecutor
Messrs. Igor Pantelic and Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Messrs. Borislav Pisarevic and Aleksander Lazarevic, for Simo Zaric

 

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 Request filed by the Office of the Prosecutor ("Prosecution") on 28 September 1999 ("the Request") seeking certain protective measures in respect of the witness identified in the Request,

HAVING HEARD the arguments of the parties in closed session on 29 September 1999,

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

HAVING GRANTED THE REQUEST orally on 29 September 1999,

PURSUANT TO Rule 75 of the Rules,

HEREBY CONFIRMS THE ORDERS as follows:

  1. the pseudonym "Agnes" shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;
  2. the testimony of witness "Agnes" shall be heard in closed session; edited records and transcripts of the sessions shall be released to the public and to the media after review by the Prosecution in consultation with the Victims and Witnesses Unit;
  3. the testimony of witness "Agnes" shall be given using screens and other technical means to ensure that the identity of witness "Agnes" is not disclosed to the concerned parties and their counsel;
  4. the name, address, whereabouts and other identifying information concerning witness "Agnes" 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, witness "Agnes" 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 witness "Agnes" 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 witness while the witness is in the precincts of the International Tribunal.

 

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

________________________________
Patrick Robinson
Presiding

Dated this thirtieth day of September 1999
At The Hague
The Netherlands

[Seal of the Tribunal]