IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 13 May 1998

 

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC

 

______________________________________________

DECISION ON THE DEFENCE MOTION FOR PROTECTIVE MEASURES
FOR DEFENCE WITNESSES

______________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Stefan Wäspi
Mr. Clint Williamson
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic

 

THE TRIAL CHAMBER

NOTING the oral Motion for the grant of protective measures for defence witnesses made by the Defence on 28 April 1998 pursuant to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"), enabling two defence witnesses, referred to as Witness DA and Witness DB, to give their evidence in open session but using pseudonyms to protect their true identity,

NOTING that the Office of the Prosecutor ("Prosecution") has no objection to the protective measures sought,

HAVING GRANTED the Motion orally on 28 April 1998, to be followed by written order,

PURSUANT TO RULE 75 of the Rules

AND WITH THE AGREEMENT OF THE PARTIES

HEREBY GRANTS THE MOTION AND ORDERS as follows:

    1. the name, address, whereabouts and other identifying data concerning the persons given the pseudonyms DA and DB shall not be disclosed to the public or to the media;
    2. the name, address, whereabouts and other identifying information concerning witnesses DA and DB shall be sealed and not included in any of the public records of the International Tribunal;
    3. to the extent the name of, or other identifying data concerning, witnesses DA and DB is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;
    4. documents of the International Tribunal identifying these witnesses shall not be disclosed to the public or the media;
    5. the pseudonyms DA and DB shall be used whenever referring to these witnesses in proceedings before the International Tribunal and in discussions among parties to the trial;
    6. the accused, the defence counsel and their representatives who are acting pursuant to their instructions or requests shall not disclose the name of these witnesses or other identifying data concerning these witnesses to the public or to the media, except to the limited extent such disclosure to members of the public is necessary to investigate the witness adequately;
    7. any such disclosure shall be done in such a way as to minimise the risk of the witnesses’ names being divulged to the public at large or to the media;
    8. 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.

 

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

____________________

Antonio Cassese

Presiding Judge 

Dated this thirteenth day of May 1998

At The Hague

The Netherlands

[Seal of the Tribunal]