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: 8 June 1998

 

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC

_________________________________________

DECISION GRANTING PROTECTIVE MEASURES FOR DEFENCE WITNESS

______________________________________

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 made by the Defence on 25 May 1998 pursuant to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"), seeking protective measures for one witness, referred to as Witness DD,

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

HAVING GRANTED the Motion orally on 25 May 1998, to be followed by written order,

PURSUANT TO RULES 75 and 79 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 person given the pseudonym DD shall not be disclosed to the public or to the media;
    2. the name, address, whereabouts and other identifying information concerning witness DD 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, witness DD 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 this witness shall not be disclosed to the public or the media;
    5. the testimony of witness DD shall be heard in closed session: however, edited recordings and transcripts of these sessions shall be released to the public and the media after review by the Defence and by the Victims and Witnesses Unit of the International Tribunal,
    6. the pseudonym DD shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;
    7. the accused, the defence counsel and their representatives who are acting pursuant to their instructions or requests shall not disclose the name of this witness or other identifying data concerning the witness 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; and
    8. any such disclosure shall be done in such a way as to minimise the risk of the witness’s name being divulged to the public at large or to the media.

 

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

 

____________________

Antonio Cassese

Presiding Judge

Dated this eighth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]