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: 25 June 1998

 

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC

_________________________________________

DECISION GRANTING PROTECTIVE MEASURES FOR 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 made by the Office of the Prosecutor ("Prosecution") on 17 June 1998 pursuant to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"), seeking protective measures for two witnesses, referred to as Witness R and Witness S,

NOTING that the Defence has no objection to the protective measures sought,

HAVING GRANTED the Motion orally, 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 persons given the pseudonyms R and S shall not be disclosed to the public or to the media;
    2. the name, address, whereabouts and other identifying information concerning witnesses R and S 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 R and S 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 R and S 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 the 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 witnesses adequately;
    7. any such disclosure shall be done in such a way as to minimise the risk of the names of the witnesses being divulged to the public at large or to the media;
    8. the testimony of witness S 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 Prosecution and by the Victims and Witnesses Unit of the International Tribunal; and
    9. 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 twenty-fifth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]