IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
18 January 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

_____________________________________________________

ORDER FOR PROTECTIVE MEASURES

_____________________________________________________

The Office of the Prosecutor:

Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Turner T. Smith, Jr., Ms. Ksenija Turkovic, Mr. Robert A. Stein, Mr. Stephen M. Sayers, Mr. David F. Geneson, and Mr. Leo Andreis, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez

 

JUDGE RICHARD MAY and JUDGE MOHAMED BENNOUNA, members of Trial Chamber III 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"),

NOTING that the third member of the Trial Chamber, Judge Patrick Robinson, is required for urgent personal reasons to be absent from the seat of the International Tribunal for a period which is likely to be of short duration,

NOTING the Order of the remaining Judges of the Trial Chamber issued on 17 January 2000 stating that they are satisfied that it is in the interests of justice to continue the hearing of the case in the absence of Judge Robinson, pursuant to Rule 15 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

BEING SEISED of a confidential "Prosecutor’s Motion for Protective Measures" filed by the Office of the Prosecutor ("Prosecution") on 10 January 2000 ("the Request") seeking certain protective measures in respect of the witness identified in the Request, which witness is to be heard in the absence of Judge Robinson,

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 18 January 2000,

PURSUANT TO Rules 15 bis and 75 of the Rules,

AND WITH THE AGREEMENT OF THE PARTIES

HEREBY CONFIRMS THE ORDER as follows:

  1. the pseudonym AB shall be used whenever referring to the witness named in proceedings before the International Tribunal and in discussions among parties to the trial;

  2. the testimony of witness AB shall be given by means of facial distortion;

  3. the name, address, whereabouts and other identifying information concerning witness AB shall be sealed and not included in any of the public records of the International Tribunal;

  4. to the extent the name of, or other identifying data concerning, witness AB is contained in existing public documents of the International Tribunal, those names and other identifying data shall be expunged from those documents;

  5. documents of the International Tribunal identifying witness AB shall not be disclosed to the public or the media; and

  6. 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.

_____________________________
Richard May
Presiding Judge, Trial Chamber III

_____________________________
Mohamed Bennouna
Judge, Trial Chamber III

Dated this eighteenth day of January 2000
At The Hague
The Netherlands

[Seal of the Tribunal]