IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
5 May 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

__________________________________________________________

ORDER ON PROTECTIVE MEASURES SOUGHT FOR
CONFIDENTIAL DEFENCE WITNESSES

__________________________________________________________

The Office of the Prosecutor

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

Defence Counsel

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

 

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 Dario Kordic’s ex parte, in camera Motion for Protective Measures for Confidential Defence Witnesses A-E and Motion for an Order of Safe Passage as to Two of These Witnesses filed by the Defence for Dario Kordic (the Defence) on 30 March 2000 (the Motion) seeking certain protective measures and safe conduct in respect of the witness identified in the Motion,

NOTING that the Motion identifies five witnesses for whom they seek protective measures including giving testimony in closed session, and that the Defence not be required to disclose the identity of each of these witnesses outside of the members of the Trial Chamber until ten days before the witness is called to testify,

NOTING FURTHER that the Defence seeks safe passage for two witnesses identified in the Motion and that these requests will be dealt with in separate orders of the Chamber,

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

PURSUANT TO Rule 75 of the Rules,

HEREBY ORDERS, in respect of the protective measures sought by the Defence for the five witnesses, as follows:

  1. The Defence are to disclose to the parties the identity of each witness not less than ten days prior to the giving of testimony by the particular witness;

  2. a pseudonym given at the time each witness testifies shall be used whenever referring to them in proceedings before the International Tribunal and in discussions among parties to the trial;

  3. the testimony of the witnesses shall be heard in closed session;

  4. the names, addresses, whereabouts and other identifying information concerning the witnesses shall be sealed and not included in any of the public records of the International Tribunal;

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

  6. documents of the International Tribunal identifying the witnesses 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 witnesses while the witnesses are in the precincts of the International Tribunal.

Further Orders will be made regarding safe conduct in respect of the two witnesses identified in the Motion.

 

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

___________________________
Richard May
Presiding

Dated this fifth day of May 2000
At The Hague
The Netherlands

[Seal of the Tribunal]