IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
2 December 1999

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

_________________________________________________

ORDER FOR PROTECTIVE MEASURES

_________________________________________________

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., and Ms. Ksenija Turkovic, 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 a Request for particular protective measures filed by the Office of the Prosecutor ("Prosecution") on 30 November 1999 ("the Request") seeking certain protective measures in respect of two witnesses identified in the Request,

HAVING HEARD the arguments of the parties in respect of the witnesses on 1 December 1999,

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

HAVING GRANTED THE REQUEST orally on 1 December 1999,

PURSUANT TO Rule 75 of the Rules,

HEREBY CONFIRMS THE ORDERS in respect of the first named witness and second named witness as referred to respectively in the Request, as follows:

  1. the pseudonyms W and X shall be used whenever referring to the witnesses named in proceedings before the International Tribunal and in discussions among parties to the trial;
  2. the testimony of witnesses W and X shall be given by means of facial distortion;
  3. the names, addresses, whereabouts and other identifying information concerning witnesses W and X shall be sealed and not included in any of the public records of the International Tribunal;
  4. to the extent the names of, or other identifying data concerning, witnesses W and X are 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 witnesses W and X 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 witnesses while the witnesses are in the precincts of the International Tribunal.

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

___________________________
Richard May
Presiding

Dated this second day of December 1999
At The Hague
The Netherlands

[Seal of the Tribunal]