IN THE TRIAL CHAMBER
Before: Judge Florence Ndepele Mwachande Mumba, Presiding
Judge Antonio Cassese
Judge Richard May
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 20 November 1998
PROSECUTOR
v.
DRAGOLJUB KUNARAC
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DECISION GRANTING PROTECTIVE MEASURES FOR WITNESS FWS-191
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The Office of the Prosecutor:
Mr. Franck Terrier
Ms. Peggy Kuo
Ms. Hildegard Uertz-Retzlaff
Counsel for the Accused:
Mr. Slavisa Prodanovic
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"),
NOTING the "Order On Prosecution Motion Requesting Protective Measures for Witnesses At Trial" issued by the Trial Chamber on 5 October 1998 ("the Protective Measures Order"),
NOTING ALSO the oral presentations made by the parties to the Trial Chamber in relation to witness FWS-191 in ex parte hearings on 11 November 1998, and
REMAINING SEISED of the request for protective measures in respect of witness FWS-191 in the confidential "Motion Requesting Protective Measures for Witnesses at Trial" together with the "Prosecutors Document of Witness Information" annexed thereto, filed by the Office of the Prosecutor ("the Prosecution") on 4 September 1998 ("the Request"),
CONSIDERING Articles 20, 21 and 22 of the Statute of the International Tribunal and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),
CONSIDERING that the relief requested by the Prosecution in the Motion is appropriate for the privacy and protection of the witness but is still consistent with the rights of the accused,
PURSUANT to Rules 69, 75 and 79,
HEREBY GRANTS the Request, and ORDERS as follows:
Any breach of this Order shall be dealt with in terms of Rule 77 of the Rules.
Done in both English and French, the English version being authoritative.
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Florence Ndepele Mwachande Mumba Presiding
Dated this twentieth day of November 1998
At The Hague
The Netherlands
[Seal of the Tribunal]