IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 22 January 1998

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Vladimir SANTIC, also known as "VLADO", Stipo ALILOVIC, also known as "BRKO", Drago JOSIPOVIC, Marinko KATAVA, Dragan PAPIC

___________________________________________________________

DECISION ON PROSECUTOR’S MOTION
FOR THE PROTECTION OF VICTIMS AND WITNESSES

___________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Michael Blaxill
Mr. Terree Bowers

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Slokovic Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina and Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Petar Pavkovic, for Vladimir Santic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic

 

THE TRIAL CHAMBER

CONSIDERING the Motion To Protect Victims And Witnesses filed by the Prosecutor on 14 October 1997 in which she requested that the Trial Chamber order protective measures for all the victims and witnesses who might be called to appear during the trial,

CONSIDERING the subsequent confidential motion of the Prosecutor filed on 31 October 1997 in which she requested further measures for the protection of victims and witnesses, together referred to as "the Motion",

NOTING the document submitted in response on behalf of one of the accused, Vladimir Santic,

FOR THE FOREGOING REASONS

PURSUANT to Article 22 of the Statute and to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION AND ORDERS:

  1. The Prosecutor, the accused, their counsel and their representatives shall not disclose to the public or to the media the identity, whereabouts or any other identifying information about the witnesses whose names appear on the attached witness list (filed under seal), except for reasons related to the preparation of their cases;
  2. The Prosecutor, the accused, their counsel and their representatives shall not disclose to the public or to the media the substance, in part or in whole, of the witness statements which the Prosecutor provides pursuant to discovery;
  3. The Prosecutor, the accused, their counsel and their representatives shall not disclose to the public or to the media the substance, in part or in whole, of the witness statements of the witnesses listed on the attached witness list which the Prosecutor provides pursuant to discovery, except for reasons related to the preparation of their cases;
  4. The Prosecutor and the Defence shall each maintain a log indicating the name, address and position of each person or entity which receives a copy of a witness statement, as well as the date of disclosure. If there is a perceived violation of the orders described herein, either the Prosecutor or the Defence shall notify the Trial Chamber which may either review the alleged violations or may refer the matter to a designee, such as the duty Judge. If the Trial Chamber refers the matter to a duty Judge, the duty Judge shall review the disclosure logs, make factual determinations, and report back to the Trial Chamber with a recommendation as to whatever action seems appropriate;
  5. The Prosecutor and the Defence shall instruct those persons who have received a copy of the statements not to reproduce them, under pain of sanction for contempt of the Tribunal, and to return the said documents as soon as they are no longer required;
  6. The Prosecutor and the Defence shall verify that those individuals who have received a copy of the statements comply strictly with their obligations not to reproduce them, and to return them as soon as they are no longer required.

For the purposes of this DECISION, the term "public" does not include those entities or persons who are assisting the accused, their counsel or the Prosecutor in the preparation of their cases.

 

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

_________________________

Antonio Cassese

Presiding Judge

Dated this twenty-second day of January 1998

At the Hague

The Netherlands

[Seal of the Tribunal]