IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Issued: 16 June 1998

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC ,Vladimir SANTIC, also known as "VLADO"

_____________________________________________________________

ORDER FOR THE PROTECTION OF VICTIMS AND WITNESSES

______________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

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

 

TRIAL CHAMBER II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 ("International Tribunal");

BEING SEISED OF the Prosecutor's Request For Further Protective Measures With Regard To 7 Witnesses filed on 29 May 1998 ("the Motion") and the Response To The Prosecutor's Request For Further Protective Measures With Regard To 7 Witnesses filed on 29 May 1998 filed on behalf of Vlatko Kupreskic on 12 June 1998,

NOTING the Decision on the Prosecution Motion to Delay Disclosure of Witness Statements of 21 May 1998,

CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") which requires the International Tribunal to provide for the protection of victims and witnesses, and NOTING that the seven witnesses for whom protective measures are being requested have such concerns for their own safety that they are currently being relocated,

CONSIDERING ALSO Article 21 of the Statute and Rule 69 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"), which safeguard the right of the accused to a fair trial, and in particular to have adequate time and facilities for the preparation of his defence,

CONSIDERING FURTHER the obligation imposed upon the Trial Chambers by Article 20 of the Statute to ensure that full respect for the rights of the accused are balanced with due regard for the protection of victims and witnesses,

NOTING in this context that the measures requested concern only seven of a potential 40 Prosecution witnesses, that a delay in disclosure to cover the period of relocation would still result in the disclosure of the seven witness statements 48 days before Trial, and CONSIDERING therefore that the measures requested do not prejudice the right of the accused to a fair trial but represent a correct balance of the interests of the accused with those of the victims and witnesses as required by Article 20 of the Statute,

 

PURSUANT TO Article 20 of the Statute, Article 22 of the Statute and Rule 75 of the Rules,

HEREBY GRANTS THE MOTION and ORDERS as follows:

  1. The statements of Prosecution witnesses A, B, C, D, E, F, and G, subject of the Motion, shall be disclosed to the Defence on 30 June 1998.

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

___________________

Antonio Cassese

Presiding Judge

Dated this sixteenth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]