Case No. IT-95-13/1-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Christine Van Den Wyngaert
Judge Krister Thelin

Registrar:
Mr. Hans Holthuis

Decision of:
4 April 2006

PROSECUTOR

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN

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DECISION ON PROSECUTION’S ADDITIONAL MOTION FOR VARIATION OF PROTECTIVE MEASURES

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The Office of the Prosecutor:

Mr Marks Moore
Ms Marie Tuma
Mr William Smith
Ms Meritxell Regue
Mr Alexis Demirdjian

Mr Miroslav Vasic for Mile Mrksic
Mr Borivoje Borovic and Ms Mira Tapuskovic for Miroslav Radic
Mr Novak Lukic and Mr Momcilo Bulatovic for Veselin Sljivancanin

TRIAL CHAMBER II ("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 ("Tribunal");

BEING SEIZED OF the "Prosecution’s Additional Motion For Variation of Protective Measures", filed confidentially and ex parte in part on 17 March 2006, requesting that witness P018’s testimony be given under closed session ("Motion");

NOTING that Defence Counsel for Mile Mrksic, Miroslav Radic and Veselin Sljivancanin did not file a response;

NOTING that witness P018 has testified in other proceedings before the Tribunal with the protective measures of pseudonym, image and voice distortion, and that the Trial Chamber previously seized of this case, in its pre-trial stage, issued a decision on 9 March 2005, confirming, inter alia, pursuant to Rule 75(F)(i) of the Rules of Procedure and Evidence ("Rules"), that witness P018 would testify in the present case with the proposed pseudonym, and with image and voice distortion;¹

NOTING that, in the Motion, the Prosecution submits that despite the protective measures granted on 9 March 2005, and in light of recently obtained information on the security of the witness and of his or her family,² there remains a real risk to the witness and his or her family, justifying the augmentation of the protective measures to closed session;

NOTING that Rule 75 of the Rules provides that a Chamber may order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused, and that Rule 75(F)(i) provides that once such protective measures have been ordered, they shall continue to have effect mutatis mutandis in any other proceedings before the Tribunal, unless and until they are rescinded, varied or augmented in accordance to the procedure set out in Rules;

NOTING further that Rule 79 provides that a Chamber may order that the press and the public be excluded from all or part of the proceedings for reasons of inter alia "(ii) safety, security or non-disclosure of the identity of a victim or witness as provided in Rule 75";

CONSIDERING that, in view of the highly sensitive nature of the anticipated testimony and the current whereabouts of the witness’ family, the Chamber is of the opinion that a real risk would remain to the security of the witness and the family of the witness should the testimony be given publicly before this Tribunal, and that no less restrictive measure can adequately deal with the witness’ legitimate concerns since the content of the testimony is likely to lead to the witness’ identification;

CONSIDERING therefore that the Chamber is satisfied that the protective measure sought is appropriate for the protection of witness P018 and is consistent with the rights of the accused;

PURSUANT to Rules 54, 75 and 79 of the Rules,

GRANTS THE MOTION and ORDERS that witness P018 testify in closed session.

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

Dated this 4 April 2006
At The Hague
The Netherlands

________________________
Judge Kevin Parker
Presiding Judge