IN THE TRIAL CHAMBER

Before:

Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan

Registrar:

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:

29 May 1998

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

___________________________________

ORDER ON THE MOTION FOR PROTECTIVE MEASURES FOR THE WITNESS DESIGNATED BY THE PSEUDONYM DA.1

___________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Ms. Teresa McHenry
Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo

 

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 ("International Tribunal");

BEING SEISED of a motion filed on 27 May 1998 by the Defence for Zejnil Delalic ("Defence") seeking protective measures for the witness designated by the pseudonym "DA.1" (Official Record at Registry Page D6356 - D6360) ("Motion");

CONSIDERING that the Office of the Prosecutor ("Prosecution") while speaking to the Motion on 28 May 1998 declared that it defers to the Trial Chamber on this matter;

CONSIDERING that the Trial Chamber may grant the measures sought pursuant to Article 22 of the Statute of the International Tribunal and Rule 75 of the International Tribunal’s Rules of Procedure and Evidence;

FOR THE FORGOING REASONS, PURSUANT TO RULE 75;

HEREBY ORDERS THE FOLLOWING:

(1) the name, address, whereabouts and other identifying information concerning the person designated the pseudonym "DA.1" shall not be disclosed to the public or to the media;

(2) the name, address, whereabouts of, or other identifying information concerning the status of witness "DA.1" shall be sealed and not included in any of the public documents of the International Tribunal;

(3) to the extent the name, address, whereabouts of, or other identifying information concerning the status of witness "DA.1" as a witness are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents;

(4) documents of the International Tribunal identifying witness "DA.1" shall not be disclosed to the public or to the media;

(5) the pseudonym "DA.1" shall be used whenever this witness is referred to in his capacity as a witness in the present proceedings before this Trial Chamber and in discussions among parties to the trial;

(6) testimony of witness "DA.1" may be given using image and voice altering devices to the extent necessary to prevent her identity from becoming known to the public or the media;

(7) the Trial Chamber may determine that any part of the testimony of witness "DA.1" including evidence relating to his identity, should be heard in private session(s);

(8) if pursuant to a determination of the Trial Chamber, any part of the testimony of witness "DA.1" is heard in private session(s), edited recordings and transcripts of the private session(s) shall be released to the public and the media after review by the Defence and the Victims and Witnesses Unit to ensure that no information leading to the possible identification of the witness is disclosed;

(9) the co-accused, the defence Counsel and the Prosecution and their respective representatives who are acting pursuant to their instructions or request, shall not disclose the name of witness "DA.1", or other identifying data concerning witness "DA.1", to the public or to the media, except to the limited extent such disclosure to members of the public is necessary to investigate the witness adequately. Any such disclosure shall be made in such a way as to minimise the risk of the witness’s name being divulged to the public at large or to the media;

(10) the co-accused, the Defence Counsel, the Prosecution and their respective representatives who are acting pursuant to their instruction or request, shall notify Counsel for Delalic of any requested contact with witness "DA.1" or the relatives of Witness "DA.1" and Counsel for Delalic shall make arrangements for such contacts as may be determined necessary;

(11) the public and the media shall not photograph, video-record or sketch witness "DA.1" while she is in the precincts of the International Tribunal.

 

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

_____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this twenty-ninth day of May 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]