IN THE TRIAL CHAMBER

Before:
Judge Richard May, presiding
Judge Mohamed Bennouna,
Judge Patrick Robinson

Registrar:
Dorothee de Sampayo Garrido-Nijgh

Order of:
2 August 2000

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDZIJA

________________________________________________________

ORDER

________________________________________________________

Office of the Prosecutor:

Mr. Dirk Ryneveld

Counsel for the Accused:

Mr. Veselin Londrovic, for Dusko Sikirica
Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dušan Vucicevic, for Dragan Kolundzija

 

I, MOHAMED BENNOUNA, Judge 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"),

HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an Order of the Trial Chamber dated 3 February 2000,

BEING SEISED of a "Prosecution’s Motion for Protective Measures" filed by the Office of the Prosecutor ("the Prosecution") on 12 July 2000 ("the Motion"),

NOTING that the Defence for Dusko Sikirica did not file a response to the Motion,

NOTING that the Prosecution in the Motion requests protective measures in respect of the accused Dusko Sikirica in relation to (1) twelve witnesses (witnesses Keraterm 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, and Witness AC) referred to in the "Extracts of Evidence" that accompanied the Indictment or the Amended Indictment when confirmation was sought, and (2) two witnesses, J and N, whose statements also formed part of the supporting material,

NOTING the existing Order granting protective measures in this case issued on 19 October 1999, as extended to both accused on 10 March 2000 ("the 19 October Order"),

NOTING the "Order on Prosecutor’s Motion for Protective Measures" issued on 11 May 2000 by the pre-trial Judge which granted protective measures to Witnesses J and N ("the 11 May Order"),

NOTING the "Order" issued on 29 June 2000 by the pre-trial Judge, in which protective measures were granted in relation to witnesses Keraterm 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, and Witness AC ("the 29 June Order"),

NOTING also the confidential "Order for Disclosure of Prosecution Witness Statements" issued by the pre-trial Judge on 11 May 2000, which granted protective measures to Witnesses A, AD, AE, K, N, V, W, X, Y, Z and Keraterm 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 17 ("the 11 May Order for Disclosure")

CONSIDERING that some of the protective measures requested in respect of the above-mentioned witnesses have been granted in the 11 May Order and in the 29 June Order and are currently in force in relation to the accused Damir Dosen and Dragan Kolundzija,

CONSIDERING that the specific reasons given in support of the Motion in respect of the witnesses are similar to those relied upon in support of the previous Prosecution’s Motions for protective measures granted in part in the 11 May Order and 29 June Order,

CONSIDERING that, in the absence of any showing to the contrary, the same protective measures should apply to all accused,

HAVING REVIEWED the proposed redactions submitted by the Prosecution,

PURSUANT TO Articles 20 and 22 of the Statute, and Rules 66 (A)(i), 66 (A)(ii), 69, 75 and 79 of the Rules of Procedure and Evidence

HEREBY EXTENDS the provisions of the 19 October 1999 Order, the 11 May Order, the 11 May Order for Disclosure, and the 29 June Order ("the Orders"), to the accused Dusko Sikirica, and

CONFIRMS that the Prosecution shall, not less than sixty days prior to the date set for the commencement of trial, disclose to the Defence for all accused the "Extract of Evidence" and the witness statements in relation to the above-mentioned witnesses, without redactions other than as to their current whereabouts, as provided in the Orders.

The Prosecution may apply for further protective orders measures as may be viewed appropriate in relation to the testimony of the above mentioned witnesses at trial in due course.

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

 

_____________________________
Mohamed Bennouna
Pre-trial Judge

Dated this second day of August 2000
At The Hague
The Netherlands

[Seal of the Tribunal]