IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
22 December 2000
PROSECUTOR
v.
DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDZIJA
_____________________________________________
ORDER FOR PROTECTIVE MEASURES
_____________________________________________
The Office of the Prosecutor:
Mr. Dirk Ryneveld
Mr. Daryl Mundis
Ms. Julia Baly
Counsel for the Accused:
Mr. Veselin Londrovic, for Dusko Sikirica
Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucicevic, for Dragan Kolundzija
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 confidential "Prosecutors Second
Motion for Protective Measures for Victims and Witnesses" filed by the Office of the
Prosecutor ("Prosecution") on 10 November 2000 ("Second Motion")
seeking certain protective measures in respect of 16 witnesses identified in the Second
Motion (the Protected Witnesses"), including the assignment of pseudonyms, the
use of voice and image distortion, and the use of closed session testimony for three of
the witnesses,
HAVING HEARD the arguments of the parties in respect of the Second
Motion at a status conference held on 22 November 2000,
CONSIDERING that no objection to the relief sought in the Second
Motion was raised on behalf of any of the accused at the status conference of 22 November
2000,
CONSIDERING that the relief requested by the Prosecution is
appropriate for the privacy and protection of the witnesses but is still consistent with
the rights of the accused,
HAVING GRANTED THE SECOND MOTION orally on 22 November 2000,
PURSUANT TO Rules 69 and 75 of the Rules of Procedure and Evidence
of the International Tribunal,
HEREBY CONFIRMS ITS ORDER GRANTING THE SECOND MOTION AND ORDERS as
follows:
- the pseudonyms listed in the Second Motion shall be used whenever referring to any of
the Protected Witnesses in proceedings before the International Tribunal and in
discussions among parties to the trial;
- the testimony of Witness Keraterm 36, Witness Keraterm 41 and Witness U shall be given
in closed session;
- the testimony of the Protected Witnesses, other than Witness Keraterm 36, Witness
Keraterm 41 and Witness U, shall be given by means of facial distortion;
- the names and other identifying data concerning the Protected Witnesses shall not be
disclosed by the accused, the Defence, or their representatives and agents, to the public;
- the name, address, whereabouts and other identifying information concerning the
Protected Witnesses shall be sealed and not included in any of the public records of the
International Tribunal;
- subject to further order, the Prosecution is not required to disclose the current
whereabouts of the Protected Witnesses to the Defence;
- to the extent that the Defence seeks such information in order to investigate whether
the Protected Witnesses have criminal records in their current areas of residence, the
Defence shall apply to the Trial Chamber for release of such information;
- any material disclosed to the Defence containing the names and other identifying data of
the Protected Witnesses shall be returned to the Registry at the close of these
proceedings;
- subject to further order, the "Extracts of Evidence" disclosed to the Defence
shall not be disclosed to defence counsel or accused in other cases before the
International Tribunal;
- the Defence shall keep a log of all disclosures of material containing the names and
other identifying data of the Protected Witnesses, including details of to whom disclosed,
when and for what purpose and this log shall be made available to the Trial Chamber upon
request;
- the Defence, their representatives and agents may only contact a Protected Witness on
reasonable prior written notice to the Prosecution, so that the Prosecution may make the
necessary arrangements for such contact if the Protected Witness is willing to be
interviewed by the Defence;
- all hearings to consider the issue of protective measures for the Protected Witnesses
shall be held in closed session and transcripts of such proceedings shall be released to
the public and to the media only on order of the Trial Chamber, after consultation with
the Victims and Witnesses Section;
- to the extent the name of, or other identifying data concerning, the Protected Witnesses
is contained in existing public documents of the International Tribunal, that name and
other identifying data shall be expunged from those documents;
- documents of the International Tribunal identifying the Protected Witnesses shall not be
disclosed to the public or the media; and
- the public and the media shall not photograph, video-record or sketch a Protected
Witness while such witness is in the precincts of the International Tribunal.
Done in both English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this twenty-second day of December 2000
At The Hague
The Netherlands
[Seal of the Tribunal]