Case No.: IT-95-8/1-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
13 December 2001

PROSECUTOR

v.

NENAD BANOVIC
PREDRAG BANOVIC

___________________________________________

ORDER FOR PROTECTIVE MEASURES

___________________________________________

Office of the Prosecutor:

Ms. Susan Somers
Mr. Nicholas Koumjian

Counsel for the Accused:

Mr. Veselin Londrovic, for Nenad Banovic
Mr. Jovan Babic, for Predrag Banovic

 

I, PATRICK ROBINSON, 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 10 December 2001,

BEING SEISED of a "Motion to Maintain Redactions to Supporting Material" filed by the Office of the Prosecutor ("Prosecution") on 30 November 2001 ("the Motion"), seeking permission to redact certain names and personal information from the supporting material that accompanied the Indictment at confirmation and also seeking various protective measures in relation to the disclosure of witness statements,

NOTING that no objection to the relief sought has been raised by the defence for either accused,

CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute"), and Rules 69 and 75 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") concerning the protection of victims and witnesses,

CONSIDERING that the redactions proposed by the Prosecution to the supporting material are intended to protect the identity and whereabouts of potential witnesses until a date closer to commencement of trial and do not go beyond this,

CONSIDERING the rights of the accused as set forth in Article 21 of the Statute, and, in particular, the right of each accused to have adequate time and facilities for the preparation of his defence,

CONSIDERING that the Defence may commence the preparation of their cases and will be in a position to further investigate the statements of these witnesses at a reasonable time prior to the commencement of trial,

CONSIDERING the Orders for Protective Measures issued by the Trial Chamber in connection with previous proceedings against other accused charged in the same Indictment on 19 October 1999, 10 March 2000, 11 May 2000, 29 June 2000 and 10 July 2000,

CONSIDERING, however, that the Order of 29 June 2000 authorising redaction of the names of the witnesses known as Keraterm 25, 26 and 27 from the Extracts of Evidence was granted subject to contact being made with such witnesses to confirm that protective measures were required,

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

HEREBY GRANT the Motion and ORDER as follows:

  1. within the time-limit prescribed by Rule 66 (A)(i), the Prosecution shall disclose to the Defence for each accused the redacted statements of Witnesses J and N that accompanied the Indictment or the Amended Indictment when confirmation was sought;
  2. within the time-limit prescribed by Rule 66 (A)(i), the Prosecution shall disclose to the Defence for each accused the Extracts of Evidence redacted to remove names and identifying information relating to Witnesses X, Y and AC and Witnesses Keraterm 4, 6, 7, 10, 11, 12, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28;
  3. the Prosecution shall notify the pre-trial Judge at the next status conference of the outcome of its attempts to contact Witnesses Keraterm 25, 26 and 27, so that the identifying information may be released to the Defence if no protective measures are sought;
  4. until such time as the pre-trial Judge orders disclosure of statements of witnesses who will be called at trial, statements of witnesses, other than statements that accompanied the Indictment or the Amended Indictment when confirmation was sought, may be redacted when provided to the Defence so as to protect the identity and whereabouts of the witness;
  5. the pre-trial Judge, when ordering disclosure of the statements of witnesses who will be called at trial pursuant to Rule 66 (A)(ii) shall at the same time determine to what extent, if any, material may be redacted from those statements and the time-limit for disclosure of such redacted information prior to trial;
  6. the Prosecution, the accused, their counsel and representatives shall not disclose to the public, to the media or to family members and associates the identity, whereabouts or any other identifying information of witnesses whose details have not been redacted from the material disclosed, or details of protected witnesses after disclosure of those details to the Defence, except for reasons related to the preparation of the case;
  7. the Prosecution, the accused, his counsel and their representatives shall not disclose to the public, to the media or to family members and associates the substance, in part or in whole, of the witness statements which the Prosecution provides pursuant to discovery except for reasons related to the preparation of the case;
  8. the Prosecution and the Defence shall maintain a log indicating the name, address and position of each person or entity which receives a copy of a witness statement, as well as the date of disclosure. If there is a perceived violation of the orders described herein, either the Prosecution or the Defence shall notify the Trial Chamber which may either review the alleged violations or may refer the matter to a designee, such as the duty Judge. If the Trial Chamber refers the matter to a duty Judge, the duty Judge shall review the disclosure logs, make factual determinations, and report back to the Trial Chamber with a recommendation as to whatever action seems appropriate;
  9. the Prosecution and the Defence shall instruct those persons who have received a copy of the statements not to reproduce them, under pain of sanction for contempt of the Tribunal, and to return the said documents as soon as they are no longer required;
  10. the Prosecution and the Defence shall verify that those individuals who have received a copy of the statements comply strictly with their obligations not to reproduce them, and to return them as soon as they are no longer required;
  11. the Defence may only contact a witness or potential witness identified to it by the Prosecution or a person whose written statement(s) or non-public or protected testimony has been disclosed by the Prosecution, on reasonable prior written notice to the Prosecution; and
  12. for the purposes of this Order, the term "public" means and includes all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal and the staff of the Registry, the Prosecution, and the Defence.  "The public" specifically includes, without limitation, families, friends and associates of the accused; the accused in other cases or proceedings before the International Tribunal; defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.

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

 

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

__________________________
Patrick Robinson
Pre-trial Judge

Dated this thirteenth day of December 2001
At The Hague
The Netherlands

[Seal of the Tribunal]