IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
26 May 1999
PROSECUTOR
v.
Blagoje SIMIC
Milan SIMIC
Miroslav TADIC
Stevan TODOROVIC
Simo ZARIC
___________________________________________________________
ORDER FOR PROTECTIVE MEASURES
___________________________________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Ms. Anne-Birgitte Haslund
Ms. Nancy Paterson
Ms. Mary MacFadyen
Counsel for the Accused:
Mr. Branislav Avramovic, for Milan Simic
Mr. Igor Pantelic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic, for Simo Zaric
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 "Prosecutors Motion for protective measures for trial witnesses" filed by the Office of the Prosecutor ("Prosecution") on 8 April 1999 ("the Motion") and seeking protective measures, including the use of pseudonyms, for eight witnesses referred to in the Motion and identified to the Trial Chamber in an ex parte filing of 31 March 1999,
NOTING the oral confirmation at the pre-trial conference held on 29 April 1999 that the Defence have no objections to the relief sought,
NOTING the Order of Trial Chamber I while seised of this matter, issued on 17 February 1998, granting protective measures and limiting disclosure of the identity of witnesses and access to witness statements,
NOTING that the provisions of the Order of 17 February 1999 as to the non-disclosure of the identity of witnesses continue in full force and effect until such time as the witness testifies publicly before the Trial Chamber,
NOTING also the oral request by the Prosecution at the pre-trial conference for certain information concerning the witness designated as "witness I" to be kept confidential and for the identity of witness I not to be disclosed,
CONSIDERING that Article 21, paragraph 4, of the Statute of the International Tribunal guarantees the right of the accused to examine, or have examined, the witnesses against him,
CONSIDERING that, subject to the above consideration, the relief requested by the Prosecution in the Motion is appropriate for the privacy and protection of the witnesses but is still consistent with the rights of the accused,
PURSUANT TO RULES 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY GRANTS THE MOTION AND ORDERS as follows:
Done in English and French, the English text being authoritative.
_______________________________
Patrick Robinson
Presiding
Dated this twenty-sixth day of May 1999
At The Hague
The Netherlands
[Seal of the Tribunal]