Case No. IT-02-60-PT
IN TRIAL CHAMBER II
Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius
Registrar:
Mr. Hans Holthuis
Order of:
18 February 2003
PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN OBRENOVIC
DRAGAN JOKIC
MOMIR NIKOLIC
_____________________________________________
ORDER FOR PROTECTIVE MEASURES AND NON-DISCLOSURE TO THE PUBLIC
_____________________________________________
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. David Wilson and Mr. Dusan Slijepcevic for Dragan Obrenovic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
Mr. Veselin Londrovic and Mr. Stefan Kirsch for Momir Nikolic
TRIAL CHAMBER II ("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 ("Tribunal"),
NOTING the "Prosecution’s Motion for Order of Protection," ("Motion") filed confidentially on 13 December 2002, and the decision rendered on that Motion issued by this Trial Chamber on 18 February 2003,
NOTING that the Prosecution filed a public version of witness list pursuant to Rule 65ter on 8 November 2002 ("Witness List"),1 in which 43 witnesses are publicly identified, and that the remaining 80 witnesses have been provisionally assigned pseudonyms by the Prosecution,2
NOTING that the Prosecution and Defence have entered into confidentiality agreements in relation to the non-disclosure of confidential and non-public material to the public,
RECALLING that seventeen witnesses have previously been granted protective measures in the case Prosecutor v. Radislav Krstic (Case No. IT-98-33-T) and that, pursuant to Rule 75(E) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), those protective measures apply mutatis mutandis in these proceedings, pending an application by any party to these proceedings to rescind, vary or augment those protective measures pursuant to Rule 75(F),
CONSIDERING that this is the first Motion by any party for any form of protective measures for victims or witnesses in this case,
CONSIDERING the right of the accused under Article 21(2) of the Statute of the Tribunal to a fair and public hearing, subject to Article 22 of the Statute,
CONSIDERING that Article 22 of the Statute requires the Tribunal to provide in its Rules of Procedure and Evidence for the protection of victims and witnesses,
CONSIDERING that that until the Prosecution seeks specific measures in relation to specific victims or witnesses not currently enjoying protective measures and the Trial Chamber decides on whether any protective measures will be granted for specific witnesses, it is in the interest of justice at this stage of the proceedings that the identity of those persons who may require protective measures not be revealed to the public,
PURSUANT TO Rules 53(A), 54 and 75 of the Rules,
HEREBY ORDERS as follow:
(a) "Prosecution" shall mean the Prosecutor of the Tribunal and her staff;
(b) "Accused" shall mean Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic and/or Momir Nikolic;
(c) “Blagojevic, Obrenovic, Jokic and/or Nikolic Defence” shall mean only the Accused, and such defence counsel and their immediate legal assistants and staff, and others specifically assigned by the Tribunal to Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic and Momir Nikolic’s trial defence teams, and specifically identified in a list to be maintained by each lead counsel and filed wit the Trial Chamber ex parte and under seal within ten days of the entry of this order. Any and all deletions to the initial list in respect of any of the above categories of persons who are necessarily and properly involved in the preparation of the defence shall be notified to the Trial Chamber in similar fashion within seven days of such additions and deletions;
(d) "the public" shall mean all persons, governments, organisations, entities, clients, associations and groups other than the Judges of the Tribunal and the staff of the Registry (assigned to either Chambers or the Registry), and the Prosecutor, and the Blagojevic, Obrenovic, Jokic and Nikolic Defence, as defined above. The “public” specifically includes, without limitation, family, friends and associates of the Accused; the Accused in other cases or proceedings before the Tribunal; Defence Counsel in other cases or proceedings before the Tribunal;
(e) "the media" shall mean all video, audio and print media personnel, including journalists, authors, television and radio personnel, their agents and representatives.
(a) the names identifying information or whereabouts of any witness, potential witness, or relatives of a witness or a potential witness identified to the Blagojevic, Obrenovic, Jokic and/or Nikolic Defence by the Prosecution until such time as the witness’s name is disclosed to the public by the Prosecution or until such time as the witness testifies in open session, subject to further protective measures indicated during such session; and
(b) any evidence (including documentary, physical or other evidence) or any written statement of a witness or potential witness, or the substance, in whole or in part, of any evidence or statements that has not already been made public, except such as has been presented in the course of public trial and other proceedings before the Tribunal where no further protective measures were imposed,
STATES that any breach of the protective measures ordered will be dealt with in accordance with Rule 77 ("Contempt of the Tribunal"), and
FURTHER ORDERS the Prosecution to file any requests for protective measures under Rule 75 in relation to specific persons on the Witness List, or for any additional witnesses added to the Witness List, by 31 March 2003,
Done in both English and French, the English text being authoritative.
____________________
Judge Wolfgang Schomburg
Presiding Judge
Dated this eighteenth day of February 2003
At The Hague,
The Netherlands.
[Seal of the Tribunal]