Case No. IT-02-60-T
IN TRIAL CHAMBER I, SECTION A
Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay
Registrar:
Mr. Hans Holthuis
Decision of:
7 July 2003
PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN JOKIC
___________________________
ORDER FOR PROTECTIVE MEASURES
___________________________
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
TRIAL CHAMBER I, SECTION A, ("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"),
BEING SEISED of the urgent oral request by the Office of the Prosecutor ("Prosecution") on 7 July 2003, to make non-public the trial proceedings that had already taken place on the same date,
NOTING the testimony of the witness was given in open session, and the Prosecution now seeks that this information be sealed and that the witness be granted protective measures,
NOTING that the witness made the Prosecution aware of his request for protective measures as early as April 2003, and that this information was not acted upon by the Prosecution,
CONSIDERING that the Prosecution has erred in not taking the request of the witness into account, and that this has resulted in a failure to protect the witness,
CONSIDERING that Article 22 of the Statute requires the Tribunal to provide in its Rules of Procedure and Evidence ("Rules") for the protection of victims and witnesses,
CONSIDERING that Rule 75 and Rule 79 of the Rules contemplate measures for the protection of witnesses and victims appearing before the Tribunal,
PURSUANT TO Rule 75 and Rule 79 of the Rules,
HEREBY ORDERS that:
Done in French and English, the English version being authoritative.
_______________
Judge Liu Daqun
Presiding
Dated this seventh day of July 2003,
At The Hague
The Netherlands
[Seal of the Tribunal]