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:

  1. the transcript as well as the audio visual record of the proceedings before the Trial Chamber on 7 July 2003 be kept under seal;
  2. the witness be granted protective measures in the form of closed session testimony for the remainder of the testimony; and
  3. there be no further dissemination of the testimony before the Trial Chamber, to the public.

 

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]