IN THE TRIAL CHAMBER
Before:
Judge Claude Jorda, Presiding
Judge Almiro Rodrigues
Judge Mohamed Shahabuddeen
Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar
Order of:
1 December 2000
THE PROSECUTOR
v.
TIHOMIR BLASKIC
______________________________________________________________
ORDER FOR THE IMMEDIATE CESSATION OF VIOLATIONS
OF PROTECTIVE MEASURES FOR WITNESSES
______________________________________________________________
The Office of the Prosecutor:
Mr. Mark Harmon
Mr. Andrew Cayley
Mr. Gregory Kehoe
Defence Counsel
Mr. Anto Nobilo
Mr. Russell Hayman
THE 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 (hereafter "Tribunal") seized of the case The Prosecutor v. Tihomir Blakic (IT-95-14-T) ("the Blakic case), (the Chamber),
NOTING that the Trial Chamber which originally sat in this case may still be constituted since its members are still Judges at the Tribunal,
NOTING the Chambers decision on Protective Measures dated 6 June 1997 ("the Decision"),1
NOTING the Prosecutors submission, dated 1st December 2000, and the attachments thereto ("the Motion"),
NOTING articles 20, 22 and 29 of the Statute of the Tribunal ("the Statute") as well as Rules 54, 75 and 77 of the Rules of Procedure and evidence of the Tribunal ("the Rules"),
CONSIDERING that the Motion shows that media in the Republic of Croatia, namely the papers "Globus" (article of Mr. Antun Masle, November 2000) and "Slobodna Dalmacija" (several articles dated 28, 29 and 30 November 2000 authored by a so-called "Slobodna Dalmacija Investigative Team", of which an individual named Bisera Lusic appears to be a member), recently published statements or transcripts of a testimony, or exerts thereof ("the Statements"), given by a witness before the Tribunal,
CONSIDERING that the said witness is among those who were granted protective measures; that the Statements were protected pursuant to the Decision,
CONSIDERING that it results clearly from the attachments to the Motion that the papers concerned were perfectly aware, at the time of the publication, that the Statements were not to be disclosed,
CONSIDERING that the publication by any means of any statements, transcripts, or copies thereof, which are protected pursuant to an order of the Tribunal should cease immediately and that no mention, direct or indirect, of such documents should be made public under any form,
CONSIDERING that those responsible for such breach of an order of the Tribunal may be found in contempt of the Tribunal,
FOR THE FOREGOING REASONS
ORDERS that the publication of statements or testimonies of the witness concerned, and generally, of any protected witness, shall cease immediately and STATES that any publication of these statements or testimonies, shall expose its author(s) and those responsible to be found in contempt of the Tribunal,
REQUESTS the relevant authorities of the Republic of Croatia to take immediately all measures necessary to bring the publication of the Statements to an end and to provide the Chamber with all and any information regarding the sources or authors of the unauthorised disclosure of the Statements,
REQUESTS the Registrar to send a copy of this decision by telefax to the competent authorities of the Republic of Croatia and to the papers "Globus" and "Slobodna Dalmacija" as soon as practicable,
CALLS UPON the authorities of the Republic of Croatia and upon the Prosecutor to provide the Chamber with any information regarding the identity of those potentially responsible for the illegal disclosure of the Statements and violations of the related orders and decisions of the Chamber regarding the protection of witnesses.
Done in English and French, the English version being authoritative.
Done this 1st day of December 2000
At The Hague
The Netherlands
_______________________
Claude Jorda, Presiding
Trial Chamber
[SEAL OF THE TRIBUNAL]