Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Mohamed Shahabuddeen

Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
7 September 1998







The Office of the Prosecutor

Mr. Mark Harmon
Mr. Andrew Cayley
Mr. Gregory Kehoe

Defence Counsel:

Mr. Anto Nobilo
Mr. Russell Hayman


TRIAL CHAMBER I of the International Criminal Tribunal for the Former Yugoslavia (hereinafter "the Tribunal"),

PURSUANT to Rule 54 of the Rules of Procedure and Evidence (hereinafter "the Rules");

NOTING the Defence motion, filed in camera and ex parte on 28 July 1998, for safe-passage for certain Defence witnesses, and the Defence’s confidential letters dated 18 and 19 August 1998 specifically in respect of one witness (hereinafter called witness "D/C");

CONSIDERING that the Defence requests that the Trial Chamber issue an order for safe-passage for witness "D/C", whose identity appears in the confidential and ex parte annex attached to the present Order (hereinafter "the Annex"), and indicates in that regard that the witness refuses to appear should such a guarantee not be provided;

CONSIDERING that Sub-rule 90(A) of the Rules presents the principle of witnesses appearing in person before the Trial Chamber;

CONSIDERING that the arguments presented by the Defence in support of its motion justifies the granting of the requested safe-passage;


ORDERS that witness "D/C", whose name and whereabouts appear in the Annex, shall not be prosecuted, detained or subjected to any other restriction of his personal liberty, for acts or convictions falling within the jurisdiction of the Tribunal, during his presence in The Netherlands and his travel between that country and his country of origin;

STATES that such immunity shall take effect from the date of the present Order and shall remain in force for a maximum of seven (7) days following the completion of the testimony of the witness, and no later than 2 October 1998;

STATES, moreover, that should illness prevent the witness from leaving The Netherlands or should the witness be detained for an offence he may have committed during his stay in The Netherlands, the seven day time-limit shall start to run from the time the witness is again able to travel or has been released;

STATES that the witness may travel only between the country’s point of entry and exit and his place of residence, within a limited radius around his place of residence, and between such place and the Tribunal;

ORDERS that the Annex, initialled by the Presiding Judge of the Trial Chamber, be recorded under seal and preserved in the safe of the Registry.

Done in French and English, the French version being authoritative.

Done this seventh day of September 1998
At The Hague
The Netherlands

Claude Jorda
Presiding Judge Trial Chamber I

(Seal of the Tribunal)