IN THE TRIAL CHAMBER
Before: Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 8 June 1998
PROSECUTOR
v.
MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC
_________________________________________
DECISION GRANTING PROTECTIVE MEASURES FOR DEFENCE WITNESS
______________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Mr. Stefan Wäspi
Mr. Clint Williamson
Ms. Ann Sutherland
Counsel for the Accused:
Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic
THE TRIAL CHAMBER
NOTING the oral Motion made by the Defence on 25 May 1998 pursuant
to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("the
Rules"), seeking protective measures for one witness, referred to as Witness DD,
NOTING that the Office of the Prosecutor ("Prosecution") has
no objection to the protective measures sought,
HAVING GRANTED the Motion orally on 25 May 1998, to be followed by
written order,
PURSUANT TO RULES 75 and 79 of the Rules
AND WITH THE AGREEMENT OF THE PARTIES
HEREBY GRANTS THE MOTION AND ORDERS as follows:
- the name, address, whereabouts and other identifying data concerning the person given
the pseudonym DD shall not be disclosed to the public or to the media;
- the name, address, whereabouts and other identifying information concerning witness DD
shall be sealed and not included in any of the public records of the International
Tribunal;
- to the extent the name of, or other identifying data concerning, witness DD is contained
in existing public documents of the International Tribunal, that name and other
identifying data shall be expunged from those documents;
- documents of the International Tribunal identifying this witness shall not be disclosed
to the public or the media;
- the testimony of witness DD shall be heard in closed session: however, edited recordings
and transcripts of these sessions shall be released to the public and the media after
review by the Defence and by the Victims and Witnesses Unit of the International Tribunal,
- the pseudonym DD shall be used whenever referring to this witness in proceedings before
the International Tribunal and in discussions among parties to the trial;
- the accused, the defence counsel and their representatives who are acting pursuant to
their instructions or requests shall not disclose the name of this witness or other
identifying data concerning the witness to the public or to the media, except to the
limited extent such disclosure to members of the public is necessary to investigate the
witness adequately; and
- any such disclosure shall be done in such a way as to minimise the risk of the
witnesss name being divulged to the public at large or to the media.
Done in English and French, the English text being authoritative.
____________________
Antonio Cassese
Presiding Judge
Dated this eighth day of June 1998
At The Hague
The Netherlands
[Seal of the Tribunal]