IN THE TRIAL CHAMBER

Before:
Judge Claude Jorda, Presiding
Judge Elizabeth Odio Benito
Judge Fouad Riad

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh, Registrar

Order of:
18 October 1996

THE PROSECUTOR

v.

DRAZEN ERDEMOVIC

________________________________________________

ORDER FOR MEASURES OF PROTECTION
FOR WITNESS "X"

_________________________________________________

The Office of the Prosecutor:

Mr. Eric Ostberg
Mr. Mark Harmon

Counsel for the Defence:

Mr. Jovan Babic

 

Trial Chamber I

PURSUANT to Article 22 of the Statute and Rule 75 of the Rules,

CONSIDERING the recommendation of the Victims and Witnesses Unit, pursuant to Sub-rule 34 (A)(i) of the Rules of Procedure and Evidence ("the Rules") which was read during the hearing,

HAVING HEARD the explanations of the Registrar,

HAVING HEARD the comments of the parties who do not object to the measures of protection proposed,

NOTING that the Defence has called a witness who has requested that the Registrar grant him leave to testify without his identity and image being disclosed;

NOTING that the recommendation of the Victims and Witnesses Unit has demonstrated that use of measures of protection is necessary because making public such a deposition might cause serious harm to the reputation of the witness and jeopardize his safety;

NOTING therefore that the measures of protection which will be specified in the disposition of this order should be ordered;

FOR THE FOREGOING REASONS

ORDERS the following measures:

1) The pseudonym ‘X’ shall be assigned to the witness who has been called by the Defence;

2) The name, address, whereabouts and other identifying information concerning the person bearing the pseudonym ‘X’ shall not be disclosed to the public or to the media;

3) All hearings to consider the issue of measures of protection for witness ‘X’ shall be in closed session;

4) The name, address, whereabouts and other identifying information concerning witness ‘X’ which might appear in exhibits or public documents in the records of the International Tribunal shall be expunged from those exhibits and documents;

5) The name, address, whereabouts and other identifying information concerning witness ‘X’ shall be placed under seal and shall not appear in any public records of the International Tribunal;

6) The exhibits and documents of the Tribunal identifying witness ‘X’ shall not be disclosed to the public or to the media;

7) The pseudonym ‘X’ shall be used whenever this witness is referred to in proceedings before the Tribunal and in the discussions between the parties to the case;

8) The accused, the Counsel for the Defence and their representatives, and the Prosecutor and his representatives shall not disclose to the public or to the media the name of witness ‘X’ or any other identifying information pertinent to the witness;

9) The entrance to the courtroom shall be protected, and image and (if technically feasible) voice distortion systems shall be used.

 

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

____________________________________
Claude Jorda
Presiding Judge Trial Chamber I

Done this eighteenth day of October 1996
At The Hague
The Netherlands