Case No: IT-01-47-PT

IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius

Registrar:
Mr Hans Holthuis

Order of:
29 November 2001

PROSECUTOR

v

ENVER HADZIHASANOVIC
MEHMED ALAGIC
AMIR KUBURA

________________________________________________________________________________

ORDER ON ADDITIONAL PROTECTIVE MEASURES TO BE OBSERVED BY MARIO CERKEZ

________________________________________________________________________________

The Office of the Prosecutor:

Ms Jocelyne Bodson
Mr Ekkehard Withopf

Counsel for the Accused:

Ms Edina Residovic for Enver Hadzihasanovic
Mr Vasvija Vidovic and Mr John Jones for Mehmed Alagic
Mr Fahrudin Ibrisimovic for Amir Kubura

 

THIS 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,

BEING SEIZED of the "Additional Request for Protective Measures to be Observed by Mario Cerkez", filed by the Prosecution on 20 November 2001 ("Motion"), and the "Defendant Mario Cerkezís Response to Prosecutionís Additional Request for Protective Measures to be Observed by Mario Cerkez", filed by the appellant in a matter before the Appeals Chamber, Mario Cerkez ("Defendant") on 21 November 2001 ("Response");

NOTING the "Order on Protective Measures to be Observed by Mario Cerkez", issued on 7 November 2001 ("First Order");

NOTING the "Order on Dario Kordicís Motion for Access to Confidential Material", issued on 20 November 2001, in which a similar Prosecution motion was granted by the Trial Chamber in relation to the co-appellant of the Defendant, Dario Kordic;

NOTING that the Prosecution has previously inadvertently disclosed 30 documents pursuant to Rule 68 ("Rule 68 documents") from the confidential supporting material in this case to the Defendant without requesting protective measures prior to that disclosure;

NOTING that the Prosecution requests that the Trial Chamber order that the same protective measures imposed on the Defendant in the First Order apply to all supporting material from this case in the possession of the Defendant, including the Rule 68 documents;

NOTING that the Defendant opposes the Motion, submitting that it is unnecessary and inappropriate to impose an additional formal obligation on the Defendant in the light of the assurances provided by him in a letter addressed to the Prosecution, dated 9 November 2001, that he would treat the documents in accordance with the First Order;

CONSIDERING that the oversight by the Prosecution to seek the requisite protective measures in relation to the Rule 68 documents before disclosing them to the Defendant is serious, in the light of the obvious importance of those measures;

CONSIDERING that in the light of the general importance of protective measures ordered by a Chamber or a Judge, and to enable the Trial Chamber to properly deal with any breach thereof, should it come to that, it is necessary to formally order the Defendant to comply with the relevant protective measures, notwithstanding his voluntary undertaking to comply therewith;

NOTING that the parties agree on the protective measures to which the Rule 68 documents should be subject;

PURSUANT TO Rules 54, 53 and 75,

HEREBY ORDERS that:

The following protective measures shall apply to the Rule 68 documents: the Defendant, his counsel and his representatives who are acting pursuant to his instructions shall:

  1. Not disclose to the public, to the media or to family members and associates of the Defendant the names of witnesses, their whereabouts, copies of witness statements, the contents of their witness statements or any information which would permit or enable them to be identified and would breach the confidentiality of the court proceedings unless absolutely necessary for the preparation of his appeal, and always with leave of the Trial Chamber.
  2. Not disclose to the public, to the media or to family members and associates any documentary or other evidence, or any written statement of a witness or the contents, in whole or in part, of any non-public evidence, statement or prior testimony.
  3. Not contact any witness without first demonstrating to this Trial Chamber the justification for contacting the witness, that the witness may materially assist him in some identified way and that such assistance is not otherwise reasonably available to him, and further, that if such contact is granted by this Trial Chamber, that the Prosecution be given a right to be present at any contact or interview, if the witness requests such presence.
  4. Inform any person to whom disclosure of the confidential supporting material in this case is made for the purposes of preparing the appeal that he or she is forbidden to copy, reproduce or publicise, in whole or in part, any non-public information or to disclose them to any other person, and further that, if any such person has been provided with such information, he or she must return to the Defendant and his counsel as soon as it is no longer needed for preparing and presenting his appeal.

 

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

Done the twenty-ninth day of November 2001
At The Hague
The Netherlands

________________________________
Wolfgang Schomburg
Presiding Judge

[Seal of the Tribunal]