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CONSIDERING the motion of the Prosecutor dated 18 February 1998,

PURSUANT to Article 22 of the Statute of the Tribunal (hereinafter "the Statute"),

PURSUANT to Sub-rule 75(A) of the Rules of Procedure and Evidence of the Tribunal (hereinafter "the Rules"),

CONSIDERING that in the Motion the Prosecutor requested that the Trial Chamber order protective measures for the witnesses residing in the former Yugoslavia and for those who might be called to testify before the Trial Chamber because, if such measures are not taken, they refuse to testify,

CONSIDERING that the Prosecution limited its request to a confidential list of witnesses which was submitted to the Tribunal on 10 March 1998,

CONSIDERING that the Defence Counsel did not object to a order granting the Prosecutor’s motion,

CONSIDERING that, pursuant to Articles 20(1) and 22 of the Statute which state the principle for the effective protection of victims and witnesses and to Rule 75 of the Rules which provide for how such protection will be organised, the Tribunal must guarantee the said protection; that the Trial Chamber must also ensure that the measures taken in that respect are compatible with the right of the accused to a public and fair trial, pursuant to Article 21(2) of the Statute and, more specifically, to his right to prepare his defence properly, as the Trial Chamber already ruled in the Tihomir Blaskic case (case no. IT-95-14-PT) in particular.

ORDERS that the Prosecutor, the accused, their counsel and their representatives not disclose to the public or to the media the identify of the witnesses whose names are indicated in the confidential annexe to this order; or their whereabouts or any information which would permit their identification or their depositions, subject to the needs made absolutely necessary for the preparation of the defence; and further orders that any possible disclosure shall limit, insofar as possible, the risk that the identify of the witness might be disclosed to the public or to the media,

ORDERS the Prosecutor and the Defence to maintain a log indicating the name, address and position of each person who receives a copy of the witness’ deposition as well as the date such deposition took place and to submit the log to the Trial Chamber whenever it so requests,

ORDERS that the Prosecutor and the Defence instruct those persons who have received copies of the depositions not to reproduce them under penalty of sanction for contempt of the Tribunal and to return them as soon as they are no longer being used; and orders the Prosecutor and the Defence to verify the application of this instruction.

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

Done this seventeenth day of March 1998
At The Hague
The Netherlands

(signed)
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Claude Jorda
Presiding Judge, Trial Chamber I