IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
27 January 2000
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
___________________________________________________________________
ORDER ON APPLICATION OF THE DEFENCE TO MODIFY
THE ORDER OF THE TRIAL CHAMBER FOR THE
PROTECTION OF VICTIMS AND WITNESSES
___________________________________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott
Defence Counsel
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson,
Mr. Turner T. Smith, Jr., and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez
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 ("International Tribunal"),
NOTING the "Order for Measures to Protect Victims and Witnesses" issued by the Trial Chamber on 15 January 1999 for the protection of victims and witnesses connected with these proceedings ("the Order"),
BEING SEISED of an application by the Defence for Dario Kordic and Mario Cerkez (“the Defence”) for revision and modification of the Order (“the Application”),
HAVING HEARD the parties in closed session on 26 November 1999,
NOTING that the Defence seek amendments to paragraphs 7, 10 and 12 of the Order, as follows:
NOTING the Prosecution arguments in response to the Application that:
(ii) were such wording inserted into an order, it may mean that the OTP would not be able to have appropriate contacts with, or ask for the assistance of, for example, law enforcement authorities in Bosnia to contact witnesses or to assist in the location of particular evidence.
CONSIDERING that the Trial Chamber agrees with the arguments of the OTP that the proposed modifications might have the effect of adversely affecting the capability of the OTP to carry out its mandate, and that the Order is adequate to protect the interests of witnesses or potential witnesses of the Defence,
CONSIDERING HOWEVER that the proposed modifications to paragraph 7 of the Order serve to clarify the reciprocal obligations of non-disclosure upon the OTP and the Defence,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY GRANTS the Application with respect to proposed modifications to paragraph 7, which will now be as follows1:
AND HEREBY DENIES the remainder of the Application.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this twenty-seventh day of January 2000
At The Hague
The Netherlands
[Seal of the Tribunal]