IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
1 March 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

_____________________________________________________

ORDER GRANTING FACIAL DISTORTION

_____________________________________________________

The Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Defence Counsel:

Mr. Mitko Naumovski, Mr. Turner T. Smith, Jr., Ms. Ksenija Turkovic, Mr. Robert A. Stein, Mr. Stephen M. Sayers, Mr. David F. Geneson, and Mr. Leo Andreis, 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 ("the International Tribunal"),

BEING SEISED of a "Prosecutor’s motion for particular protective measures" filed by the Office of the Prosecutor ("Prosecution") on 23 February 2000 ("the Request") seeking the use of facial distortion techniques in respect of the witness, Plony Bos, an investigator with the Prosecution,

HAVING HEARD the arguments of the parties in respect of the witness on 1 March 2000,

CONSIDERING that the Defence have no objection to the relief requested,

CONSIDERING ALSO that the relief requested by the Prosecution is appropriate for the privacy and protection of the witness but is still consistent with the rights of the accused,

HAVING GRANTED THE REQUEST orally on 1 March 2000,

PURSUANT TO Rule 75 of the Rules,

HEREBY CONFIRMS THE ORDER as follows:

  1. the testimony of the witness shall be given by means of facial distortion;

  2. the videotaped record of the testimony of the witness shall not be disclosed to the public or the media;

  3. to the extent that the address, whereabouts of, or other identifying information concerning the witness is contained in existing public documents of the International Tribunal, that information shall be expunged from those documents; and

  4. the public and the media shall not photograph, video-record or sketch the witness while the witness is in the precincts of the International Tribunal.

 

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

___________________________
Richard May
Presiding

Dated this first day of March 2000
At The Hague
The Netherlands

[Seal of the Tribunal]