IN THE TRIAL CHAMBER

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

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
19 March 1999

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

__________________________________________________

ORDER FOR DELAYED DISCLOSURE OF STATEMENTS
AND PROTECTIVE MEASURES

__________________________________________________

The Office of the Prosecutor:

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

Counsel for the Accused:

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, 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 the confidential ex parte "Motion for protective measures and to delay disclosure of possible prosecution witness" filed by the Office of the Prosecutor ("Prosecution") on 23 February 1999 ("the First Motion") and the "Prosecutor’s motion to defer the March 11 deadline as to Rule 73 bis requirements for 6 sensitive witnesses" filed on 3 March 1999 ("the Second Motion" and together "the Motions"), seeking various protective measures for the witness identified in the First Motion and to delay disclosure of the identity and statements of this and five other witnesses, all identified in the Second Motion, until five days prior to testifying,

NOTING the Order of this Trial Chamber of 5 March 1999 temporarily releasing the Prosecution from its obligation to disclose the statements of these witnesses, pending further order of the Trial Chamber,

NOTING the Order for measures to protect victims and witnesses issued by this Trial Chamber on 15 January 1999, which Order continues in full force and effect,

CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING that the protective measures are, in principle, appropriate for the privacy and protection of the witnesses, but that the Trial Chamber is of the view that five days disclosure prior to testifying is insufficient to allow the accused "adequate time and facilities for the preparation of his defence" in accordance with Article 21, paragraph 4(b), of the Statute,

PURSUANT TO Rules 75 and 79 of the Rules

HEREBY ORDERS as follows:

  1. the Prosecution may delay disclosure to the Kordic Defence and to the Cerkez Defence, as defined in the Order for measures to protect victims and witnesses issued by this Trial Chamber on 15 January 1999, of the name and all statements of each of the six witnesses referred to in the Motions until ten days before the witness is due to testify in this case;
  2. the Kordic Defence and the Cerkez Defence shall each restrict access to the name and statements of the witness referred to in the First Motion to lead counsel and the accused in person, plus two designated members each of the Kordic Defence and the Cerkez Defence, to be indicated to the Prosecution at the time of disclosure;
  3. the name, address, whereabouts of and other identifying information concerning the witness identified in the First Motion shall not be disclosed to the public or to the media;
  4. the name, address, whereabouts of, or other identifying information concerning the witness identified in the First Motion shall be sealed and not included in any of the public records of the International Tribunal;
  5. records of the International Tribunal identifying the witness identified in the First Motion shall not be disclosed to the public or to the media;
  6. to the extent the name, address, whereabouts of, or other identifying information concerning the witness identified in the First Motion is contained in the existing public records of the International Tribunal, that information shall be expunged from those records;
  7. the testimony of the witness identified in the First Motion shall be given in closed session;
  8. the transcript of testimony of this witness shall remain sealed in the records of the International Tribunal; save with leave of a Trial Chamber;
  9. the public and the media shall not photograph, video-record or sketch the witness identified in the First Motion while the witness is in the precincts of the International Tribunal; and
  10. the provisions of the Order for measures to protect victims and witnesses issued by this Trial Chamber on 15 January 1999 are extended mutatis mutandis to the six witnesses referred to in the Motions.

 

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

_____________________________

Richard May
Presiding

Dated this nineteenth day of March 1999
At The Hague
The Netherlands

[Seal of the Tribunal]