IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Request of:
9 July 2001

PROSECUTOR

v.

MOMCILO KRAJISNIK
&
BILJANA PLAVSIC

______________________________________________

ORDER FOR PROTECTIVE MEASURES

______________________________________________

Office of the Prosecutor:

Mr. Mark Harmon
Mr. Alan Tieger

Counsel for the Accused:

Mr. Deyan Brashich and Mr. Goran Neskovic, for Momcilo Krajisnik
Mr. Robert J. Pavich, for Biljana Plavsic

 

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 confidential and ex parte "Prosecutionís Motion for Protective Measures Pursuant to Rule 75(A) and (D)" filed by the Office of the Prosecutor ("Prosecution") on 23 May 2001, seeking orders pursuant to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), to permit it to disclose to the Defence for the accused in this case certain non-public material from proceedings held before other Trial Chambers of the International Tribunal, as defined in the Application ("the Protected Material"), together with the imposition of protective measures similar to those already imposed, and asking the Trial Chamber to refer the request to the relevant Chamber or to the President of the International Tribunal as provided by Rule 75 (D),

NOTING the confidential and ex parte "Request to Trial Chambers I and II and to the President" issued by this Trial Chamber on 9 July 2001 in which, inter alia, the Trial Chamber authorised the release to the Defence in this case of the relevant Protected Material from the cases of Prosecutor v. Sikirica and Others, Case No. IT-95-8, and Prosecutor v. Simic and Others, Case No. IT-95-9, subject to the same protective measures as applied in those cases,

PURSUANT to Rules 75 and 79 of the Rules,

HEREBY ORDERS as follows:

(1) The Prosecution, the accused, their counsel and representatives shall not disclose to the public, to the media, or to family members and associates, the identity, whereabouts or any other identifying information of the witness in respect of whom Protected Material is to be disclosed from the case of Prosecutor v. Sikirica and Others ("the Sikirica Protected Witness"), except for reasons related to the preparation of the case;

(2) The Prosecution, the accused, their counsel and representatives shall not disclose to the public, to the media or to family members and associates the substance, in part or in whole, of the witness statements of the Sikirica Protected Witness which the Prosecution provides pursuant to discovery, except for reasons related to the preparation of the case;

(3) The Prosecution and the Defence shall each maintain a log indicating the name, address and position of each person or entity which receives a copy of a witness statement of the Sikirica Protected Witness, as well as the date of disclosure. If there is a perceived violation of the orders described herein, either the Prosecution or the Defence shall notify the Trial Chamber which may either review the alleged violations or may refer the matter to a designee, such as the duty Judge. If the Trial Chamber refers the matter to a duty Judge, the duty Judge shall review the disclosure logs, make factual determinations, and report back to the Trial Chamber with a recommendation as to whatever action seems appropriate;

(4) The Prosecution and the Defence shall instruct those persons who have received a copy of the statements not to reproduce them, under pain of sanction for contempt of the Tribunal, and to return the said documents as soon as they are no longer required;

(5) The Prosecution and the Defence shall verify that those individuals who have received a copy of the statements comply strictly with their obligations not to reproduce them, and to return them as soon as they are no longer required;

(6) The Defence may only contact the Sikirica Protected Witness on reasonable prior written notice to the Prosecution;

(7) The Prosecution may assign a pseudonym to the Sikirica Protected Witness and to the witness in respect of whom Protected Material is to be disclosed from the case of Prosecutor v. Simic and Other ("the Simic Protected Witness") and, until further order, this pseudonym shall be used whenever referring to the Sikirica Protected Witness or to the Simic Protected Witness in proceedings before the International Tribunal and in discussions among parties to the trial;

(8) Subject to further order, the Prosecution shall disclose to the Defence the statements of the Sikirica Protected Witness and the Simic Protected Witness in full, without redaction as to identity, not less than sixty days prior to the date set for commencement of trial;

(9) The name, address, whereabouts and other identifying information concerning the Sikirica Protected Witness and the Simic Protected Witness shall be sealed and not included in any of the public records of the International Tribunal;

(10) To the extent the name of, or other identifying data concerning the Sikirica Protected Witness or the Simic Protected Witness is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents; and

(11) Documents of the International Tribunal identifying the Sikirica Protected Witness or the Simic Protected Witness shall not be disclosed to the public or the media.

The Prosecution may apply for further orders for protective measures as may be viewed appropriate in relation to the testimony of the Sikirica Protected Witness and the Simic Protected Witness at trial in due course.

For the purposes of this Order, the term "public" means and includes all persons. Governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal and the staff of the Registry, the Prosecution, and the Defence. "The public" specifically includes, without limitation, families, friends and associates of the accused; the accused in other cases or proceedings before the International Tribunal; defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.

 

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

___________________________
Richard May
Presiding

Dated this ninth day of July 2001
At The Hague
The Netherlands

[Seal of the Tribunal]