Case No.: 98-33-A

IN THE APPEALS CHAMBER

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
15 July 2003

PROSECUTOR

v.

Radislav KRSTIC

__________________________

ORDER RESCINDING PROTECTIVE MEASURES

__________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Accused:

Mr. Nenad Petrusic
Mr. Norman Sepenuk

 

I, THEODOR MERON, Presiding Judge of the Appeals 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"),

BEING SEISED of the urgent motion by the Prosecution in The Prosecutor v. Blagojevic, IT-02-60-T, pursuant to Rule 75(G) of the Rules of Procedure and Evidence, for the rescinding or varying of protective measures on 34 witnesses who gave testimony in the trial in The Prosecutor v. Krstic, IT-98-33-T conditioned on the consent of the witnesses, submitted on 11 July 2003 ("Motion");

CONSIDERING that the protective measures for these witnesses imposed by Trial Chamber I in The Prosecutor v. Krstic, IT-98-33-T, were granted pursuant to requests by the Prosecution for such measures in response to requests from the witnesses;

CONSIDERING that the Appeals Chamber remains seised of The Prosecutor v. Krstic, IT-98-33-A;

CONSIDERING that, pursuant to Rules 75(G) and (I), applications to rescind or vary protective measures in respect of a witness may be dealt with by a Judge of the Chamber that remains seised of the proceedings;

HEREBY GRANT the Motion in part and ORDER that

(1) subject to paragraph 2, the protective measures ordered by Trial Chamber I in The Prosecutor v. Krstic, IT-98-33-T, for the witnesses listed in the annex to the Motion shall remain in place;

(2) once a witness listed in the annex to the Motion gives his or her express consent to Trial Chamber I, whether orally or in writing, for the rescinding, whether in whole or in part, of the protective measures established in The Prosecutor v. Krstic, IT-98-33-T, those protective measures are rescinded to the extent of the witnessís consent.

 

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

________________
Theodor Meron
Presiding Judge

Dated this 15th day of July 2003,
At The Hague,
The Netherlands.

[Seal of the Tribunal]