Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 20 November 1998







The Office of the Prosecutor:

Mr. Franck Terrier
Ms. Peggy Kuo
Ms. Hildegard Uertz-Retzlaff

Counsel for the Accused:

Mr. Slavisa Prodanovic


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"),

NOTING the "Order On Prosecution Motion Requesting Protective Measures for Witnesses At Trial" issued by the Trial Chamber on 5 October 1998 ("the Protective Measures Order"),

NOTING ALSO the oral presentations made by the parties to the Trial Chamber in relation to witness FWS-191 in ex parte hearings on 11 November 1998, and

REMAINING SEISED of the request for protective measures in respect of witness FWS-191 in the confidential "Motion Requesting Protective Measures for Witnesses at Trial" together with the "Prosecutor’s Document of Witness Information" annexed thereto, filed by the Office of the Prosecutor ("the Prosecution") on 4 September 1998 ("the Request"),

CONSIDERING Articles 20, 21 and 22 of the Statute of the International Tribunal and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

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

PURSUANT to Rules 69, 75 and 79,

HEREBY GRANTS the Request, and ORDERS as follows:

  1. The Prosecution shall be released from the obligation to disclose the name and unredacted statement of witness FWS-191 until such time as the arrangements currently being made by the Victims and Witnesses Unit of the International Tribunal have been fully implemented;
  2. The Prosecution shall inform the Trial Chamber and the Defence when those measures have been fully implemented and shall disclose the unredacted statement of witness FWS-191 to the Defence within seven days thereof and, in any event, not less than 30 days before the date set for trial;
  3. All provisions of the Protective Measures Order relating to pseudonymed witnesses shall apply also to witness FWS-191;
  4. The Defence counsel, the accused and their representatives who are acting pursuant to their instructions or requests, shall notify the Prosecutor of any requested contact with witness FWS-191 or the relatives of this witness. The Prosecutor shall make arrangements for such contact as may be determined necessary and may allow contact by the Defence counsel only;
  5. The testimony of witness FWS-191 shall be heard in closed session; however, edited recordings and transcripts of the sessions shall be released to the public and to the media after review by the Prosecution in consultation with the Victims and Witnesses Unit.

Any breach of this Order shall be dealt with in terms of Rule 77 of the Rules.


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



Florence Ndepele Mwachande Mumba Presiding

 Dated this twentieth day of November 1998

At The Hague

The Netherlands

[Seal of the Tribunal]