IN THE TRIAL CHAMBER
Before: Judge Florence Ndepele Mwachande Mumba, Presiding
Judge Antonio Cassese
Judge Richard May
Registrar: Ms. Dorothee de Sampayo Garrido-Nijgh
Order of: 5 October 1998
PROSECUTOR
v.
DRAGOLJUB KUNARAC
___________________________________________________________
ORDER ON PROSECUTORS MOTION REQUESTING
PROTECTIVE MEASURES FOR WITNESSES AT TRIAL
____________________________________________________________
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"),
BEING SEISED of the Prosecutions confidential "Motion
Requesting Protective Measures for Witnesses at Trial" together with the
"Prosecutors Document of Witness Information" annexed thereto (together
"the Motion"), filed by the Office of the Prosecutor ("the
Prosecution") on 4 September 1998,
NOTING that a separate Scheduling Order concerning witness FWS-191
was filed on 2 October 1998,
NOTING especially that the other indictees in the original
indictment are still at large,
NOTING that the Defence has not responded to the Motion,
CONSIDERING Articles 20, 21 and 22 of the Statute of the
International Tribunal and Rules 75 and 79 of the International Tribunal's Rules of
Procedure and Evidence ("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 Motion, and ORDERS as follows:
- The "Decision on Prosecution Motion to Protect Victims and Witnesses", issued
on 29 April 1998, remains in force.
- Pseudonyms shall be assigned to all witnesses as requested in the Motion ("the
protected witnesses") and shall be used whenever referring to these witnesses in the
course of their testimony or otherwise in the proceedings before the International
Tribunal or in discussion between the parties.
- The names, addresses, whereabouts and any other identifying information concerning the
protected witnesses shall not be disclosed to the public or to the media.
- The names, addresses, whereabouts and any other identifying information concerning the
protected witnesses shall be sealed and excluded from any of the public records of the
International Tribunal.
- To the extent that the names, addresses, whereabouts and any other identifying
information concerning the protected witnesses are contained in the existing public
records of the International Tribunal, that information shall be expunged from those
records.
- The Prosecution shall immediately disclose the names and unredacted statements of
witnesses for whom no protection is sought to the Defence.
- The Prosecution shall disclose the names and unredacted statements of the protected
witnesses not less than 30 days before the trial date to the Defence, with the exception
of the name and statement of witness FWS-191, concerning whom a separate order will be
issued in due course.
- 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
the witnesses set forth in the Prosecutors annex to the Motion dated 4
September 1998 or the relatives of these witnesses. The Prosecutor shall make
arrangements for such contact as may be determined necessary and may allow contact by the
Defence counsel only.
- The testimonies of witnesses FWS-95, FWS-96, FWS-175 and FWS-190 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. A separate order shall be issued concerning witness
FWS-191.
- Witnesses FWS-48, FWS-50, FWS-51, FWS-52, FWS-75, FWS-87, FWS-101, FWS-132, FWS-183,
FWS-185 and FWS-186 shall testify using image and voice altering devices to prevent their
identity from being made public.
- Witness FWS-132 shall testify in the courtroom, but with the use of screening, and shall
be shielded from the public and the accused; the witness shall have a voice and image
altering devices applied.
- The public and the media shall not photograph, video-record or sketch any of the
protected witnesses whilst they are in the precincts of the International Tribunal.
Any breach of this Order shall be dealt with in terms of Rule 77 of the
Rules of Procedure and Evidence.
Done in both English and French, the English version being
authoritative.
________________________________
Florence Ndepele Mwachande Mumba Presiding
Dated this fifth day of October 1998
At The Hague
The Netherlands
[Seal of the Tribunal]