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








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 Prosecution’s confidential "Motion Requesting Protective Measures for Witnesses at Trial" together with the "Prosecutor’s 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:

  1. The "Decision on Prosecution Motion to Protect Victims and Witnesses", issued on 29 April 1998, remains in force.
  2. 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.
  3. The names, addresses, whereabouts and any other identifying information concerning the protected witnesses shall not be disclosed to the public or to the media.
  4. 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.
  5. 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.
  6. The Prosecution shall immediately disclose the names and unredacted statements of witnesses for whom no protection is sought to the Defence.
  7. 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.
  8. 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 Prosecutor’s 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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]