IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 10 December 1998

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

___________________________________________________________

ORDER

___________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

THIS TRIAL CHAMBER of the International Criminal Tribunal for the Former Yugoslavia ("the Tribunal");

BEING SEISED of the request of Trial Chamber I found in the "Decision on the Motion of the Accused for Access to Non-Public Materials in the Lasva Valley and Related Cases" ("the Decision"), filed on 12 November 1998 in the case of Prosecutor v. Kordic et al.(IT-95-14/2-PT); and of the "Motion of the Accused Dario Kordic and Mario Cerkez for Access to the Non-Public Materials in this Case", filed on 16 September 1998 in this case;

CONSIDERING the orders and decisions of this Chamber granting protective measures to witnesses in this case;

CONSIDERING THAT witnesses, once they have taken the Solemn Declaration pursuant to Rule 90 (B) of the Rules of Procedure and Evidence, become witnesses of truth before the Tribunal and are not strictly witnesses for either Party;

CONSIDERING the Trial Chamber’s ongoing duty to protect its witnesses;

CONSIDERING that the Trial Chamber needs further information regarding its witnesses before it is able to respond to the request found in the Decision;

PURSUANT TO Rule 54 and Rule 75 of the Rules of Procedure and Evidence of the Tribunal

HEREBY DECIDES

  1. to request the Victims and Witnesses Section of the International Tribunal to make investigations and seek the consent of those protected witnesses in this case with the pseudonyms A through Z, AA through HH, and CA, to have redacted transcripts of their closed-session testimony released to the accused and defence counsel in other pending and future cases before the Tribunal;
  2. that the Victim and Witnesses Section should report to the Trial Chamber as soon as it has completed its investigations, and in any case no later than by 29 January 1999;
  3. stays a further response in this matter pending the outcome of these investigations.

 

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

___________________________

Antonio Cassese

Presiding Judge

Dated this tenth day of December 1998

At The Hague

The Netherlands

[Seal of the Tribunal]