Case No. IT-03-66-T
IN TRIAL CHAMBER II
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert
Mr. Hans Holthuis
8 March 2005
DECISION ON PROSECUTIONíS MOTION FOR PROTECTIVE MEASURES
The Office of the Prosecutor:
Mr. Alex Whiting
Mr. Julian Nicholls
Mr. Colin Black
Counsel for the Accused:
Mr. Michael Mansfield, QC, and Mr. Karim A. Khan for Fatmir
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin Bala
Mr. Michael Topolski, QC, and Mr. Steven Powles for Isak Musliu
1. 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 is seized of a motion from the Prosecution seeking protective measures for the witness listed in the confidential annex to this decision.1 The Defence did not file a response, but indicated that they have no objection to the relief requested by the Prosecution.2
2. The Prosecutionís request for protective measures for the proposed witness is governed by Rules 69 and 75 of the Rules. The Chamber is satisfied that there are sound reasons for granting such measures, and further finds them to be consistent with the rights of the Accused in this case.
Based on the foregoing, the Chamber:
GRANTS the Prosecutionís request for protective measures and ORDERS as follows:
The witness listed in the confidential annex to this decision shall be permitted to testify with a pseudonym, image and voice distortion, and in addition the following protective measures shall apply:
(1) The addresses or whereabouts of the witness shall be sealed and not included in any public records of the International Tribunal, nor revealed during their testimony before the Trial Chamber;
(2) To the extent that the addresses or whereabouts of the witness are contained in existing public records of the International Tribunal, that information shall be expunged from those documents;
(3) All hearings to consider the issue of protective measures for this witness shall be held in closed session and only be released to the public and to the media after review by the Prosecution, in consultation with the Victim Witness Section;
(4) The public and the media may not photograph, video-record or sketch the witness on the premises of the International Tribunal.
For the purposes of this decision, the term "public" means and includes all persons, governments, organisations, entities, associations and groups other than the Judges of the International Tribunal and the staff of the Registry, the Prosecutor and the Accused in this case, the Defence Counsel, legal assistants and other members of the Defence team, their agents or representatives. The term "public" specifically includes, without limitation, family members, friends and associates of the Accused, the Accused in other cases or proceedings before the International Tribunal, the media and journalists.
Done in English and French, the English version being authoritative.
Judge Kevin Parker
Dated this eighth day of March 2005
At The Hague
[Seal of the Tribunal]