Case No. IT-03-66-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert

Registrar:
Mr. Hans Holthuis

Decision of:
14 April 2005

PROSECUTOR

v.

Fatmir LIMAJ
Haradin BALA
Isak MUSLIU

________________________________________________

DECISION ON PROSECUTIONíS MOTION FOR PROTECTIVE MEASURES REGARDING RULE 92 BIS WITNESSES

________________________________________________

The Office of the Prosecutor:

Mr. Alex Whiting
Mr. Julian Nicholls
Mr. Milbert Shin
Mr. Colin Black

Counsel for the Accused:

Mr. Michael Mansfield, QC, and Mr. Karim A. Khan for Fatmir Limaj
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin Bala
Mr. Michael Topolski, QC, and Mr. Steven Powles for Isak Musliu

 

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, having been seized of a motion1 from the Prosecution seeking protective measures for certain witnesses whose Rule 92 bis statements were admitted under seal in this case, foreshadowed during the hearing on 12 April 2005 that the Chamber would order the measures as moved.2 The Defence at that time did not indicate any objections.3

The Chamber hereby GRANTS the Prosecutionís motion and ORDERS as follows:

The witnesses listed in the confidential annex to this decision shall be referred to by pseudonym in all public Tribunal documents, their statements and associated Rule 92 bis materials shall remain under seal, 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;

(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;

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
Presiding

Dated this fourteenth of April 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Confidential Prosecutionís Motion for Protective Measures Regarding 92 bis witnesses, 11 April 2005.
2. Transcript of the proceedings in Prosecutor v. Fatmir Limaj et al., Case No. IT-03-66-T, T. 5678 Ė 5685.
3. Ibid.