Case No. IT-95-13/1-T
Judge Kevin Parker, Presiding
Judge Christine Van Den Wyngaert
Judge Krister Thelin
Mr. Hans Holthuis
25 October 2005
DECISION ON PROSECUTION’S ADDITIONAL MOTION FOR PROTECTIVE MEASURES OF SENSITIVE WITNESSES
The Office of the Prosecutor:
Mr Marks Moore
Counsel for the Accused:
Mr Miroslav Vasic for Mile Mrksic
Mr Borivoje Borovic and Ms Mira Tapuskovic for Miroslav Radic
Mr Novak Lukic and Mr Momcilo Bulatovic for Veselin Sljivancanin
A. Protective Measures granted by other Chambers (Rule 75(F)(i)):
B. Other Protective Measures sought:
Based on the foregoing, pursuant to Articles 20, 21 and 22 of the Statute and Rules 54, 66, 69, 75 and 79 of the Rules, the Chamber GRANTS THE MOTION IN PART and ORDERS as follows:
1) All fifteen witnesses subject of the Motion shall be given new pseudonyms, different, if any, from those granted to these witnesses in other proceedings before the Tribunal. The new pseudonym for each witness is listed in Confidential Annex I and Ex Parte Annex II attached to this decision. These pseudonyms shall be used whenever referring to the witnesses in question in this trial and related proceedings before the Tribunal and in discussions among parties to the trial.
2) Witness #51, witness #33, witness #54, witness #44, witness #27, witness #45, witness #85 and witness #68 shall testify with the protective measures of pseudonym, image and voice distortion; witness #25 shall testify with the protective measures of pseudonym and image distortion and witness #12, witness #66, witness #65, witness #80, witness #81, and witness #74 shall testify with a pseudonym in closed session.
3) The disclosure of the identity of witnesses of witness #65, witness #80, witness #81, and witness #74 will be delayed until 30 days before each of the witnesses is called to testify.
4) The Prosecution shall forthwith disclose to the Defence, in a redacted form, the statements of witness #65, witness #80, witness #81, and witness #74. The Prosecution will redact only the names, addresses, whereabouts of, and identifying information concerning each of the witnesses identified.
5) The Prosecution shall disclose the full and un-redacted statements of witness #65, witness #80, witness #81, and witness #74 no later than thirty days respectively before each witness is called to testify.
6) The name, address, whereabouts of, and identifying information concerning each of the witnesses identified in Confidential Annex I and Ex Parte Annex II of this decision shall not be disclosed to the public and shall not be included in any public records of the Tribunal.
7) To the extent that the name, address, whereabouts of, or other identifying data of the witnesses identified in Confidential Annex I and Ex Parte Annex II is contained in existing public records of the Tribunal, that information shall be expunged from those documents.
8) All hearings to consider the issue of protective measures for the witnesses identified in Confidential Annex I and Ex Parte Annex II shall be held in closed session and edited records and transcripts of the session(s) shall be released to the public and to the media after review by the Prosecution, in consultation with the Victims and Witnesses Section.
9) The public and the media may not photograph, video-record or sketch or in any manner record or reproduce images of the witnesses identified in Confidential Annex I and Ex Parte Annex II while, they are in the precincts of the Tribunal.
For the purposes of this decision:
“The Defence” means and includes the Accused, his Defence Counsel and all those approved by the Registry to assist with the Defence of the Accused.
“The public” means and includes all persons, governments, organisations, entities, clients, associations, groups and media, other than judges and staff of the Tribunal Chambers and Registry, the Prosecution, the Defence, and persons to whom it is necessary for the Defence to disclose the material for the preparation and presentation of the Defence case. “The public” specifically includes, without limitation, family, friends and associates of the Accused, the media, the accused in other cases or proceedings before the Tribunal and/or national courts, and defence counsel in other cases or proceedings before the Tribunal and/or national courts.
“The media”, as mentioned above, means and includes all video, audio, electronic and print media personnel, including journalists, reporters, authors, television and radio personnel, as well as their agents and representatives.
Done in English and French, the English version being authoritative.
Dated this twenty-fifth day of October 2005
At The Hague
[Seal of the Tribunal]