IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 8 October 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
DECISION ON PROSECUTION MOTION FOR ADDITIONAL
MEASURES OF PROTECTION FOR WITNESSES
The Office of the Prosecutor
Mr. Grant Niemann
Ms. Teresa McHenry
Mr. Giuliano Turone
Counsel for the Accused
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo
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 ("International Tribunal");
BEING SEISED of a confidential motion entitled "Prosecutors Request for Additional Measures in Respect of the Protection of Witnesses", filed on 4 July 1997 (Official Record at Registry Page D3964 - D3967) ("Motion"), in which the Office of the Prosecutor ("Prosecution") suggests that various methods be adopted to protect the confidentiality of witness information and thus ensure the safety of witnesses;
NOTING that oral arguments were held on the Motion on 18 July 1997 during an open session hearing, at which time the Defence for all four accused persons opposed the Motion on the grounds that the measures proposed were unnecessary and would serve only to increase the administrative burden on the International Tribunal;
CONSIDERING the difficulties involved in implementing and enforcing the measures proposed by the Prosecution;
CONSIDERING FURTHER that the effectiveness of the proposed measures in ensuring the confidentiality of witness information has not been established in the circumstances of the present case;
PURSUANT TO RULE 54,
HEREBY DENIES the Motion.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this eighth day of October 1997
At The Hague,
[Seal of the Tribunal]