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: 23 September 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON THE MOTION FOR PROTECTIVE MEASURES FOR WITNESS "T"
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 motion seeking protective measures for a witness identified by the pseudonym "T" filed by the Office of the Prosecutor ("Prosecution") on 2 September 1997 (Official Record at Registry Page ("RP") D5050 D5053), ("Motion");
CONSIDERING the oral arguments by the Prosecution and the Defence for each of the four accused persons ("Defence") while speaking to the Motion on 2 September 1997;
CONSIDERING Article 20 of the Statute of the International Tribunal which mandates the Trial Chamber to ensure full respect for the rights of the accused and due regard for the protection of victims and witnesses;
CONSIDERING Rule 75 which empowers the Trial Chamber to provide protection to victims and witnesses in appropriate circumstances;
CONSIDERING FURTHER that the measures requested do not unduly impinge upon the rights of the four accused persons;
FOR THE FORGOING REASONS, PURSUANT TO RULE 75;
I. The name, address, whereabouts and other identifying data concerning witness "T" shall not be disclosed to the public or the media.
II. Documents of the International Tribunal identifying witness "T" shall be sealed and shall not be available to the public or the media.
III. Any documents of the International Tribunal revealing the status of witness "T" as a witness in the present proceedings shall not be disclosed to the public or to the media.
IV. Examination and cross-examination of witness "T" shall be in open session. Nevertheless, for the purpose of protecting other persons, any part of witness "T"s testimony may be heard in closed session.
V. Throughout the examination of witness "T" before the Trial Chamber, image altering devices shall be employed to the extent necessary to prevent the visual recognition of witness "T" by the public or the media.
VI. The pseudonym "T" shall be used whenever witness "T" is referred to in the capacity of a witness in the present proceedings before this Trial Chamber and in discussions among parties to the proceedings.
VII. The public and the media shall not photograph, video-record or sketch witness "T" within the precincts of the International Tribunal.
VIII. Any measures requested of the Trial Chamber but not hereinbefore specifically granted are hereby denied.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this twenty-third day of September 1997
At The Hague,
[Seal of the Tribunal]