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: 25 September 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON THE MOTION FOR PROTECTIVE MEASURES FOR WITNESS RISTO VUKALO
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 measures for the protection of a witness, Mr. Risto Vukalo, filed on 12 August 1997 by the Office of the Prosecutor ("Prosecution"), (Official Record at Registry Page ("RP") D4137 - D4139), ("Motion");
CONSIDERING that the Motion requests protective measures in the following terms:
(i) the non-disclosure to the public or the media of documents of the International Tribunal which identify Mr. Vukalo,
(ii) the employment of image and voice altering devices while Mr Vukalo is giving testimony before the Trial Chamber,
(iii) an Order barring the public and media from video-recording, photographing or sketching Mr. Vukalo while he is in the precincts of the International Tribunal;
CONSIDERING the oral arguments of the Prosecution and the Defence for each of the four accused persons ("Defence") while speaking to the Motion at a hearing held on 14 August 1997;
CONSIDERING that at that hearing, the Prosecution orally amended the Motion to limit the measures sought in the following manner:
(a) with respect to paragraph (i) above, that photos, videos and sketches be substituted for documents,
(b) with respect to paragraph (ii) above, that the technical measures employed be limited to image altering devices,
(c) with respect to paragraph (iii) above, that the Order of the Trial Chamber be limited to the period of Mr. Vukalos presence before the Trial Chamber;
CONSIDERING the observations of a general nature made by the Defence to the effect that protective measures should be granted only in exceptional circumstances to avoid the danger of these proceedings becoming or appearing to be secret and unfair;
CONSIDERING that Defence Counsel for Esad Landzo and Zdravko Mucic voiced their concerns that certain witnesses who had been granted protective measures in the past had subsequently given media interviews which revealed their identities to the public and implored the Trial Chamber, if it was minded to grant the Motion, to satisfy itself that Mr. Vukalo will not subsequently give media interviews of that nature;
CONSIDERING that the Prosecution declared that Mr. Vukalo will give an undertaking not to give any media interviews subsequent to his testimony before the Trial Chamber;
CONSIDERING that the Trial Chamber may grant the measures sought pursuant to Article 22 of the Statute of the International Tribunal ("Statute") and Rule 75 of the International Tribunals Rules of Procedure and Evidence ("Rules");
CONSIDERING that Article 20 of the Statute mandates the Trial Chamber to ensure that the rights of accused persons are fully respected;
CONSIDERING FURTHER that the protective measures sought do not unduly impinge upon the rights of the four accused persons;
FOR THE FORGOING REASONS, PURSUANT TO RULE 75;
HEREBY ORDERS THE FOLLOWING:
I) Throughout the examination of Mr. Vukalo before the Trial Chamber, image altering devices shall be employed to the extent necessary to prevent the recognition of his visual image by the public or the media.
II) The International Tribunals photographs, videos and sketches which identify Mr. Vukalo shall not be disclosed to the public or the media.
III) The public and the media shall not photograph, video-record or sketch Mr. Vukalo while he is testifying before the Trial Chamber.
IV) The Prosecution shall file with the Registry of the International Tribunal, within seven days of the date of this Order, an undertaking by Mr. Vukalo that he shall not, for the duration of these proceedings, give any media interviews about these proceedings generally and his testimony relating thereto.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this twenty-fifth day of September 1997
At The Hague,
[Seal of the Tribunal]