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: 1 October 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON THE PROSECUTIONS MOTION FOR PROTECTIVE MEASURES FOR WITNESS "R"
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 for Protective Measures for Witness "R"" (Official Record at Registry Page (RP) D4036 - D4039), filed by the Office of the Prosecutor ("Prosecution") on 22 July 1997 ("Motion");
NOTING that the Prosecution seeks two protective measures for Witness "R", namely non-disclosure of his name to the public and distortion of his visual image;
NOTING that during oral argument of the Motion before the Trial Chamber on 1 September 1997, none of the Defence Counsel took specific exception to the Prosecutions request for protection of Witness "R";
CONSIDERING Article 20 of the Statute of the International Tribunal ("Statute") 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 Article 22 of the Statute of the International Tribunal which obliges the International Tribunal in its Rules of Procedure and Evidence ("Rules") to prescribe measures 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;
NOTING the findings of this Trial Chamber in Prosecutor v. Zejnil Delalic et al., Decision on the Motion by the Prosecution for Protective Measures for the Witness Designated by the Pseudonym "N" (IT-96-21-T), 28 April 1997 (RP D3448 - D3456);
CONSIDERING that the protective measures sought strike the appropriate balance between the rights of the accused and the protection of Witness "R";
FOR THE FOREGOING REASONS,
PURSUANT TO RULE 75,
HEREBY ORDERS THE FOLLOWING.
(1) The name, address, whereabouts and other identifying information concerning the person designated by the pseudonym "R" shall not be disclosed to the public or the media.
(2) The name, address, whereabouts and other identifying information concerning the status of Witness "R" as a witness in these proceedings shall be sealed and not included in any of the public documents of the International Tribunal.
(3) To the extent the name, address, whereabouts and other identifying information concerning the status of Witness "R" as a witness are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents.
(4) Documents of the International Tribunal identifying Witness "R" shall not be disclosed to the public or the media.
(5) The pseudonym "R" shall be used whenever this witness is referred to in his capacity as a witness in the present proceedings before this Trial Chamber and in discussions among parties to the proceedings.
(6) The testimony of Witness "R" shall be given in open session hearings at which image altering devices will be employed to prevent his visual image from recognition by the public or the media.
(7) The Trial Chamber may determine that any part of the testimony of Witness "R", including evidence relating to his identity, should be heard in private session(s).
(8) If pursuant to a determination of the Trial Chamber, any part of the testimony of Witness "R" is heard in private session hearings, edited recordings and transcripts of the private session(s) shall be released to the public and the media after review by the Prosecution and the Victims and Witnesses Unit to ensure that no information leading to the possible identification of the witness is disclosed.
(9) The accused, the Defence Counsel and its representatives who are acting pursuant to its instructions or request, shall not disclose the name of Witness "R", or other identifying data concerning Witness "R", to the public or to the media, except to the limited extent such disclosure to members of the public is necessary to investigate the witness adequately. Any such disclosure shall be made in such a way as to minimise the risk of the witness name being divulged to the public at large or to the media.
(10) The public and the media shall not photograph, video-record or sketch Witness "R" while he is in the precincts of the International Tribunal.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this first day of October 1997
At The Hague,
[Seal of the Tribunal]