Case No. IT-04-74-PT

BEFORE THE TRIAL CHAMBER

Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie

Registrar:
Mr. Hans Holthuis
Order of:
30 July 2004

PROSECUTOR

v.

JADRANKO PRLIC
BRUNO STOJIC
SLOBODAN PRALJAK
MILIVOJ PETKOVIC
VALENTIN CORIC
BERISLAV PUSIC

__________________________________

ORDER FOR PROTECTIVE MEASURES

__________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Camil Salahovic and Mr. Zelimir Par for the accused Mr. Jadranko Prlic
Mr. Zeljko Olujic for the accused Mr. Bruno Stojic
Mr. Bozidar Kovacic and Ms. Nika Pinter for the accused Mr. Slobodan Praljak
Ms. Vesna Alaburic for the accused Mr. Milivoj Petkovic
Mr. Tomislav Jonjic for the accused Mr. Valentin Coric
Mr. Marinko Skobic for the accused Mr. Berislav Pusic

 

TRIAL CHAMBER I ("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 ("Tribunal");

BEING SEISED of the "Prosecutionís Motion for Protective Measures" filed confidentially on 6 April 2004 whereby the Prosecution seeks an order establishing various appropriate protective measures for victims, witnesses, evidence and materials which are disclosed to each accused in the course of this case ("Motion");

NOTING that the Defence of the accused Prlic, Stojic, Praljak, Petkovic, Coric and Pusic ("Accused") does not oppose the Motion provided that the rights of the Accused to a fair trial are not infringed;(1)

CONSIDERING that under the Rules of Procedure and Evidence ("Rules"), non disclosure is the exception; that according to Rule 53 the onus is placed on the Prosecutor to demonstrate in each case the existence of exceptional circumstances justifying an order for non-disclosure;(2)

CONSIDERING that at this early stage in the proceedings the Prosecutor has sufficiently established the existence of exceptional circumstances and that it is in the interests of justice to ensure protection of victims and potential witnesses;

FOR THE FOREGOING REASONS

PURSUANT TO Articles 21 and 22 of the Statute of the International Tribunal and Rules 53, 54, 69, 75 and 79 of the Rules;

HEREBY ORDERS as follows:

  1. For the purposes of the present disposition:
    1. The term "public" shall be defined to include all persons, governments, organisations, entities, clients, associations, and groups other than the Judges of the Tribunal and the staff of the Registry (assigned to either Chambers or the Registry), the Prosecutor of the Tribunal and her staff, the accused Prlic, Stoljic, Praljak, Petkovic, Coric and Pusic, their Defence counsel, legal advisers, legal assistants and other members of the Defence ("Defence"), their agents or representatives. The term "public" specifically includes, without limitation, families, friends and associates of the Accused before the Tribunal and their Defence counsel, and the media and journalists,
    2. The term "Defence" or "The Accused Defence" as designated above, means and includes only the accused Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoj Petkovic, Valentin Coric and Berislav Pusic and counsel(s) and their immediate assistant(s) and staff, and others specifically assigned by the Tribunal to the accusedís trial defence teams and specifically identified in a list to be maintained by each lead counsel. Any and all additions and deletions to the initial list in respect of any of the above categories of persons who are necessarily identified and properly involved in the preparation of the defence shall be notified to the Trial Chamber in similar fashion within seven days of such additions or deletions,
    3. The term "media" shall be defined as all video, audio, and print media personnel, including journalists, authors, television and radio personnel, and their agents and representatives,

  2. Upon disclosing material to the Defence under Rules 66(A)(ii) and 68, the Prosecutor shall identify clearly which parts of the disclosed material are already in the public domain and which parts include statements from victims and witnesses that have not been used before in other proceedings of the Tribunal or have been subject to continuing protective measures and are therefore not in the public domain,
  3. Unless directly and specifically necessary for the preparation and presentation of the Defence case, the Defence or the Accused shall not disclose to the public any material disclosed pursuant to Rules 66(A)(i) and 68 (including material that previously covered by Rule 70), that has been identified by the Prosecutor as being in the public domain, including
    1. the identities and whereabouts of witnesses to the extent that these are known to the Defence or the Accused,
    2. any evidence (including documentary, physical or other evidence) or any written statement of a witness or potential witness, or the substance, in whole or in part, of any non-public evidence, statement or prior testimony disclosed to the Defence or the Accused pursuant to Rules 66(A)(ii) and 68 of the Rules,

  4. If the Defence or the Accused find it directly and specifically necessary for the preparation and presentation of the case to disclose protected information to a member of the public, they shall inform each person among the public to whom non-public material or information is shown or disclosed, that that member of the public shall not copy, reproduce or publicise such material or information, in whole or in part, or show or disclose it to any other person and they shall obtain non disclosure agreements from third parties as a precondition for the release of the material to them. If provided with the original or any copy or duplicate of such material, such member of the public shall return it to the Defence when the material is no longer necessary for the preparation and presentation of the Accusedís cases,
  5. If the Defence teams in this case, or a member thereof, withdraw from the case, any confidential or non-public material in their possession shall be returned to the Registry of the Tribunal including all disclosed material and copies thereof which are not included in the public record,

  6. Any breach of this Order shall be dealt with in accordance with Rule 77 of the Rules ("Contempt of the Tribunal").

Done in French and English, the English version being authoritative.

Dated this 30th day of July 2004.
At The Hague,
The Netherlands.

_________________
Judge Alphons Orie
Pre-trial Judge

[Seal of the Tribunal]


1. Response of the Accused Prlic to the Prosecutionís Motion for Protective Measures, 13 April 2004 (filed on 22 April 2004); Response of the Accused Bruno Stojic to the Prosecutionís Motion for Protective Measures, 13 April 2004; Response of the Accused Slobodan Praljak to the Prosecutionís Motion for Protective Measures, 13 April 2004; Response of the Accused Milivoj Petkovic to the Prosecutionís Motion for Protective Measures, 13 April 2004; Response of the Accused Valentin Coric to the Prosecutionís Motion for Protective Measures, 13 April 2004; Response of the Accused Berislav Pusic to the Prosecutionís Motion for Protective Measures, 13 April 2004.
2. Decision on Motion by Prosecution for Protective Measures, Prosecutor v. Radoslav Brdjanin and Momir Talic, Case No. IT-99-36-T, decision of 3 July 2000, paras 16 and 22.