IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
19 October 1999

PROSECUTOR

v.

DRAGAN KOLUNDZIJA

___________________________________________________________

ORDER FOR PROTECTIVE MEASURES

____________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Counsel for the Accused:

Mr. Dusan Vucicevic

 

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 "Prosecution’s Motion to protect victims and witnesses" filed by the Office of the Prosecutor ("Prosecution") on 1 October 1999 ("the Motion") seeking protective measures in respect of victims and witnesses who may be called at trial,

NOTING that the Defence has raised no objections to the protective measures sought,

CONSIDERING that Article 20 of the Statute of the International Tribunal ("the Statute") requires the Trial Chamber to ensure that proceedings are conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses,

CONSIDERING the rights of the accused as set forth in Article 21 of the Statute and, in particular, the right of the accused to have adequate time and facilities for the preparation of his defence,

CONSIDERING that Article 22 of the Statute requires the International Tribunal to provide in its Rules of Procedure and Evidence ("Rules") for the protection of victims and witnesses,

CONSIDERING the provisions of Rules 69, 75 and 79 of the Rules concerning the protection of witnesses,

CONSIDERING ALSO the obligations imposed by the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal and the codes of any national body or organization to which counsel may belong,

PURSUANT TO Articles 20 and 22 of the Statute and Rules 69, 75 and 79 of the Rules

HEREBY ORDERS as follows:

1) Subject to any further applications for protective measures in respect of individual witnesses, the Prosecution shall immediately provide the Defence with unredacted copies of all witness statements that accompanied the Indictment or the Amended Indictment when confirmation was sought;

2) the Prosecution, the accused, his counsel and their representatives shall not disclose to the public, to the media or to family members and associates the identity, whereabouts or any other identifying information of witnesses, except for reasons related to the preparation of the case;

3) the Prosecution, the accused, his counsel and their representatives shall not disclose to the public, to the media or to family members and associates the substance, in part or in whole, of the witness statements which the Prosecutor provides pursuant to discovery, except for reasons related to the preparation of the case;

4) the Prosecution and the Defence shall each maintain a log indicating the name, address and position of each person or entity which receives a copy of a witness statement, as well as the date of disclosure. If there is a perceived violation of the orders described herein, either the Prosecution or the Defence shall notify the Trial Chamber which may either review the alleged violations or may refer the matter to a designee, such as the duty Judge. If the Trial Chamber refers the matter to a duty Judge, the duty Judge shall review the disclosure logs, make factual determinations, and report back to the Trial Chamber with a recommendation as to whatever action seems appropriate;

5) the Prosecution and the Defence shall instruct those persons who have received a copy of the statements not to reproduce them, under pain of sanction for contempt of the Tribunal, and to return the said documents as soon as they are no longer required;

6) the Prosecution and the Defence shall verify that those individuals who have received a copy of the statements comply strictly with their obligations not to reproduce them, and to return them as soon as they are no longer required;

7) the Defence may only contact a witness or potential witness identified to it by the Prosecution, or a person whose written statement(s) or non-public or protected testimony has been disclosed by the Prosecution, on reasonable prior written notice to the Prosecution.

For the purposes of this Order, the term "public" means and includes all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal and the staff of the Registry, the Prosecution, and the Defence. "The public" specifically includes, without limitation, families, friends and associates of the accused; the accused in other cases or proceedings before the International Tribunal; defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.

Done in both English and French, the English text being authoritative.

__________________________________
Richard May
Presiding

Dated this nineteenth day of October 1999
At The Hague
The Netherlands

[Seal of the Tribunal]