Judge Claude Jorda, Presiding
Judge Almiro Simoes Rodrigues

Mr. Jean-Jacques Heintz, Deputy-Registrar

Order of:
17 February 1998





The Office of the Prosecutor:

Ms. Nancy Paterson
Mr. Vladimir Tochilovsky

Defence Counsel:

Mr. Igor Pantelic
Mr. Borislav Pisarevic



NOTING the decision of Judge. Kirk McDonald, President of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991, dated 17 February 1998, authorising the Trial Chamber to sit in the absence of one of its members, pursuant to Sub-rule 15(E),

NOTING the motion of the Prosecutor dated 17 February 1998,

PURSUANT to Article 22 of the Statute of the Tribunal (hereinafter "the Statute"),

PURSUANT to Sub-rule 75(A) of the Rules of Procedure and Evidence of the Tribunal (hereinafter "the Rules"),

CONSIDERING that in her motion the Prosecutor requested that the Trial Chamber order protective measures for witnesses residing in the former Yugoslavia and for those who might be called to testify before the Trial Chamber,

CONSIDERING that, in support of her motion, the Prosecutor submits inter alia that the accused Miroslav Tadic and several inhabitants of Bosanski Samac were in possession of a statement of one of the witnesses in the Dusan Tadic case (IT-94-1-IT) without the Office of the Prosecutor having learned the source of the leak; that such a leak attests to the need for protective measures,

CONSIDERING that in respect of this last point the Defence argues that the said statement was by no means confidential; that its author has published several books and that, moreover, the entire proceedings have been broadcast on television,

CONSIDERING that, in the Prosecution’s view, it is to be feared that this might recur in the instant case whereas confidentiality must be observed throughout the proceedings,

CONSIDERING that, pursuant to Articles 20(1) and 22 of the Statute, which lay down the principle of effective victim and witness protection, and to Rule 75 which specifies its implementation, it is incumbent on the Trial Chamber to provide that protection; that the Trial Chamber must also ensure that the measures taken to that end are compatible with the accused’s right to a fair and public trial, pursuant to Article 21(2) of the Statute, and, in particular, with his right to prepare his defence properly, as the Trial Chamber has already ruled, in particular, in the Tihomir Blaskic case (IT-95-14-PT).


ORDERS that the Prosecutor, the accused, their counsel and their representatives not disclose to the public or the media the identity or whereabouts of the witnesses, or any information making it possible to identify them, nor their testimony, except for what is strictly required for the preparation of the Defence; and orders that any disclosure shall, insofar as possible, limit the risk of of the witness’ identity being disclosed to the public or the media;

ORDERS the Prosecutor and the Defence to maintain a log indicating the name, address and status of each person receiving a copy of a witness’ testimony as well as the date at which it was given and to submit such log to the Trial Chamber whenever it so requests,

ORDERS that the Prosecutor and the Defence instruct those persons who have received copies of the testimony not to reproduce them, under penalty of a sanction for contempt of the Tribunal, and to return them once they are no longer needed; and orders that the Prosecutor and the Defence verify compliance with these instructions.


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

Done this seventeenth day of February 1998
At The Hague
The Netherlands

Claude Jorda
Presiding Judge, Trial Chamber I