Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding

Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
22 March 2002

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTIONíS SECOND MOTION FOR SPECIFIC PROTECTIVE MEASURES FOR INDIVIDUAL WITNESSES TESTIFYING DURING THE KOSOVO PHASE OF THE TRIAL

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Mr. Dirk Ryneveld
Ms. Hildegard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michail Wladimiroff

 

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 the ex parte and confidential "Prosecutionís second motion for specific protective measures for individual witnesses testifying during the Kosovo phase of the trial" ("Motion"), filed by the Office of the Prosecutor ("Prosecution") on 15 March 2002, requesting the Trial Chamber to order that the victim/witnesses described in the Motion be permitted to testify with certain specific protective measures,

NOTING that the Motion relies on Articles 20, 21(2) and 22 of the Statute of the International Tribunal ("Statute"), and Rules 69, 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING that Article 20 of the Statute requires the Trial Chambers 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 under Article 21(2) of the Statute to a fair and public hearing, subject to Article 22 of the Statute,

CONSIDERING that, Rule 69 allows the Prosecution to apply to a Trial Chamber, under exceptional circumstances, to order the non-disclosure of the identity of a witness who may be in danger or at risk until such person is brought under the protection of the International Tribunal,

CONSIDERING that, Rule 75 allows a Trial Chamber to order, at the request of either party, appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused,

CONSIDERING that, Rule 79 allows a Trial Chamber to order, at the request of either party, appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused,

CONSIDERING that, in the Motion, the Prosecution has provided detailed reasoning in respect of each witness for whom it seeks protective measures,

CONSIDERING that, the protection sought is necessary and appropriate to protect the interests of justice and the witnesses identified in the motion, while still remains consistent with the rights of the accused,

PURSUANT TO Articles 20, 21(2), and 22 of the Statute, and Rules 69, 75 and 79 of the Rules,

HEREBY GRANTS the Motion and ALLOWS that:

  1. Witness K3 provide his testimony with the use of image distortion;
  2. Witnesses K1, K2, K4, K5, K6, K7, K10, K12, K13, K17 and K30 provide their testimony with the use of their pseudonyms and with image distortion;
  3. Witnesses K5, K7 and K30 provide their testimony with the use of voice distortion;
  4. Witnesses K21 and K25 provide their testimony with the use of their pseudonyms and in closed session.

 

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

__________________
Richard May
Presiding

Dated this twenty-second day of March 2002
At The Hague
The Netherlands

[Seal of the Tribunal]