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:
6 May 2003

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTION FOR TRIAL RELATED PROTECTIVE MEASURES FOR WITNESSES IDENTIFIED AS B-1098, B-1237, B-1775 AND B-1518

_________________________________________________

 

 

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. McCormack

 

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 "Confidential Prosecution Motion for Trial Related Protective Measures for the Witnessí Mentioned Herein and ex parte Annexe A" filed by the Prosecution on 22 May 2003, in which the Prosecution seeks:

  1. for the witnesses identified as B-1098, B-1237 and B-1775, continued use of pseudonym, voice and face distortion and the use of private session where necessary to protect the witnessesí identity; and
  2. for the witness identified as B-1518, continued use of pseudonym and closed session testimony,

NOTING the explanations provided by the Prosecution in confidential and ex parte Annex A to the Motion for the specific protective measures sought for each witness,

CONSIDERING that the Trial Chamber must determine the legal basis for granting trial related protective measures under Rules 75 and 79 and whether the Prosecution has satisfied the Chamber, in respect of each witness, that the measures sought are appropriate,

CONSIDERING the previous decisions of the Chamber in this case setting out the specific requirements for the establishment of such a legal basis,1

CONSIDERING that the Trial Chamber is satisfied that, in the case of witnesses B-1098, B-1237 and B-1775, the Prosecution has established that these witnesses and/or their families would face a real risk were it to become known that they have testified,

CONSIDERING FURTHER that the Trial Chamber is satisfied that, in the case of witness
B-1518, the Prosecution has established that the specific circumstances of this witness warrant the wholly exceptional protective measure of closed session testimony,2

CONSIDERING that the right of the Accused to a fair trial is not prejudiced by granting the protective measures sought,

PURSUANT TO RULES 75 AND 79 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY GRANTS THE MOTION AND ORDERS AS FOLLOWS:

  1. The witnesses identified in the Motion as B-1098, B-1237 and B-1775, shall continue to be referred to by the pseudonyms attributed to them, and shall be allowed to testify using voice and face distortion; and
  2. The witness identified in the Motion as witness B-1518, shall continue to be referred to by the pseudonym attributed to that witness, and shall be allowed to testify in closed session.

 

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

__________________
Richard May
Presiding

Dated this sixth day of May 2003
At The Hague

The Netherlands

[Seal of the Tribunal]


1. For example, see "Decision on Prosecution Motion for Trial Related Protective Measures for Witnesses (Bosnia)", 30 July 2002.
2. Reference is made, in this respect, to the "Confidential Decision on Prosecution Motion for Protective Measures for Sensitive Source Witnesses Testifying During the Croatia Phase of the Trial", 17 September 2002, para.15.