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:
30 July 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON CONFIDENTIAL AND IN PART EX PARTE PROSECUTION MOTION FOR TRIAL RELATED PROTECTIVE MEASURES FOR DRAGAN ERDEMOVIC

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy 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 ("the International Tribunal"),

BEING SEISED of a Confidential and in part Ex Parte Prosecution Motion for Trial Related Protective Measures for Witness B-1241 ("Motion"), filed by the Office of the Prosecutor ("Prosecution") on 24 July 2003, seeking permission to call Dragan Erdemovic (referred to in the Motion as B-1241) under protective measures,

NOTING that the protective measures sought in respect of Dragan Erdemovic, as set out both in the Motion and orally, are reasonable and should be granted,

CONSIDERING that the Trial Chamber is satisfied that it is in the interests of justice to permit the Prosecution to call Dragan Erdemovic,

PURSUANT TO Rule 75 of the Rules of Procedure and Evidence,

HEREBY ORDERS as follows:

  1. The testimony of Dragan Erdemovic shall be given by means of image distortion and voice distortion;
  2. The public and the media may not photograph, video-record or sketch the Protected Witness while he is on the premises of the International Tribunal;
  3. All material pertaining to the Protected Witness shall be returned to the Registry following the close of this proceeding;
  4. All provisions of this Decision shall apply equally to the amici curiae;
  5. The current address, whereabouts of and related identifying data concerning the Protected Witness shall not be disclosed to the public or the media and shall remain sealed and not included in any public records of the International Tribunal;
  6. To the extent that the current address, whereabouts or other relevant identifying data concerning the Protected Witness are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents.

For the purpose of this decision, "the public" means and includes all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal, the staff of the Registry, the Prosecutor, and the accused and the amici curiae. "The public" also includes, without limitation, families, friends, and associates of the accused; the accused and defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.

 

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

___________________
Richard May
Presiding

Dated this thirtieth day of July 2003
At The Hague
The Netherlands

[Seal of the Tribunal]