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
Decision of: 10 September 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON CONFIDENTIAL AND EX PARTE PROSECUTION MOTION PURSUANT TO RULE 75(G) FOR VARIATION OF PROTECTIVE MEASURES FOR WITNESS C-007
__________________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
Ms. Hildegard Uertz-Retzlaff
Mr. Dermot Groome
The Accused
Mr. 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 ("International Tribunal"),
BEING SEISED of a confidential and ex parte "Prosecution Motion for Variance of Protective Measures for Witness C007", filed by the Office of the Prosecutor ("Prosecution") on 08 September 2003 ("Motion"),
NOTING that the protective measures ordered in the Dokmanovic case with respect to Witness C-007, referenced in the Motion, continue to have effect in the present case by operation of Rule 75(F)(i) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
NOTING that no Trial Chamber remains seized of the first proceeding, within the meaning of Rule 75(G)(i) of the Rules,
HAVING directed the Prosecution orally on 11 July 2003 to make a separate application with respect to Witnesses C-007, if necessary,
CONSIDERING that the variations, as set out in the Motion, and other protective measures are appropriate and should be granted,
CONSIDERING that the protective measures granted to Witness C-007 in the Dokmanovic case have the effect of, inter alia, preventing the Trial Chamber from publicly admitting into evidence in the present case the transcript of Witness C-007’s prior testimony and related exhibits,
PURSUANT TO Rule 75 of the Rules,
HEREBY ORDERS the following:
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 10th day of September 2003
At The Hague
The Netherlands
[Seal of the Tribunal]