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:
25 September 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTION TO ADD WITNESS B-1793 AND FOR CONTINUATION OF PROTECTIVE MEASURES FOR THAT WITNESS

__________________________________________________

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 ("the International Tribunal"),

BEING SEISED of a confidential "Prosecutionís Motion to Vary the Witness List in Order to Add Witness B-1793 to the Witness List Pursuant to Rule 73 bis (D) and for Protective Measures Granted to be Carried Forward in the Instant Trial", filed on 12 September 2003 ("Motion"), and the confidential Addendum to that Motion, filed on 17 September 2003, by which the Prosecution seeks:

  1. The variation of the witness list in order to add the witness B-1793 to its Rule 65ter list, having shown "good cause" why this should be allowed; and
  2. That, pursuant to Rule 75 (F) of the Rules of Procedure and Evidence ("Rules"), the protective measure of closed session granted by the Trial Chamber in a prior case be carried forward into this trial, there being legitimate concerns for the safety of the witness and the witnessís family, as well as other security concerns set out in the filings,

CONSIDERING that the extraordinary protective measure of closed session testimony will only be granted where it can be shown that there is a very real risk to the witness and/or his family, that the right of the Accused to a fair trial is not violated and that no less restrictive protective measure can adequately deal with the witnessís legitimate concerns,

CONSIDERING that, where protective measures have been granted in previous proceedings before the International Tribunal, a reasonable expectation exists Ė which is always subject to the particular circumstances of an application Ė that these measures will continue in subsequent proceedings in which the witness comes to testify,

CONSIDERING that such circumstances apply to this Motion,

CONSIDERING FURTHER that the content of the evidence it is proposed the witness will give is significant,

CONSIDERING that the Trial Chamberís ruling subsequent to the filing of the Prosecutionís pre-trial material for the Croatia and Bosnia part of these proceedings, that it would only allow the admission of additional material by the Prosecution on good cause being shown,1 is satisfied in respect of this witness,

PURSUANT TO Rules 73bis, 75 and 79 of the Rules of Procedure and Evidence

HEREBY GRANTS THE MOTION AND ORDERS AS FOLLOWS:

  1. Witness B-1793 may be added to the witness list; and
  2. The protective measure of closed session testimony granted Witness B-1793 in previous proceedings before the International Tribunal shall continue and the witness may testify in closed session.

 

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

________________
Richard May
Presiding

Dated this twenty-fifth day of September 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. "Decision on Prosecution Request for Agreement of Trial Chamber to Amend Schedule of Filings", 18 April 2002, p.3.