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:
06 October 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON CONFIDENTIAL PROSECUTION MOTION PURSUANT TO RULE 75(G) FOR VARIATION OF PROTECTIVE MEASURES FOR WITNESSES B-1407, B-1408, B-1411, and B-1450

__________________________________________________

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 "Prosecution Motion pursuant to Rule 75(G) for Variation of Protective Measures", filed by the Office of the Prosecutor ("Prosecution") on 05 September 2003 ("Motion"),

NOTING that the protective measures ordered in the Jelisic case1 with respect to Witnesses B-1407, B-1408, B-1411, and B-1450 ("protected witnesses") 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)(ii) of the Rules,2

CONSIDERING that the variations, as set out in the Motion, and other protective measures are appropriate and should be granted,

PURSUANT TO Rule 75 of the Rules,

HEREBY ORDERS as follows:

  1. The protective measures ordered in respect of the protected witnesses in the Jelisic case, as varied by the Order of 04 June 2002, are FURTHER VARIED to allow in the current case the following:
    1. public reference to the fact that the protected witnesses testified in the Jelisic case;
    2. public admission of and reference to open session transcripts, redacted where necessary, of trial testimony in the Jelisic case; and
    3. public admission of and reference to exhibits publicly tendered or used in the course of trial testimony in the Jelisic case.
  1. The protective measures ordered in respect of the protected witnesses in the Jelisic case, as varied by the Order of 04 June 2002, are FURTHER VARIED to allow in the current case reference to and use of the following:
    1. pseudonyms in the Jelisic case in the course of testimony given by the protected or other witnesses in the current case; and
    2. pseudonyms in the Jelisic case in exhibits admitted or used in public by the protected or other witnesses in the current case.
  1. The names, addresses, whereabouts of and identifying data concerning the protected witnesses shall be sealed and not included in any of the public records of the International Tribunal.
  2. To the extent that the names, addresses, whereabouts or other identifying data concerning the protected witnesses are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents.
  3. Documents of the International Tribunal identifying the protected witnesses shall not be disclosed to the public or the media.
  4. The public and the media may not photograph, video-record or sketch the protected witnesses while on the premises of the International Tribunal.
  5. All material pertaining to the protected witnesses shall be returned to the Registry following the close of this proceeding.
  6. In all other respects, the protective measures ordered in the Jelisic case for the protected witnesses shall continue, mutatis mutandis, to have effect in the current case.
  7. All provisions of this Decision shall apply equally to the amici curiae and the legal associates of the Accused.

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 6th day of October 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. See Prosecutor v. Goran Jelisic, Case No. IT-95-10-T.
2. See Prosecutor v. Goran Jelisic, "Judgement", Case No. IT-95-10-A, 05 July 2001.