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:
23 January 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTION FOR CLOSED SESSION TESTIMONY FOR WITNESS B-1804

__________________________________________________

The Office of the Prosecutor

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

The Accused

Mr. 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 and partly ex parte "Prosecution Motion for closed Session Testimony for Witness B-1804", filed on 21 January 2004, seeking the extraordinary protective measure of testifying in closed session ("Motion"), and attaching letters from counsel for the witness setting out reasons for the application,

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 the witness has twice previously testified before the International Tribunal and that the circumstances in which the witness now seeks the protective measure of closed session do not appear to have materially changed,

NOTING that the Trial Chamber has already granted the witness the protective measures of testifying under a pseudonym and with facial distortion,1

NOTING the alternative to the granting of closed session testimony proposed by the Prosecution in footnote 12 of its Motion, that the witnessís protection be extended to include voice distortion and an express warning to the media concerning their reporting of the testimony,

CONSIDERING that a basis for the extraordinary protective measure of closed session testimony has not been made out in this instance,

CONSIDERING HOWEVER that the protective measures, as set out in footnote 12 the Motion, are reasonable and appropriate for the protection of the witness and the family of the witness,

CONSIDERING that the Trial Chamber is satisfied that the additional measures sought are consistent with the rights of the Accused,

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

HEREBY DENIES the MOTION, CONFIRMS the previous protective measures granted and ORDERS in addition as follows:

  1. Witness B-1804 may testify with the use of voice distortion; and
  2. The media and others are reminded that any reporting of the witnessís testimony that would tend to identify the witness would amount to a contempt of court and be punishable under Rule 77 of the Rules.

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

_______________
Richard May
Presiding

Dated this twenty-third day of January 2004
At The Hague
The Netherlands

[Seal of the Tribunal]
1. "Decision on Prosecutionís Fourth Omnibus Motion for Leave to Amend the Witness List and Request for Protective Measures", 21 November 2003.