IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
12 February 2002

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTIONíS MOTION FOR PROTECTIVE MEASURES

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Mr. Daniel Saxon
Mr. Dirk Ryneveld
Ms. Julia Baly
Ms. Cristina Romano
Mr. Daryl A. Mundis
Mr. Milbert Shin

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michail Wladimiroff

 

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 an ex parte and confidential "Prosecutionís Second Motion for Protective Measures" filed by the Office of the Prosecutor ("Prosecution") on 1 February 2002 ("Motion"), seeking a variety of protective measures for a specified witness ("the Witness") both at the pre-trial and the trial stages of the proceedings,

NOTING the Decision of the Trial Chamber of 4 January 2002 granting similar measures in respect of certain witnesses,

CONSIDERING that Article 20 of the Statute requires the Trial Chamber to ensure that proceedings are conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses,

CONSIDERING the rights of the accused under Article 21, paragraph 2, of the Statute to a fair and public hearing, subject to Article 22 of the Statute,

CONSIDERING the confidential Decision on Prosecutionís Motion for Order of Non-disclosure issued by the pre-trial Judge on 19 July 2001, which remains in full force and effect,

CONSIDERING that, save as otherwise provided in this Decision, the protection sought is necessary and appropriate to protect the Witness, while still remaining consistent with the rights of the accused,

PURSUANT TO Articles 20, 21, paragraph 2, and 22 of the Statute

HEREBY GRANTS the Motion in part and ORDERS as follows:

(1) the Prosecution may refer to the Witness by the pseudonym given in the Motion when referring to the Witness in public until such time as the Witness is called to testify and the protection set out in this Decision shall apply to the Witness until further order;

(2) the Prosecution shall disclose the name and other redacted information of the Witness to the amici curiae not less than 30 days and to the accused not less than 10 days before the Witness is expected to testify;

(3) The Prosecution shall be at liberty to apply for specific protective measures for the Witness when testifying, including the use of pseudonym, image distortion and closed sessions, prior to the date on which the Witness is to testify;

(4) All hearings to consider the issue of protective measures for the Witness shall be held in closed session and only released to the public and to the media after review by the Prosecution, in consultation with the Victims and Witnesses Section;

(5) All material pertaining to the Witness shall be returned to the Registry following the close of this proceeding;

(6) All provisions of this Decision shall apply equally to the amici curiae;

(7) The name and other identifying data of the Witness, including his or her whereabouts, shall not be disclosed to the public;

(8) The name, address, whereabouts of and identifying data concerning the Witness shall be sealed and not included in any public records of the International Tribunal;

(9) To the extent that the name, address, whereabouts or other identifying data concerning the Witness are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents; and

(10) Documents of the International Tribunal identifying the Witness shall not be disclosed to the public or the media.

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 twelfth day of February 2002
At The Hague
The Netherlands

[Seal of the Tribunal]