Case No.: IT-02-54-T
Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
11 March 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
__________________________________
ORDER ON PROSECUTION MOTION FOR TRIAL RELATED PROTECTIVE MEASURES FOR RULE 92 BIS WITNESSES ADMITTED WITHOUT CROSS-EXAMINATION
__________________________________
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
Prof. 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 ("International Tribunal"),
BEING SEISED OF a "Confidential Prosecution Motion for Trial Related Protective Measures for 92 bis Witnesses Admitted Without Cross-Examination and Confidential and Ex Parte Annexe", filed 25 February 2004, in which the Prosecution seeks protective measures (pseudonyms and publicly redacted transcripts or statements) for witnesses
B-1695, B-1756, B-1613 and B-1462, whose testimony has been admitted into evidence without cross-examination in these proceedings,
CONSIDERING that the protective measures sought in respect of the witnesses B-1756, B-1613 and B-1462, as set out in the Motion, are reasonable and appropriate for the protection of the witnesses and the families of the witnesses,
CONSIDERING that the Trial Chamber is satisfied that the measures sought in respect of these witnesses are consistent with the rights of the Accused,
CONSIDERING HOWEVER that the Trial Chamber is not satisfied that the protective measures sought in respect of witness B-1695 are justified, given that the witness testified in open session in the Brdanin case and that it is only his testimony from those proceedings that has been admitted into evidence in this case pursuant to Rule 92 bis (D),
PURSUANT TO Rule 75 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
__________
Judge Robinson
Presiding
Dated this eleventh day of March 2004
At The Hague
The Netherlands