IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri
Registrar:
Mr. Hans Holthuis
Order of:
16 November 2001
PROSECUTOR
v.
SLOBODAN MILOSEVIC
__________________________________________________
ORDER GRANTING PROTECTIVE MEASURES
__________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
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. Michaïl Wladimiroff
I, RICHARD MAY, Judge 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"),
HAVING BEEN DESIGNATED as pre-trial Judge in this matter by virtue of an Order of the Trial Chamber dated 4 July 2001,
BEING SEISED of a confidential ex parte "Prosecution’s Motion for Protective Measures" filed by the Office of the Prosecutor ("Prosecution") on 14 November 2001 ("the Motion"),
NOTING that the Motion contains a variety of requests, some of which are sought in relation to the preparation and filing of the Prosecution pre-trial brief and other material due to be filed on 26 November 2001 pursuant to Rule 65 ter of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), and some of which relate to other stages of the proceedings,
NOTING, in particular, the request to use pseudonyms in respect of 29 witnesses whose statements or summaries thereof are to be disclosed pursuant to Rules 65 ter and 66,
CONSIDERING the right of the accused under Article 21 of the Statute of the International Tribunal ("Statute") to a fair and public hearing, subject to Article 22 of the Statute,
CONSIDERING that Article 22 of the Statute requires the International Tribunal to provide in its Rules for the protection of victims and witnesses,
PURSUANT TO Rules 54 and 69 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY ORDER as follows:
(1) until further Order, the Prosecution may refer to the 29 witnesses identified in the Motion by the pseudonyms listed therein; and
(2) the Trial Chamber remains seised of all other requests set out in the Motion.
Done in English and French, the English text being authoritative.
_______________________________
Richard May
Pre-trial Judge
Dated this sixteenth day of November 2001
At The Hague
The Netherlands
[Seal of the Tribunal]