IN TRIAL CHAMBER II

Before:
Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Registrar:
Mr Hans Holthuis

Decision of:
24 July 2001

PROSECUTOR

v

Mitar VASILJEVIC

_______________________________________________________

ORDER ON PROTECTIVE MEASURES FOR WITNESSES AT TRIAL

_______________________________________________________

The Office of the Prosecutor:

Mr Dermot Groome
Mr Ossogo
Ms Sabine Bauer

Counsel for accused

Mr Vladimir Domazet

 

TRIAL CHAMBER II

NOTING the "Prosecutionís Third Motion For Protective Measures for Victims and Witnesses" ("Motion") filed confidentially by the Office of the Prosecutor ("Prosecution") on 11 July 2001 in which the Prosecution seeks protective measures for twenty-six witnesses who are to testify at trial and whose names are identified in the Motion;

NOTING that the Protective Measures sought are the assignment of pseudonyms and facial distortion;

NOTING that the Prosecution provides in the Motion as reasons for the request for protective measures the fact that the two co-accused on this indictment have not yet been apprehended, and the fact that all witnesses the subject of the Motion either return to the Visegrad area, or intend to return to the Visegrad area, or have family members already living there or intending to return, and that to disclose publicly the identities of the witnesses could cause a security threat to them and their families;

NOTING the opposition of the Defence stated at the Pre-Trial Conference held on 20 July 2001 to the protective measure sought on the ground that the identity of those witnesses may still be discovered by persons from the Visegrad area despite the protective measures being granted and that the accused may be blamed for such discovery;

CONSIDERING that the opposition of the Defence does not raise any relevant issue of substance concerning the rights of the accused in relation to the fairness of his trial;

CONSIDERING that the measures requested for the protection of the witnesses are consistent with such rights of the accused and that their effect on the public nature of the proceedings would be limited;

NOTING the Order on the Prosecutionís Motion for Protective Measures issued by the Trial Chamber on 8 September 2000 in which the Trial Chamber ordered that the accused, his defence counsel and their representatives who are acting pursuant to their instructions or requests, not disclose to the public or to the media the names of witnesses, their whereabouts, copies of witness statements, the content of their witness statements or any information which would enable them to be identified unless necessary for the preparation of the defence;

NOTING that the above order was not limited by date and continues in force throughout the proceedings or until further order;

PURSUANT TO Rule 75 of the Rules of Procedure and Evidence;

HEREBY ORDERS THAT:

  1. The witnesses identified in the Motion as VG- 13, VG- 38, VG- 14, VG- 64, VG- 59, VG- 55, VG- 101, VG- 77, VG- 78, VG- 71, VG- 80, VG- 79, VG- 81, VG- 82, VG- 105, VG- 18, VG- 61, VG- 84, VG- 19, VG- 48, VG- 21, VG- 87, VG- 22, VG- 11, VG- 97 and VG- 98 shall be referred to by these pseudonyms at all times in the course of their testimony or whenever referred to in the course of the proceedings whether during the hearing or in documents, including the transcript of the proceedings;

  2. The witnesses identified as VG- 13, VG- 38, VG- 14, VG- 64, VG- 59, VG- 55, VG- 101, VG- 77, VG- 78, VG- 71, VG- 80, VG- 79, VG- 81, VG- 82, VG- 105, VG- 18, VG- 61, VG- 84, VG- 19, VG- 48, VG- 21, VG- 87, VG- 22, VG- 11, VG- 97 and VG- 98 shall testify with the use of screening from the public and the device of facial distortion shall be used in relation to the audio-visual recording and transmission of the testimony of those witnesses.

 

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

Dated this 24th day of July 2001,
At The Hague,
The Netherlands.

______________________
Judge David Hunt
Presiding Judge

[Seal of the Tribunal]