IN THE TRIAL CHAMBER
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Mrs Dorothee de Sampayo Garrido-Nijgh
5 June 2000
ORDER ON THE PROSECUTION MOTIONS FOR PROTECTIVE MEASURES AND FOR EXTENSION OF TIME
Office of the Prosecutor:
Mr Franck Terrier
Counsel for the Defence:
Mr Nikola Kostich
TRIAL CHAMBER I 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 "Tribunal");
BEING SEIZED of the Prosecutions Motion for protective measures for witnesses (the "Motion for protective measures"), orally submitted at the status conference on 11 April 2000; and also of the "Prosecutors Motion for Extension of Time", dated 8 May 2000 (the "Motion for extension of time"), in which the Prosecution requests that the time for disclosure of the materials pursuant to Rule 66(A)(ii) of the Rules of Procedure and Evidence (the "Rules") be extended to 15 May 2000, for the English version, and to 8 June 2000, for the "BCS" version;
RECALLING that at the status conference on 11 April 2000, the Trial Chamber ordered the Prosecution to complete the disclosure of materials pursuant to Rule 66(A)(ii) within four weeks at the latest,1 that is by 9 May 2000;
CONSIDERING that the expeditious disclosure by the Prosecution of these materials in a language which the accused understands is fundamental to the fairness of the trial in that it will allow the Defence to prepare its case;
NOTING that at the status conference on 11 April 2000, the Defence expressed its partial agreement with the Motion for protective measures;2
RECALLING its preliminary oral Decision on the Motion for protective measures rendered at the status conference on 11 April 2000;3
CONSIDERING that it is incumbent upon the Trial Chamber to take the necessary measures for the protection of witnesses;
PURSUANT to Articles 20, 21 and 22 of the Statute of the Tribunal, and Rules 66, 68 and 75;
ORDERS AS FOLLOWS:
1. The Prosecution shall complete the disclosure of the materials in "BCS" pursuant to Rule 66(A)(ii) by 8 June 2000 at the latest;
2. The Defence shall not divulge to the media any non-public documents provided by the Prosecutor, including the witness statements or any other materials disclosed to the Defence pursuant to Rules 66 and 68;
3. Unless directly necessary in order to prepare and present its case, the Defence shall not disclose to the public:
any name or information enabling a witnesses to be identified, or the whereabouts of the confirmed or potential witnesses disclosed by the Prosecutor;
any documentary evidence, physical or otherwise, or any written statement of a confirmed or potential witness or the contents, in whole or in part, of any non-public evidence, statement or prior testimony;
4. If the Defence deems it necessary to disclose such information in order to prepare and present its case, it shall inform each recipient of any non-public information that he or she is forbidden to copy, reproduce or publicise them, in whole or in part, or to disclose or show them to any other person; and a person who has been provided with such information shall be required to return it to the Defence as soon as it is no longer needed for preparing and presenting the case;
5. The Defence shall keep a log of the name, address and function of any person or entity receiving the information alluded to under (4) as well as the date of disclosure;
6. If a member of the Defence team withdraws from the case, any confidential material in his or her possession shall be returned to the lead Defence counsel and, upon the conclusion of the case or upon lead Defence counsel ceasing to represent the accused, the Defence shall return to the Registry of the Tribunal all disclosed materials and copies thereof which are not included in the public record;
7. (i) The accused, his Defence counsel, and their representatives who are acting pursuant to their instructions or requests, shall contact Prosecution witnesses or potential witnesses, or any person identified in material disclosed to the accused, his Defence counsel, and their representatives acting pursuant to their instructions or requests only on reasonable prior written notice to the Prosecution; if a witness so requests, the Prosecution may be present at any meetings between that witness and the Defence; and
(ii) The Prosecution shall contact a witness or a potential witness identified to it by the Defence, or a person identified in material disclosed by the accused, his Defence counsel, and their representatives acting pursuant to their instructions or requests only on reasonable prior written notice to the Defence; if a witness so requests, the Defence may be present at any meetings between that witness and the Prosecution.
STATES that any breach of the protective measures ordered will be dealt with in accordance with Rule 77.
Done in English and French, the English version being authoritative.
Done this 5 June 2000
At The Hague,
[Seal of the Tribunal]
1. Status conference, 11 April 2000, Transcript, p.
2. Status conference, 11 April 2000, Transcript, p. 86-87.
3. Status conference, 11 April 2000, Transcript, p. 87.