IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
1 March 2000
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
______________________________________
ORDER FOR PROTECTIVE MEASURES
The Office of the Prosecutor:
Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Counsel for the Accused:
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr.
Turner T. Smith, Jr., Mr. Robert A. Stein, Mr. Stephen M. Sayers and
Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic,
for Mario Cerkez
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 ("the International Tribunal"),
BEING SEISED OF an oral ex parte motion for protective measures raised by the Office of the Prosecutor ("Prosecution") on 29 February 2000 ("the Motion"), concerning a witness whose identity is known to the Trial Chamber ("the Witness"),
NOTING the Order of this Trial Chamber of 19 March 1999 authorising the Prosecution, inter alia, to delay disclosure of the name or statements of the Witness until ten days before the Witness is due to testify in this case, and imposing a number of protective measures in respect of the Witness,
NOTING that the Prosecution has indicated that it will now seek to admit into evidence the transcript of the Witness’s prior testimony before the International Tribunal in another case,
NOTING that the Prosecution now wishes to serve the statement of the Witness and the transcript of the Witness’s prior testimony on both the Kordic Defence and the Cerkez Defence, subject to certain protective measures,
CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
CONSIDERING that the Order of 19 March 1999 continues in full force and effect,
PURSUANT TO Rules 75 and 79 of the Rules
HEREBY EXTENDS the provisions of its Order of 19 March 1999 to apply, mutatis mutandis, to the release of the statement of the Witness and the transcript of the Witness’s prior testimony to both the Kordic Defence and the Cerkez Defence and ORDERS as follows:
Done in English and French, the English text being authoritative.
_____________________________
Richard May
Presiding
Dated this first day of March 2000
At The Hague
The Netherlands
[Seal of the Tribunal]