IN THE TRIAL CHAMBER

Before:
Judge Claude Jorda, Presiding
Judge Fouad Abdel Monem Riad
Judge Almiro Simoes Rodrigues

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
27 January 1998

THE PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

________________________________________________________

ORDER FOR THE PROTECTION OF VICTIMS AND WITNESSES

________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon

Defence Counsel:

Mr. Leo Adreis
Mr. Mitko Naumovski
Mr. Bozidar Kovacic

 

THE TRIAL CHAMBER,

CONSIDERING the motion of the Prosecutor dated 31 October 1997,

PURSUANT to Article 22 of the Statute,

PURSUANT to Rule 75 of the Rules of Procedure and Evidence,

CONSIDERING that in the motion dated 14 October 1997 the Prosecutor requested that the Trial Chamber order protective measures for all the witnesses who may be called to appear at the trial because, without such measures, they may refuse to testify,

CONSIDERING that in her motion dated 31 October 1997 the Prosecutor repeated and amended her initial request by limiting it to a confidential list of witnesses,

CONSIDERING that Defence counsel for Dario Kordic has no objections since the Prosecutor and Defence counsel have agreed to the terms of the motion,

CONSIDERING that in a letter dated 7 November 1997, Defence counsel for Dario Cerkez indicated that he did not object to an order granting the Prosecutor’s amended motion,

CONSIDERING that further to the decisions of 19 December 1997, the Prosecutor withdrew the indictment against Ivica Santic and Pero Skopljak,

FOR THE FOREGOING REASONS,

ORDERS that the Prosecutor, the accused, their counsel and representatives shall not disclose to the public or to the media the identity of the witnesses whose names are mentioned in the confidential annex to this order; nor shall she disclose their whereabouts or any information permitting them to be identified, or their testimony, subject to the requirements which are absolutely necessary for the Defence’s preparation of its case; and orders that any disclosure shall limit as much as possible the risk that the witness’ identity might be disclosed to the public or to the media,

ORDERS that the Prosecutor and the Defence shall keep a log indicating the name, address and position of each person receiving a copy of a witness’ testimony as well as the date such testimony was given and shall submit the said log to the Trial Chamber whenever it so requests,

ORDERS that the Prosecutor and the Defence shall instruct those persons having received copies of the testimony not to reproduce them, subject to their being held in contempt of the Tribunal, and shall return them as soon as they are no longer using them; and orders that the Prosecutor and the Defence shall verify the application of these instructions.

 

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

Done this twenty-seventh day of January 1998,
At The Hague,
The Netherlands

signed
_______________________
Claude Jorda,
Presiding Judge, Trial Chamber I