Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
13 April 1999







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., and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic, 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 the "Prosecutor’s Motion for additional protective measures for particular witnesses" filed by the Office of the Prosecutor ("Prosecution") on 30 March 1999 ("the Motion") seeking protective measures in respect of two witnesses identified in the Request,

HAVING HEARD the arguments of the parties in respect of the first named witness in closed session on 13 April 1999,

CONSIDERING that the relief requested by the Prosecution in the Motion is appropriate for the privacy and protection of the witness but is still consistent with the rights of the accused,

PURSUANT TO RULES 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION in respect of the first named witness AND ORDERS as follows:

  1. the pseudonym A shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;
  2. the Kordic Defence and the Cerkez Defence (as defined in the Order for Measures to Protect Victims and Witnesses issued by the Trial Chamber on 15 January 1999) shall each restrict access to the name and statements of witness A to lead counsel and the accused in person, plus two designated members each of the Kordic Defence and the Cerkez Defence, to be indicated to the Prosecution at the time of disclosure;
  3. the testimony of witness A shall be heard in closed session; edited records and transcripts of the sessions shall be released to the public and to the media after review by the Prosecution in consultation with the Victims and Witnesses Unit;
  4. the name, address, whereabouts and other identifying information concerning witness A shall be sealed and not included in any of the public records of the International Tribunal;
  5. to the extent the name of, or other identifying data concerning, witness A is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents; and
  6. documents of the International Tribunal identifying witness A shall not be disclosed to the public or the media; and
  7. the public and the media shall not photograph, video-record or sketch the protected witness while the witness is in the precincts of the International Tribunal.

The Trial Chamber remains seised of the Motion insofar as it relates to the second named witness.


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


Richard May

Dated this thirteenth day of April 1999
At The Hague
The Netherlands

[Seal of the Tribunal]