Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
15 June 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., Ms. Ksenija Turkovic, Mr. Stephen M. Sayers and Mr. Robert A. Stein, 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"),

NOTING that one of the accused, Dario Kordic, is for medical reasons unable to attend today at the seat of the International Tribunal,

NOTING that the Defence for the accused, Dario Kordic, agreed to continue with the proceedings in the absence of this accused so as to complete the testimony of the witness being cross-examined by counsel for the second accused, Mario Cerkez,

NOTING FURTHER that the Defence for the accused, Dario Kordic, has agreed to proceed with the direct examination of the next witness in the absence of the accused, subject to satisfactory arrangements being made to provide the accused, Dario Kordic, with an opportunity to review the video- and audio-tapes of the testimony of this witness and to discuss the content of the testimony with his counsel before the resumption tomorrow of proceedings in the presence of both accused,

NOTING ALSO that the Trial Chamber has today granted certain protective measures to this witness, including the use of the pseudonym G, and for the testimony of the witness to be heard in closed session,

CONSIDERING that it is necessary for the recordings of the closed session testimony of this witness to be physically removed from the sealed archives of the Registry for transportation to the United Nations Detention Unit and review by the accused, Dario Kordic,


PURSUANT TO RULES 54 and 75 of the Rules of Procedure and Evidence of the International Tribunal,


  1. ORDERS that the protective measures granted today in respect of witness G shall continue to apply in full force and effect and at all times to the recordings that are to be removed from the sealed archives of the Registry and provided to the accused, Dario Kordic; and
  2. REQUESTS the Registrar of the International Tribunal to take all necessary steps to ensure that:
  1. the recordings of the testimony of witness G remain at all times within the custody and control of members of the staff of the Registry, including those at the United Nations Detention Unit;
  2. the recordings are returned to the sealed archives of the Registry no later than 10 a.m. on Wednesday 16 June 1999; and
  3. no unauthorised copies are made thereof.


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

Richard May

Dated this fifteenth day of June 1999
At The Hague
The Netherlands

[Seal of the Tribunal]