Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mrs Dorothee de Sampayo Garrido-Nijgh

Order of:
26 October 2000







The Office of the Prosecutor:

Ms Hildegard Uertz-Retzlaff
Ms Peggy Kuo

Counsel for the Accused:

Mr Mihajlo Bakrac
Mr Miroslav Vasic


THIS TRIAL CHAMBER of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal");

NOTING the "Motion for Protective Measures for Witnesses at Trial" filed confidentially by the Office of the Prosecutor ("Prosecution") on 16 October 2000 ("Motion") in which the Prosecution seeks protective measures for twenty-six witnesses who are to testify at trial and whose names are identified in an Annex to the Motion;

NOTING the pre-trial conference held on 26 October 2000 in which the Prosecution also requested protective measures in respect of a further witness, FWS-96;

NOTING that the protective measures sought include the assignment of pseudonyms for twenty-six of the twenty-seven witnesses, facial distortion in the case of twenty-five of the twenty-six witnesses and voice distortion in the case of one witness;

NOTING that the Prosecution provides in the Motion as the reason for the request for protective measures the fact that all of the witnesses the subject of the Motion either intend to return to Bosnia and Herzegovina and in particular the municipalities of Foca and Goražde, or have family members already living there or intending to return, and that to disclose publicly the identities of the witnesses would cause a security threat to them and their families;

NOTING that the security threat which the witnesses fear on the above basis is identified specifically in the Motion as that of physical reprisals;

NOTING the oral indication of counsel for the accused Milorad Krnojelac that the accused does not oppose the grant of the protective measures sought in the Motion;

CONSIDERING that the measures requested for the protection of the witnesses are consistent with the rights of the accused and that their effect on the public nature of the proceedings would be limited;

NOTING the Order on the Prosecutor’s Motion to Protect Victims and Witnesses issued by the Trial Chamber on 6 October 1998 in which the Trial Chamber ordered that the accused, his defence counsel, and their representatives who are acting pursuant to their instructions or requests, not disclose to the public, to the media or to family members and associates the names of witnesses, their whereabouts, copies of witness statements, the content of their witness statements or any information which would enable them to be identified and would breach the confidentiality of court proceedings unless necessary for the preparation of the defence;

NOTING that the above order was not limited by date and continues in force throughout the proceedings or until further order;

PURSUANT TO Rule 75 of the Rules of Procedure and Evidence


  1. The witnesses identified in the Motion as FWS-08, FWS-12, FWS-33, FWS-35, FWS-54, FWS-66, FWS-73, FWS-76, FWS-77, FWS-78, FWS-86, FWS-96, FWS-104, FWS-109, FWS-111, FWS-115, FWS-120, FWS-138, FWS-139, FWS-142, FWS-144, FWS-146, FWS-162, FWS-192, FWS-198 and FWS-210 shall be referred to by these pseudonyms at all times in the course of their testimony or whenever referred to in the course of the proceedings whether during the hearing or in documents, including the transcript of the proceedings;

  2. The witnesses identified as FWS-08, FWS-33, FWS-35, FWS-54, FWS-66, FWS-71, FWS-73, FWS-76, FWS-77, FWS-78, FWS-86, FWS 96, FWS-104, FWS-109, FWS-111, FWS-115, FWS-120, FWS-138, FWS-139, FWS-142, FWS-144, FWS-146, FWS-162, FWS-192, FWS-198 and FWS-210 shall testify with the use of screening from the public and the device of facial distortion shall be used in relation to the audio-visual recording and transmission of the testimony of those witnesses;

  3. The witness identified as FWS-104 shall also testify with a voice-distortion device applied to the audio-visual recording and transmission of the testimony of that witness.

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


Judge David Hunt
Presiding Judge

Dated this 26th day of October 2000
At The Hague,
The Netherlands

[Seal of the Tribunal]