IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Dorothee de Sampayo Garrido-Nijgh

Decision of: 29 April 1998

PROSECUTOR

v.

DRAGAN GAGOVIC
GOJKO JANKOVIC
JANKO JANJIC
RADOMIR KOVAC
ZORAN VUKOVIC
DRAGAN ZELENOVIC
DRAGOLJUB KUNARAC
RADOVAN STANKOVIC

_______________________________________________________________

DECISION ON PROSECUTION MOTION
TO PROTECT VICTIMS AND WITNESSES

_______________________________________________________________

Office of the Prosecutor:

Ms. Hildegard Uertz-Retzlaff
Ms. Patricia Sellers-Viseur

Counsel for the Accused:

Mr. Slavica Prodanovic, for Dragoljub Kunarac

 

THE TRIAL CHAMBER

CONSIDERING the Motion To Protect Victims And Witnesses filed by the Prosecutor on 9 March 1998 ("the Motion") requesting protective measures for all victims and witnesses who might be called to appear during the trial, which Motion was granted by the Trial Chamber during a status conference held on 13 March 1998, with written Order to follow, and

PURSUANT to Article 22 of the Statute and to Rule 75 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION AND ORDERS:

The Prosecutor, the accused, his counsel and their representatives shall not disclose to the public, to the media or to family members and associates the identity, whereabouts or any other identifying information of witnesses, except for reasons related to the preparation of their cases;

The Prosecutor, the accused, his counsel and their representatives shall not disclose to the public, to the media or to family members and associates the substance, in part or in whole, of the witness statements which the Prosecutor provides pursuant to discovery, except for reasons related to the preparation of their cases;

The Prosecutor and the Defence shall each maintain a log indicating the name, address and position of each person or entity which receives a copy of a witness statement, as well as the date of disclosure. If there is a perceived violation of the orders described herein, either the Prosecutor or the Defence shall notify the Trial Chamber which may either review the alleged violations or may refer the matter to a designee, such as the duty Judge. If the Trial Chamber refers the matter to a duty Judge, the duty Judge shall review the disclosure logs, make factual determinations, and report back to the Trial Chamber with a recommendation as to whatever action seems appropriate;

The Prosecutor and the Defence shall instruct those persons who have received a copy of the statements not to reproduce them, under pain of sanction for contempt of the Tribunal, and to return the said documents as soon as they are no longer required;

The Prosecutor and the Defence shall verify that those individuals who have received a copy of the statements comply strictly with their obligations not to reproduce them, and to return them as soon as they are no longer required.

For the purposes of this Decision, the term "public" does not include those entities or persons who are assisting the accused, his counsel or the Prosecutor in the preparation of their cases.

 

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

_________________________

Antonio Cassese

Presiding Judge

Dated this twenty-ninth day of April 1998

At the Hague

The Netherlands

[Seal of the Tribunal]