Order on the Prosecutor's Motions to Protect Victims and Witnesses

IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Ms. Dorothee de Sampayo Garrido-Nijgh

Order of: 11 December 1998

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC

________________________________________________________________________________

ORDER ON THE PROSECUTOR’S MOTIONS TO
PROTECT VICTIMS AND WITNESSES

________________________________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Micheal Keegan
Mr. Kapila Waidyaratne

Counsel for the Accused:

Mr. Krstan Simic, for Miroslav Kvocka
Mr. Zarko Nikolic, for Milojica Kos
Mr. Toma Fila, for Mlado Radic
Mr. Simo Tosic, for Zoran Zigic

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 Motions to Protect Victims and Witnesses ("the Motions"), filed by the Office of the Prosecutor ("the Prosecution") on 21 July 1998, and the "Defence Motion on Prosecutor’s Motion to Protect Victims and Witnesses", filed on 2 September 1998,

RECALLING the status conference held on 10 December 1998,

HAVING CONSIDERED Articles 20 and 21 as well as Article 22 of the Statute of the International Tribunal ("the Statute"),

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

HEREBY GRANTS the Motion and ORDERS that:

1. The accused, his defence counsel, and their representatives who are acting pursuant to their instructions or requests, be ordered not to 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; and

2.Such Order applies to all material disclosed to the accused, his defence counsel, and their representatives who are acting pursuant to their instructions or requests.

Any breach of this Order shall be dealt with in terms of Rule 77 of the Rules.

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

_________________________

Judge Richard May

Presiding Judge

Dated this eleventh day of December 1998

At The Hague

The Netherlands

[Seal of the Tribunal]