IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Antonio Cassese
Judge Florence Ndepele Mwachande Mumba
Registrar: Dorothee de Sampayo Garrido-Nijgh
Decision of: 13 May 1998
PROSECUTOR
v.
MILAN KOVACEVIC
_______________________________________________________________
DECISION ON PROSECUTION MOTION FOR PROTECTIVE MEASURES FOR WITNESS P
_______________________________________________________________
Office of the Prosecutor:
Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan
Counsel for the Accused:
Mr. Dusan Vucicevic
Mr. Anthony DAmato
THE TRIAL CHAMBER
NOTING the Motion For Protective Measures For Witness P filed by the
Office of the Prosecutor ("Prosecution") on 4 May 1998 ("the Motion"),
seeking protective measures pursuant to Rules 75 and 79 of the Rules of Procedure and
Evidence of the International Tribunal ("Rules"),
NOTING that the Defence has no objection to the protective measures
sought,
CONSIDERING 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
AND WITH THE AGREEMENT OF THE PARTIES
HEREBY GRANTS THE MOTION AND ORDERS as follows:
- the pseudonym P shall be used whenever referring to this witness in proceedings before
the International Tribunal and in discussions among parties to the trial;
- the accused, the defence counsel and their representatives and agents who are acting
pursuant to their instructions or requests shall not disclose the name of these witnesses
or other identifying data concerning witness P to the public or to the media, except to
the limited extent such disclosure to members of the public is necessary to investigate
the witness adequately;
- any such disclosure shall be made in such a way as to minimise the risk of witness
Ps names being divulged to the public at large or to the media, including
instructing the members of the public to whom such disclosure is made that they may not
disclose the information except where required to investigate the witness adequately and
upon explicit prior approval of defence counsel;
- all hearings to consider the issue of protective measures for witness P shall be 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;
- the testimony of witness P 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;
- the public and the media shall not photograph, video-record or sketch the protected
witnesses while the witnesses are in the precincts of the International Tribunal;
- the name, address, whereabouts and other identifying information concerning witness P
shall be sealed and not included in any of the public records of the International
Tribunal;
- to the extent the name of, or other identifying data concerning, witness P is contained
in existing public documents of the International Tribunal, that name and other
identifying data shall be expunged from those documents; and
- documents of the International Tribunal identifying witness P shall not be disclosed to
the public or the media.
Done in English and French, the English text being authoritative.
_________________________
Richard May
Presiding Judge
Dated this thirteenth day of May 1998
At the Hague
The Netherlands
[Seal of the Tribunal]