Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Dorothee de Sampayo Garrido-Nijgh

Order of:
24 June 1999





Office of the Prosecutor:

Mr. Grant Niemann
Mr. Michael J. Keegan
Mr. Kapila Waidyaratne

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. John Ostojic


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 an oral Motion for protective measures for a witness raised by the Office of the Prosecutor ("Prosecution") on 24 June 1999 ("the Motion") seeking protective measures in respect of a witness to be called by the Prosecution in connection with an evidentiary hearing in this matter,

HAVING HEARD the arguments of the parties in respect of the witness on 24 June 1999,

CONSIDERING that the relief requested by the Prosecution 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 of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION in respect of the witness AND ORDERS as follows:

  1. a pseudonym shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among the parties;
  2. the testimony of the protected witness shall be heard in closed session;
  3. the transcript of the testimony of the protected witness shall remain sealed in the records of the International Tribunal, save with leave of a Trial Chamber;
  4. the name, address, whereabouts and other identifying information concerning the protected witness shall be sealed and not included in any of the public records of the International Tribunal;
  5. to the extent the name of, or other identifying data concerning, the protected witness is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;
  6. documents of the International Tribunal identifying the protected witness shall not be disclosed to the public or the media; and
  7. the public and the media shall not photograph, video-record or sketch the protected witness while the witness is in the precincts of the International Tribunal.


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

Richard May
Presiding Judge

Dated this twenty-fourth day of June 1999
At The Hague
The Netherlands

[Seal of the Tribunal]