Case No.: IT-02-54-T


Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Mr. Hans Holthuis

Decision of:
26 August 2003







The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. McCormack


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 a confidential and ex parte "Prosecution Motion for Protective Measures for Witness Testifying During the Croatia Phase of the Trial", filed on 21 August 2003, seeking the protective measures of use of a pseudonym and image and voice distortion for a witness identified in the Motion and referred to by the pseudonym C-1071 ("Motion"),

CONSIDERING that the protective measures sought in respect of Witness C-1071, as set out in the Motion, are reasonable and appropriate for the protection of the witness and the family of the witness,

CONSIDERING that the Trial Chamber is satisfied that the measures sought are consistent with the rights of the Accused,

PURSUANT TO Rule 75 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

  1. The testimony of Witness C-1071 may testify with the use of the pseudonym C-1071 and with image and voice distortion;
  2. The name, address, whereabouts of and identifying data concerning Witness C-1071 shall be sealed and not included in any of the public records of the International Tribunal;
  3. To the extent that the name, address, whereabouts or other identifying data concerning Witness C-1071 are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents;
  4. Documents of the International Tribunal identifying Witness C-1071 shall not be disclosed to the public or the media;
  5. The public and the media may not photograph, video-record or sketch Witness C-1071 while on the premises of the International Tribunal;
  6. The name of the witness or other identifying data concerning the witness shall not be disclosed by the Accused, his legal associates or the amici curiae to the public or media, except to the limited extent such disclosure is necessary to prepare for cross-examination of the witness.

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

Richard May

Dated this twenty-sixth day of August 2003
At The Hague
The Netherlands

[Seal of the Tribunal]