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IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 8 August 1997
PROSECUTOR
v.
ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"
____________________________
ORDER ON THE PROSECUTIONS ORAL REQUEST FOR THE PROTECTION OF WITNESS BRANKO SUDAR
____________________________
The Office of the Prosecutor:
Mr. Eric Ostberg
Ms. Teresa McHenry
Mr. Giuliano Turone
Counsel for the Accused:
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo
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 ("International Tribunal");
CONSIDERING that on 7 August 1997, the Office of the Prosecutor ("Prosecution") made an oral request for protective measures on behalf of Mr. Branko Sudar, a witness in the present proceedings;
CONSIDERING that the Prosecution sought two measures of protection, namely, the assignment of a pseudonym by which Mr. Sudar will be known to the public and the distortion of his visual image while he is giving evidence;
CONSIDERING that the Trial Chamber may grant the protective measures sought pursuant to Rule 75 of the International Tribunals Rules of Procedure and Evidence ("Rules");
CONSIDERING HOWEVER that Mr. Sudars name was disclosed to the public in an open session hearing held on 6 August 1997;
CONSIDERING THEREFORE that it will be futile to assign a pseudonym to Mr. Sudar;
CONSIDERING that none of the Defence Counsel who responded orally to the Prosecutions request took specific exception to the protection of Mr. Sudar;
FOR THE FORGOING REASONS, PURSUANT TO RULE 75
HEREBY:
I. ORDERS that throughout the examination of Mr. Sudar before the Trial Chamber, image altering devices shall be employed to distort is visual image from recognition by the public;
2. DENIES the request for the assignment of a pseudonym to Mr. Sudar.
Done in both English and French, the English text being authoritative.
________________________
Adolphus Godwin Karibi-Whyte
Presiding Judge
Dated this eighth day of August 1997
At The Hague,
The Netherlands.
[Seal of the Tribunal]
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