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Celebici Camp, Prosecutor v. Mucic et al., Decision on Prosecution Motion for Additional Measures of Protection for Witnesses, IT-96-21 (ICTY TC, Oct. 08, 1997) "

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 October 1997

 

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_____________________________________________________

DECISION ON PROSECUTION MOTION FOR ADDITIONAL
MEASURES OF PROTECTION FOR WITNESSES

______________________________________________________

The Office of the Prosecutor

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, 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");

BEING SEISED of a confidential motion entitled "Prosecutor’s Request for Additional Measures in Respect of the Protection of Witnesses", filed on 4 July 1997 (Official Record at Registry Page D3964 - D3967) ("Motion"), in which the Office of the Prosecutor ("Prosecution") suggests that various methods be adopted to protect the confidentiality of witness information and thus ensure the safety of witnesses;

NOTING that oral arguments were held on the Motion on 18 July 1997 during an open session hearing, at which time the Defence for all four accused persons opposed the Motion on the grounds that the measures proposed were unnecessary and would serve only to increase the administrative burden on the International Tribunal;

CONSIDERING the difficulties involved in implementing and enforcing the measures proposed by the Prosecution;

CONSIDERING FURTHER that the effectiveness of the proposed measures in ensuring the confidentiality of witness information has not been established in the circumstances of the present case;

PURSUANT TO RULE 54,

HEREBY DENIES the Motion.

 

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

__________________________

Adolphus Godwin Karibi-Whyte

Presiding Judge

Dated this eighth day of October 1997

At The Hague,

The Netherlands.

[Seal of the Tribunal]

   

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