Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Vukovar Hospital, Prosecutor v. Dokmanovic, Decision on Prosecutor's Motion for Protective Measures, IT-95-13a (ICTY TC, Feb. 06, 1998)
IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 6 February 1998

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC

_____________________________________

DECISION ON PROSECUTOR’S MOTION FOR PROTECTIVE MEASURES

_____________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Stefan Wäspi
Mr. Clint Williamson
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic

THE TRIAL CHAMBER

CONSIDERING the oral Motion Requesting Protective Measures raised by the Office of the Prosecutor ("Prosecution") in closed session on 6 February 1998, seeking protective measures for one witness referred to by the pseudonym Q,

NOTING that the Prosecution seeks measures to ensure that the name of the witness is not disclosed by any person, including the accused, and that the evidence of witness Q be given in closed session,

NOTING FURTHER that the Defence has no objection to the protective measures sought,

HAVING HEARD the parties in closed session on 6 February 1998 and HAVING GRANTED the Motion orally that day, and

WITH THE AGREEMENT OF THE PARTIES

PURSUANT TO RULES 75 AND 79 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS AS FOLLOWS:

(1) the name, address, whereabouts and other identifying data concerning the person given pseudonym Q shall not be disclosed to the public or to the media;

(2) the name, address, whereabouts and other identifying information concerning Q shall be sealed and not included in any of the public records of the International Tribunal;

(3) to the extent the name of, or other identifying data concerning Q is contained in existing public documents of the International Tribunal, that name and other identifying data shall be expunged from those documents;

(4) documents of the International Tribunal identifying this witness shall not be disclosed to the public or the media;

(5) the testimony of witness Q shall be heard in closed session: however, edited recordings and transcripts of these sessions shall be released to the public and the media after review by the Prosecution and by the Victims and Witnesses Unit of the International Tribunal;

(6) the pseudonym Q shall be used whenever referring to this witness in proceedings before the International Tribunal and in discussions among parties to the trial;

(7) the accused, the defence counsel and their representatives who are acting pursuant to their instructions or requests shall not disclose the name of this witness or other identifying data concerning this witness 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;

(8) any such disclosure shall be done in such a way as to minimize the risk of the witness's name being divulged to the public at large or to the media;

(9) 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.

____________________

Antonio Cassese

Presiding Judge

Dated this sixth day of February 1998

At The Hague

The Netherlands

[Seal of the Tribunal]

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