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Lasva Valley, Prosecutor v. Furundzija, Scheduling Order, IT-95-17/1 (ICTY TC, Jun. 10, 1998)

IN THE TRIAL CHAMBER

Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 10 June 1998

 

 

PROSECUTOR

v.

ANTO FURUNDZIJA

___________________________________________________________

ORDER ON PROSECUTOR’S MOTION REQUESTING PROTECTIVE MEASURES FOR WITNESSES "B" AND "C" AT TRIAL

____________________________________________________________

The Office of the Prosecutor:

Ms. Patricia Viseur-Sellers

Mr. Michael Blaxill

Counsel for the Accused:

Mr. Luka Misetic

Mr. Sheldon Davidson

 

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 the Prosecutor's Motion Requesting Protective Measures For Witnesses At Trial ("Motion"), filed on 5 June 1998 by the Office of the Prosecutor ("Prosecution") (Official Record at Registry Page ("RP") D1398- D1405) requesting protective measures for witnesses A to D;

CONSIDERING the arguments of the parties heard on 8 June 1998;

NOTING the previous Decision of this Trial Chamber on protective measures for Prosecution witnesses in the pre-trial phase, filed on 29 April 1998 (RP D335- D339);

NOTING ALSO that the Trial Chamber will issue a Decision on Prosecutor's Motion Requesting Protective Measures For Witnesses At Trial to deal with witnesses "A" and "D", to be filed concurrently with this Order;

CONSIDERING that the Trial Chamber may grant the measures sought pursuant to Article 22 of the Statute of the International Tribunal and Rule 75 of the International Tribunal's Rules of Procedure and Evidence;

FOR THE FOREGOING REASONS, PURSUANT TO RULE 75;

HEREBY ORDERS THE FOLLOWING:

(1) the names, addresses, whereabouts and other identifying information concerning the persons designated the pseudonyms witnesses "B" and "C" shall not be disclosed to the public or to the media;

(2) the names, addresses, whereabouts of, or other identifying information concerning the status of witnesses "B" and "C" shall be sealed and not included in any of the public documents of the International Tribunal;

(3) to the extent the names, addresses, whereabouts of, or other identifying information concerning the status of witnesses "B" and "C" as witnesses are contained in the public documents of the International Tribunal, that information shall be expunged from those documents;

(4) documents of the International Tribunal identifying witnesses "B" and "C" shall not be disclosed to the public or to the media;

(5) the pseudonyms "B" and "C" shall be used whenever these witnesses are referred to in their capacity as witnesses in the present proceedings before this Trial Chamber and in discussions among parties to the trial;

(6) testimony of the witnesses "B" and "C" may be given using image altering devices to the extent necessary to prevent their identity from becoming known to the public or the media;

(7) the accused, the defence Counsel and the Prosecution and their representatives who are acting pursuant to their instructions or requests, shall not disclose the names of witnesses "B" and "C", or other identifying data concerning witnesses "B" and "C", 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. Any such disclosure shall be made in such a way as to minimise the risk of the names of the witnesses being divulged to the public at large or to the media;

(8)the public and the media shall not photograph, video-record or sketch witnesses "B" and "C" while they are in the precincts of the International Tribunal.

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

________________________________

Florence Ndepela Mwachande Mumba

Presiding Judge 

Dated this tenth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]

   

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