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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: 11 June 1998
PROSECUTOR
v.
ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"
______________________________
ORDER ON THE MOTIONS FOR PROTECTIVE MEASURES
FOR THE WITNESSES DESIGNATED BY THE PSEUDONYMS:
DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2.
______________________________
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. Tomislav Kuzmanovic, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia McMurrey, Ms. Nancy Boler, 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 for protective measures for Mucic’s witnesses DA.2; DB.2; DC.2; DD.2; DE.2; DF.2; DG.2" filed on 5 June 1998 (Official Record at Registry Page ("RP") D6537-D6540) and a "Confidential motion for protective measures for Mucic’s witnesses DI.2" filed on 8 June 1998 (RP D6568-D6570) ("Motions");
CONSIDERING the oral submission of Counsel for Zdravko Mucic while speaking to the Motions on 9 June 1998;
FURTHER CONSIDERING that the Office of the Prosecutor ("Prosecution") while speaking to the Motions on 9 June 1998 declared that it defers to the Trial Chamber on this matter;
FURTHER 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 FORGOING REASONS, PURSUANT TO RULE 75;
HEREBY ORDERS THE FOLLOWING:
(1) the names, addresses, whereabouts and other identifying information concerning the witnesses designated with the pseudonyms "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" 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 "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" 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 "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" 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 witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" shall not be disclosed to the public or to the media;
(5) the pseudonyms "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" 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 witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" may be given using image and voice altering devices to the extent necessary to prevent their identity from becoming known to the public or the media;
(7) the Trial Chamber may determine that any part of the testimony of witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" including evidence relating to their identity, should be heard in private session(s);
(8) if pursuant to a determination of the Trial Chamber, any part of the testimony of witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2" is heard in private session(s), edited recordings and transcripts of the private session(s) shall be released to the public and the media after review by the Defence and the Victims and Witnesses Unit to ensure that no information leading to the possible identification of the witnesses is disclosed;
(9) the co-accused, the Defence Counsel and the Prosecution and their respective representatives who are acting pursuant to their instruction or request, shall not disclose the names of witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2", or other identifying data concerning witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2", to the public or to the media, except to the limited extent that such disclosure to members of the public is necessary to investigate the witnesses adequately. Any such disclosure shall be made in such a way as to minimise the risk of the witnesses’ names being divulged to the public at large or to the media;
(10) the co-accused, the Defence Counsel, the Prosecution and their respective representatives who are acting pursuant to their instruction or request, shall notify Counsel for Zdravko Mucic of any requested contact with witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2", or the relatives of witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2", and Counsel for Zdravko Mucic shall make arrangements for such contacts as may be determined necessary;
(11) the public and the media shall not photograph, video-record or sketch witnesses "DA.2, DB.2, DC.2, DD.2, DE.2, DF.2, DG.2 and DI.2", while they are in the precincts of the International Tribunal.
Done in both English and French, the English version being authoritative.
_____________________________
Adolphus G. Karibi-Whyte
Presiding Judge
Dated this eleventh day of June 1998
At The Hague,
The Netherlands.
[Seal of the Tribunal]
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