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Vukovar Hospital, Prosecutor v. Dokmanovic, Decision Granting Protective
Measures for Witnesses, IT-95-13a (ICTY TC, Jun. 25, 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: 25 June 1998
PROSECUTOR
v.
MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC
_________________________________________
DECISION GRANTING PROTECTIVE MEASURES FOR WITNESSES
__________________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Mr. Stefan W�spi
Mr. Clint Williamson
Ms. Ann Sutherland
Counsel for the Accused:
Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic
THE TRIAL CHAMBER
NOTING the oral Motion made by the Office of the Prosecutor
("Prosecution") on 17 June 1998 pursuant to Rule 75 of the Rules of
Procedure and Evidence of the International Tribunal ("the Rules"), seeking
protective measures for two witnesses, referred to as Witness R and Witness S,
NOTING that the Defence has no objection to the protective measures
sought,
HAVING GRANTED the Motion orally, to be followed by written order,
PURSUANT TO RULES 75 and 79 of the Rules
AND WITH THE AGREEMENT OF THE PARTIES
HEREBY GRANTS THE MOTION AND ORDERS as follows:
- the name, address, whereabouts and other identifying data concerning the persons given
the pseudonyms R and S shall not be disclosed to the public or to the media;
- the name, address, whereabouts and other identifying information concerning witnesses R
and S shall be sealed and not included in any of the public records of the International
Tribunal;
- to the extent the name of, or other identifying data concerning, witnesses R and S is
contained in existing public documents of the International Tribunal, that name and other
identifying data shall be expunged from those documents;
- documents of the International Tribunal identifying these witnesses shall not be
disclosed to the public or the media;
- the pseudonyms R and S shall be used whenever referring to these witnesses in
proceedings before the International Tribunal and in discussions among parties to the
trial;
- the accused, the defence counsel and their representatives who are acting pursuant to
their instructions or requests shall not disclose the name of these witnesses or other
identifying data concerning the witnesses to the public or to the media, except to the
limited extent such disclosure to members of the public is necessary to investigate the
witnesses adequately;
- any such disclosure shall be done 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;
- the testimony of witness S 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; and
- the public and the media shall not photograph, video-record or sketch the protected
witnesses while the witnesses are in the precincts of the International Tribunal.
Done in English and French, the English text being authoritative.
_______________________
Antonio Cassese
Presiding Judge
Dated this twenty-fifth day of June 1998
At The Hague
The Netherlands
[Seal of the Tribunal]
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