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Lasva Valley, Prosecutor v. Kordic et al, Order for Delayed Disclosure of Statement and Protective Measures, IT-95-14/2 (ICTY TC, Mar. 19, 1999)

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

 

Order of:
19 March 1999

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

_______________________________________

ORDER FOR DELAYED DISCLOSURE OF STATEMENT
AND PROTECTIVE MEASURES

_______________________________________

The Office of the Prosecutor:

Mr. Geoffrey Nice
Mr. Kenneth Scott
Ms. Susan Somers
Mr. Patrick Lopez-Terres

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr., and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez

 

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 ("the International Tribunal"),

BEING SEISED OF the confidential ex parte "Prosecutor’s motion for ruling on disclosure and for protective measures" filed by the Office of the Prosecutor ("Prosecution") on 4 March 1999 ("the Motion"), seeking protective measures for the witness identified in the Motion, including the use of a pseudonym and non-disclosure to the Defence of identifying information,

NOTING the Order of this Trial Chamber of 5 March 1999 temporarily releasing the Prosecution from its obligation to disclose the statement of this witness, pending further order of the Trial Chamber,

NOTING the Order for measures to protect victims and witnesses issued by this Trial Chamber on 15 January 1999, which Order continues in full force and effect,

CONSIDERING Article 22 of the Statute of the International Tribunal ("the Statute") and Rules 75 and 79 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

CONSIDERING that the grant of a pseudonym and the temporary redaction of identifying information from the statement is appropriate for the privacy and protection of the witness but that the Trial Chamber is not persuaded, at this stage of the proceedings, of the need to grant full anonymity to this witness,

PURSUANT TO Rules 75 and 79 of the Rules

HEREBY ORDERS as follows:

  1. a pseudonym shall be used whenever referring to the witness in these proceedings and in discussions among the parties;
  2. the name, address, whereabouts of and other identifying information concerning the witness shall not be disclosed to the public or to the media;
  3. the name, address, whereabouts of, or other identifying information concerning the witness shall be sealed and not included in any of the public records of the International Tribunal;
  4. records of the International Tribunal identifying the witness shall not be disclosed to the public or to the media;
  5. to the extent the name, address, whereabouts of, or other identifying information concerning the witness is contained in the existing public records of the International Tribunal, that information shall be expunged from those records;
  6. the testimony of the witness shall be given in closed session;
  7. the transcript of testimony of this witness shall remain sealed in the records of the International Tribunal; save with leave of a Trial Chamber;
  8. the public and the media shall not photograph, video-record or sketch the witness while the witness is in the precincts of the International Tribunal;
  9. the provisions of the Order for measures to protect victims and witnesses issued by this Trial Chamber on 15 January 1999 are extended mutatis mutandis to the witness referred to in the Motion; and
  10. if, when the Prosecution seeks to call the witness and the witness is still seeking non-disclosure of identity to the Defence, the Prosecution shall apply to the Trial Chamber not less than 10 days before the witness is to be called and the Trial Chamber shall determine the matter at that time.

 

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

_____________________________

Richard May
Presiding

Dated this nineteenth day of March 1999
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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