IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
5 May 2000
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
__________________________________________________________
ORDER ON PROTECTIVE MEASURES SOUGHT FOR
CONFIDENTIAL DEFENCE WITNESSES
The Office of the Prosecutor
Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott
Defence Counsel
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson,
Mr. Turner T. Smith, Jr., Mr. Robert A. Stein, Mr. Stephen M. Sayers and Mr.
Christopher G. Browning, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, 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 Dario Kordic’s ex parte, in camera Motion for Protective Measures for Confidential Defence Witnesses A-E and Motion for an Order of Safe Passage as to Two of These Witnesses filed by the Defence for Dario Kordic (the Defence) on 30 March 2000 (the Motion) seeking certain protective measures and safe conduct in respect of the witness identified in the Motion,
NOTING that the Motion identifies five witnesses for whom they seek protective measures including giving testimony in closed session, and that the Defence not be required to disclose the identity of each of these witnesses outside of the members of the Trial Chamber until ten days before the witness is called to testify,
NOTING FURTHER that the Defence seeks safe passage for two witnesses identified in the Motion and that these requests will be dealt with in separate orders of the Chamber,
CONSIDERING that the relief requested by the Defence is appropriate for the privacy and protection of the witness but is still consistent with the rights of the accused,
PURSUANT TO Rule 75 of the Rules,
HEREBY ORDERS, in respect of the protective measures sought by the Defence for the five witnesses, as follows:
Further Orders will be made regarding safe conduct in respect of the two witnesses identified in the Motion.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this fifth day of May 2000
At The Hague
The Netherlands
[Seal of the Tribunal]
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