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Bosanski Samac, Prosecutor v. Simic et al., Order for Disclosure of Identities of Protected Witnesses, IT-95-9 (ICTY TC, May. 23, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Order of:
23 May 2001

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

_____________________________________________

ORDER FOR DISCLOSURE OF IDENTITIES
OF PROTECTED WITNESSES
_____________________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey
Mr. Gramsci Di Fazio
Ms. Aisling Reidy

Counsel for the Accused:

Mr. Igor Pantelic, for Blagoje Simic
Mr. Slobodan Zecevic, for Milan Simic
Mr. Novak Lucic, for Miroslav Tadic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

 

 

I, PATRICK ROBINSON, Judge 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"),

HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an Order of the Trial Chamber dated 26 January 1999,

BEING SEISED of an oral Defence motion made on 15 May 2001 ("the Motion"), seeking disclosure of the identity of certain Prosecution witnesses ("the protected witnesses") for whom pseudonyms have been granted pursuant to the Order for Protective Measures issued by the Trial Chamber on 26 May 1999,

NOTING the written response to the Motion filed by the Office of the Prosecutor ("the Prosecution") on 17 May 2001,

NOTING that the Prosecution does not object to disclosure of the identities of the protected witnesses six weeks prior to the date on which they are expected to testify in these proceedings but seeks an undertaking from Defence counsel to abide by the protective measures granted by the Trial Chamber in its Order of 17 February 1998,

CONSIDERING that the protective measures referred to are currently in force in relation to the accused Milan Simic, Miroslav Tadic and Simo Zaric,

CONSIDERING that, in the absence of any showing to the contrary, the same protective measures should apply to all accused,

PURSUANT TO Articles 20 and 22 of the Statute, and Rules 66 (A)(i), 66 (A)(ii), 69, 75 and 79 of the Rules of Procedure and Evidence

HEREBY EXTENDS the provisions of the Orders of 17 February 1998 and 26 May 1999 ("the Orders"), to the accused Blagoje Simic, which Orders continue in full force and effect, and

ORDERS the Prosecution, not less than six weeks prior to the date on which it is anticipated that each protected witness will testify, to disclose to the Defence for all accused the identity of that protected witness.

 

 

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

 

___________________________
Patrick Robinson
Presiding

Dated this twenty-third day of May 2001
At The Hague
The Netherlands

[Seal of the Tribunal]