IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
6 May 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION MOTION FOR TRIAL RELATED PROTECTIVE MEASURES FOR WITNESSES IDENTIFIED AS B-1098, B-1237, B-1775 AND B-1518
_________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici CuriaeMr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. McCormack
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 Prosecution Motion for Trial Related Protective Measures for the Witness’ Mentioned Herein and ex parte Annexe A" filed by the Prosecution on 22 May 2003, in which the Prosecution seeks:
NOTING the explanations provided by the Prosecution in confidential and ex parte Annex A to the Motion for the specific protective measures sought for each witness,
CONSIDERING that the Trial Chamber must determine the legal basis for granting trial related protective measures under Rules 75 and 79 and whether the Prosecution has satisfied the Chamber, in respect of each witness, that the measures sought are appropriate,
CONSIDERING the previous decisions of the Chamber in this case setting out the specific requirements for the establishment of such a legal basis,1
CONSIDERING that the Trial Chamber is satisfied that, in the case of witnesses B-1098, B-1237 and B-1775, the Prosecution has established that these witnesses and/or their families would face a real risk were it to become known that they have testified,
CONSIDERING FURTHER that the Trial Chamber is satisfied that, in the
case of witness
B-1518, the Prosecution has established that the specific circumstances of this
witness warrant the wholly exceptional protective measure of closed session
testimony,2
CONSIDERING that the right of the Accused to a fair trial is not prejudiced by granting the protective measures sought,
PURSUANT TO RULES 75 AND 79 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY GRANTS THE MOTION AND ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
__________________
Richard May
Presiding
Dated this sixth day of May 2003
At The Hague
The Netherlands
[Seal of the Tribunal]
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