Case No. IT-99-36-T
IN TRIAL CHAMBER II
Before:Registrar:
Mr. Hans Holthuis
Decision of:
20 June 2003
PROSECUTOR
v.
RADOSLAV BRDANIN
______________________________
DECISION ON PROSECUTION’S NINETEENTH AND TWENTIETH MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES
______________________________
The Office of the Prosecutor:
Ms. Joanna Korner
Mr. Andrew Cayley
Counsel for the Accused:
Mr. John Ackerman
Mr. David Cunningham
TRIAL CHAMBER II ("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 Tribunal"):
BEING SEISED OF the of the following motions (collectively referred to as the "Motions"):
NOTING that the protective measures sought for BT 94 are the assignment of a pseudonym and image distortion, and the protective measures sought for BT 97 are the assignment of pseudonym, image and voice distortion;
NOTING the standing objections of Counsel for Radoslav Brðanin ("Accused"), expressed during the hearings of 1 July 2002 and 22 November 2002, to testimony being heard in closed session;
NOTING that Counsel for the Accused does not object to the assignment of pseudonyms, image and/or voice distortion;
NOTING the "Addendum to Prosecution’s Eleventh Motion for Protective Measures for Victims and Witnesses (Filed on 26 June 2002)" ("Addendum"), filed confidentially and under seal by the Prosecution on 12 September 2002 and related to the security assessment in the Municipalities covered by the Indictment;
NOTING that BT 94 is expected to give evidence in relation to the events leading up to and during the indictment period, including the acts and conduct of Radoslav Brdjanin ("Accused");
NOTING the security concerns expressed by family members of BT 94 and BT 94’s fears for the safety and security of his family as a result of the fact that it is well known that BT 94 will give evidence before the Tribunal;
NOTING BT 97’s fears for the safety of his family, believing that those responsible for murdering some of his family members are still at large;
CONSIDERING the Trial Chamber’s duty to analyse the protective measures sought and determine their compatibility with the rights of the Accused, and the Trial Chamber’s duty to balance the right of the Accused to a public hearing against the need to accord appropriate protection to victims and witnesses;
CONSIDERING that the protective measures sought for BT 94 and BT 97 strike an appropriate balance between the rights of the Accused and the rights of the victims and witnesses;
FOR THE FOREGOING REASONS
PURSUANT TO Articles 20, 21 and 22 of the Statute of the Tribunal and Rules 75 and 79 of the Rules of Procedure and Evidence;
HEREBY ORDERS THAT:
Done in French and English, the English version being authoritative.
Dated this 20th day of June 2003.
At The Hague
The Netherlands
____________
Carmel Agius
Presiding Judge
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