Kosovo, Croatia and Bosnia, Prosecutor v. Milosevic, Order Concerning the Response of the Government of Serbia and Montenegro to the Trial Chamber's Request for An Investigation into Violation of Its Order for Protective Measures, IT-02-54 (ICTY TC, Apr. 10, 2003)

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
10 April 2003

PROSECUTOR
v.
SLOBODAN MILOSEVIC

________________________________________________

ORDER CONCERNING THE RESPONSE OF THE GOVERNMENT OF SERBIA AND MONTENEGRO TO THE TRIAL CHAMBER’S REQUEST FOR AN INVESTIGATION INTO VIOLATION OF ITS ORDER FOR PROTECTIVE MEASURES

_________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. 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"),

NOTING its "Order for the Immediate Cessation of Violations of Protective Measures for Witnesses", issued on 18 June 2002 ("Order"), in which the Chamber:

Took note of the Prosecution’s confidential report that the newspaper Nacional, published in Belgrade, in its issue of 25 May 2002 published an article disclosing the identity of a protected witness in these proceedings, K5;

Considered that it was clear from the article that its authors knew, at the time of publication, that K5 was a protected witness;

Considered that such disclosure was in knowing violation of the Chamber’s orders and should cease immediately;

Considered that those responsible may be found in contempt of the International Tribunal;

Ordered that the publication of identifying information relating to protected witnesses shall cease immediately; and

Requested the competent State organs of the (as it then was) Federal Republic of Yugoslavia investigate the matter; take all necessary measures to stop the publication of such information; report on its investigation, and to provide the Trial Chamber with any information regarding the identity of those potentially responsible for the disclosure of the identity of K5 in violation of the Chamber’s orders,

NOTING the response from the Embassy of Serbia and Montenegro to the Chamber’s Order, filed on 28 March 2003, by which it is apparent that:

The authorities of Serbia and Montenegro ("authorities") conducted an investigation into the matter, interviewing the editor-in-chief and discovering the name of the journalist who wrote the article in which K5’s identity was revealed; and
The authorities will not undertake further investigation of the author of the article on the basis that "the substantive and criminal legislation of Serbia and Montenegro does not provide for the crime of revealing the identity of a protected witness because this institution was only introduced in domestic legislation through amendments to the Criminal Code at the end of last year",

PURSUANT TO Articles 20, 22 and 29 of the Statute, and Rules 54, 75 and 77 of the Rules of Procedure and Evidence

HEREBY TAKES NOTICE of the report of the authorities of Serbia and Montenegro, and REMINDS the authorities of Serbia and Montenegro that, whatever is provided for in their domestic legislation, Article 29 of the International Tribunal’s Statute imposes upon all States the obligation to comply with any request for assistance or order of a Trial Chamber.

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

__________________
Richard May
Presiding

Dated this tenth day of April 2003
At The Hague
The Netherlands

[Seal of the Tribunal]

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