Kosovo, Croatia and Bosnia, Prosecutor v. Milosevic, Decision on Prosecution Motion for Trial Related Protective Measures for Witnesses B-179 and B-1058, IT-02-54 (ICTY TC, Sep. 04, 2003)

Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
4 September 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTION FOR TRIAL RELATED PROTECTIVE MEASURES FOR WITNESSES B-179 AND B-1058

__________________________________________________

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 ("the International Tribunal"),

BEING SEISED of a confidential and partially ex parte "Prosecution Motion for Trial Related Protective Measures for Witnesses B-179 and B-1058", filed on 26 August 2003 ("Motion"), seeking the protective measures of use of a pseudonym and image distortion in respect of B-179 and, use of a pseudonym, image and voice distortion in respect of B-1058,

CONSIDERING that the protective measures sought in respect of these witnesses, as set out in the Motion, are reasonable and appropriate for the protection of the witnesses and the families of the witnesses,

CONSIDERING that the Trial Chamber is satisfied that the measures sought are consistent with the rights of the Accused,

PURSUANT TO Rule 75 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

Witness B-179 may testify with the use of that pseudonym and with image distortion;

Witness B-1058 may testify with the use of that pseudonym and with image and voice distortion;

The name, address, whereabouts of and identifying data concerning the witnesses shall be sealed and not included in any of the public records of the International Tribunal;

To the extent that the name, address, whereabouts or other identifying data concerning the witnesses are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents;

Documents of the International Tribunal identifying the witnesses shall not be disclosed to the public or the media;

The public and the media may not photograph, video-record or sketch the witnesses while on the premises of the International Tribunal;

The names of the witnesses or other identifying data concerning the witnesses shall not be disclosed by the Accused, his legal associates or the amici curiae to the public or media, except to the limited extent such disclosure is necessary to prepare for cross-examination of the witnesses.

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

______________
Richard May
Presiding

Dated this fourth day of September 2003
At The Hague
The Netherlands

[Seal of the Tribunal]

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