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:
15 September 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON CONFIDENTIAL PROSECUTION MOTION PURSUANT TO RULE 75(G) FOR VARIATION OF PROTECTIVE MEASURES FOR WITNESS C-1208

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Hildegard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Mr. Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy 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 Pursuant to Rule 75(G) for Variation of Protective Measures", filed by the Office of the Prosecutor ("Prosecution") on 10 July 2003 ("Motion"),

NOTING that the protective measures ordered in the Dokmanovic case1 with respect to Witness C-1208 continue to have effect in the present case by operation of Rule 75(F)(i) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

NOTING that no Trial Chamber remains seized of the first proceeding, within the meaning of Rule 75(G)(i) of the Rules,2

HAVING granted the Motion orally on 11 July 2003,

CONSIDERING that protective measures are warranted and should be granted,

PURSUANT TO Rule 75 of the Rules,

HEREBY CONFIRMS and VARIES its ORDER as follows:

  1. The testimony of Witness C-1208 shall be given with the continued use of the pseudonym and with image- and voice-distortion;

  2. The name, address, whereabouts of and identifying data concerning Witness C-1208 shall be sealed and not included in any of the public records of the International Tribunal;

  3. To the extent that the name, address, whereabouts or other identifying data concerning Witness C-1208 are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents;

  4. Documents of the International Tribunal identifying Witness C-1208 shall not be disclosed to the public or the media;

  5. The public and the media may not photograph, video-record or sketch Witness C-1208 while on the premises of the International Tribunal;

  6. All material pertaining to Witness C-1208 shall be returned to the Registry following the close of this proceeding;

  7. In all other respects, the protective measures ordered in the Dokmanovic case for Witness C-1208 shall continue, mutatis mutandis, to have effect in the present case; and

  8. All provisions of this Decision shall apply equally to the amici curiae and the legal associates of the Accused.

For the purpose of this decision, "the public" means and includes all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal, the staff of the Registry, the Prosecutor, and the Accused and the amici curiae. "The public" also includes, without limitation, families, friends, and associates of the Accused; the Accused and defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.

 

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

_______________
Richard May
Presiding

Dated this 15th day of September 2003
At The Hague
The Netherlands

[Seal of the Tribunal]
1. Prosecutor v. Slavko Dokmanovic, Case No. IT-95-13a-T, Hearing on 03 February 1998, T. 572, et seq.
2. See Prosecutor v. Slavko Dokmanovic, "Order Terminating the Proceedings against Slavko Dokmanovic", Case No. IT-95-13a-T, 15 July 1998.    

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