Case No. IT-95-10/1-PT
IN THE TRIAL CHAMBER
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
THE PROSECUTOR
v.
RANKO CESIC
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ORDER ON PROSECUTION’S MOTION FOR PROTECTIVE MEASURES
___________________________________________________________
The Office of the Prosecutor:
Mr. Mark B. Harmon
Defence Counsel:
Mr. Vojislav Nedic
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 the "Prosecution’s Motion for Protective Measures," filed on 21 June 2002, for an order to protect the confidentiality of non-public materials disclosed to the accused, including statements taken from potential witnesses and from victims of the events at issue in this case, in order to safeguard the security and privacy of victims and witnesses and to safeguard the integrity of the evidence and these proceedings (the "Motion");
NOTING that the Defence has not filed a response to the Motion;
NOTING that Article 20(1) of the Statute of the International Tribunal (the "Statute") provides that "[ t] he Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses"; that Article 21(2) of the Statute provides that "[ i] n the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to article 22 of the Statute"; and that Article 22 of the Statute states that "[ t] he International Tribunal shall provide in its rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victim’s identity";
NOTING FURTHER that Rules 69 of the Rules of Procedure and Evidence of the International Tribunal (the "Rules") provides, inter alia, that "the Prosecutor may apply to a Trial Chamber to order the non-disclosure of the identity of a victim or witness"; that Rule 75 provides, inter alia, that "[ a] Judge or a Chamber may, proprio motu or at the request of either party, or of the victim or witness concerned, or of the Victims and Witnesses Section, order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused";
NOTING the obligations imposed generally by "[ t] he Code of Professional Conduct for Defence Counsel Appearing Before the International Tribunal" and the codes of any national body or organisation to which counsel may belong;
CONSIDERING that non-public material is disclosed to the accused Ranko Cecic (the "Accused") and his Defence team (the "Cesic Defence") for the purpose of allowing him to prepare to meet the charges against him and for no other purpose;
CONSIDERING that the Trial Chamber is concerned in safeguarding non-public materials provided to the Accused to enable him to prepare for trial and in safeguarding the security and privacy of victims and witnesses;
PURSUANT TO Articles 20, 21 and 22 of the Statute and Rules 54, 69 and 75 of the Rules;
HEREBY GRANTS the Motion and ORDERS as follows:
Disposition
Done in both English and French, the English text being authoritative.
_________________________________
Judge Liu Daqun
Presiding Judge
Dated this nineteenth day of July 2002
At The Hague,
The Netherlands.
[Seal of the Tribunal]