THE HAGUE, April 15 (Hina) - Closed trials are not usual for the International Criminal Tribunal for the former Yugoslavia (ICTY), a Tribunal's spokesman said in The Hague on Thursday, replying to reporters' queries concerning making
the trials against the former vice-president of the Croat Republic of Herzeg-Bosna, Dario Kordic, and former commander of a brigade from Vitez, Mario Cerkez, closed to the public. With the exception of the arraignment, the trial is this week being conducted behind closed doors because of protected witnesses testifying. Tribunal's prosecutors have indicted Kordic for systematic persecution of Moslems in Herzeg-Bosna between September 1991 and April 1994, and Cerkez for their persecution in Vitez, Novi Travnik and Busovaca in 1992 and 1993. ICTY's statute stipulates that the defendants have the right to a fair and public trial and it is upon trial chambers to secure a balance
THE HAGUE, April 15 (Hina) - Closed trials are not usual for the
International Criminal Tribunal for the former Yugoslavia (ICTY),
a Tribunal's spokesman said in The Hague on Thursday, replying to
reporters' queries concerning making the trials against the former
vice-president of the Croat Republic of Herzeg-Bosna, Dario
Kordic, and former commander of a brigade from Vitez, Mario Cerkez,
closed to the public.
With the exception of the arraignment, the trial is this week being
conducted behind closed doors because of protected witnesses
testifying.
Tribunal's prosecutors have indicted Kordic for systematic
persecution of Moslems in Herzeg-Bosna between September 1991 and
April 1994, and Cerkez for their persecution in Vitez, Novi Travnik
and Busovaca in 1992 and 1993.
ICTY's statute stipulates that the defendants have the right to a
fair and public trial and it is upon trial chambers to secure a
balance between the degree of witness protection and this right,
having heard both the defence and prosecution.
This has happened in the Kordic case. This is not outside norms and
the phrase "secret trial" should be avoided at any cost, ICTY
spokesman Jim Landale said.
It is the principle stance of the defence that the trial be made open
for the public in as many cases as possible, Cerkez's defence
attorney Goran Mikulicic said.
"The defence, of course, does not oppose that as much protection
should be provided for persons who came out of these unfortunate
events as the victims. However, it is the defence's decided stance
that public persons testifying in this trial should not and must not
get any protection measures, least of all testify at a closed
session," Mikulicic said.
"Unfortunately, the trial has, for now, been held closed to the
public and the defence is not happy with this in any way".
The Tribunal's book of rules envisages various degrees of witness
protection, from closed trials as the highest degree, to face and
voice distortions and using aliases for witnesses.
The envisages protection measures should be implemented in
extraordinary cases, Mikulicic said.
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