Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement Rule 69 of the Rules of Procedure and Evidence of the Tribunal for the former Yugoslavia is slightly differently worded: “(A) In exceptional circumstances, the Prosecutor may apply to a Trial Chamber to order the non-disclosure of the identity of a victim or witness who may be in danger or at risk until such person is brought under the protection of the Tribunal. (B) In the determination of protective measures for victims and witnesses, the Trial Chamber may consult the Victims and Witnesses Section. (C) Subject to Rule 75, the identity of the victim or witness shall be disclosed in sufficient time prior to the trial to allow adequate time for preparation of the defence.” Rule 75(A) of the Rules of Procedure of the Court for the former Yugoslavia concerns “Measures for the Protection of Victims and Witnesses”, and allows a Judge or a Chamber “proprio motu or at the request of either party, or of the victims or witness concerned, or of the Victims and Witnesses Section [to] order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused” (emphasis added). Rule 75(A) of the Rwanda Court is almost identical, but instead refers to the “privacy and security” of the victims and witnesses (emphasis added). Paragraph (B) of Rule 75 in each case deals with measures that the Court may adopt in camera for the purpose of protecting the right to privacy and protection/security of the victims and witnesses. Such measures include: v the deletion of names and identifying information from the Chamber’s/Tribunal’s public records; v the non-disclosure to the public of any records identifying the victim; v the giving of testimony through image- or voice- altering devices or closed-circuit television; v the assignment of a pseudonym; v closed sessions; and v appropriate measures to facilitate the testimony of vulnerable victims and witnesses, such as one-way closed-circuit television. As can be seen from the Rules of Procedure of these two Tribunals, the guiding principle is that measures for the protection of victims and witnesses must be “consistent with the rights of the accused”, and that, to this end, they do not foresee permanent anonymity either of victims or of witnesses as between the parties themselves, their identity having to be disclosed in sufficient time prior to the trial to allow adequate time for the preparation of the trial. The approach adopted by the International Criminal Tribunals provides an interesting solution to difficult problems of security, while at the same time safeguarding to right to an effective defence. ***** Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 289