Case No. IT-99-36-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
23 September 2003

PROSECUTOR

v.

RADOSLAV BRDANIN

______________________________

ORDER REGARDING TESTIMONY VIA VIDEO-CONFERENCE LINK PURSUANT TO RULE 71BIS

______________________________

The Office of the Prosecutor:

Ms. Joanna Korner

Counsel for the Accused:

Mr. John Ackerman
Mr. David Cunningham

 

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED OF the "Prosecutionís Request for Withdrawal of Trial Chamber Order" filed confidentially and under seal on 17 September 2003 ("Motion") by the Office of the Prosecutor ("Prosecution");

NOTING the "Order for Testimony via Video-conference Link Pursuant to Rule 71bis" filed on 9 September 2003 ("Order"), in which this Trial Chamber ordered that the cross-examination of the witness Rasim Cirkic ("Witness") be conducted by video-conference link on 13 October 2003 and directed the Registrar to take all reasonable steps in the circumstances of the present case to ensure that the guidelines established in the Tadic Decision1 are followed;

NOTING that the Order was based on the condition that the Prosecution secure medical clearance for the Witness to be cross-examined via video-conference link;

NOTING that, in the Motion, the Prosecution informs this Trial Chamber that the Witness is unable to participate in further court proceedings, based on the professional advice of the Witnessí psychologist;

FINDING that it is no longer in the interests of justice to allow for the cross-examination of the Witness by video-conference link;

FOR THE FOREGOING REASONS

PURSUANT TO Rules 54 and 71bis of the Rules of Procedure and Evidence;

HEREBY ORDERS that no cross-examination of Rasim Cirkic be conducted by video-conference link on 13 October 2003; and

DIRECTS the Registrar to halt any preparations undertaken pursuant to the Order.

 

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

Dated this 23rd day of September 2003,
At The Hague
The Netherlands

______________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]


1. Prosecutor v. Dusko Tadic, Case IT-94-1, Decision on the Defence Motions to Summon and Protect Witnesses, and on the Giving of Evidence by Video-Link, 25 June 1996.