IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 12 June 1998

 

PROSECUTOR

v.

MILE MRKSIC,
MIROSLAV RADIC,
VESELIN SLJIVANCANIN,
SLAVKO DOKMANOVIC

___________________________________________________________

ORDER ON DEFENCE MOTION FOR SAFE CONDUCT

___________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Clint Williamson
Mr. Stefan Wäspi
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic

 

THE TRIAL CHAMBER

NOTING the Defence Motion To Enable To Call Witness By Means Of Safe Conduct filed on 11 June 1998 ("the Motion") requesting that safe conduct be granted to Milan Knezevic ("the Witness") who will testify on behalf of the Defence,

NOTING that the Office of the Prosecutor ("the Prosecution"), having been consulted through the Registry, has no objection to the grant of safe conduct for the Witness,

NOTING FURTHER the Decision on Defence Motions to Summon and Protect Defence Witnesses, and on the Giving of Evidence by Video-Link, rendered on 25 June 1996 by Trial Chamber II in Prosecutor v. Dusko Tadic, Case No. IT-94-1-T, which established that safe conduct, although not provided for in the Statute of the International Tribunal, can be ordered under the general power of Rule 54 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

CONSIDERING that the physical presence of witnesses before the International Tribunal is of fundamental importance to the administration of justice,

PURSUANT to Rule 54 of the Rules

AND WITH THE AGREEMENT OF THE PARTIES

HEREBY GRANTS the Motion in the terms set out below and ORDERS as follows:

  1. the Witness shall not be prosecuted, detained or subject to any other restriction on his personal liberty while in the Netherlands, or in transit, for the purpose of testifying before the International Tribunal, by or on behalf of the Prosecution, in respect of acts within the jurisdiction of the International Tribunal and allegedly committed prior to his departure from his home country;
  2. the safe conduct shall be limited in time to seven days prior to and seven days after the giving of testimony, subject to the Witness no longer being required by the International Tribunal. In case of illness which prevents the Witness from leaving the Netherlands, the Witness will retain the safe conduct until he is able to travel again and for a period of seven days thereafter, which is required for his return to his home country;
  3. the Witness shall be restricted to travelling between the port of entry or of exit and his or her lodgings, limited movements around the vicinity of the place of lodging, and between the lodgings and the International Tribunal.

 

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

_________________________

Antonio Cassese

Presiding Judge

Dated this twelfth day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]