IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 11 February 1999

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

___________________________________________________________

DECISION ON PROSECUTION AND DEFENCE REQUESTS
TO PROCEED BY DEPOSITION

___________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Želimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herjevic for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

TRIAL CHAMBER II 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 ("International Tribunal");

BEING SEISED of the requests of the Prosecution and the Defence made on 11 February 1999;

NOTING that Judge Antonio Cassese, Presiding Judge of Trial Chamber II which is currently hearing this case, is temporarily indisposed for medical reasons;

NOTING the agreement of the parties, and the consent of the accused, to make use of the procedure provided for in Rule 71 of the Rules of Procedure and Evidence (the "Rules") reflected in the transcript of 11 February 1999, and that Judge Richard May and Judge Florence Mumba are appointed as Presiding Officers;

CONSIDERING that the unavailability of one of the members of the Trial Chamber must not prejudice the right of the accused to be tried without undue delay, as provided in Article 21(4)(c) of the Statute of the International Tribunal (the "Statute");

CONSIDERING FURTHER that the unavailability of one of the Judges constitutes an exceptional circumstance, and that it is in the interests of justice that the hearing of witnesses in this trial should not be stayed;

CONSIDERING that, pursuant to Rule 71(A) of the Rules, at the request of either party, the Trial Chamber may, in exceptional circumstances and in the interests of justice, order that deposition evidence be taken before a duly appointed Presiding Officer;

CONSIDERING that depositions will be taken as a temporary measure on 11 February 1999 and 12 February 1999;

CONSIDERING that the procedure of hearing the witnesses will be the same as in an ordinary hearing, and that pursuant to Rule 71(E), a record of the deposition shall be transmitted to the Trial Chamber;

CONSIDERING that protective measures pursuant to Rule 75 will continue to apply during the taking of deposition evidence;

FOR THE FOREGOING REASONS

PURSUANT to Article 21 of the Statute and Rules 54, 71 and 75 of the Rules,

GRANTS the requests of the parties;

ORDERS that during the hearings of 11 and 12 February 1999 depositions will be taken pursuant to Rule 71;

APPOINTS as Presiding Officers for that purpose Judge Richard May and Judge Florence Mumba;

ORDERS that the deposition procedure shall apply as follows:

    1. The Presiding Officers and the parties shall be robed as usual.

    2. The hearings shall be public subject to protective measures.

    3. The record shall be transmitted to the Trial Chamber, consisting of three Judges, pursuant to Rule 71(E).

 

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

___________________________

Richard May

Presiding Judge

Dated this eleventh day of February 1999

At The Hague

The Netherlands

[Seal of the Tribunal]