Case No. IT-95-13/1-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Christine Van Den Wyngaert
Judge Krister Thelin

Registrar:
Mr. Hans Holthuis

Order of:
21 November 2005

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN

________________________________________________

DECISION ON PROSECUTION MOTION FOR THE TESTIMONY OF WITNESSES VIA VIDEO-CONFERENCE LINK

________________________________________________

 

The Office of the Prosecutor:

Mr Marks Moore

Counsel for the Accused:

Mr Miroslav Vasic and Mr Vladimir Domazet for Mile Mrksic
Mr Borivoje Borovic and Ms Mira Tapuskovic for Miroslav Radic
Mr Novak Lukic and Mr Momcilo Bulatovic for Veselin Sljivancanin

 

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 SEIZED OF the Confidential Prosecution Motion for the Testimony of a Witness via Video-Conference Link ("Motion"), filed on 28 October 2005, requesting that Prosecution witness, Ms Ljubica Dosen, be permitted to give her testimony by means of video-conference link pursuant to Rule 71 bis of the Rules of Procedure and Evidence ("Rules");

NOTING that in its Motion the Prosecution states that Ms Ljubica Dosen is unable to travel to The Hague to give her testimony due to health concerns;1

NOTING that the Prosecution has proposed that in the event that the Motion is granted the video-conference link be established between the Tribunalís field office in Zagreb and the Tribunal in the Hague, to enable the witness to give her testimony on a date between 28 November 2005 and 9 December 2005;

NOTING that the Defence has not filed a response to the Motion;2

NOTING Rule 71 bis of the Rules which provides that "a Trial Chamber may, in the interests of justice, order that testimony be received via video-conference link";

NOTING the guidelines set out in the "Decision on the Defence Motions to Summon and Protect Witnesses, and on the Giving of Evidence by Video-Link" issued by Trial Chamber II in Prosecutor v Dusko Tadic, Case No. IT-94-1, 25 June 1996 ("Tadic Decision");

CONSIDERING that, given the reasons elucidated in the Motion as to the witnessí inability to travel to The Hague, the Trial Chamber finds it to be in the interests of justice that the testimony of Ms Ljubica Dosen be given by video-conference link;

FOR THE FOREGOING REASONS,

PURSUANT to Rule 71 bis of the Rules;

HEREBY GRANTS the Motion and ORDERS that the testimony of Ms Ljubica Dosen will be given by means of video-conference link between the Tribunalís field office in Zagreb and the Tribunal in The Hague, in accordance with the guidelines set out in the aforementioned Tadic Decision.

 

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

Dated this twenty-first day of November 2005
At The Hague
The Netherlands

____________________________
Judge Kevin Parker
Presiding

[Seal of the Tribunal]


1. A medical report verifying Ms Ljubica Dosenís health concerns is attached to the Motion as Annex 1 in both its original BCS and English translation versions.
2. The time to file a response has expired according to Rule 126 bis of the Rules.