IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 3 June 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON THE PROSECUTIONS NOTICE OF ITS INTENTION TO SHOW VIDEO EXCERPTS TO WITNESS "N"
The Office of the Prosecutor
Mr. Eric Ostberg Mr. Giuliano Turone
Ms. Teresa McHenry Ms. Elles van Duschotten
Counsel for the Accused
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Micheal Greaves for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo
THIS 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 ("International Tribunal");
BEING SEISED of the Notice of the Prosecution of its Intention to Show Video Excerpts to Witness "N", filed by the Office of the Prosecutor ("Prosecution") on 10 April 1997 (the "Notice") (Official Record at Registry Page ("RP") D 3230 - D 3232);
CONSIDERING that the Prosecution intends to show excerpts of videotapes to allow witness "N" to identify some places and persons inside the Celibici camp;
CONSIDERING the two alternatives for proceeding to show the video excerpts to witness "N" suggested in the Notice, namely
a) to delay the showing and the accompanying testimony of witness "N" until after the testimony of a Vienna Police officer which will provide a basis for the admission of the full videotapes, of which the excerpts constitute a part, into evidence, or
b) to provisionally enter the videotapes into evidence for identification purposes, show the excerpts to witness "N" and to later admit the full videotapes into evidence;
CONSIDERING that the Prosecution submits that the alternative set out in sub-paragraph b) is the most expedient path to follow;
CONSIDERING the response to the Notice filed by the Defence on behalf of the accused Hazim Delic on 21 April 1997 (RP D 3408 - D 3410);
HAVING HEARD the oral arguments of the Prosecution and the Defence on behalf of all four accused persons;
NOTING the objections raised by both counsel for the accused Zejnil Delalic and counsel for the accused Zdravko Mucic, as to the admissibility of the entire videotape, and requesting the establishment of its admissibility through an appropriate witness before showing any excerpts to witness "N";
CONSIDERING therefore that there is a lack of agreement on the admissibility into evidence of the videotapes, the excerpts of which the Notice brings into issue;
CONSIDERING FURTHER that the identification of the places and people in the Celebici camp may be done through the use of photographs or by other means available to the Prosecution;
HEREBY REJECTS the Prosecutions proposal to show the video excerpts to witness "N" prior to the admission into evidence of the enitre videotapes.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this third day of June 1997
At The Hague,
[Seal of the Tribunal]