Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
28 August 2002
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION MOTIONS TO CALL ADDITIONAL WITNESS AND FOR ORDER FOR PROTECTIVE MEASURES INCLUDING USE OF VIDEO-CONFERENCE LINK
__________________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
The Accused
Slobodan Milosevic
Amicus Curiae
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff
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 ("the International Tribunal"),
BEING SEISED of a confidential Prosecution motion for leave to call certain witnesses, including a witness designated as ‘K41’, and a confidential and partially ex parte "Prosecution’s Motion for Protective Measures for K41" both filed by the Office of the Prosecutor ("Prosecution") on 21 August 2002, 19 August 2002, together with a confidential "Motion for Testimony with Protective Measures via Video-Conference Link for K41", filed by the Prosecution on 26 August 2002,
NOTING that provisional arrangements have been made with the Registry to put in place the necessary systems to enable a video-conference link to be set up on Thursday 5 September 2002,
CONSIDERING that the Trial Chamber is satisfied that it is in the interests of justice to permit the Prosecution to call the witness designated as K41,
CONSIDERING that the protective measures sought in respect of the witness to be called are reasonable and should be granted,
CONSIDERING that the Trial Chamber finds that it would be in the interests of justice to grant the application for use of a video-conference link in that the Trial Chamber is satisfied that permitting the Prosecution to present the evidence of this witness by way of video-conference at this stage of the proceedings would contribute both to the conduct of a fair trial and to the expeditious conclusion of the part of the proceedings pertaining to Kosovo,
CONSIDERING that guidelines for the giving of evidence by video-conference link have been laid down in the "Decision on the Defence Motions to Summons and Protect Defence Witnesses, and on the Giving of Evidence by Video-Link", issued by Trial Chamber II in Prosecutor v. Duško Tadić, Case No. IT-94-1, 25 June 1996 (“the Tadić Decision”),
PURSUANT TO Rules 71 bis, 73 bis and 75 of the Rules,
HEREBY ORDERS as follows:
and DIRECTS the Registrar to take all reasonable steps in the circumstances of the present case to ensure that the guidelines established in the Tadić Decision are followed.
For the purpose of this decision, "the public" means and includes all persons, governments, organisations, entities, clients, associations and groups, other than the Judges of the International Tribunal, the staff of the Registry, the Prosecutor, and the accused and the amici curiae. "The public" also includes, without limitation, families, friends, and associates of the accused; the accused and defence counsel in other cases or proceedings before the International Tribunal; the media; and journalists.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this twenty-eighth day of August 2002
At The Hague
The Netherlands
[Seal of the Tribunal]