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:
19 February 2003

 

PROSECUTOR
v.
SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON PROSECUTION MOTION FOR THE TESTIMONY OF NOJKO MARINOVIC VIA VIDEO-CONFERENCE LINK

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack

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 the "Prosecution’s Motion for the Testimony of Nojko Marinovic via Video-Conference Link", filed by the Prosecution on 14 February 2003 ("the Motion"),

NOTING that provisional arrangements have been made with the Registry of the International Tribunal to put in place the necessary systems to enable a video-conference link to be established on Tuesday 4 March 2003,

NOTING that the Trial Chamber has admitted the written statement of Nojko Marinovic ("the Witness") into evidence as Prosecution Exhibit 374,

CONSIDERING that the Trial Chamber is satisfied that it would be in the interests of justice for the accused to have the opportunity to cross-examine the Witness,

CONSIDERING also that the Trial Chamber is satisfied that, based on the current state of health of the Witness, it is not possible for the Witness to travel to the seat of the International Tribunal and that it would be appropriate for his testimony to be given by way of a video-conference link,

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 Rule 71 bis of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANTS THE MOTION and ORDERS that the Witness may testify through video-conference link on Tuesday 4 March 2003, provided that the necessary equipment can be made available to the International Tribunal,

and DIRECTS the Registrar to take all reasonable steps in the circumstances of the present case to ensure that the guidelines established in the Tadic Decision are followed.

 

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

___________________________
Richard May
Presiding

Dated this nineteenth day of February 2003
At The Hague
The Netherlands

[Seal of the Tribunal]