|(Exclusively for the use of the media. Not an official document)||
The Hague, 19 July 2001
Naletilić & Martinović Case:
First Application of Rule 71 of the Rules of Procedure and Evidence
From Monday 23 July to Friday 3 August 2001, the depositions of Prosecution witnesses will be taken in the case The Prosecutor v. Mladen Naletilić and Vinko Martinović (“Tuta” and “Stela”) pursuant to Rule 71 of the Rules of Procedure and Evidence.
Rule 71 of the Rules provides that where it is in the interests of justice to do so, a Trial Chamber may order, at its own initiative or at the request of a party, “that a deposition be taken for use at trial, whether or not the person whose deposition is sought is able physically to appear before the Tribunal to give evidence.” The Trial Chamber must “appoint a Presiding Officer for that purpose.” If the order is made following the request of a party, the latter must file a Motion which specifies “the circumstances justifying the taking of the deposition.” The other party has “the right to attend the taking of the deposition and cross-examine” the witnesses. A record, that the Presiding Officer must transmit to the Trial Chamber for its Decision, must be made of the deposition.
On 10 November 2000, Trial Chamber I, composed of Judges Rodrigues (Presiding), Riad and Wald, rendered a Decision on Prosecutor’s Motion to Take Depositions for Use at Trial (Rule 71) in which it appointed its Senior Legal Officer, Mr. Olivier Fourmy, as Presiding Officer (see Weekly Update No. 148 and Judicial Supplement No. 20).
The hearing, at which the two co-accused must be present, will mainly be held in open session. The Prosecution filed a finalised list of 18 deposition witnesses, some of whom were granted protective measures by the Trial Chamber.
International Criminal Tribunal for the former Yugoslavia
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