Order on the Motion to Allow Certain Witnesses to Give Testimony by means of Video-Link Conference

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: 11 November 1997

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_______________________________________________________________

ORDER ON THE MOTION TO ALLOW CERTAIN WITNESSES TO
GIVE TESTIMONY BY MEANS OF VIDEO - LINK CONFERENCE

________________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Michael 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 a confidential motion to allow certain witnesses to give their testimony by means of video - link conference, filed 26 September 1997, by the Office of the Prosecutor ("Prosecution"), (Official Record at Registry Page ("RP") D5189 - D5192), ("Motion");

CONSIDERING the oral submissions of the Prosecution while speaking to the Motion at a hearing held on 13 October 1997;

CONSIDERING that at that hearing, the Prosecution submitted that three of the four persons named in the motion were totally unwilling to testify and the fourth was possibly willing to testify in The Hague;

NOTING that pursuant to sub - Rule 90 (A) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") a Chamber is authorised to receive testimony by means of video-link conferencing "... in exceptional circumstances and in the interest of justice...";

CONSIDERING that the reasons proffered by the Prosecution for the hearing of the testimony by video link conference do not satisfy the requirements of sub - Rule 90 (A);

PURSUANT TO RULES 54 and 90;

HEREBY DENIES THE MOTION.

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

________________________

Adolphus Godwin Karibi-Whyte

Presiding Judge

Dated this 11th day of November 1997

At The Hague,

The Netherlands.

[Seal of the Tribunal]