Case No. IT-99-36-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
9 September 2003

PROSECUTOR

v.

RADOSLAV BRDANIN

_________________________________

ORDER FOR TESTIMONY VIA VIDEO-CONFERENCE LINK PURSUANT TO RULE 71BIS

_________________________________

The Office of the Prosecutor:

Ms. Joanna Korner

Counsel for the Accused:

Mr. John Ackerman
Mr. David Cunningham

 

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED OF the oral motion by the Office of the Prosecutor ("Prosecution") of 28 August 2003,1 requesting that Prosecution witness Rasim Cirkic ("Witness"), be perrmitted to undergo cross-examination by Counsel for the Accused Radolav Brdjanin ("Defence") via video-conference link pursuant to Rule 71bis of the Tribunalís Rules of Procedure and Evidence ("Rules");

NOTING that, following examination-in-chief on 18 and 19 June 2003, the Trial Chamber ordered that the Witness be cross-examined at a later stage;2

NOTING that, in its oral response of 28 August 2003,3 the Defence did not object to the Witness testifying via video-conference link but requested permission for Counsel to cross-examine in the presence of the Witness;

NOTING this Trial Chamberís oral decision of 29 August 2003,4 pursuant to which the Defence was ordered to follow standard Tribunal practice and conduct the video-conference link cross-examination from the court room in The Hague;

CONSIDERING the poor state of the Witnessí health and his extreme difficulty in coping with the emotional stress caused by giving evidence;

FINDING that it is in the interests of justice that his evidence be received via video-conference link;

CONSIDERING that the Prosecution has undertaken to ensure that the Witness has medical clearance to be cross examined via video-conference link;5

CONSIDERING that guidelines for the giving of evidence by video-conference link have been laid down in the "Decision on the Defence Motions to Summon and Protect Witnesses, and on the Giving of Evidence by Video-Link" issued by Trial Chamber II in Prosecutor v Dusko Tadic, Case IT-94-1, 25 June 1996 ("Tadic Decision");

FOR THE FOREGOING REASONS

PURSUANT TO Rule 71bis of the Rules;

HEREBY ORDERS that the cross-examination of Rasim Cirkic be conducted by video-conference link on 13 October 2003; 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 French and English, the English version being authoritative.

Dated this 9th day of September 2003,
At The Hague
The Netherlands

__________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]


1. T 20682.
2. T 17879-17880. The Witness was not granted any protective measures.
3. T 20684.
4. T 20776-20777.
5. T 20683.