Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mr Hans Holthuis

Order of:
15 January 2001







The Office of the Prosecutor:

Ms Hildegard Uertz-Retzlaff
Ms Peggy Kuo
Mr William Smith

Counsel for the Accused:

Mr Mihajlo Bakrac
Mr Miroslav Vasic


THIS TRIAL CHAMBER of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,

BEING SEISED of the confidential "Prosecutor’s Motion for Testimony by Video-Conference Link" filed on 7 December 2000 ("Motion"), requesting that the witnesses FWS-49 and FWS-115 be permitted to testify by means of a video-conference link;

CONSIDERING that the Prosecutor subsequently made an oral application to the Chamber to withdraw the Motion as it pertains to witness FWS-115, who will not be testifying in this case;

CONSIDERING that in accordance with Rule 90 of the Rules of Procedure and Evidence ("Rules") the Trial Chamber prefers that witnesses be heard directly whenever possible;

CONSIDERING HOWEVER that the medical condition specified in the Motion precludes witness FWS-49 from appearing before the Tribunal, which in the circumstances shows good cause;

CONSIDERING that testimony from this witness would be important to the case and that it would be in the interests of justice to grant the Motion in respect of this witness;

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 Duško Tadic, Case No IT-94-1, 25 June 1996 ("Tadic Decision");

PURSUANT TO Rule 71 bis of the Rules;

HEREBY GRANTS the Motion and orders that witness FWS-49 may testify through video-conference link on 30 January 2001;

ORDERS that all protective measures orders in relation to this case still in force will continue to stay in force 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 both English and French, the English version being authoritative.

David Hunt
Presiding Judge

Done this the fifteenth day of January 2001
At The Hague
The Netherlands

[Seal of the Tribunal]