Case No. IT-95-11-T

Date: 10 November 2006

IN TRIAL CHAMBER I

 Before:

 

Judge Bakone Justice Moloto, Presiding

Judge Janet Nosworthy

Judge Frank Höpfel

 

Registrar:

Mr. Hans Holthuis Decision of: 10 November 2006

 

PROSECUTOR

v.

MILAN MARTIC

_________________________________________________________________________________________________________________

DECISION ON DEFENCE MOTION FOR THE TESTIMONY OF PROFESSOR SMILJA AVRAMOV VIA VIDEO-CONFERENCE LINK

_________________________________________________________________________________________________________________

 

 

 

 

The Office of the Prosecutor:

Mr. Alex Whiting

Ms. Anna Richterova

Mr. Colin Black

Ms. Nisha Valabhji    

Counsel for the Accused:

Mr. Predrag Milovancevic

Mr. Nikola Perovic    

 

TRIAL CHAMBER I ("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 "Defence Motion for the Testimony of a Witness via Video-Conference Link" ("Motion"), filed on 7 November 2006, in which the Defence requests that expert witness Professor Smilja Avramov be permitted to give her testimony by means of video-conference link pursuant to Rule 71 bis of the Rules of Procedure and Evidence ("Rules");

NOTING that the Prosecution did not object to the motion;

NOTING the certificate on the medical health of Smilja Avramov, filed confidentially on 10 November 2006;

NOTING Rule 71 bis of the Rules which provides that "a Trial Chamber may, in the interests of justice, order that testimony be received via video-conference link";

NOTING the criteria set out in the "Decision on the Defence Motions to Summon a Protect Witness, and on the Giving of Evidence by Video-Link" issued by the Trial Chamber in the Tadic case on 25 June 1996 ("Tadic Decision");

CONSIDERING that Professor Smilja Avramov is unable to travel to The Hague to give her testimony due to her age and health concerns;

NOTING the "Decision on Defence's Submission of the Expert Report of Professor Smilja Avramov pursuant to 94 bis", filed on 9 November 2006 by which the Trial Chamber admitted into evidence a redacted version of the witness' expert report and ordered the expert witness to appear for cross-examination;

CONSIDERING that by testifying Professor Smilja Avramov may assist the Trial Chamber by giving her expert opinion of the facts established or assumed in the cited report;

FINDING that it is in the interests of justice that Professor Smilja Avramov testifies via video-conference link;

FOR THE FOREGOING REASONS,

PURSUANT to Rule 71 bis of the Rules;

GRANTS the motion,

ORDERS that the testimony of the expert witness Professor Smilja Avramov shall be received through video-conference link to be scheduled starting on 14 November 2006 between Belgrade and the assigned courtroom of the Tribunal, and

DIRECTS the Registry to take all necessary measures in order to set up the video-conference link according to the criteria set out in the Tadic Decision.

 

 

 

 

 

 

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

______________________________

Judge Bakone Justice Moloto

Presiding

Dated this tenth of November 2006 At The Hague       The Netherlands                

[ Seal of the Tribunal]