Case No. IT-03-68-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Registrar:
Mr. Hans Holthuis

Decision of:
16 March 2005

PROSECUTOR

v.

NASER ORIC

_____________________________________________

DECISION ON PROSECUTION MOTION FOR THE TESTIMONY OF A WITNESS VIA VIDEO-CONFERENCE LINK

_____________________________________________

The Office of the Prosecutor:

Mr. Jan Wubben

Counsel for the Accused:

Ms. Vasvija Vidovic
Mr. John Jones

 

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 partly confidential "Motion for the Testimony of a Witness via Video-Conference Link" filed by the Office of the Prosecutor ("Prosecution") on 7 March 2005 ("Motion") in which the Prosecution requests that a Prosecution witness, Ms. Stana Stamenic, be permitted to give her testimony by means of video-conference link pursuant to Rule 71bis of the Rules of Procedure and Evidence of the Tribunal ("Rules") between the Tribunalís field office in Belgrade and the seat of the Tribunal in The Hague on 29 and 30 March 2005;

NOTING the Addendum to the Motion filed on 11 March 2005 in which the Prosecution seeks permission to substitute the date foreseen for the video-link conference to that of 4 and 5 April 2005;

NOTING that, in its Motion, the Prosecution states that Ms. Stamenic cannot travel to The Hague because she is a nursing mother and responsible for three young children;

NOTING that, during the hearing of 11 March 2005, Counsel for Naser Oric ("Defence") informed the Trial Chamber that it did not oppose the Motion;

CONSIDERING that the particular circumstances of Ms. Stamenic prevent her from travelling to The Hague;

CONSIDERING as a result that it is in the interests of justice that the evidence of Ms. Stamenic be received via video-conference link;

CONSIDERING that guidelines for giving evidence by video-conference link were set out 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 the Prosecutor v. Dusko Tadic, Case No. IT-94-1, 25 June 1996 ("Tadic Decision");

FOR THE FOREGOING REASONS

PURSUANT TO Rule 71bis of the Rules;

HEREBY NOTES the oral ruling of 11 March 2005 in which the Trial Chamber granted the Motion;

ORDERS that the testimony of Ms. Stamenic be conducted by video-conference link between the field office of the Tribunal in Belgrade and the assigned courtroom at the seat of the Tribunal in The Hague on 4 and 5 April 2005; 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 sixteenth day of March 2005,
At The Hague,
The Netherlands.

____________________________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]