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Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 30 January 2003
OK/P.I.S./726e
SIMIC ET AL. CASE ("BOSANSKI SAMAC"):
DEPOSITIONS OF WITNESSES TO BE TAKEN IN BELGRADE, FEDERAL REPUBLIC OF YUGOSLAVIA
From Monday 3 February to Friday 7 February 2003, the depositions of defence witnesses will be taken in Belgrade in the case The Prosecutor v. Blagoje Simic et al. pursuant to Rule 71 of the ICTY’s Rules of Procedure and Evidence.
Rule 71 of the Rules provides that where it is in the interests of justice to do so, a Trial Chamber may order, at its own initiative or at the request of a party, "that a deposition be taken for use at trial, whether or not the person whose deposition is sought is able physically to appear before the Tribunal to give evidence…Deposition evidence may be taken either at or
away from the seat of the Tribunal, and it may also be given by means of a video-conference". The Trial Chamber must "appoint a Presiding Officer for that purpose." If the order is made following the request of a party, the latter must file a Motion which specifies "the circumstances justifying the taking of the deposition." The other party has "the right to
attend the taking of the deposition and cross-examine" the witnesses. A record, that the Presiding Officer must transmit to the Trial Chamber for its Decision, must be made of the deposition.
On 11 December 2003, Trial Chamber II, composed of Judges Mumba (Presiding), Williams and Lindholm, rendered a confidential Decision on "the Joint Defence Motion in Respect to Rule 71" in which it granted the motion in part and ordered that depositions in this case be taken in Belgrade, FRY from 3-7 February 2003.
The hearings will be held in closed session and will be conducted by the Presiding Officer appointed by the Chamber.
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