IN THE TRIAL CHAMBER
Before: Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 25 February 1999
PROSECUTOR
v.
Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"
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DECISION ON PROSECUTION REQUEST
TO PROCEED BY DEPOSITION
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The Office of the Prosecutor:
Mr. Franck Terrier
Mr. Michael Blaxill
Counsel for the Accused:
Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko
Kupreskic
Mr. Luko Susak, Ms. Goranka Herjevic for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic
TRIAL CHAMBER II 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 ("International Tribunal");
BEING SEIZED of the oral request of the Prosecution made on 24 February 1999 for the taking of deposition evidence in accordance with Rule 71 ("Depositions") of the Rules of Procedure and Evidence ("Rules") due to the temporary indisposition for medical reasons of Judge Richard May, as reflected in the transcript of 24 February 1999;
NOTING that counsel for Dragan Papic indicated that his client opposes this request because it affects witnesses who will testify to specific facts important to the Defence case;
NOTING HOWEVER, that, pursuant to Rule 71(A) of the Rules, at the request of either party, the Trial Chamber may, in exceptional circumstances and in the interests of justice, order that deposition evidence be taken before a duly appointed Presiding Officer;
CONSIDERING that the unavailability of one of the judges constitutes an exceptional circumstance;
CONSIDERING that the absent judge would scrutinise the transcript of the deposition proceedings and view the videotaped recording of the deposition hearings and that this will enable the absent judge to fully and independently appraise the evidence and assess the credibility of the witness whose depositions have been taken;
CONSIDERING that in the circumstances the taking of deposition evidence does not prejudice the rights of the accused and that the Articles 20 and 21 of the Statute of the International Tribunal requirements for both a fair and expeditious trial will thus be satisfied;
CONSIDERING that depositions will be taken as a temporary measure on 24, 25, and 26 February 1999;
CONSIDERING therefore that it is in the interests of justice that the continuation of the proceedings not be interrupted;
PURSUANT to Articles 20 and 21 of the Statute and Rules 54, 71 and 75 of the Rules,
GRANTS the request of the Prosecutor; and
ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
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Antonio Cassese
Presiding Judge
Dated this twenty-fifth day of February 1999
At The Hague
The Netherlands
[Seal of the Tribunal]