Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Lasva Valley, Prosecutor v. Kupreskic et al., Decision on Prosecution Request to Proceed by Deposition, IT-95-16 (ICTY TC, Feb. 25, 1999)
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"

___________________________________________________________

DECISION ON PROSECUTION REQUEST
TO PROCEED BY DEPOSITION

___________________________________________________________

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:

During the hearings of 24, 25, and 26 February 1999 depositions will be taken pursuant to Rule 71 of the Rules;
Presiding Judge Antonio Cassese and Judge Florence NM Mumba are appointed as Presiding Officers;
The Presiding Officers and the parties shall be robed as usual;
The hearings shall be public, subject to the protective measures pursuant to Rule 75 of the Rules;
The procedure of hearing the witnesses shall be the same as in an ordinary hearing; and
The record shall be transmitted to the Trial Chamber, consisting of three Judges, pursuant to Rule 71(E) of the Rules.

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

___________________

Antonio Cassese

Presiding Judge

Dated this twenty-fifth day of February 1999

At The Hague

The Netherlands

[Seal of the Tribunal]

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