Case No.: IT-97-24-T

Ms. Joanna Korner
Mr. Nicholas Koumjian

THIS 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 ("International Tribunal"),

NOTING that one of the Judges of this Trial Chamber, namely Judge Fassi Fihri, is temporarily unavailable to sit in court due to ongoing illness,

NOTING that on 6 September 2002 the two present Judges of this Trial Chamber ordered, pursuant to Rule 15 bis of the Rules of Procedure and Evidence ("Rules"), that the hearing of this case continue in the absence of Judge Fassi Fihri for the maximum period of three days permitted under the Rules,

NOTING FURTHER that, as of the end of today, 11 September 2002, the three day period will have expired,

NOTING that Rule 71 of the Rules sets out a procedure permitting evidence for use at trial to be taken by way of deposition,

NOTING that, pursuant to Rule 71 (A) of the Rules, the Trial Chamber, where it is in the interests of justice to do so, may order, either proprio motu or at the request of a party, that deposition evidence be taken before a duly appointed Presiding Officer,

NOTING the agreement of the parties in this case to the use of this procedure for direct and cross-examination of the following witnesses, subject to any decisions on objections and matters of admissibility being reserved to the Trial Chamber:

• Mr. Dusan Baltic
• Dr. Ewan Brown
• Mr. Andrew Corin
• Mr. Nicolas Sebire
• Mme Ewa Tabeau
• Mr. Edward Vulliamy

NOTING, in particular, that the accused Dr. Milomir Stakic has consented to the use of this procedure,

NOTING FURTHER that the accused has agreed that Judge Vassylenko may be present in the courtroom during the deposition proceedings,

CONSIDERING that the unavailability of one of the members of the Trial Chamber must not prejudice the right of the accused to be tried without undue delay, as provided in Article 21, paragraph 4(c), of the Statute of the International Tribunal ("Statute"),

CONSIDERING the guidance on the interpretation of Rule 71 (A) by the Appeals Chamber of the International Tribunal in its Decision of 15 July 1999 in Prosecutor v. Zoran Kupreskic et al.,

CONSIDERING that the accused has explicitly consented to take depositions under Rule 71 of the Rules in the case in the absence of Judge Fassi Fihri,

PURSUANT to Article 21 of the Statute and Rules 15 bis, 54 and 71 of the Rules,

ORDERS, proprio motu, that the evidence of the aforementioned witnesses, namely, Mr. Baltic, Dr. Brown, Mr. Corin, Mr. Sebire, Mme Tabeau and Mr. Vulliamy, be taken pursuant to Rule 71 of the Rules, such procedure to cease immediately upon the return of Judge Fassi Fihri to active duty,

APPOINTS as a Presiding Officer for that purpose Judge Wolfgang Schomburg, and

FURTHER ORDERS that the deposition procedure shall be as follows:

1. The depositions to be taken in a courtroom at the seat of the International Tribunal, during the normal court sessions as previously scheduled;
2. Judge Vassylenko may be present in the courtroom during the deposition proceedings;
3. All participants to be robed as usual;
4. The hearings to be public subject to any protective measures that may be ordered in relation to particular witnesses;
5. The record to be transmitted to the Trial Chamber, comprising three Judges, pursuant to Rule 71 (E) of the Rules.

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

_______________________
Judge Wolfgang Schomburg

Dated this eleventh day of September 2002
At The Hague
The Netherlands

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