Availability of witnesses

Notion(s) Filing Case
Appeal Judgement - 04.12.2012 LUKIĆ & LUKIĆ

58. Further, the Appeals Chamber notes that, on 9 December 2008, the Prosecution submitted that three potential female witnesses were unwilling to speak to the Defence Team.[1] However, once Milan Lukić had received their identifying information, he was obliged to make use of all mechanisms of compulsion available under the Statute and the Rules had he wanted to contact them.[2]

[1] Prosecutor v. Milan Lukić and Sredoje Lukić, Case No. IT-98-32/1-T, Prosecution Motion to Redact Identifying Information, 9 December 2008 (confidential with confidential Annex A), paras 3-6, 10-12, 16-17, 20.

[2] Cf. Kupreškić et al. Appeal Judgement, para. 50, referring to Prosecutor v. Duško Tadić, Case No. IT-94-1-A, Decision on Appellant’s Motion for the Extension of the Time-Limit and Admission of Additional Evidence, 16 October 1998, para. 47.

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