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DEPOSITION OF WITNESSES TO START IN NALETILIC-MARTINOVIC CASE

ZAGREB, July 20 (Hina) - The UN war crimes tribunal has announced it will begin to apply the Rule 71 of the Rules of Procedure and Evidence from Monday 23 July, in the case of two Bosnian Croats Mladen Naletilic alias Tuta and Vinko Martinovic alias Stela. Thus, Prosecution witnesses' deposition will be taken before the beginning of the trial. Rule 71 envisages that where it is the interest 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 before the commencement of the trial. In the Naletilic-Martinovic case, 18 witnesses of the prosecution will give their testimony, and the two defendants' lawyers will have the right "to attend the taking of the deposition and cross-examine" the witnesses. The deposition, which Naletilic and Martinovic can attend as well, should be held at open sessions. Some witnesses, however, will be granted p
ZAGREB, July 20 (Hina) - The UN war crimes tribunal has announced it will begin to apply the Rule 71 of the Rules of Procedure and Evidence from Monday 23 July, in the case of two Bosnian Croats Mladen Naletilic alias Tuta and Vinko Martinovic alias Stela. Thus, Prosecution witnesses' deposition will be taken before the beginning of the trial. Rule 71 envisages that where it is the interest 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 before the commencement of the trial. In the Naletilic-Martinovic case, 18 witnesses of the prosecution will give their testimony, and the two defendants' lawyers will have the right "to attend the taking of the deposition and cross- examine" the witnesses. The deposition, which Naletilic and Martinovic can attend as well, should be held at open sessions. Some witnesses, however, will be granted protection measures. The start of the trial itself is scheduled for 10 September. The indictment issued by the ICTY against these two Bosnian Croats allege that Naletilic and Martinovic, as commanders of the so- called Convicts' Battalion, should be held responsible for crimes committed by this battalion in the Croat-Muslim conflict in 1993. Naletilic was the commander of the entire battalion, while Martinovic was at the helm at one of its units. Under the indictment, the convicts' battalion, is held accountable for launching, together with units of the Croatian Army (HV) and Bosnian Croat Defence Council (HVO), attacks on Muslim-populated villages in the areas of Jablanica and Mostar (southern Bosnia- Herzegovina). This battalion is accused of persecuting the local Muslim population, arresting men and harassing them, and destroying the Muslim-owned property (such as a mosque in the village of Sovici). The two defendants are indicted on the grounds of their commanding and personal liability for crimes against humanity, serious violations of the Geneva conventions and the breach of the laws and customs of war. Naletilic (aged 54) was transferred from Croatia to The Hague on 21 March 2000, and Martinovic (38) on 9 August 1999. Both entered a plea of not guilty. (hina) ms

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