proceedings it shall choose to hear witnesses. The Court recalis its decision of
26 January
2016
in which
it did not deem
the presence
of the Applicant
necessary and rejected the Applicant's request to appear before the Court as
a witness.
57.
The Court also notes that proceedings before it are guided by its Rules and its
Rules currently do not provide for the modalities of taking of evidence by use of
video conferencing technology. The modalities of taking of evidence by video
conferencing technology would require the installation of necessary equipment
and software, the deployment of Registry staff to the witness’ location and
conclusion of cooperation agreements between the Court and the state in which
the witness is located. To this end, the Court recalls its decision of 2 March
2016 in which it informed the representative of the Applicant that the Court did
not
have
the
capacity
to
facilitate
the
participation
of the
Applicant
in
proceedings by video conferencing technology.
58.
In the absence of Rules guiding the taking of evidence by video conferencing
technology, the Court holds that it cannot compel the Respondent to provide
access to video conferencing technology to allow the Applicant participate or
follow proceedings before the Court and declines the Applicant's request.
issue 4: Applicant’s Request to Order the Respondent to comply with the
Court's Decision of 7 October 2015 to file pertinent documents.
59.
The Applicant requests the Court to order the Respondent to comply with the
Court's Decision
of 7 October 2015 to file national laws, charge
sheets and
proceedings from the national courts related to the cases the Applicant was
charged with before the national courts of the Respondent. The Applicant prays
that in the event the Respondent fails to comply with the Court’s Decision, the
Court attach all legal consequences it deems necessary.
60.
The Respondent did not submit observations on this issue. The Court however
recalls
that
in
response
to the
Court’s
Decision
of 7 October
2015,
the
Respondent on 23 December 2015 filed observations in which it expressed
12