Case No. IT-99-36-T

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
7 July 2003

PROSECUTOR
v.
RADOSLAV BRDANIN

____________________________

DECISION ON PROSECUTION’S MOTION FOR ADMISSION OF STATEMENTS PURSUANT TO RULE 92BIS – DESTRUCTION OF RELIGIOUS SITES

____________________________

The Office of the Prosecutor:

Ms. Joanna Korner

Counsel for the Accused:

Mr. John Ackerman
Mr. David Cunningham

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED OF the "Prosecution’s Motion for Admission of Statements Pursuant to Rule 92 bis – Destruction of Religious Sites" and "Confidential Annex A" ("Motion"), filed on 28 April 2003, requesting the admission of the written statements and relevant attachments of witnesses 7.213, 7.242, 7.243, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 and 7.274 pursuant to Rule 92bis of the Rules of Procedure and Evidence of this Tribunal ("Rules");

NOTING the "Response to Prosecution Motion for Admission of Statements Pursuant to Rule 92 bis – Destruction of Religious Sites", filed on 21 May 2003, submitting that:

1. the Defence does not object to the admission into evidence of the written statements of witnesses 7.213, 7.242, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 or 7.274;
2. the Defence does not object to Rule 92bis treatment of witness 7.243, provided that only the written statement of the witness will be admitted into evidence without the relevant attachments, for the reason that the "SaCttachments are irrelevant";
3. should the attachments related to the statement of witness 7.243 be admitted into evidence pursuant to Rule 92bis of the Rules, the Defence request that witness 7.243 appear for cross-examination;

NOTING that by agreeing to Rule 92bis treatment of testimonies and statements of witnesses, the Defence does not concede the accuracy of any statements or assertions made by any witness;

CONSIDERING that the Trial Chamber has a duty to ensure that the requirements for the admission into evidence of witnesses’ statements and relevant attachments pursuant to Rule 92bis of the Rules are met, and that the application of this Rule in the instant case does not prejudice the rights of the accused envisaged in Article 21 of the Statute of this Tribunal;

CONSIDERING that the Trial Chamber is satisfied that the written statements which the Prosecution requests to admit into evidence go to proof of matters other than the acts and conduct of Radoslav Brdjanin ("Accused") as charged in the Indictment;

FINDING therefore that the requirements of Rule 92bis of the Rules are met and that it is in the interests of justice to admit the statements of witnesses 7.213, 7.242, 7.243, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 and 7.274;

NOTING the "Prosecution’s Argument for Admission of the Attachments to Witness 7.243", filed on 2 July 2003, stating that:

1. the brochure (ERN 0114-7451-0114-7456)¹ attached to the written statement of witness 7.243 is of limited relevance and as a result the Prosecution no longer seeks its admission; and
2. the Prosecution seeks admission of all the photographs on the CD-Rom (ERN 0179-8778-0179-9430) accompanying the written statement of witness 7.243, but not the text;

CONSIDERING the oral decision issued during the hearing of 4 July 2003² to expunge the brochure as an attachment to the statement of witness 7.243 and to admit the photographs into evidence;

PURSUANT TO Rule 92bis of the Rules;

The written statements and of witnesses 7.213, 7.242, 7.243, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 and 7.274 are admitted into evidence under Rule 92bis of the Rules.

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

Dated this seventh day of July 2003.
At The Hague
The Netherlands

______________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]

1. The ERN number mentioned by the Prosecution in its filing is incorrect.
2. Trial Transcript, 18944-18946.