Case No. IT-01-47-T

IN TRIAL CHAMBER II

Before:
Judge Jean-Claude Antonetti
Judge Vonimbolana Rasoazanany
Judge Bert Swart

Registrar:
Mr Hans Holthuis

Decision of:
22 June 2005

THE PROSECUTOR

v.

ENVER HADZIHASANOVIC
AMIR KUBURA

_________________________________________

ORDER ON ADMISSION OF CHAMBER EXHIBITS

_________________________________________

The Office of the Prosecutor:

Mr Daryl Mundis
Ms Tecla Henry-Benjamin
Mr Stefan Waespi
Mr Matthias Neuner

Defence Counsel:

Ms Edina Residovic and Mr Stéphane Bourgon for Enver Hadzihasanovic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura

 

TRIAL CHAMBER II ("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"),

NOTING that Rule 89(C) of the Rules of Procedure and Evidence of the Tribunal ("Rules") provides that the Trial Chamber may admit any relevant evidence which it deems to have probative value;

NOTING that Rule 95 of the Rules provides, inter alia, that any evidence obtained by methods which cast substantial doubt on its reliability shall not be admissible;

NOTING that during the presentation of its case the Office of the Prosecutor ("Prosecution") submitted to the Chamber and the Defence ten war diaries and operations logbooks ("War Diaries") with the request that only some extracts of the War Diaries be admitted as Prosecution exhibits-1-;

CONSIDERING that during the hearing of 27 April 2004 the Defence submitted that the War Diaries should be admitted in full since quoting extracts diminishes their reliability-2-;

CONSIDERING that in its oral ruling of 17 May 2004, the Chamber requested the Prosecution to provide full translations of the War Diaries-3-;

CONSIDERING that in its Decision on the admissibility of certain challenged documents and documents for identification rendered on 16 July 2004 the Chamber admitted the extracts of the War Diaries, holding that the copies of the War Diaries present sufficient indicia of reliability, relevance and probative value-4-;

CONSIDERING that the admission of the War Diaries in full will contribute to the ascertainment of the truth;

CONSIDERING moreover that such admission could assist in clarifying previously admitted exhibits and in following the sequence of events in 1993;

FOR THE FOREGOING REASONS,

PURSUANT to Rules 89, 95 and 98 of the Rules,

ORDERS that the War Diaries be admitted in full as Chamber exhibits, except for the Prosecution exhibits which have already been admitted in the proceedings;

DECIDES that the new exhibits shall be marked as indicated in the attached Annex A.

 

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

__________
Judge Jean-Claude Antonetti
Presiding

Done this twenty-second day of June 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. P411, P412, P413, 414, P415, P421, P428, P429, P529, P548, P556, P557, P604, P606, P614, P617, P659, P667, P705, P711, P712, P716, P794, P801, P882, P883, P884.
2. T.6219-6220
3. T.7479 (17 May 2005)
4. See the Decision on the admissibility of certain challenged documents and documents for identification, rendered on 16 July 2004, para. 63. See the global reference numbers attributed by the Registry on 27 July to a group of documents from the War Diaries: P923 (P411, P412, P413, 414, P548, P557, P794), P924 (P421, P428, P429, P604, P659, P667), P925 (P606, P614, P705, P711), P926 (P556, P617, P712, P884), P927 (P529, P716, P801), P928 (P882, P883), T. 10103-10105 (23 July 2004). Document P415 does not appear under the global reference numbers.

ANNEX A

Title

Period covered

ERN Numbers

Exhibit #

Location

Operations Logbook of the Operations Group

30.06.93 09.12.93

0180 1960 0180 2159

Excluding:

ERN 01802133 to 34, admitted as P 925 Tab 4

C11

Binder 1

B/C/S

Binder 2

English

Operations Group Bosanska Krajina. Mail Delivery Book

19.09.93 11.11.93

0180 2630 0180 2718

C12

Binder 3

B/C/S and English

War Diary of the OG Bosanska Krajina

17.02.93 06.04.94

0180 3027 0180 3213

Excluding:

ERN 0180 3043-44, admitted as P 925 Tab 1

ERN 0180 3067, admitted as P 925 Tab 2

C13

Binder 4

B/C/S

Binder 5

English

"War Diary 1"

05.12.92 13.03.93

0181 3735 0181 3925

C14

Binder 6

B/C/S

Binder 7

English

"War Diary 2"

13.03.93 14.05.93

0181 3926 0181 4119

Excluding:

ERN 0180 4013, admitted as P 923 Tab1

ERN 0180 4014, admitted as P 923 Tab 2

ERN 0180 4017, admitted as P 923 Tab 3

ERN 0180 4047, admitted as P 923 Tab 5

ERN 0180 4064 to 69, admitted as P 923 Tab 7

ERN 0180 4082, admitted as P 923 Tab 6

ERN 0180 4083, admitted as P 923 Tab 4

 

C15

Binder 8

B/C/S

Binder 9

English

War Diary 3rd Corps Command

16.05.93 28.07.93

0181 4120 0181 4324

Excluding:

ERN 0180 4165, admitted as P 924 Tab 6

ERN 0180 4170, admitted as P 924 Tab 5

ERN 0180 4171, admitted as P 924 Tab 1

ERN 0180 4192 to 94, admitted as P 924 Tab 2

ERN 0180 4198 to 4216, admitted as P 924 Tab 3

ERN 0180 4276-77, admitted as P 924 Tab 4

C16

Binder 10

B/C/S

Binder 11

English

Logbook of the Duty Operations Team of the Staff of the Supreme Command of the BH Army

16.01.93 18.02.93

0182 5726 0182 5918

Excluding:

ERN 0180 5793 to 94, admitted as P 928 Tab 1

ERN 0180 5803, admitted as P 928 Tab 2

C17

Binder 12

B/C/S

Binder 13

English

War Diary of the 306th Mountain Brigade

30.11.92 10.09.94

01826745 01826851

Excluding:

ERN 0182 6754, admitted as P 926 Tab 1

ERN 0182 6768, admitted as P 926 Tab 3

ERN 0182 6792, admitted as P 926 Tab 2

ERN 0182 6824, admitted as P 926 Tab 4

C18

Binder 14

B/C/S

Binder 15

English

Operations Logbook

01.12.92 06.02.93

No ERN Number

C19

Binder 16

B/C/S and English

Operations Logbook

06.02.93 22.06.93

No ERN Number

Excluding :

P 415

C20

Binder 17

B/C/S and English