Case No. IT-01-48-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Amin El Mahdi

Registrar:
Mr. Hans Holthuis

Decision of:
25 July 2005

PROSECUTOR

v.

SEFER HALILOVIC

______________________________________________

DECISION ON MOTION CONCERNING FURTHER AGREED FACTS

______________________________________________

The Office of the Prosecutor:

Mr. Philip Weiner
Ms. Sureta Chana
Mr. David Re
Mr. Manoj Sachdeva

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

 

TRIAL CHAMBER I, SECTION A, ("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 "Motion Concerning Further Agreed Facts", filed by the Defence with two annexes on 14 July 2005 ("Motion");

NOTING that the Defence submits in Annex A four statements as agreed facts concerning the military security service admitted by both parties; and further submits that the Law on District Military Courts, attached as Annex B, be admitted into evidence;

NOTING that the Prosecution stated in the hearing on 14 July 2005 that it agrees to all four statements contained in Annex A;

NOTING the "Trial Chamber’s Oral Decision on Motion re Agreed Facts and Motion for Withdrawal of ‘Motion for Judicial Notice’", issued on 12 May 2005;

CONSIDERING that Rule 65 ter (H) of the Rules of Procedure and Evidence ("Rules") provides that the pre-trial judge shall record the points of agreement and disagreement on matters of law and fact [ …] and that Rule 65 ter (M) provides that the Trial Chamber may proprio motu exercise any of the functions of the pre-trial judge;

CONSIDERING that the Trial Chamber finds that the recording of points of agreement between the parties at the trial stage results in the acceptance of those agreed points as evidence pursuant to Rule 89 (C);

FOR THE FOREGOING REASONS,

RECORDS the agreement of the parties regarding the facts set out in Annex A to the Motion;

ADMITS the Annexes A and B to the Motion into evidence; and

REQUESTS the Registrar to assign one Defence exhibit number to the two Annexes.

 

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

______________
Judge Liu Daqun
Presiding

Dated this twenty-fifth day of July 2005
At The Hague,
The Netherlands

[Seal of the Tribunal]