Judge Alphons Orie, Presiding
Judge Joaquín Martín Canivell
Judge Claude Hanoteau
Mr Hans Holthuis
2 March 2006
Office of the Prosecutor
Mr Mark Harmon
Mr Alan Tieger
Counsel for the Defence
Mr Nicholas Stewart, QC
Mr David Josse
RECALLING the housekeeping session held on Thursday, 23 February 2006,
PURSUANT TO Rules 85, 89, 95, 98 of the Rules of Procedure and Evidence ( the “Rules”), issues the present order.
Due to the fact that the D84 is illegible,1 the Chamber hereby ORDERS the Defence to announce its intentions with regard to D84 within two weeks of this order.
Since the Defence has stated that it is continuing to look for the English version of D114, an extract from the book “Balkan Odyssey”, submitted in BCS by the Accused ,2 the Chamber hereby ORDERS the Defence to announce its intentions on D114 within two weeks of this order.
Exhibits D123 and D133
Since D123 and D133 have not yet been submitted for translation,3 the Chamber hereby ORDERS the Defence to submit the completed translations to the Chamber within two weeks of this order.
Exhibits D138 and D139
Since the Defence was informed of the steps needed for admitting D138 and D139, the Chamber hereby ORDERS the Defence, if it still so wishes, to submit D138 and D139 within two weeks of this order.
Having considered the discussion in Court on P10084 as well as the Chamber’s statements on its non-admission due to translation problems 5 and the discussions during the housekeeping session,6 the Chamber finds that the issue of P1008’s admissibility on matters other that its translation was not raised in a timely fashion and therefore hereby ORDERS that P1008 be admitted. This is without prejudice to the matter of its weight, which will be considered by the Chamber in due course, as usual.
Exhibits P1055, P1056, P1057, P1059, P1060, P1065, and P1066
Having considered the submissions in Court on these exhibits,7 the Chamber hereby ORDERS the Defence to file brief written submissions responding to the Prosecution on each of these exhibits, if they so wish, no later than Monday , 6 March 2006; in the alternative, the Defence is to spend no more than 5 minutes taken from the time of its next witness to make oral submissions in Court on Tuesday, 7 March 2006.
Contracts and other material relating to P340
Due to the fact that the parties have not yet agreed upon what sort of documents are to be submitted pursuant to the Chamber’s request of receiving exemplars of contracts in relation to P340,8 and considering the guidance addressed to the parties on this matter,9 the Chamber hereby ORDERS the Prosecution to provide the requested documents to the Chamber and the Defence within two weeks of this order.
Having considered the discussion between the parties on P1052 during the housekeeping session,10 and considering the lack of clarity on the author of the document and the impossibility for the Defence to cross-examine him or her at the time the document was tendered, the Chamber hereby DECIDES not to admit P1052 into the trial record.
Documents related to Husein Hotic
Having considered the discussion between the parties on documentation during the housekeeping session relating to the death of Husein Hotic,11 and considering that the issue arose due to the interest of the Chamber in this event,12 the Chamber hereby ORDERS the Prosecution to submit the facts the parties are able to agree upon according to the procedure set forth at T. 20836-7 within two weeks of this order. Should the parties not be able to agree on the material to submit, the Chamber expects written submissions of the Defence on the applicability of Rule 85 of the Rules to this matter within that same date. The Defence, in filing these submissions, should take into account the Chamber’s present inclination to order the production of this material as a whole under Rule 98 of the Rules in case the parties cannot agree on a more limited set of documents.
Done in English and French, the English version being authoritative.
Judge Alphons Orie
Dated this 2nd day of March 2006
At The Hague
[Seal of the Tribunal]