IN THE TRIAL CHAMBER
Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh, Registrar
Decision of:
17 February 2000
THE PROSECUTOR
v.
MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC
____________________________________________
ORDER ON JUDICIAL NOTICE
____________________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Ms. Brenda J. Hollis
Defence Counsel:
Mr. Krstan Simic for Kvocka
Mr. Zarko Nikolic for Kos
Mr. Toma Fila for Radic
Mr. Simo Tosic for Zigic
TRIAL CHAMBER I 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 ("The Trial Chamber");
NOTING the Prosecutions Motion for Judicial Notice of Adjudicated Facts dated 11 January 1999;
NOTING the Trial Chambers decision of 19 March 1999 granting the Prosecutions motion with respect to certain paragraphs;
NOTING the Accused Mladjo Radics Proposal for Admission of Adjudicated Facts dated 2 February 2000;
NOTING the Motion of the Defence of the Accused Milojica Kos Concerning the Admission of Adjudicated Facts dated 9 February 2000;
NOTING the Prosecutions Response to Defence Motions for the Admission of Adjudicated Facts dated 14 February 2000, in which the Prosecution asks the Trial Chamber to take judicial notice of the facts contained in the following paragraphs of the Annex to the Motion of 11 January 1999: 7, 9, 18, 19, 20, 71, 73, 75 to77, 88, 90 to 95, 114, 126 to 129, 131 to 188, 190 to 420, and 423 to 583;
NOTING that Miroslav Kvocka and Zoran Zigic have not yet filed written replies to these pleadings;
CONSIDERING the need for this issue to be resolved by the next Status Conference so that the parties may prepare efficiently for trial, the Trial Chamber announces its intention to grant the Prosecutions motion, absent any valid objections from the Defence to particular paragraphs;
ORDERS the Defence Counsel, if they have not already done so, to submit their final views on this subject in writing by 22 February 2000. If they intend to oppose the taking of judicial notice of any or all of the facts listed in the Prosecutions motion, they should specify which paragraphs they object to, why each of those paragraphs is objectionable, and how they intend to contest the facts described therein.
Done in French and English, the English version being authoritative.
Done this seventeenth day of February 2000,
At The Hague,
The Netherlands.
___________
Almiro Rodrigues
Presiding Judge, Trial Chamber I
(Seal of the Tribunal)