Case No. IT-03-66-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert

Registrar:
Mr. Hans Holthuis

Decision of:
8 July 2005

PROSECUTOR

v.

Fatmir LIMAJ
Haradin BALA
Isak MUSLIU

_____________________________________________

DECISION ON PROSECUTIONíS MOTION FOR ADMISSION OF EXPERT REPORT

_____________________________________________

The Office of the Prosecutor:

Mr. Alex Whiting
Mr. Julian Nicholls
Mr Milbert Shin
Mr. Colin Black

Counsel for the Accused:

Mr. Michael Mansfield, QC, and Mr. Karim A. Khan for Fatmir Limaj
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin Bala
Mr. Michael Topolski, QC, and Mr. Steven Powles for Isak Musliu

 

This 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 ("the Chamber" and "the Tribunal");

BEING SEIZED of the "Prosecutionís Motion for Admission of Expert Report", filed on 30 June 2005 ("Motion") seeking the admission into evidence pursuant to Rules 73, 89 and 94bis of the Rules of Procedures and Evidence ("Rules") of a report (attached to the Motion in Annex A) prepared by the International Commission on Missing Persons regarding DNA evidence pertaining to Fehmi Xhema, a victim named in paragraph 32 of the Second Amended Indictment ("Report");1

NOTING the "Joint Response by the Defence for the Accused Fatmir Limaj, Haradin Bala and Isak Musliu to Prosecutionís Motion for Admission of Expert Report filed on 30 June 2005", filed on 6 July 2005, whereby the Defence indicates that it does not oppose the admission of the Report;

CONSIDERING the relevance of the Report in the proceedings before the Chamber;

FOR THE FOREGOING REASONS,

PURSUANT TO Rules 54, 89 and 94bis of the Rules of Procedures and Evidence,

HEREBY GRANTS the Motion;

ADMITS into evidence the Report, and

REQUESTS the Registry to 1) mark as an exhibit the above-mentioned document; 2) assign an exhibit number to this document; and 3) inform the Chamber and the parties of the exhibit number in writing as soon as practicable.

 

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

______________________
Judge Kevin Parker
Presiding

Dated this 8th day of July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. The Prosecution was granted leave to file the motion for admission of the expert report on 13 April 2005 (T, 5824).