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:
14 July 2005

PROSECUTOR

_________________________________________

DECISION ON DEFENCE MOTION ON BEHALF OF FATMIR LIMAJ FOR ADMISSION OF WRITTEN EVIDENCE IN LIEU OF VIVA VOCE TESTIMONY PURSUANT TO RULE 92BIS AND ATTACHED ANNEXURES A-B

_________________________________________

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 "Defence Motion on Behalf of Fatmir Limaj for Admission of Written Evidence in Lieu of Viva Voce Testimony Pursuant to Rule 92bis and Attached Annexures A-B" filed on 13 July 2005 ("Motion"), whereby the Defence seeks the final admission into evidence, pursuant to Rule 92bis of the Rules of Procedure and Evidence ("Rules"), of the statements of Muhamet Mavraj and Agim Lluka;

NOTING that in an oral decision on 27 June 2005, the Chamber provisionally admitted into evidence the statements of Muhamet Mavraj and Agim Lluka, under Rule 92bis and without cross-examination of the witnesses, subject to the completion of the certification procedure set out in paragraph (B) of that Rule;

NOTING that the statements of Muhamet Mavraj and Agim Lluka have now been properly certified pursuant to Rule 92bis(B) of the Rules; that the certified copies of the statements are attached in Annexes A and B to the Motion;

PURSUANT TO Rules 54, 89 and 92bis of the Rules,

GRANTS the Motion and ADMITS into evidence the statements of Muhamet Mavraj and Agim Luka, as certified and attached in Annexes A and B to the Motion;

REQUESTS the Registry to (a) mark as an exhibit and assign an exhibit number to the aforementioned statements and (b) 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 fourteenth day of July 2005
At The Hague
The Netherlands