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:
15 July 2005

PROSECUTOR

v.

Fatmir LIMAJ
Haradin BALA
Isak MUSLIU

___________________________________________

DECISION ON DEFENCE MOTION ON BEHALF OF ISAK MUSLIU FOR ADMISSION OF WRITTEN EVIDENCE IN LIEU OF VIVA VOCE TESTIMONY PURSUANT TO RULE 92BIS AND ATTACHED ANNEXURES A-L AND CONFIDENTIAL ANNEX

___________________________________________

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 Isak Musliu for Admission of Written Evidence in Lieu of Viva Voce Testimony Pursuant to Rule 92bis and Attached Annexures A-L", filed confidentially on 13 July 2005 ("Motion"), whereby the Defence for Isak Musliu seeks the admission, pursuant to Rule 92bis of the Rules of Procedure and Evidence ("Rules"), of twelve statements attached in Annexes A to L to the Motion;

NOTING the previous "Defence Motion on Behalf of Isak Musliu for Provisional Admission of Written Evidence in Lieu of Viva Voce Testimony Pursuant to Rule 92bis and Attached Annexures A-N", filed confidentially on 5 July 2005;

NOTING the "Prosecutionís Response to Defence Motion on Behalf of Isak Musliu for Admission of Curriculum Vitae and Expert Report of Professor Wagenaar and to Defence Motion on Behalf of Isak Musliu for Provisional Admission of Written Evidence in Lieu of Viva Voce Testimony Pursuant to Rule 92bis and Attached Annexures", filed confidentially on 7 July 2005;

NOTING that the Prosecution consents to the admission of the proposed statements attached in Annexes A to L to the Motion, without cross-examination of the witnesses;

NOTING the "Decision on Prosecutionís Motion for Provisional Admission of Witness Statements under Rule 92bis" issued confidentially on 13 October 2004, in which the Chamber detailed the law applicable to the admission of written statements in lieu of viva voce testimony under Rule 92bis;

CONSIDERING that with respect to the present application, the Chamber is satisfied that the statements in Annexes A to L to the Motion do not go to acts and conduct of the Accused as charged in the Indictment and are therefore admissible under Rule 92bis of the Rules;

NOTING that all the proposed statements have now been certified in accordance with the procedure set out in Rule 92bis(B);

CONSIDERING that in light of the sensitive nature of the information contained in the statements in Annexes D, E, I, J, K and L, it is appropriate to grant the further request of the Defence for Isak Musliu that these statements be admitted under seal;

CONSIDERING further that in the view of the Chamber, the statements in Annexes B and H should also be admitted under seal as they contain information regarding the identity and the potential whereabouts of a protected witness in the present case;

FOR THE FOREGOING REASONS,

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

GRANTS the Motion and ADMITS into evidence the statements in Annexes A to L to the Motion,1 the statements in Annexes B, D, E, H, I, J, K and L being admitted under seal;

REQUESTS the Registry to (a) mark as an exhibit and assign an exhibit number to the above-mentioned 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 fifteenth day of July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. The names of the witnesses and the corresponding statements appear in the confidential Annex attached to the present decision.