Case No.: IT-98-34-T

BEFORE TRIAL CHAMBER I SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra

Registrar:
Mr. Hans Holthuis

Order of:
13 December 2001

PROSECUTOR

v.

MLADEN NALETILIC aka "TUTA"
and
VINKO MARTINOVIC aka "STELA"

___________________________________________________________

SECOND DECISION ON ADMISSION OF EXHIBITS

___________________________________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic

 

TRIAL CHAMBER I, SECTION A ("the 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 Tribunal"):

BEING SEIZED OF

  1. "Accused NaletilicíResponse to Documents Tendered for Admission by Prosecutor on 19 October 2001" filed on 22 October 2001,
  2. "Accused Naletilicís Objection to Exhibits P467.1, P603.1 and P745.1" filed on 9 November 2001, and "Defence Objection Concerning Exhibit P.745.1" filed on 10 December 2001,
  3. "Accused Naletilicís Objections to Admission of Prosecutorís Exhibit P752.1", filed on 14 November 2001, of "Accused Naletilicís Objection to Admission of Prosecutorís Exhibits, to wit: P126.1, P162.2, P173.1, P274, P277, P288, P739.1, P882 and P868" filed on 16 November 2001,
  4. "Joint Defence Objection to Exhibit P781" filed on 19 November 2000;

NOTING the "Response to Accused Naletilicís Objection to Admission of Certain Prosecution Exhibits" filed on 30 November 2001;

CONSIDERING the "Decision on Admission of Exhibits", filed on 9 November 2001;

CONSIDERING that the "Decision on Defenceís Motion Concerning the Translation of all Documents filed on 18 October 2001 ordered that all documents, which are submitted should be translated in order to be admitted into evidence by the Chamber;

CONSIDERING HOWEVER that, even if certain documents submitted by the Defence for the accused Mladen Naletilic are not translated into BCS, the Trial Chamber is of the view that there is no objection to the admission of these documents. Since the requirement of a translation into BCS is primarily for the benefit of the accused, the Trial Chamber considers this requirement to be waived by the Defence Counsel submitting these documents in one of the two official languages of the Tribunal;

FOR THE FOREGOING REASONS

PURSUANT TO Rule 89 (C) of the Rules of Procedure and Evidence;

DECIDES that the following documents submitted by the Prosecutor are admitted into evidence:

P11.18/4, P11.18/5, P20.4/1, PIAC-27, PIAC-28, PIAC-29, P34.3/1, PIAC-38, PIAC-64, PIAC-67, P157.1, P162.1, P162.2, P168.1, P173.1, P190, P205.1*, P214, P215, P220*, P239.1, P241.1, P249, P272, P274, P277, P288, P299.1, P314, P333.1, P349, P354.1, P399.1*, P410, P421, P422, P425, P457, P462.1, P467.2, P494, P496, P505, P521, P537*, P591, P597.1, P601, P603.1*, P739.1, P745.1*, P752.1*, P752.2*, P781, P868, P882, P883, P884;

DECIDES that the following documents submitted by the Prosecutor are not admitted but will be given an identification number: P885, P886;

DECIDES that the following documents submitted by the Defence are admitted into evidence:

D1/22, D1/23.6, D1/23.7, D1/23.8, D1/23.9, D1/23.10, D1/23.11, D1/23.12, D1/23.13, D1/23.14, D1/23.15, D1/23.16, D1/23.17, D1/23.18, D1/23.19, D1/23.20, D1/23.21, D1/23.22, D1/23.23, D1/23.24, D1/23.25, D1/23.26, D1/23.27, D1/25, D1/26, D1/28, D1/29*, D1/35;

REMINDS the Parties that the documents indicated by (*) are confidential.

 

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

Dated this thirteenth day of December 2001,
At The Hague,
The Netherlands

____________________
Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]