Case No. IT-03-68-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Registrar:
Mr. Hans Holthuis

Decision of:
13 October 2004

PROSECUTOR

v.

NASER ORIC

______________________________

DECISION ON PROSECUTIONíS CONFIDENTIAL MOTION FOR LEAVE TO ADD EXHIBITS TO ITS EXHIBIT LIST

______________________________

The Office of the Prosecutor:

Mr. Jan Wubben

Counsel for the Accused:

Ms. Vasvija Vidovic
Mr. John Jones

 

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED OF the "Prosecutionís Motion for Leave to Add Exhibits to its Exhibit List" filed confidentially on 24 September 2004 ("Motion") by the Office of the Prosecutor ("Prosecution"), requesting leave to add exhibits to its exhibit list ("proposed additional exhibits"),

NOTING that the Prosecution seeks leave to add to its exhibit list the following exhibits: (1) 15 documents identified in the index attached to the Motion as Confidential Annex I; (2) 3 sets of photographs; (3) 28 videos; and (4) 12 maps,

NOTING the "Confidential Response to Prosecutionís Motion for Leave to Add Exhibits to its Exhibit List" filed on 27 September 2004 ("Response") by the Defence, objecting to five of the proposed additional exhibits,

NOTING that the Defence objects to the addition of five of the 28 videos proposed by the Prosecution on the ground that they concern exhumations carried out in Glodjansko Brdo, in relation to an action in the Kamenica region on 6 November 1992, and as such are irrelevant to the charges in the Indictment,

NOTING further that the Defence challenges the accuracy of the exhibit list proposed in Confidential Annex I on the ground that the header, footer and title are inconsistent,

NOTING the "Confidential Reply to the Defence Response to Prosecutionís Motion for Leave to Add Exhibits to its Exhibit List" ("Reply") filed on 5 October 2004 by the Prosecution, withdrawing one of the five proposed additional exhibits contested by the Defence but reiterating its submissions regarding the other four,

NOTING that the Reply was submitted after the time-limit provided for in Rule 126bis of the Rules of Procedure and Evidence of the Tribunal ("Rules") but that the Defence nonetheless does not object to the Trial Chamber considering the Reply1,

NOTING that the Prosecution withdraws video V000-3281-V000-3281 as a proposed additional exhibit in its Reply,

NOTING that Rule 89(C) of the Rules provides that a Trial Chamber "may admit any relevant evidence which it deems to have probative value",

NOTING that Rule 54 of the Rules provides that a Trial Chamber may issue such orders that may be necessary for the preparation or conduct of the trial,

CONSIDERING that the four contested additional exhibits appear to be relevant to the Indictment and therefore to have probative value with regard to the charges of the Indictment,

CONSIDERING indeed that the four contested additional exhibits relate to a Prosecution viva voce witness who will give evidence on a central part of the Prosecutionís case,

CONSIDERING further that the other proposed additional exhibits, which are not contested by the Defence, are of evidentiary nature relating to the factual background of the Indictment, the authenticity of other evidence and charges against the Accused, and consequently appear to have probative value,

FOR THE FOREGOING REASONS

PURSUANT TO Rules 54 and 89(C) of the Rules;

HEREBY GRANTS the Motion by allowing the Prosecution to add to its exhibit list the following: (1) 15 documents identified in the index attached to the Motion as Confidential Annex I; (2) 3 sets of photographs; (3) 27 videos; and (4) 12 maps, and ORDERS the Prosecution to file an updated exhibit list with an accurate title.

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

Dated this thirteenth day of October 2004,
At The Hague,
The Netherlands.

_____________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]


1. T. 319-320