Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
30 July 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTIONS FOR THE ADMISSION OF STATEMENT AND TRANSCRIPTS IN LIEU OF VIVA VOCE TESTIMONY PURSUANT TO RULES 54, 75 AND 92BIS

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack

 

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 International Tribunal"),

BEING SEISED of the following motions filed by the Office of the Prosecutor ("Prosecution") and of the oral arguments presented by the Prosecution on 28 July 2003:

  1. Prosecution Motion for the Admission of Witness Statements relevant to events in Bijeljina, Bratunac and Zvornik Municipalities in Lieu of Viva Voce Testimony Pursuant to Rules 54, 75 and 92bis, filed on 18 June 2003 ("Bijeljina, Bratunac and Zvornik Motion"), seeking the admission of the statements of B-1058, B-1462, B-1499, B-1613 and B-1702 without cross-examination, and conceding that the statement of B-1521 should be admitted with cross-examination;
  2. Confidential Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D), filed on 27 June 2003 ("Brcko Motion"), seeking the admission of the transcripts of testimony of B-1407, B-1408, B-1411, B-1416 and B-1450 without cross-examination, and conceding that the transcripts of testimony of B-1409 and B-1414 should be admitted with cross-examination,
  3. Confidential Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D), filed on 4 July 2003 ("Visegrad Motion"), seeking the admission of the transcripts of testimony of B-1143 and B-1510 without cross-examination, and conceding that the transcripts of testimony of B-1054, B-1505, B-1506 and B-1513 should be admitted with cross-examination,

NOTING the following responses filed by the Amici Curiae ("Amici"), and the oral arguments presented by the Amici on 28 July 2003:

  1. Amici Curiae Observations on the Prosecution Motion for the Admission of Witness Statements relevant to events in Bijeljina, Bratunac and Zvornik Municipalities in Lieu of Viva Voce Testimony Pursuant to Rules 54, 75 and 92bis, filed on 27 June 2003, submitting that the statements of B-1462, B-1499 and B-1613 should be admitted without cross-examination, and the statements of B-1058, B-1521 and B-1702 should be admitted with cross-examination,1
  2. Confidential Amici Curiae Reply to Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D) Dated 27 June 2003, filed on 3 July 2003, submitting that the transcripts of testimony of B-1407, B-1408, B-1409, B-1411, B-1414, B-1416 and B-1450 should be admitted with cross-examination,
  3. Confidential Amici Curiae Reply to Prosecution Motion Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D) Dated 4 July 2003, filed on 11 July 2003, submitting that the transcripts of testimony of B-1054, B-1143, B-1505, B-1506, B-1510 and B-1513 should be admitted with cross-examination;

NOTING that Rule 92bis provides:

(A) A Trial Chamber may admit, in whole or in part, the evidence of a witness in the form of a written statement in lieu of oral testimony which goes to proof of a matter other than the acts and conduct of the accused as charged in the indictment.

[…]

(B) A Chamber may admit a transcript of evidence given by a witness in proceedings before the Tribunal which goes to proof of a matter other than the acts and conducts of the accused,

NOTING Articles 20 and 21 of the Statute,

CONSIDERING the oral arguments of the Prosecution and the Amici presented on 28 July 2003, in the absence of the Accused Slobodan Milosevic, due to illness,

CONSIDERING the Accused’s general opposition to the admission of Rule 92bis evidence and assuming the same in regard to the present motions,

CONSIDERING that the evidence presented in the motions does not go to proof of the acts and conduct of the Accused and is therefore admissible under Rule 92bis,

CONSIDERING that the Rule 92bis(D) evidence does go to matters which may be of critical importance to his defence and that some of the earlier cross-examinations did not adequately cover those matters,

PURSUANT TO Rules 54, 75(F) and 92bis of the Rules,

HEREBY ORDERS as follows:

  1. The Bijeljina, Bratunac and Zvornik Motion: the statements of B-1058, B-1521 and B-1702 shall be admitted subject to the witnesses being available for cross-examination, and the statements of B-1462, B-1499 and B-1613 shall be admitted without cross-examination, Judge Robinson dissenting to the decision on B-1613;
  2. The Brcko Motion: the transcripts of testimony and accompanying exhibits of B-1409 and B-1414 shall be admitted subject to the witnesses being available for cross-examination, and the transcripts of testimony and accompanying exhibits of B-1407, B-1408, B-1411, B-1416 and B-1450 shall be admitted without cross-examination, Judge Robinson dissenting to the decisions on B-1407, B-1408, B-1411 and B-1450;
  3. The Visegrad Motion: the transcripts of testimony and accompanying exhibits of B-1054, B-1505, B-1506 and B-1513 shall be admitted subject to the witnesses being available for cross-examination, and the transcripts of testimony and accompanying exhibits of B-1143 and B-1510 shall be admitted without cross-examination, Judge Robinson dissenting to the decisions on B-1143 and B-1510;

 

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

___________
Richard May Presiding

Dated this thirtieth day of July 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. In its oral ruling of 22 July 2003, the Trial chamber admitted the remainder statements of the Bijeljina, Bratunac and Zvornik Motion as follows: B-1010 and B-1516 were admitted cross-examination, while B-1097, B-1460, B-1488, B-1502, B-1524, B-1704, B-1750 must attend for cross-examination, T. 24736-38.