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

Decision:
06 February 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

__________________________________

DECISION ON PROSECUTION MOTION FOR ADMISSION OF SECOND STATEMENT PURSUANT TO RULE 89(F) FOR WITNESS B-1804 THIRD DECISION ON WITNESS B-1804

__________________________________

Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

Amici Curiae:

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

The Accused:

Mr. Slobodan Milosevic

 

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 ("International Tribunal"),

BEING SEISED of a confidential "Prosecution Motion for the Admission of the Witness Statement of [ B-1804]1 Pursuant to Rule 89(F)", filed by the Office of the Prosecutor ("Prosecution") on 04 February 2004 ("Motion"), requesting that the Trial Chamber, pursuant to Rule 89(F) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), admit into evidence a statement and related exhibits of Witness B-1804 ("witness"),

NOTING the following:

  1. the Trial Chamberís "Order on Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D) and the Statement of Witness B-1804 Pursuant to Rule 89(F)", issued 23 January 2004, granting the Prosecutionís request that the witnessí statement be admitted into evidence under Rule 89(F) of the Rules; and

  2. the Trial Chamberís "Second Decision on Prosecution Motion for Admission of Transcript Pursuant to Rule 92bis(D) and Statement Pursuant to Rule 89(F) for Witness B-1804", issued 04 February 2004, denying the Prosecutionís request that the witnessí transcript and related exhibits from a prior proceeding before the International Tribunal be admitted into evidence under Rule 92bis(D) of the Rules,

NOTING that (1) Rule 89(F) of the Rules provides that a Chamber may receive the evidence of a witness orally or, where the interests of justice allow, in written form and (2) the jurisprudence of the International Tribunal allows for the admission of a written witness statement under Rule 89(F) of the Rules, provided that the witness is present in court, available for cross-examination and any questioning by the judges, and attests that the statement accurately reflects his or her declaration and what he or she would say if examined,2

CONSIDERING that the determination of the "interests of justice" under Rule 89(F) of the Rules must be made by the Trial Chamber in relation to each individual witness, in light of not only the surrounding circumstances, but also the evidence to be given by the witness,3

CONSIDERING that it is in the interests of justice to admit the statement and related exhibits under Rule 89(F) of the Rules,

PURSUANT to Rules 54 and 89(F) of the Rules,

HEREBY GRANTS the Motion.

 

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

__________
Patrick Robinson
Judge

Dated this sixth day of February 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. The witnessí name has been redacted and replaced by the relevant pseudonym.
2. Prosecutor v. Slobodan Milo{evi}, Case No. IT-02-54-AR73.4, "Decision on Interlocutory Appeal on the Admissibility of Evidence-in-Chief in the Form of Written Statements", 30 September 2003, at page 11.
3. Ibid, at para. 21.