Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision:
23 September 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________
SECOND DECISION ON ADMISSIBILITY OF SUPREME DEFENCE COUNCIL MATERIALS
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. 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 ("International Tribunal"),
BEING SEISED of a confidential "Prosecution’s Analysis and Interpretation
of Supreme Defence Council Related Documents and Other Material Described in
the Prosecution Motion dated
29 January 2004", filed by the Prosecution on 17 February 2004 ("Relevance
Submission"),1 in which it made submissions,
inter alia, with respect to the relevance of the Federal Republic of
Yugoslavia Supreme Defence Council stenographic notes and minutes ("SDC
materials") in Annex I thereto, entitled "Analysis, relevance and
interpretation of the records of the sessions of the Supreme Defence Council",
NOTING the following:
NOTING the Trial Chamber’s confidential and public versions of its "First Decision on Admissibility of Supreme Defence Council Materials", issued 11 June 2004 and 23 September 2004 respectively,2
NOTING that, in addition to the SDC materials with respect to the 41st and 43rd sessions, the following SDC materials have already been admitted into evidence through Witness Zoran Lilic:3 (1) exhibit 469, tab 8 – minutes from SDC seventh session, held 10 February 1993; (2) exhibit 469, tab 9 – minutes from SDC fifth session, held 9 June 1998; (3) exhibit 469, tab 12 – minutes from SDC second session, held 8 and 10 July 1992; (4) exhibit 469, tab 13 – minutes from SDC fifth session, held 7 August 1992; (5) exhibit 469, tab 14 – minutes from SDC sixth session, held 9 December 1992; (6) exhibit 469, tab 16 – minutes from SDC second session, held 10 November 1997; (7) exhibit 469, tab 24 – minutes from SDC sixth session, held 4 October 1998; (8) exhibit 469, tab 26 – minutes from SDC ninth session, held 23 March 1999; and (9) exhibit 469, tab 29 – minutes from SDC seventh session, held 24 November 1998,4
CONSIDERING that the remaining portions of the SDC materials are relevant to the current proceedings,
NOTING that the Accused and Amici Curiae have not responded to the Relevance Submission,
NOTING that (1) certain portions of the SDC materials have been granted protective measures by the Fourth and Ninth Decisions pursuant to Rule 54bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") and (2) these portions (as indicated in the Fourth and Ninth Decisions and the "protected version" of the SDC materials5) shall therefore be admitted into evidence on a confidential basis,
PURSUANT TO Rules 54 and 89 of the Rules,
HEREBY ORDERS as follows:
Done in both English and French, the English text being authoritative.
______________
Patrick Robinson
Presiding
Dated this twenty-third day of September 2004
At The Hague
The Netherlands