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:
16 June 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_____________________________________________
DECISION ON PROSECUTION MOTION TO ADMIT INTO EVIDENCE RATKO MLADIC’S YUGOSLAV ARMY (VJ) PERSONNEL CERTIFICATE
_____________________________________________
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 ("Tribunal"), is seised of a confidential "Prosecution Motion Requesting the Admission of a Document into Evidence", filed 3 June 2005 ("Motion"), and hereby renders its decision thereon,
NOTING that, in its confidential "Decision on Prosecution Motion for Protective Measures Pursuant to Rule 79 for Evidence Provided Under Rule 70", issued 18 February 2004 ("prior Decision"), the Trial Chamber ordered, inter alia, that a two-page excerpt from Ratko Mladic’s Yugoslav Army (VJ) personnel certificate may be admitted into evidence,
NOTING that the excerpt of the personnel certificate has yet to be assigned an exhibit number,
NOTING that the Prosecution in the Motion
CONSIDERING that (1) the personnel certificate was provided to the Prosecution by Serbia and Montenegro; (2) the personnel certificate is relevant and has probative value; and (3) it is, in these exceptional circumstances, appropriate for the entire personnel certificate to be admitted into evidence, rather than an excerpt thereof,
PURSUANT to Rules 54 and 89 of the Rules of Procedure and Evidence of the Tribunal,
HEREBY MODIFIES its prior Decision, ORDERS that the personnel certificate shall be admitted into evidence, and REQUESTS the Registry of the Tribunal to assign it an exhibit number.
Done in both English and French, the English text being authoritative.
____________
Judge Robinson
Presiding
Dated this sixteenth day of June 2005
At The Hague
The Netherlands
[Seal of the Tribunal]