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:
8 July 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON ADMISSION OF DOCUMENTS IN CONNECTION WITH TESTIMONY OF DEFENCE WITNESS OBRAD STEVANOVIC

_________________________________________________

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"),

NOTING that Defence witness Obrad Stevanovic ("witness") testified before the Trial Chamber on 11, 17-19, 25-27, and 31 May and 1-2, 6-8, and 15 June 2005 and that several documents were tendered as evidence by the Accused during the witnessí examination-in-chief and by the Prosecution during cross-examination ("tendered documents"),

NOTING the Trial Chamberís oral Order on 7 June 2005, directing the parties to make written submissions regarding the admissibility of the tendered documents,1

NOTING that the Accused, Assigned Counsel, and the Prosecution have made the following written submissions regarding admission into evidence of the tendered documents, of which the Trial Chamber is seised:

  1. the Accusedís "Explanation of the Relevance and Purpose of Introducing Defence Exhibits Through Defence Witness Obrad Stevanovic", filed by the Pro Se Liaison Officer on 22 June 2005, requesting the admission of documents tendered as evidence in connection with the testimony of the witness and setting forth arguments in support of their admission into evidence;
  2. "Assigned Counsel Submissions on the Admissibility of Potential Defence and Prosecution Exhibits Concerning General Obrad Stevanovic Pursuant to the Trial Chamberís Oral Order of 7 June 2005", filed 13 June 2005, requesting leave to exceed the page limit and making submissions regarding admission of the tendered documents; and
  3. "Prosecution Submissions on the Admissibility of Potential Defence and Prosecution Exhibits Concerning General Obrad Stevanovic Pursuant to the Trial Chamberís Oral Order of 7 June 2005", filed 16 June 2005, making submissions regarding admission of the tendered documents,

CONSIDERING that, where a document was withdrawn, already admitted, or not tendered, it has been denied admission in the Order below,

CONSIDERING that the general practice of the Trial Chamber has been to deny admission of a document that was not referred to by the examining party, unless admission was not objected to by the opposing party,

CONSIDERING that the Trial Chamber has reviewed all the arguments of the parties and assessed the contents of each document under the standards set forth in Rule 89 and the jurisprudence of the Tribunal, and has also considered, inter alia, whether a document in B/C/S has been translated into English and whether any party has objected to admission of the document,

CONSIDERING that the general practice of the Trial Chamber has been to deny admission of a document put to a witness during cross-examination where the witness did not adopt, rejected outright, or was not in a position to say anything meaningful about the document (or an assertion based thereon), on the basis that such a document lacks probative value,2

CONSIDERING in particular the following:

  1. the Prosecution has not sought admission into evidence of the video played during the hearing on 1 June 2005;

  2. materials tendered through Defence witness Dragan Jasovic that were also tendered through Defence witness Obrad Stevanovic will be dealt with in a decision of the Trial Chamber pertaining to the former;

  3. materials tendered through Defence witness Radovan Paponjak that were also tendered through Defence witness Obrad Stevanovic have already been dealt with in connection with the testimony of the former; and

  4. exhibit D299, tab 449 was already tendered as evidence, provided by the Defence, and marked for identification as exhibit D275, tabs 28-34,

PURSUANT to Rules 54 and 89 of the Rules of Procedure and Evidence of the Tribunal,

HEREBY ORDERS as follows:

  1. The following documents tendered as evidence by the Accused are GRANTED admission into evidence: exhibit D299, tabs 4, 7, 8, 9, 11, 13, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 55, 56, 58, 59, 60, 61, 62, 65, 65.1, 67, 68, 69, 70, 71, 72, 73, 81, 82, 83, 84, 85, 86, 86.1, 87, 88, 95, 108, 124, 125, 127, 128, 129, 130, 131, 133, 134, 138, 142, 143, 145, 146, 147, 148, 149, 151, 158, 159, 161, 162, 163, 164, 166, 168, 170, 172, 174, 177 (under seal), 202, 203, 204, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 274, 275, 277, 394, 395, 396, 397, 400, 404, 405, 406, 407, 408, 413, 414, 415, 416, 418, 419, 421, 422, 423, 440, and 449 (as exhibit D275, tabs 28-34).

  2. The Defence shall, within two weeks from the date of this Decision, produce the B/C/S version of exhibit D299, tabs 18 and 148, at which time they shall be deemed admitted into evidence. In the event that the Accused does not provide such documents, tabs 18 and 148 shall be denied admission into evidence, and the Registry shall remove them from the record of the proceedings.

  3. The following documents tendered as evidence by the Accused are MARKED FOR IDENTIFICATION, pending translation and further Order: exhibit D299, tabs 1, 3, 5, 6, 10, 126, 135, 135.1, 136, 136.1, 137, 141, 144, 152, 160, 165, 167, 171, 173, 176, 178 (under seal), 179 (under seal), 180 (under seal), 181 (under seal), 182 (under seal), 183 (under seal), 184 (under seal), 185 (under seal), 186 (under seal), 187 (under seal), 188 (under seal), 189 (under seal), 190 (under seal), 192 (under seal), 193 (under seal), 194 (under seal), 206, 208, 209, 210, 273, 278, 279, 280, 281, 282, 283, 284, 285, 286, 288, 289, 290, 291, 292, 293, 294, 295, 398, 399, 410, 411, 412, 420, 424, 425, 426, 427, 428, 429, 430, 431, 432, and 433.

  4. The following documents tendered as evidence by the Accused are DENIED admission into evidence: exhibit D299, tabs 2, 12, 14, 15, 23, 36, 37, 38, 39.1, 52, 54, 57, 63, 64, 64.1, 66, 74, 75, 76, 77, 77.1, 78, 78.1, 79, 79.1, 80, 89, 90, 91, 92, 93, 94, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 132, 139, 140, 146.1, 150, 153, 154, 155, 156, 157, 169, 175, 191, 195, 196, 197, 198, 199, 200, 201, 203.1, 205, 276, 287, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 401, 402, 403, 409, 417, 434, 435, 436, 437, 438, 439, 441, 442, 443, 444, 445, 446, 447, and 448.
  5. The following documents tendered as evidence by the Prosecution are GRANTED admission into evidence:3
    1. document number 2 (two video clips from the Badza Funeral);
    2. document number 6 (administration of the RSK MUP Special Units to MUP Serbia by Bosko Drazic);
    3. document number 10 (RS Minister of Interior letter from Kovac to Karadzic stating that 1,586 conscripts from Serbia were handed over to VRS by Serbian MUP);
    4. document number 21 (report on the NATO Air Force attack on the PCI (Dubrava Prison), by Aleksandar Rakocevic, Warden);
    5. document number 22 (report by Aleksandar Rakocevic, Warden of Dubrava Prison, to Investigating Judge Vladan Bojic, District Court, Pec);
    6. document number 30 (video clip of Mladic, Stevanovic, and DutchBat); and
    7. document number 32 (report on engagement of the reserve formations for the need of SAJ, signed by Commander Colonel Zivko Trajkovic and sent to the Assistant Minister of the Public Service Directorate Colonel-General Vlastimir Dordjevic).

  6. The following documents tendered as evidence by the Prosecution are DENIED admission into evidence: 1, 3, 4, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 28, 29, and 31.

  7. The Assigned Counselís request to exceed the page limit is GRANTED.

 

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

__________
Judge Robinson
Presiding

Dated this eighth day of July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. T. 40645-40646 (7 June 2005).
2. See Decision on Prosecution Motion for Reconsideration Regarding Evidence of Defence Witnesses Mitar Balevi}, Vladislav Jovanovi}, Vukasin Andric, and Dobre Aleksovski and Decision Proprio Motu Reconsidering Admission of Exhibits 837 and 838 Regarding Evidence of Defence Witness Barry Lituchy, issued 18 May 2005, para. 9.
3. The document numbers correspond to the order in which they were set forth in the submissions of the Prosecution and Assigned Counsel.