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

Order of:
18 January 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_____________________________________________________

CORRIGENDUM TO DECISION ON APPLICATION FOR A LIMITED RE-OPENING OF THE BOSNIA AND KOSOVO COMPONENTS OF THE PROSECUTION CASE

_____________________________________________________

Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused

Mr. Slobodan Milosevic

Court Assigned Counsel

Mr. Steven Kay
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 its "Decision on Application for a Limited Re-Opening of the Bosnia and Kosovo Components of the Prosecution Case", issued on 13 December 2005 ("Decision");

NOTING the "Prosecutionís Request for Certification of Appeal Under Rule 73(B)", filed on 20 December 2005 ("Request"), in which the Prosecution "notes an error on the face of the Trial Chamberís Decision";1

CONSIDERING that certain typographical errors in the Decision should be corrected, and that such corrections will have no effect on the disposition in the Decision;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal ("Rules"),

HEREBY ORDERS that the Decision be amended to read as follows, with amendments indicated by bold italics:

  1. Paragraph 31 of the Decision is amended to read:

    After considering the Prosecutionís submissions in relation to the first stage of the re-opening test, the Chamber therefore concludes that the reasonable diligence standard has been satisfied for only 22 documents and two proposed witness: items 13, 21, 37, 46, 47, 48, 49, 50, 51, 52, 57, 58, 61, 62, 63, 65, 66, 67, 68, 76, and 77, part of item 64, and proposed witnesses B-345 and TA-378.

  2. Paragraph 33 of the Decision is amended to read:

The Trial Chamber must now exercise its general discretion under Rule 89(D) to grant or deny the Application with respect to the remaining items for which the Prosecution demonstrated that the reasonable diligence standard has been satisfied: items 13, 21, 37, 46, 47, 48, 49, 50, 51, 52, 57, 58, 61, 62, 63, 65, 66, 67, and 68, and 76, part of item 64, and proposed witnesses B-345 and TA-378. In exercising that discretion, which requires weighing the probative value of the evidence against the need to ensure a fair trial, the Trial Chamber is mindful that "it is only in exceptional circumstances where the justice of the case so demands" that a party should be permitted to re-open its case to present new evidence.

 

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

__________________________
Judge Patrick Robinson
Presiding

Dated this eighteenth day of January 2006
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Request, para. 4 n. 4.