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

Order of:
25 February 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

___________________________________

ORDER ON PROSECUTION SUBMISSION OF KOSOVO "PROOF OF DEATH" REPORT AND MOTION SEEKING THE ADMISSION OF ADDITIONAL EXHIBITS IN RELATION TO THE KOSOVO INDICTMENT

___________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. 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 "Prosecution Submission of Kosovo "Proof Of Death" Report and Motion Seeking the Admission of Additional Exhibits in Relation to the Kosovo Indictment", filed on 16 February 2004 ("Report"), in which the Prosecution requests:

  1. The admission of a document attached as Annex A to the Motion setting out the evidence it says has been adduced to establish the death of each victim set out in the schedules to the Kosovo Indictment ("Proof of Death Report"); and
  2. The admission into evidence of additional autopsy reports attached as
    Annexes B and C to the Motion,

CONSIDERING that the Trial Chamber ordered the Prosecution to produce the Proof of Death Report, but that it is an analytical document and should not be exhibited,

CONSIDERING that the autopsy reports may be admitted into evidence to establish that the persons identified died and the manner of their death, but not to establish who was responsible for their deaths, and therefore no conclusions adverse to the Accused shall be drawn from their admission,

PURSUANT TO Rules 54 and 89 (C) of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS AS FOLLOWS:

  1. Annex A, the Proof of Death Report, shall be considered by the Trial Chamber as an analytical document and not admitted into evidence as an exhibit; and
  2. Annexes B and C, the additional autopsy reports, shall be admitted into evidence as exhibits on the limited basis set out in this Order.

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

__________
Patrick Robinson
Judge

Dated this twenty-fifth day of February 2004
At The Hague
The Netherlands

[Seal of the Tribunal]