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:
2 June 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

______________________________________________

ORDER REGARDING EVIDENCE OF DEFENCE WITNESS BARRY LITUCHY WITH CONFIDENTIAL ANNEXES A-J

______________________________________________

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"),

HAVING ISSUED an Oral Ruling during the hearing held on 15 March 2005 regarding the evidence of Defence Witness Barry Lituchy, who testified before the Trial Chamber on 9-10 and 14 March 2005,1

NOTING that the proposed documentary evidence of the witness consisted of the following: (1) two tabs of documents;2 (2) four CDs of videorecorded interviews ("interviews"), which consisted of the following: (a) "CD 2 Aug. 9 99" containing interviews with two Albanian declarants conducted on 9 August 1999; (b) "Albanian Refugees P2" containing interviews with a third Albanian declarant and all three Albanian declarants together conducted on 9 August 1999; (c) "CD 3 Roma Part 1" containing interviews with Roma and Egyptian declarants on 6-7 August 1999; and (d) "CD 5 Roma P2" containing interviews with Roma and Egyptian declarants on 7 August 1999; and (3) a CD of excerpts (or clips) from the four CDs,3

CONSIDERING the following:

  1. the Trial Chamber, due to deficiencies in the translations contained within the interviews, requested that the International Tribunalís Conference Language Services Section ("CLSS") provide transcripts and translations of the interviews;

  2. CLSS has provided these transcripts and translations, which have been reviewed by the Trial Chamber;

  3. (a) exhibit D288, tab 1 contains transcripts of the faulty translations, (b) pages 1-46 and 127-155 were marked for identification, (c) pages 47-126 were denied admission into evidence, (d) pages 1-46 and 127-155 are no longer necessary due to the availability of the CLSS materials, and (e) the Accused moreover acknowledged the difficulties with the translations in the document;4 and

  4. proposed exhibit D288, tab 2 was denied admission into evidence,5

CONSIDERING that the interviews were already admitted via the Trial Chamberís Oral Ruling, but that it is appropriate for the Trial Chamber to issue a written Order to avoid any doubt as to the admission status of the documentary evidence of the witness and the protective measures that have been granted in respect of them,

PURSUANT to Rules 54, 75, 79, and 89 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY CONFIRMS in part and VARIES in part its prior Oral Ruling and ORDERS as follows:

  1. With respect to D287,

    1. clips 1-15, 15a, and 16 are admitted into evidence under seal, along with the CLSS transcripts and translations corresponding to them, which are included in Annexes A and B of this Order; and

    2. the four CDs of interviews are admitted into evidence under seal, along with the CLSS transcripts and translations corresponding to them, which are included in Annexes C-J of this Order.

  2. Exhibit D288, tab 1, which was marked for identification in part and denied admission into evidence in part, is denied admission into evidence and shall be removed from the record.

  3. Exhibit D288, tab 2 is denied admission into evidence and shall be removed from the record.

 

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

______________
Judge Robinson
Presiding

Dated this second day of June 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. T. 37387-37391 (15 March 2005).
2. Exhibit D288, tab 1 (marked for identification), tab 2 (denied admission).
3. Entitled "cd 1 clips".
4. T. 37278-37279 (14 March 2005).
5. T. 37387 (15 March 2005).