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:
19 October 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
________________________________________________
SECOND ORDER WITH REGARD TO THE ADMISSION OF DEFENCE DOCUMENTS MARKED FOR IDENTIFICATION PENDING TRANSLATION AND FURTHER ORDER
________________________________________________
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 the "First Order Directing Parties to Clarify their Positions on Admission of Defence Documents Marked for Identification Pending Translation and Further Order", issued on 15 September 2005 ("First Order"), in which the Chamber ordered, inter alia:
NOTING that the First Order stated that "the Trial Chamber has postponed its decisions on the admission of such documents pending their translation";
NOTING the "Assigned Counsel Submissions in Response to the Trial Chamber’s ‘First Order Directing Parties to Clarify their Positions on Admission of Defence Documents Marked for Identification Pending Translation and Further Order’ and Attachment A", filed on 29 September 2005 ("Assigned Counsel Submissions");
NOTING the "Prosecution Response to Assigned Counsel Submissions on Defence Documents Marked for Identification" and an accompanying Annex, filed on 13 October 2005 ("Response" and "Annex 2", respectively), in which the Prosecution requests, inter alia, (1) leave to file another annex to the Response ("Annex 1") out of time; and (2) an order for the Defence to make "submissions on how each identified document satisfies the admissibility criteria under the Rule, to include submissions on the further documents Sto beC identified by the Prosecution in Annex 1";1
CONSIDERING that the Prosecution has shown good cause for a variation of the time limit with regard to the filing of responses;2
CONSIDERING that, while the Prosecution has already made submissions in Annex 2 with regard to the admissibility of the items identified in the Assigned Counsel Submissions, the Defence has not yet made written submissions on the admissibility of those documents or on the documents yet to be identified in the forthcoming Annex 1;
PURSUANT to Rules 54, 89, 126 bis, and 127 of the Rules of Procedure and Evidence of the Tribunal ("Rules"),
HEREBY ORDERS as follows:
Done in both English and French, the English text being authoritative.
_______________
Judge Robinson
Presiding
Dated this nineteenth day of October 2005
At The Hague
The Netherlands
[Seal of the Tribunal]