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ICTY Weekly Press Briefing - 24 September 2008

Date:  24.09.2008

Registry and Chambers:

There was no statement made by Registry and Chambers.

Office of the Prosecutor:

Olga Kavran, Spokesperson for the Office of the Prosecutor, made no statement.


Asked whether the defence could challenge the accepted adjudicated facts in the Perišić case (in reference to the Trial Chamber decision issued on 23 Sept 2008), Kavran replied that the whole purpose of submitting motions to accept adjudicated facts* was to reduce the amount of evidence that the Prosecution would have to present in court, if the motion is granted. The defence in the Perisic case did have the opportunity to respond to the motion. These facts have also been challenged by other Defence teams and established in Appeals judgements in other cases. However, since this is the decision of the Trial Chamber in the Perisic case, with leave of that Chamber, the defence can appeal this decision.

*Rule 94
Judicial Notice

(Adopted 11 Feb 1994)
(A) A Trial Chamber shall not require proof of facts of common knowledge but shall take judicial notice thereof.
(B) At the request of a party or proprio motu, a Trial Chamber, after hearing the parties, may decide to take judicial notice of adjudicated facts or documentary evidence from other proceedings of the Tribunal relating to matters at issue in the current proceedings. (Amended 10 July 1998)