Case No. IT-99-36-T
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya
Registrar:
Mr. Hans Holthuis
Decision of:
7 July 2003
PROSECUTOR
v.
RADOSLAV BRDANIN
____________________________
DECISION ON PROSECUTION’S MOTION FOR ADMISSION OF STATEMENTS PURSUANT TO RULE 92BIS – DESTRUCTION OF RELIGIOUS SITES
____________________________
The Office of the Prosecutor:
Ms. Joanna Korner
Counsel for the Accused:
Mr. John Ackerman
Mr. David Cunningham
TRIAL CHAMBER II ("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"):
BEING SEISED OF the "Prosecution’s Motion for Admission of Statements Pursuant to Rule 92 bis – Destruction of Religious Sites" and "Confidential Annex A" ("Motion"), filed on 28 April 2003, requesting the admission of the written statements and relevant attachments of witnesses 7.213, 7.242, 7.243, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 and 7.274 pursuant to Rule 92bis of the Rules of Procedure and Evidence of this Tribunal ("Rules");
NOTING the "Response to Prosecution Motion for Admission of Statements Pursuant to Rule 92 bis – Destruction of Religious Sites", filed on 21 May 2003, submitting that:
NOTING that by agreeing to Rule 92bis treatment of testimonies and statements of witnesses, the Defence does not concede the accuracy of any statements or assertions made by any witness;
CONSIDERING that the Trial Chamber has a duty to ensure that the requirements for the admission into evidence of witnesses’ statements and relevant attachments pursuant to Rule 92bis of the Rules are met, and that the application of this Rule in the instant case does not prejudice the rights of the accused envisaged in Article 21 of the Statute of this Tribunal;
CONSIDERING that the Trial Chamber is satisfied that the written statements which the Prosecution requests to admit into evidence go to proof of matters other than the acts and conduct of Radoslav Brdjanin ("Accused") as charged in the Indictment;
FINDING therefore that the requirements of Rule 92bis of the Rules are met and that it is in the interests of justice to admit the statements of witnesses 7.213, 7.242, 7.243, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 and 7.274;
NOTING the "Prosecution’s Argument for Admission of the Attachments to Witness 7.243", filed on 2 July 2003, stating that:
CONSIDERING the oral decision issued during the hearing of 4 July 20032 to expunge the brochure as an attachment to the statement of witness 7.243 and to admit the photographs into evidence;
FOR THE FOREGOING REASONS
PURSUANT TO Rule 92bis of the Rules;
HEREBY ORDERS THAT:
The written statements and of witnesses 7.213, 7.242, 7.243, 7.244, 7.245, 7.246, 7.247, 7.248, 7.249, 7.250, 7.251, 7.252, 7.253, 7.255, 7.256, 7.257, 7.258, 7.259, 7.260, 7.261, 7.262, 7.267, 7.268, 7.269, 7.270, 7.272, 7.273 and 7.274 are admitted into evidence under Rule 92bis of the Rules.
Done in French and English, the English version being authoritative.
Dated this seventh day of July 2003.
At The Hague
The Netherlands
______________
Carmel Agius
Presiding Judge
[Seal of the Tribunal]
1. The ERN number mentioned by
the Prosecution in its filing is incorrect.
2. Trial Transcript, 18944-18946.