IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 17 March 1999

 

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC

___________________________________________________________

ORDER GRANTING REQUEST FOR ADMISSION
OF DOCUMENTARY EVIDENCE

____________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne
Mr. James Cowles

Counsel for the Accused:

Mr. Krstan Simic, for Miroslav Kvocka
Mr. Zarko Nikolic, for Milojica Kos
Mr. Toma Fila, for Mlado Radic
Mr. Simo Tosic, for Zoran Zigic

 

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 the "Prosecutor’s Request for admission of documentary evidence" filed by the Office of the Prosecutor ("Prosecution") on 11 January 1999 ("the Request"), seeking pre-trial admission of certain documents as listed in Annex I thereto,

NOTING the "Answer to the Prosecutor’s Request for admission of documentary evidence" filed on behalf of the accused, Miroslav Kvocka, on 26 February 1999 and the "Defence response to Prosecutor’s Request for admission of documentary evidence" filed on behalf of the three other co-accused on 1 March 1999, consenting to the items being admitted, subject to the reservation that, for one item, a transcript in one of the official languages of the International Tribunal has not been provided, and the right to challenge their authenticity, reliability, relevance and probative value,

HAVING HEARD the oral arguments of the parties at a hearing on 9 March 1999,

CONSIDERING that the issues of reliability, relevance and probative value are matters for the Trial Chamber to determine during the trial,

PURSUANT TO Rules 54 and 73 bis of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY ORDERS AS FOLLOWS:

  1. the documents listed in Annex 1 to the Request shall be admitted;
  2. the Defence are at liberty to challenge the authenticity of any of the documents during the trial; and
  3. the Prosecution shall deal with any issues raised as to the authenticity of the documents so admitted by way of rebuttal.

 

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

________________________

Richard May

Presiding

Dated this seventeenth day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]