Case No.: IT-98-34-T
BEFORE TRIAL CHAMBER I SECTION A
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra
Mr. Hans Holthuis
31 January 2002
MLADEN NALETILIC aka "TUTA"
VINKO MARTINOVIC aka "STELA"
DECISION ON ADMISSION OF E.C.M.M. DOCUMENTS
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic
TRIAL CHAMBER I, SECTION A ("the 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 ("the Tribunal"):
NOTING the "Decision on Admission of Documents Tendered Through Antoon Van der Griten", issued 31 January 2002;
CONSIDERING that the document admission procedure is not contingent upon considerations of authenticity and origin and that the decision to authorise the tendering of one or several documents is without prejudice to the value or weight which will be accorded to the documents during the final stage of the trial;
CONSIDERING that the witnesses Jan Van Hecke, Marko Prelec, Alistair Rule and Sir Martin Garrod gave coherent evidence of the provenance, the archiving methods and the custody of the documents called "E.C.M.M. Documents";
CONSIDERING that the Trial Chamber deems these aforementioned documents as possessing required criteria of reliability;
CONSIDERING FURTHER that translation into the language of the accused is not necessary as the documents fall within the category of documents described in the Chamberís oral decision of 13 November 2001;
PURSUANT TO Rule 89 (C) of the Rules;
DECIDES that the following documents submitted by the Prosecutor are admitted into evidence: P126.1, P235, P239, P243, P369, P429.1, P431, and P485.
Done in English and French, the English version being authoritative.
Dated this thirty-first day of January 2002,
At The Hague,
Judge Liu Daqun
[Seal of the Tribunal]