Case No. IT-03-68-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Registrar:
Mr. Hans Holthuis

Decision of:
15 June 2005

PROSECUTOR

v.

NASER ORIC

______________________________________________

DECISION ON PROSECUTION’S MOTION FOR LEAVE TO REMOVE EXHIBIT P561 FOR PURPOSE OF INVESTIGATION

______________________________________________

The Office of the Prosecutor:

Mr. Jan Wubben
Ms. Patricia Sellers Viseur
Mr. Gramsci di Fazio
Ms. Joanne Richardson
Mr. Jose Doria

Counsel for the Accused:

Ms. Vasvija Vidovic
Mr. John Jones

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 Leave to Remove Prosecution’s Exhibit 561 for Purpose of Investigation" filed by the Office of the Prosecutor ("Prosecution") on 10 June 2005 ("Motion");

NOTING that the Prosecution in its Motion is seeking to gain access and temporarily remove Prosecution Exhibit P561, which is referred to as a diary or a log book of the military police of Srebrenica ("Exhibit"), in order to show it to the person who may have authored it and who is said to have expressed a desire to see it;

NOTING that the Defence for the accused Naser Orić has informed the Trial Chamber that it does not intend to file a response to this Motion;

CONSIDERING that the request set out in the Motion seems reasonable in the circumstances, which were described by Prosecution witness Mr. Gamini Wijeyesinghe when the Exhibit was tendered;

CONSIDERING that this is an Exhibit tendered by the Prosecution;

CONSIDERING therefore that while the Prosecution will be granted access and allowed temporary custody over the Exhibit, it will be running the risks involved with such an exercise. In other words, in the event that the Exhibit is lost, damaged or otherwise altered while in the temporary custody of the Prosecution, the Trial Chamber might decide that it will no longer be considered a valid exhibit for purposes of this trial;

FOR THE FOREGOING REASONS

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence;

HEREBY GRANTS the Motion, and

REQUESTS the Registrar to assist with the practicalities involved in giving the Prosecution temporary custody over Exhibit P561 and to keep of a record of when the Exhibit was taken out, when it was returned and by whom.

Done in French and English, the English version being authoritative.

Dated this fifteenth day of June 2005,
At The Hague,
The Netherlands.

______________________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]