IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
27 March 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION MOTION FOR THE ADMISSION OF TRANSCRIPTS IN LIEU OF VIVA VOCE TESTIMONY PURSUANT TO 92BIS(D)
__________________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
The Accused
Slobodan Milosevic
Amicus Curiae
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack
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 ("the International Tribunal"),
BEING SEISED of the partly confidential Prosecution Motion for the Admission of Transcripts in Lieu of Viva Voce Testimony Pursuant to 92bis(D) ("Motion"), filed on 26 February 2003, in which the Prosecution requests that:
NOTING the Amici Curiae Request to Extend the Time Period to Reply to the Prosecution Motion for the Admission of Transcripts in Lieu of Viva Voce Testimony Pursuant to Rule 92bis(D), filed 26 February 2003, filed on 7 March, and which was granted orally by the Trial Chamber on 10 March 2003,
NOTING the Amici Curiae Reply to Prosecution Motion for the Admission of Transcripts in Lieu of Viva Voce Testimony Pursuant to Rule 92bis(d), filed 26 February 2003 ("Reply"), which was filed on 13 March 2003, in which the Amici Curiae submit that:
NOTING that Rule 92bis provides:
NOTING Articles 20 and 21 of the Statute,
CONSIDERING that all eight witnesses were subjected to cross-examination by counsel for Slavko Dokmanovic,
CONSIDERING that the evidence does not go to proof of the acts and conduct of the Accused and is therefore admissible under Rule 92bis(D),
CONSIDERING that the evidence does go to matters which may be of critical importance to his defence and that the earlier cross-examination did not adequately cover those matters,
CONSIDERING, therefore, under Rule 92bis(E), that the witnesses should be required to appear for cross-examination,
PURSUANT TO Rules 54, 75(F) and 92bis(D) and (E) of the Rules,
HEREBY ORDERS that the transcripts and the accompanying exhibits shall be admitted under Rule 92bis(D), subject to the witnesses being made available for cross-examination by the Accused on all aspects of the testimonies contained in the transcripts and the accompanying exhibits.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this twenty-seventh day of March 2003
At The Hague
The Netherlands
[Seal of the Tribunal]