Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
24 November 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON CONFIDENTIAL PROSECUTION MOTION FOR THE ADMISSION OF TRANSCRIPTS 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 confidential Prosecution Motion for the Admission of Transcripts Pursuant to 92bis(D) ("Motion"), filed on 2 October 2003 by the Office of the Prosecutor ("Prosecution"), in which the Prosecution requests the admission into evidence of the transcripts of testimony and associated exhibits of the following witnesses who testified in respect of events in Sanski Most municipality in the Brdjanin and Sikirica cases:1
NOTING that Rule 92bis(D) provides:
A Chamber may admit a transcript of evidence given by a witness in proceedings before the Tribunal which goes to proof of a matter other than the acts and conducts of the accused,
NOTING Articles 20 and 21 of the Statute,
CONSIDERING the Accused’s general opposition to the admission of Rule 92bis evidence,
CONSIDERING that all seven witnesses were subjected to cross-examination by counsel for the accused in both the Brdjanin and Sikirica cases,
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 goes to matters which may be of critical importance to his defence and that the earlier cross-examination of witnesses B-1042, B-1044, B-1088, B-1377, B-1611, B-1630 and B-1684 adequately covers those matters,
PURSUANT TO Rules 54 and 92bis(D) and (E) of the Rules,
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
____________
Richard May
Presiding
Dated this twenty-fourth day of November 2003
At The Hague
The Netherlands
[Seal of the Tribunal]