Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order:
15 September 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
___________________________________________
FIRST ORDER DIRECTING PARTIES TO CLARIFY THEIR POSITIONS ON ADMISSION OF DEFENCE DOCUMENTS MARKED FOR IDENTIFICATION PENDING TRANSLATION AND FURTHER ORDER
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. 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 ("Tribunal"),
Proprio motu,
NOTING that (1) the Defence has tendered as evidence and the Trial Chamber marked for identification untranslated documents and (2) the Trial Chamber has postponed its decisions on the admission of such documents pending their translation,
NOTING that, when an official Conference and Language Services Section ("CLSS") translation has been submitted for a document that has been marked for identification in accordance with the above practice, it is necessary for the Trial Chamber to issue an Order regarding the admission of that document and its translation in order for them to be admitted into evidence,
CONSIDERING, with respect to documents tendered by the Defence, that (1) where a document has been marked for identification pending translation and further Order and an official CLSS translation subsequently has been provided, the document and its official CLSS translation should be admitted into evidence on Order of the Trial Chamber; (2) the Defence is the appropriate party to identify each situation where this is the case; and (3) where only an English translation of a document has been provided, it is appropriate for the Defence to provide the B/C/S version and for that version to be admitted into evidence,
NOTING that a similar process has been ordered before in this case,1
NOTING the Trial Chamber’s "Order Directing Parties to Clarify Their Positions on Admission of Translations of Exhibits Admitted During Prosecution Case and Decision on Prosecution Motion to Admit Translations of Documents Concerning Events in Racak", issued 30 June 2005, wherein the Trial Chamber made similar orders with respect to Prosecution documents and noted that, in due course, it would order the parties to make similar submissions with respect to currently pending translations of exhibits marked for identification during the Defence case,
PURSUANT to Rules 54 and 89 of the Rules of Procedure and Evidence of the Tribunal,
HEREBY ORDERS as follows:
Done in both English and French, the English text being authoritative.
________________
Judge Robinson
Presiding
Dated this fifteenth day of September 2005
At The Hague
The Netherlands
[Seal of the Tribunal]