IN THE APPEALS CHAMBER OF THE INTERNATIONAL TRIBUNAL

Before: Judge Richard May, Presiding

Judge Wang Tieya

Judge David Hunt

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 4 February 1999

 

PROSECUTOR

v.

ZLATKO ALEKSOVSKI

___________________________________________________________

ORDER REGARDING THE PROSECUTION’S APPLICATION
FOR LEAVE TO APPEAL FILED ON 6 NOVEMBER 1998

___________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Anura Meddegoda

Counsel for the Accused:

Mr. Goran Mikulicic
Mr. Srdan Joka

 

This Appeals Chamber ("Appeals 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 ("International Tribunal"),

NOTING the Decisions of Trial Chamber I ("the Aleksovski Trial Chamber") Granting Leave for the Admission of Evidence, filed on 3 November 1998 ("First Trial Chamber Decision"), and Rejecting a Request for Leave to Admit a Witness Testimony into Evidence, filed on 5 November 1998 ("Second Trial Chamber Decision"), respectively;

NOTING the Prosecution’s Application for Leave to Appeal: (1) the Trial Chamber’s Decision to Admit further Defence evidence; and (2) the Trial Chamber’s Decision to deny the Prosecutor’s Motion to Admit further evidence in Reply, filed on 6 November 1998 ("Appeal");

NOTING the Decision on Application of the Prosecution for leave to Appeal: (1) the Trial Chamber’s Decision to Admit further Defence evidence; and (2) the Trial Chamber’s Decision to deny the Prosecutor’s Motion to Admit further evidence in Reply, by a Bench of three Judges of the Appeals Chamber, filed on 18 December 1998;

NOTING the Prosecution’s Brief in support of Interlocutory Appeal of: (1) the Trial Chamber’s Decision to Admit further Defence Evidence; and (2) the Trial Chamber’s Decision to Deny the Prosecutor’s Motion to Admit further Evidence in Reply, filed on 8 January 1999;

NOTING the Defence’s Brief on the Merits of the Prosecutor’s Appeal, filed on 8 January 1999;

CONSIDERING the oral arguments of the parties made before the Appeals Chamber on 3 February 1999;

CONSIDERING the stage at which the trial in the present case has reached;

HEREBY DECIDES, by a majority of four to one, Judge Patrick Robinson dissenting, that the Appeal is refused in respect of the First Trial Chamber Decision admitting further Defence evidence, and that the Appeal is allowed with regard to the Second Trial Chamber Decision to the extent that the Trial Chamber considers that the evidence in rebuttal has probative value under Sub-rule 89 (C);

AND ORDERS, by a majority of four to one, Judge Patrick Robinson dissenting, that the matter be remitted to the Aleksovski Trial Chamber for review with regard to the evidence in rebuttal, and that the Aleksovski Trial Chamber:

      1. instruct the Prosecution to seek from the Trial Chamber in the case of Prosecutor v. Tihomir Blaskic (Case No. IT-95-14-T) a waiver or amendment of the protective measures ordered by that Trial Chamber to enable the evidence in rebuttal to be disclosed as necessary in the Aleksovski proceedings; and
      2. order appropriate protective measures for the purposes of its review of the evidence in rebuttal and of the admission, in part or in entirety, of this evidence in the present trial, if the evidence is to be admitted.

AND INFORMS the parties that a written decision will follow by the Appeals Chamber giving reasons for the decision and order it has reached in this matter, and that Judge Robinson will attach his dissenting opinion to this decision.

 

Done in both English and French, the English text being authoritative.

________________________________

Richard May

Presiding Judge

Dated this fourth day of February 1999

At The Hague,

The Netherlands.

[Seal of the Tribunal]