Case: IT-98-29-T

IN THE TRIAL CHAMBER

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Rafael Nieto-Navia

Registrar:
Mr Hans Holthuis

Decision of:
11 September 2002

PROSECUTOR
v.
STANISLAV GALIC

_____________________________________________

DECISION ON THE ADMISSION INTO EVIDENCE OF EXHIBIT No. P 3747

_____________________________________________

Office of the Prosecutor:

Mr. Mark Ierace

Counsel for the Defence:

Ms. Mara Pilipovic
Mr. Stephane Piletta-Zanin

 

TRIAL CHAMBER I Section B ("the 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 Tribunal");

NOTING that, on 1 August 2002, the Chamber rejected the admission of a document tendered through Witness Arifagic and marked P3747 (the "Document"), on the ground that it was illegible; that it however authorised the Prosecution to submit a better copy no later than 26 August, in which case the Chamber would reconsider the admission of the Document1;

NOTING the "Prosecution Request for an Extension of the Deadline to tender Exhibit No. P3747" (the "Request"), filed on 26 August, whereby the Prosecution requested an extension of the deadline set forth by the Chamber on the ground that, while the relevant Bosnian authorities had already obtained a better copy of the Document, two additional days were needed for it to reach The Hague;

NOTING the "Prosecutionís Submission of Exhibit No. 3747 for its Admission into Evidence" (the "Submission") dated 28 August 2002, in which a copy of the Document is attached;

CONSIDERING that, in view of the documents annexed to the Request, the Chamber is satisfied that the Prosecution exercised due diligence in obtaining on time a better copy of the Document; that the extension requested is minimal and is not prejudicial to the Defence;

CONSIDERING that the certified copy of the Document as now tendered by the Prosecution is of a better quality than the copy tendered through Witness Arifagic and allows to identify the names and dates entered in what is described as a list of patients, the dates being 1 June 1993 with two exceptions;

CONSIDERING that the Document as entered in its present form is relevant and has probative value within the meaning of Rule 89 (C); that the weight to be eventually attributed to the Document will be considered by the Chamber when assessing all the evidence presented;

FOR THE FOREGOING REASONS,

PURSUANT to Rule 89 and Rule 127 of the Rules of Procedure and Evidence,

ADMITS into evidence the Document attached to the Request as Prosecution Exhibit P3747.

 

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

______________________
Alphons Orie
Presiding Judge, Trial Chamber

Done this eleventh Day of September 2002
At The Hague,
The Netherlands.

[Seal of the Tribunal]


1 - T.12795-96.