IN THE TRIAL CHAMBER
Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Registrar:
Mrs Dorothee de Sampayo Garrido-Nijgh
Order of:
11 May 2000
PROSECUTOR
v
STANISLAV GALIC
ORDER ON THE DEFENCE MOTION TO SUPPRESS/EXCLUDE ACCUSEDS STATEMENTS
Office of the Prosecutor:
Mr Franck Terrier
Counsel for the Defence:
Mr Nikola Kostich
TRIAL CHAMBER I 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");
BEING SEIZED of the Defences "Motion to Suppress/Exclude Accuseds Statements", dated 7 April 2000 and filed on 13 April 2000 ("the Motion"), in which the Defence requests that the Trial Chamber order that any statement attributed to the accused, obtained as a result of wire interception or electronic surveillance, be suppressed or excluded from trial;
NOTING the "Prosecutors Response to Defence Motion to Suppress/Exclude Accuseds Statements", dated and filed on 20 April 2000, in which the Prosecution submits that the Motion should be denied and that, at this stage, it does not intend to rely on or seek to introduce into evidence any such statements, but that should it wish to do so at a later stage such evidence will be disclosed in accordance with the Rules of Procedure and Evidence (the "Rules"), and that, where applicable, any such available evidence will be disclosed in accordance with Rule 68 of the Rules;
CONSIDERING that, in case the said evidence becomes an issue, the Prosecution is to consider its disclosure obligations in accordance with the Rules, notably Rules 66 and 68;
CONSIDERING that the admissibility of any evidence is to be addressed by the parties at trial and finally to be decided by the Trial Chamber in accordance with the Rules, particularly Rules 89 and 95;
FOR THE FOREGOING REASONS,
REJECTS the Motion.
Done in English and French, the English version being authoritative.
______________________
Almiro Rodrigues
Presiding Judge
Done this 11 May 2000
At The Hague,
The Netherlands.
[Seal of the Tribunal]