Case No. IT-01-48-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Amin El Mahdi

Registrar:
Mr. Hans Holthuis

Decision of:
30 June 2005

PROSECUTOR

v.

SEFER HALILOVIC

_________________________________________

DECISION ON MOTION FOR CERTIFICATION

_________________________________________

The Office of the Prosecutor:

Mr. Philip Weiner
Ms. Sureta Chana
Mr. David Re
Mr. Manoj Sachdeva

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

 

TRIAL CHAMBER I, SECTION A, ("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"),

BEING SEISED of the Defence "Motion for Certification Concerning Admission of Record of Interview of the Accused", filed on 22 June 2005 ("Motion"), pursuant to Rule 73 (B) of the Rules of Procedure and Evidence ("Rules"), seeking certification from the Trial Chamber for interlocutory appeal of its "Decision on Admission into Evidence of Interview of the Accused", issued on 20 June 2005 ("Decision"), whereby the Trial Chamber admitted into evidence the record of the interview of Sefer Halilovic ("Accused") with representatives of the Prosecution, which took place from 11 October 2001 to 12 December 2001,

NOTING the "Prosecutionís Response to 'Motion for Certification Concerning Admission of Record of Interview of the Accused for Certification'", filed on 29 June 2005 ("Response"), in which the Prosecution argues that the Motion failed to satisfy any of the requirements set out in Rule 73(B) of the Rules, and requests the Trial Chamber to deny it,

NOTING the partiesí arguments in support of their submissions,

NOTING that Rule 73 (B) of the Rules of Procedure and Evidence ("Rules") requires two criteria to be satisfied before the Trial Chamber may certify a decision for interlocutory appeal: (1) that the issue would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and (2) an immediate resolution of the issue by the Appeals Chamber may, in the opinion of the Trial Chamber, materially advance the proceedings;

CONSIDERING that the issue of the admission into evidence of the Accusedís interview is an important one, that clearly has a bearing on the fairness of the proceedings, as it involves a number of statutory rights guaranteed to the Accused, and that the requirement that the "decision involves an issue that would significantly affect the fair [Ö] conduct of the proceedings", is met; moreover, the admission into evidence of the record of the interview may have consequences for "the outcome of the trial" that could be significant; therefore the first criteria set out in Rule 73 (B) has been satisfied,

CONSIDERING that, in the opinion of the Trial Chamber, an immediate resolution of the issue by the Appeals Chamber would materially advance the proceedings, as it could affect the strategy of the Defence case, which has already started, and the number of Defence witnesses, including witnesses to challenge the content of the interview,

FINDING that both criteria set out in Rule 73 (B) are satisfied,

FOR THE FOREGOING REASONS,

PURSUANT to Rule 54 of the Rules,

HEREBY GRANTS the Motion.

 

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

__________________________
Judge Liu Daqun
Presiding Judge

Dated this thirtieth day of June 2005
At The Hague
The Netherlands

[Seal of the Tribunal]