Case No.: IT-98-34-T
BEFORE TRIAL CHAMBER I SECTION A
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra
Mr. Hans Holthuis
31 January 2002
MLADEN NALETILIC aka "TUTA"
VINKO MARTINOVIC aka "STELA"
DECISION ON ADMISSION OF SEIZED DOCUMENTS
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic
TRIAL CHAMBER I, SECTION A ("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 the "Order Relating to Request for All Documents Relating to Search Warrant Issued on the 18th September 1998 and Signed by the Honorable Judge May" filed confidentially on 1 November 2001;
NOTING the "Request for leave to Appeal" filed by Mladen Naletilic on 8 November 2001;
NOTING the "Decision on Application by Mladen Naletilic for Leave to Appeal the Order and decision of Trial Chamber I Section A Dated 1 November 2001" filed on 18 January 2002;
CONSIDERING that the document admission procedure is not contingent upon considerations of authenticity and origin and that the decision to authorise the tendering of one or several documents is without prejudice to the value or weight which will be accorded to the documents during the final stage of the trial;
CONSIDERING that the witness Jan Van Hecke gave coherent evidence of the provenance, the archiving methods and the custody of the documents called "Seized Documents";
CONSIDERING that the Trial Chamber deems these aforementioned documents as possessing required criteria of reliability;
FOR THE FOREGOING REASONS
PURSUANT TO Rule 89 (C) of the Rules;
DECIDES that the following documents submitted by the Prosecutor are admitted into evidence: P269, P493, P552, P578, P585, P589, P593, P598, P605, P613, P672, P705, P734, P753, P754, P755, P756, P757, P758, P759, P785, P786, P789, P790, P802, P803, P804, P805, P807, P808, P809, P810, P811, P812, P813, P818, P819, P820, P873.
Done in English and French, the English version being authoritative.
Dated this thirty-first day of January 2002,
At The Hague,
Judge Liu Daqun
[Seal of the Tribunal]