Case No.: IT-98-34-T

BEFORE TRIAL CHAMBER I SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra

Registrar:
Mr. Hans Holthuis

Order of:
31 January 2002

PROSECUTOR

v.

MLADEN NALETILIC aka "TUTA"
and
VINKO MARTINOVIC aka "STELA"

___________________________________________________________

THIRD DECISION ON ADMISSION OF EXHIBITS

___________________________________________________________

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"):

BEING SEIZED OF

  1. "Accused Naletilicís Objections to Documents Offered for Admission via Marko Prelec" filed on 29 November 2001;
  2. "Defenceís Objections Concerning Admissibility of Evidence Regarding IAC Documents" and "Accused Martinovicís Joinder to Defenceís Objections Concerning Admissibility of Evidence Regarding IAC Documents" both filed confidentially on 4 December 2001;
  3. "Defenceís Objection to Exhibit P892 and P893" filed confidentially on 14 January 2002;

NOTING the Prosecutorís "Consolidated Response to Accused Naletilicís Objections to Admission of Certain Exhibits" filed on 19 December 2001 and "Response to Defenceís Objection to Exhibit P892 and P893" filed confidentially on 21 January 2002;

CONSIDERING the "Decision on Admission of Exhibits" filed on 9 November 2001 and the "Second Decision on Admission of Exhibits" filed on 13 December 2001;

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 witnesses Marko Prelec and Francisco Aguirre gave coherent evidence of the provenance, the archiving methods and the custody of the documents called "Zagreb Archive Documents";

CONSIDERING that the Trial Chamber deems these aforementioned documents as possessing required criteria of reliability;

CONSIDERING FURTHER that these documents are deemed to be probative and relevant in relation to: the issue of the International Armed Conflict; the background in which the events of 1993 and 1994 as outlined in the indictment took place; corroborating details of testimonies given by witnesses already heard by the Trial Chamber;

FOR THE FOREGOING REASONS

PURSUANT TO Rule 89 (C) of the Rules of Procedure and Evidence;

DECIDES that the following documents submitted by the Prosecutor are admitted into evidence:

PIAC1, PIAC2, PIAC3, PIAC4, PIAC5, PIAC6, PIAC7, PIAC8, PIAC10, PIAC11, PIAC12, PIAC13, PIAC14, PIAC15, P15.2/2, PIAC16, PIAC17*, PIAC19, PIAC20, PIAC21, PIAC22, PIAC23*, PIAC24*, PIAC25*, PIAC26*, PIAC30, PIAC31, PIAC32, PIAC33, PIAC34, PIAC35, PIAC36, P36bis, P36bis/1, PIAC37, PIAC39, PIAC40*, PIAC41*, PIAC42*, PIAC43*, PIAC44, PIAC46*, PIAC47*, PIAC48*, PIAC49, PIAC50, PIAC51, PIAC52*, PIAC54*, PIAC55*, PIAC56*, PIAC57*, PIAC58*, PIAC59*, PIAC60*, PIAC61*, PIAC62*, PIAC63, PIAC65, PIAC66, PIAC68*, PIAC69*, PIAC70*, PIAC71*, PIAC72*, PIAC73*, PIAC74*, PIAC75, PIAC76*, PIAC77*, PIAC78*, PIAC79*, PIAC81*, PIAC84*, PIAC85*, PIAC87*, PIAC91*, PIAC92*, PIAC93*, PIAC95*, PIAC96*, P111, P113.1, P123, P124, P125, P126, P127, P128, P129, P130, P131, P132, P133, P134, P137, P139, P140, P150, P151, P152, P156, P157, P158.1, P163, P169, P172, P175, P177, P178, P187, P189, P200, P202, P203, P204, P206, P209, P210, P211, P212, P212.1, P213, P216, P217, P221.1, P226, P229, P230, P231, P232, P233, P235, P237, P238, P239, P240, P241, P243, P244, P245, P247, P250, P256, P257, P260, P261, P263, P264, P265, P267, P271, P275, P276, P290, P291, P292, P293, P298, P299, P301.1, P305, P311, P316, P317, P321, P325.1, P326, P329, P336, P338, P339, P341, P342, P347, P353, P365, P366, P367, P371, P372, P377, P378, P387, P388.1, P391, P394, P395, P406, P413, P419, P428, P429, P429.1*, P436, P437, P444, P455.1, P456.1, P456.2, P464, P467, P468, P469, P470, P471, P472.1, P476.1, P478, P479, P483.1, P490, P492, P495, P499, P500, P503, P504, P506, P508*, P509, P510, P511, P512, P513, P514, P515, P517, P518, P520, P524, P524.1, P525, P526, P527, P528, P529, P530, P531, P533, P534, P535, P536, P538.1, P539, P540, P542, P543, P544, P545, P546, P547, P548, P549, P551, P553, P554, P555.1, P556, P557, P558, P563, P564, P565, P566, P569, P572, P573, P574, P575, P576, P577, P582, P588, P590, P590.1, P590.2, P591, P592, P595, P597.2, P600.1, P600.2, P602, P603, P603.2, P604, P606, P607*, P607.1, P607.2, P608, P609, P610, P611, P614, P620, P620.1, P621, P621.1, P622, P624, P626, P627, P628, P629, P629.1, P630, P631, P632, P633, P634, P635, P636, P637, P638, P639, P640, P640.1, P641, P644, P645, P646, P647, P648, P649.1*, P649.2*, P650*, P651*, P652, P653, P654, P655*, P657*, P660, P663, P665, P667, P668, P669, P671, P673, P675, P676, P677, P678, P680, P681, P682, P685, P686, P690, P691, P699, P700, P701, P702, P703.1, P703.2, P706, P709, P710, P712, P715, P717, P718, P719, P720, P721, P723, P724, P725, P726, P728, P729, P732, P733, P737, P738, P739, P740, P740.1, P741, P743, P743.1, P744, P745, P751, P752, P776, P779, P780, P783, P793.1, P794, P821, P822, P823, P824, P826, P843/1, P845, P877;

DECIDES that the following lists of documents and prior statements of witnesses submitted by the Prosecutor are not admitted but will be given an identification number: P57, P778, P883, P893;

DECIDES that the following documents are not admitted into evidence since they are not translated into English: P201, P777;

DECIDES that the following document is not admitted into evidence since it is not relevant: P467.1;

ORDERS the Prosecution to provide a further legible BCS copy of the documents PIAC16 and P241 to the Parties and the Registry;

DECIDES that the following document submitted by the Defence is admitted into evidence: D2/23;

REMINDS the Parties that the documents indicated by (*) are confidential.

 

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

Dated this thirty-first day of January 2002,
At The Hague,
The Netherlands

_________________
Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]