BEFORE THE TRIAL CHAMBER
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra
Mr. Hans Holthuis
25 October 2001
MLADEN NALETILIC aka "TUTA"
VINKO MARTINOVIC aka “STELA"
ORDER RE-STATING THE PRINCIPLES ON THE PRESENTATION OF DOCUMENTS AND OTHER EVIDENCE ITEMS
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 1992 ("the Tribunal"):
NOTING that as early as on 24 July 2001, the Registry transmitted the "Memorandum on the Handling of Exhibits in Case N. IT-98-34-PT" to the parties by which the parties in this case were informed about the administrative procedure of submitting documents or other evidence items;
NOTING the Chamber’s oral order ("the Order’) for the efficient administration and fairness of the proceedings on 12 September 2001, setting out detailed instructions as to how documents that are intended to be used by a party during direct or cross-examination should be submitted to the Chamber;
CONSIDERING that at all times, a witness has to be treated fairly and respectfully during cross-examination and that the party cross-examining a witness is under particular obligation to duly inform the witness which particular document and relevant part of the said document is being referred to and to be discussed;
FOR THE FOREGOING REASONS
ORDERS that the following principles, as already adopted by the Order of 12 September 2001, are adhered to by all parties when presenting documents or other evidence items to the Chamber:
REMINDS parties that in the interest of an expedient and fair trial, the Chamber will, from the day this order enters into force, only allow a party to use documents or other evidence items in the course of the direct or cross-examination of a witness if the Chamber is satisfied that the party complied with these principles.
Done in English and French, the English version being authoritative.
Dated this twenty-fifth day of October 2001,
At The Hague,
Judge Liu Daqun
[Seal of the Tribunal]