IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
1 August 2001

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDZIJA

__________________________________________________________

DECISION ON PROSECUTION’S REQUEST FOR ADMISSION OF DOCUMENTARY EVIDENCE

____________________________________________________________

The Office of the Prosecutor:

Mr. Dirk Ryneveld
Ms. Julia Baly
Mr. Daryl Mundis

Counsel for the Accused:

Mr. Veselin Londrovic and Mr. Michael Greaves, for Dusko Sikirica
Mr. Vladimir Petrovic and Mr. Goran Rodic, for Damir Dosen
Mr. Ivan Lawrence and Mr. Jovan Ostojic, for Dragan Kolundžija

 

THIS 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 ("the International Tribunal"),

BEING SEISED of the "Second Additional Request for Admission of Documentary Evidence" filed by the Office of the Prosecutor ("the Prosecution") on 12 March 2001 ("the Second Additional Request"),

BEING SEISED of the "Corrigendum to Second Additional Request for Admission of Documentary Evidence Filed 12 March 2001" filed by the Prosecution on 9 April 2001 ("the Corrigendum"),

BEING SEISED of the "Supplementary Filing of Translations of Certain Documents Filed on 12 March 2001 in the Prosecution’s Second Additional Request for Admission of Documentary Evidence" filed by the Prosecution on 9 July 2001 ("the Supplementary Filing"),

NOTING that no objections have been raised on behalf of any of the accused as to the admission of the documents,

NOTING that the exhibits listed in the "Additional Request for Admission of Documentary Evidence" filed by the Prosecution on 13 October 2000 ("the Additional Request") were admitted by Decision of this Trial Chamber on 20 December 2000,

NOTING that a number of the documents submitted both with the Additional Request and with the Second Additional Request are either missing the original document or are not accompanied by translations into one of the working languages of the International Tribunal,

NOTING further that one document has been duplicated in the two filings, namely, document 8.8 which is incorrectly described and the document submitted is the same as that described as document 8.8.8, and that one document, described as document 8.4.3, has been submitted both with the Additional Request and with the Second Additional Request, but with two different translations into English,

CONSIDERING that admission of the documents, where accompanied by a translation, would assist in the understanding of the case and would therefore be in the interests of justice and judicial economy,

PURSUANT TO Rule 89 of the Rules,

HEREBY GRANTS THE RELIEF SOUGHT as follows:

(1) The following documents listed in Annex 1 of the Additional Request but submitted only with the Second Additional Request are admitted: 8.1.13; 8.1.15; 8.2.5; 8.3.4; 8.3.16; 8.3.17; 8.3.20; 8.3.22; 8.3.23; 8.4.4; 8.4.5; 8.5.6; 8.5.16; 8.6; 8.6.1; 8.8.1; 8.8.2; 8.8.3; 8.8.4; 8.8.5; 8.8.6; 8.8.7; 8.8.11; and 8.8.12;

(2) The following documents listed as new documents in Annex 1 of the Second Additional Request are admitted: 9.1; 9.2; 9.3; 9.4; 9.5; 9.6; 9.7; 9.8; 9.9; 9.10; 9.11; 9.12; 9.13; 9.14; 9.15; 9.16; and 9.17;

(3) The documents listed in Annex 1 to the Additional Request but not submitted on 13 October 2000 and which the Prosecution no longer seeks to have admitted into evidence in the trial are consequently not admitted and do not form part of the record of this case: 8.1.9; 8.1.10; 8.3.5; 8.5.5; 8.5.10; 8.5.12; 8.5.13; 8.5.14; 8.4.6; 8.5.9; and 8.6.4;

(4) The Prosecution has until Wednesday 15 August 2001 to submit translations of the following documents submitted with the Additional Request and for which translations are not available: 8.1.3; 8.1.7; 8.1.8 RP 7448; 8.2; 8.3.19 RP 7234-31, 7229-24, 7209-04;

(5) The following documents are admitted in part:

    (a) Registry Pages ("RP") 8542-41 and 8549-48 (translation) of document 8.1.14;

(b) RP 8282-79 and 8286-83 (translation) of document 8.8.8;

(c) RP 8270-67 and 8274-71 (translation) of document 8.8.9;

(d) RP 8249-46 and 8257-54 (translation) of document 8.8.10; and

(e) the Prosecution has until Friday 24 August 2001 to submit translations of any of the remaining parts of the above documents;

(6) The Prosecution shall by Friday 24 August 2001 designate the translation of document 8.4.3 on which it wishes to rely, namely, RP 7086 filed with the Additional Request or RP 8498-97 filed with the Second Additional Request;

(7) The Prosecution has until Friday 24 August 2001 to submit a translation of the following document: 8.6.2; and

(8) Document 8.8 is not admitted.

All documents referred to above for which translations have been provided by the date specified shall be admitted. All documents for which translations have not been submitted by the date specified, even if not specifically listed above, are not admitted.

 

Done in both English and French, the English text being authoritative.

______________________
Patrick Robinson
Presiding

Dated this first day of August 2001
At The Hague
The Netherlands

[Seal of the Tribunal]