Case No. IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision:
27 January 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

___________________________________________

DECISION ON PROSECUTION MOTION FOR ADMISSION OF TRANSCRIPT PURSUANT TO RULE 92BIS(D) FOR WITNESS B-1132

___________________________________________

Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

Amici Curiae:

Mr. Steven Kay
Mr. Branislav Tapuskovic
Prof. Timothy McCormack

The Accused:

Mr. Slobodan Milosevic

 

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 ("International Tribunal"),

BEING SEISED of a confidential "Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D) in Relation to Events in Prijedor", filed by the Office of the Prosecutor ("Prosecution") on 12 December 2003 ("Motion"), requesting, inter alia, that the Trial Chamber, pursuant to Rule 92bis(D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), admit into evidence the transcript and related exhibits of Witness B-1132 without requiring the witness to appear for cross-examination,

NOTING the confidential "Prosecutionís Corrigendum to ĎProsecutionís Motion for the Admission of Transcripts Pursuant to Rule 92 BIS (D) in Relation to Events in Prijedorí", filed by the Prosecution on 22 January 2004 ("Corrigendum"),

CONSIDERING that (1) there are significant deficiencies in the supporting materials provided by the Prosecution to the Trial Chamber, Amici Curiae, and the Accused, which the Prosecution seeks as part of the Motion to have admitted into evidence; (2) these deficiencies have not been cured by the Corrigendum; and (3) the Trial Chamber is unable to assess the relevance and probity of the supporting materials,

CONSIDERING therefore that the Trial Chamber is unable to determine the merit of the Motion,

PURSUANT to Rules 54 and 92bis(D) and (E) of the Rules,

HEREBY DENIES the Motion.

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

_________
Richard May
Presiding

Dated this 27th day of January 2004
At The Hague
The Netherlands

[Seal of the Tribunal]