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:
09 February 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

___________________________

SECOND DECISION ON ADMISSIBILITY OF INTERCEPTED COMMUNICATIONS

___________________________

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 "Prosecutionís Response to Accusedís Objection to Admission of Intercepted Communications", filed by the Office of the Prosecutor ("Prosecution") on 31 October 2002 ("Motion"), requesting that the Trial Chamber admit into evidence a number of intercepted communications ("intercepts") concerning the Bosnia and Herzegovina phase of the trial,

NOTING the Trial Chamberís "Preliminary Decision on the Admissibility of Intercepted Communications", issued 16 December 2003 ("First Decision"), (1) ordering that 245 intercepts contained in Prosecution Exhibit 613 shall be admitted into evidence on a prima facie basis and (2) reserving final ruling with respect to admissibility subject to determining the relevance and reliability of the intercepts,

NOTING the "Submission of Prosecution Document Concerning the Relevance of Intercepted Communications", filed by the Prosecution on 19 January 2004, and other relevant procedural history of this matter,1

CONSIDERING that the assessment by a court-appointed expert of a sample of the intercepts with respect to their authenticity would assist the Trial Chamber in its determination of the instant matter,

Proprio motu

PURSUANT to Rules 54, 89, and 95 of the Rules,

HEREBY ORDERS that the Accused and the Amici Curiae, within seven (7) days from the date of this Decision, shall identify by means of a public, written, and inter partes filing with the Trial Chamber fifteen (15) intercepts so that a court-appointed expert may assess them with respect to their authenticity.

 

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

__________
Patrick Robinson
Judge

Dated this ninth day of February 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. See, inter alia, First Decision, at notes 1-12.