Case No. IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision:
17 December 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

____________________________________

DECISION ON ADMISSION OF DOCUMENTS TENDERED DURING THE TESTIMONY OF WITNESS SLAVENKO TERZIC

____________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack

 

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 Defence request to admit marked for identification exhibit D262, tabs 1-51, which are documents that, according to the Defence, pertain to the testimony of witness Slavenko Terzic, who testified before the Trial Chamber on 6-7, 9 December 2004 ("Terzic documents"),1

NOTING the statement of the Trial Chamber made during the hearing on 9 December 2004:

The Chamber overnight looked at the documents that Mr. Milosevic referred to in his examination-in-chief, and we prepared a list for ourselves for our internal use, and it numbered 51. The Chamber will issue an order as to the admission of these documents, and I will give a general outline as to the criteria which the Chamber will use. Those which have been translated will be admitted. Those which have not been translated will be marked for identification until they are translated. And those which have not been those which have not been dealt with will clearly not be admitted.

And I should say that in relation to translation, it is only those sections that were referred to in court that will be translated.2

PURSUANT to Rules 54 and 89 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

  1. The following Terzic documents shall be admitted into evidence: 1, 3, 4a, 4b, 4c, 4e, 4f, 5b, 5c, 5d, 5e, 6 (excerpt from Between Serb and Albanian), 7a, 8 (six maps), 10, 12, 33, 38, 45, 48, 50, and 51.

  2. The following Terzic documents shall not be admitted into evidence: 2, 4d, 7, 9, 13, 16, 17, 23, 24, 34, 35, 36, 39, 40, 41, 42, 43, and 44a.

  3. The following Terzic documents shall remain marked for identification pending translation and further Order of the Trial Chamber: 5a, 6 (article in Rad by Bernard Stulli; excerpt from book by Hanns Dieter Schanderl), 8 (three articles), 11, 14, 15, 18, 19, 20, 21, 22, 25, 26, 27a-d, 28, 29, 30, 31, 32, 37, 44, 46, 47a-d, and 49.

  4. The parties shall make any objections to this Order within seven days.

 

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

___________
Judge Robinson
Presiding

Dated this seventeenth day of December 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. T. 34309, 34369-34370 (7 December 2004); T. 34419, 34439 (9 December 2004).
2. T. 34439-34440 (9 December 2004).