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:
15 February 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

__________________________________

DECISION ON ADMISSION OF DOCUMENTS TENDERED IN CONNECTION WITH TESTIMONY OF WITNESS RATKO MARKOVIC

__________________________________

 

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 the Prosecutionís oral motion to admit certain documents through Defence Witness Ratko Markovic,1

CONSIDERING the submissions of Assigned Counsel and the Accused,2

NOTING the Trial Chamberís "Order on Admission of Documents (Including Exhibits of Witnesses Kosta Mihajlovic and Cedomir Popov) and Decision on Prosecution Motion Regarding Exhibits and Other Practicalities During the Defence Case", issued 7 February 2005, in which it was ordered that the parties shall take sufficient steps when tendering as evidence books (and other similarly lengthy documents) so that only the relevant portions of the document are tendered and translations provided, where appropriate,

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

HEREBY ORDERS as follows:

  1. The following portions of exhibit 818 (marked for identification) are admitted: the front cover3 and pages 1-9, 38-47, 48-59, 62-67, 68-73, 74-101, 106-109, and 118. The remainder is denied admission.
  2. Exhibit 819 (marked for identification) is denied admission.
  3. Exhibit 822 (marked for identification) is denied admission.
  4. The "Decision", dated 27 June 1990, of the Constitutional Court of Kosovo (and its translation) is admitted.
  5. The "Decision Proposal", dated 27 July 1990, of the Constitutional Court of Kosovo (and its translation) is admitted.
  6. The document entitled "The Crisis in Kosovo 1989-1999", by Marc Weller is admitted.
  7. The document entitled "Constitutional System of F.R. Yugoslavia, Principles and Contradictions", by Slobodan Samardzic is denied admission.
  8. The document entitled "The Unbearable Lightness of Constitutional Being, Pros and Contras on Political Tactics and Legal Reasoning Behind the 1992 Drafting and Adopting of the Constitution of the Federal Republic of Yugoslavia", by Stevan Lilic is denied admission.

 

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

____________
Judge Robinson
Presiding

Dated this fifteenth day of February 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. See T. 35592-35610 (25 January 2005).
2. See Ibid.
3. ERN no. 03524458.