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:
16 June 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_____________________________________________

DECISION ON PROSECUTION MOTION TO ADMIT INTO EVIDENCE RATKO MLADICíS YUGOSLAV ARMY (VJ) PERSONNEL CERTIFICATE

_____________________________________________

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 ("Tribunal"), is seised of a confidential "Prosecution Motion Requesting the Admission of a Document into Evidence", filed 3 June 2005 ("Motion"), and hereby renders its decision thereon,

NOTING that, in its confidential "Decision on Prosecution Motion for Protective Measures Pursuant to Rule 79 for Evidence Provided Under Rule 70", issued 18 February 2004 ("prior Decision"), the Trial Chamber ordered, inter alia, that a two-page excerpt from Ratko Mladicís Yugoslav Army (VJ) personnel certificate may be admitted into evidence,

NOTING that the excerpt of the personnel certificate has yet to be assigned an exhibit number,

NOTING that the Prosecution in the Motion

  1. requests that the entire thirteen-page Yugoslav Army (VJ) personnel certificate of Ratko Mladic ("personnel certificate"),1 as provided by Serbia and Montenegro pursuant to Rule 54 bis, be admitted into evidence, rather than the two-page excerpt, on the basis that "it is considered preferable as a general principle for whole documents to be exhibited rather than extracts thereof";2 and

  2. requests that the personnel certificate be admitted as a public exhibit, on the basis that Serbia and Montenegro did not provide the document to the Prosecution on the condition that it be kept confidential,3

CONSIDERING that (1) the personnel certificate was provided to the Prosecution by Serbia and Montenegro; (2) the personnel certificate is relevant and has probative value; and (3) it is, in these exceptional circumstances, appropriate for the entire personnel certificate to be admitted into evidence, rather than an excerpt thereof,

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

HEREBY MODIFIES its prior Decision, ORDERS that the personnel certificate shall be admitted into evidence, and REQUESTS the Registry of the Tribunal to assign it an exhibit number.

 

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

____________
Judge Robinson
Presiding

Dated this sixteenth day of June 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Motion, Annex B.
2. Motion, para. 3.
3. Motion, para. 4.