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 of:
9 February 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________

ORDER ON THE EVIDENCE OF WITNESS DIEGO ARRIA

_________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. 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 ("the International Tribunal"),

Proprio motu

HAVING ISSUED a "Decision on Prosecution Application Under Rule 89 (F) to Receive the Evidence-In-Chief of Witness Diego Arria in Written Form" on 23 January 2004, in which the Trial Chamber denied the Prosecution Motion on the basis that the statement of the Diego Arria ("witness") was "unduly long and insufficiently relevant to the crimes charged in the indictment to be admitted in the interests of justice",

NOTING that the Prosecution now intends to call the witness as a viva voce witness on
10 February 2004,

CONSIDERING the Trial Chamberís concern that the evidence it is proposed this witness will give is too broad and lacking in relevance and that it would be appropriate for the Prosecution to limit its examination of the witness,

PURSUANT TO Rules 89 of the Rules of the Rules of Procedure and Evidence

HEREBY ORDERS AS FOLLOWS:

  1. The Prosecution shall limit its examination-in-chief of this witness to the following areas:
    1. A brief explanation of the role of the United Nations in the events described in the statement (although the Security Council Resolutions referred to may be introduced through this witness, the evidence on these Resolutions should be as short as possible);
    2. Evidence that relates to the issues going to the guilt or innocence of the Accused as alleged in the Indictment, excluding mere opinion evidence; and

  2. The following time will be available for the evidence of the witness:
    1. The Prosecution may examine the witness for up to 30 minutes; and
    2. The Accused may cross-examine the witness for up to one hour.

 

Done in 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]