Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge Richard May
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
16 April 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON PROSECUTION MOTION TO RE-ADMIT INTO EVIDENCE AN EXHIBIT FORMERLY PROTECTED UNDER RULE 70

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff

The Accused

Mr. Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
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"),

BEING SEISED OF a confidential "Prosecutionís Motion to Re-Admit into Evidence an Exhibit Protected Under Rule 70", filed on 1 April 2004 ("Motion"), seeking re-admission of a document, identified as Exhibit 596, tab 10 in these proceedings,

NOTING the "Decision on Prosecution Motion to Withdraw an Exhibit Protected Under Rule 70", issued by the Trial Chamber on 21 November, 2003, in which the Chamber granted a Prosecution application to place an exhibit under seal and withdraw copies of it, on the basis that the Prosecution had failed to obtain permission from the Rule 70 provider of the document prior to it being disclosed and tendered into evidence, and ordered the Prosecution to seek post facto permission from the information provider and report back to the Trial Chamber,

CONSIDERING the Prosecution reports that it has sought and received the information providerís permission to use the document in these proceedings with a minor redaction,

PURSUANT TO Rules 89, 70 and 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS that the document attached to the Motion as Annex 1 (the original document in its redacted form) be re-admitted as a public document and referred to as Exhibit 596, tab 10, and that it be re-disclosed to the Accused and Amici Curiae.

 

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

___________________
Judge Robinson
Presiding

Dated this sixteenth day of April 2004
At The Hague
The Netherlands

[Seal of the Tribunal]