Case No. IT-01-47-T
IN TRIAL CHAMBER II
Before:
Judge Jean-Claude Antonetti
Judge Vonimbolana Rasoazanany
Judge Bert Swart
Registrar:
Mr Hans Holthuis
Decision of:
22 June 2005
THE PROSECUTOR
v.
ENVER HADZIHASANOVIC
AMIR KUBURA
_________________________________________
ORDER ON ADMISSION OF CHAMBER EXHIBITS
_________________________________________
The Office of the Prosecutor:
Mr Daryl Mundis
Ms Tecla Henry-Benjamin
Mr Stefan Waespi
Mr Matthias Neuner
Defence Counsel:
Ms Edina Residovic and Mr Stéphane Bourgon for Enver Hadzihasanovic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura
TRIAL CHAMBER II ("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"),
NOTING that Rule 89(C) of the Rules of Procedure and Evidence of the Tribunal ("Rules") provides that the Trial Chamber may admit any relevant evidence which it deems to have probative value;
NOTING that Rule 95 of the Rules provides, inter alia, that any evidence obtained by methods which cast substantial doubt on its reliability shall not be admissible;
NOTING that during the presentation of its case the Office of the Prosecutor ("Prosecution") submitted to the Chamber and the Defence ten war diaries and operations logbooks ("War Diaries") with the request that only some extracts of the War Diaries be admitted as Prosecution exhibits-1-;
CONSIDERING that during the hearing of 27 April 2004 the Defence submitted that the War Diaries should be admitted in full since quoting extracts diminishes their reliability-2-;
CONSIDERING that in its oral ruling of 17 May 2004, the Chamber requested the Prosecution to provide full translations of the War Diaries-3-;
CONSIDERING that in its Decision on the admissibility of certain challenged documents and documents for identification rendered on 16 July 2004 the Chamber admitted the extracts of the War Diaries, holding that the copies of the War Diaries present sufficient indicia of reliability, relevance and probative value-4-;
CONSIDERING that the admission of the War Diaries in full will contribute to the ascertainment of the truth;
CONSIDERING moreover that such admission could assist in clarifying previously admitted exhibits and in following the sequence of events in 1993;
FOR THE FOREGOING REASONS,
PURSUANT to Rules 89, 95 and 98 of the Rules,
ORDERS that the War Diaries be admitted in full as Chamber exhibits, except for the Prosecution exhibits which have already been admitted in the proceedings;
DECIDES that the new exhibits shall be marked as indicated in the attached Annex A.
Done in French and in English, the French version being authoritative.
__________
Judge Jean-Claude Antonetti
Presiding
Done this twenty-second day of June 2005
At The Hague
The Netherlands
[Seal of the Tribunal]
ANNEX A
Title |
Period covered |
ERN Numbers |
Exhibit # |
Location |
Operations Logbook of the Operations Group |
30.06.93 – 09.12.93 |
0180 1960 – 0180 2159 Excluding: ERN 01802133 to 34, admitted as P 925 Tab 4 |
C11 |
Binder 1 B/C/S Binder 2 English |
Operations Group Bosanska Krajina. Mail Delivery Book |
19.09.93 – 11.11.93 |
0180 2630 – 0180 2718 |
C12 |
Binder 3 B/C/S and English |
War Diary of the OG Bosanska Krajina |
17.02.93 – 06.04.94 |
0180 3027 – 0180 3213 Excluding: ERN 0180 3043-44, admitted as P 925 Tab 1 ERN 0180 3067, admitted as P 925 Tab 2 |
C13 |
Binder 4 B/C/S Binder 5 English |
"War Diary 1" |
05.12.92 – 13.03.93 |
0181 3735 – 0181 3925 |
C14 |
Binder 6 B/C/S Binder 7 English |
"War Diary 2" |
13.03.93 – 14.05.93 |
0181 3926 – 0181 4119 Excluding: ERN 0180 4013, admitted as P 923 Tab1 ERN 0180 4014, admitted as P 923 Tab 2 ERN 0180 4017, admitted as P 923 Tab 3 ERN 0180 4047, admitted as P 923 Tab 5 ERN 0180 4064 to 69, admitted as P 923 Tab 7 ERN 0180 4082, admitted as P 923 Tab 6 ERN 0180 4083, admitted as P 923 Tab 4
|
C15 |
Binder 8 B/C/S Binder 9 English |
War Diary 3rd Corps Command |
16.05.93 – 28.07.93 |
0181 4120 – 0181 4324 Excluding: ERN 0180 4165, admitted as P 924 Tab 6 ERN 0180 4170, admitted as P 924 Tab 5 ERN 0180 4171, admitted as P 924 Tab 1 ERN 0180 4192 to 94, admitted as P 924 Tab 2 ERN 0180 4198 to 4216, admitted as P 924 Tab 3 ERN 0180 4276-77, admitted as P 924 Tab 4 |
C16 |
Binder 10 B/C/S Binder 11 English |
Logbook of the Duty Operations Team of the Staff of the Supreme Command of the BH Army |
16.01.93 – 18.02.93 |
0182 5726 – 0182 5918 Excluding: ERN 0180 5793 to 94, admitted as P 928 Tab 1 ERN 0180 5803, admitted as P 928 Tab 2 |
C17 |
Binder 12 B/C/S Binder 13 English |
War Diary of the 306th Mountain Brigade |
30.11.92 – 10.09.94 |
01826745 – 01826851 Excluding: ERN 0182 6754, admitted as P 926 Tab 1 ERN 0182 6768, admitted as P 926 Tab 3 ERN 0182 6792, admitted as P 926 Tab 2 ERN 0182 6824, admitted as P 926 Tab 4 |
C18 |
Binder 14 B/C/S Binder 15 English |
Operations Logbook |
01.12.92 – 06.02.93 |
No ERN Number |
C19 |
Binder 16 B/C/S and English |
Operations Logbook |
06.02.93 – 22.06.93 |
No ERN Number Excluding : P 415 |
C20 |
Binder 17 B/C/S and English |