IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 19 March 1999

 

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC

___________________________________________________________

DECISION ON PROSECUTOR’S MOTION FOR
JUDICIAL NOTICE OF ADJUDICATED FACTS

____________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Counsel for the Accused:

Mr. Krstan Simic, for Miroslav Kvocka
Mr. Zarko Nikolic, for Milojica Kos
Mr. Toma Fila, for Mlado Radic
Mr. Simo Tosic, for Zoran Zigic

 

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 "Prosecutor’s motion for judicial notice of adjudicated facts" filed by the Office of the Prosecutor ("the Prosecution") on 11 January 1999 ("the Motion"), requesting the Trial Chamber to take judicial notice of 583 facts listed in Annex 1 thereto as being adjudicated facts falling within Rule 94 (B) of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

NOTING the "Answer to Annex One to the Prosecutor’s motion on the facts of judgement" filed by counsel for the accused, Miroslav Kvocka, on 26 February 1999, in which defence counsel objected to judicial notice being taken of any of the facts listed in the Annex, the "Defence response to Prosecutor’s motion for judicial notice of adjudicated facts" filed jointly by counsel for the accused Milojica Kos and Mlado Radic on 1 March 1999, and the "Defence response to the Prosecutor’s motion for judicial notice of adjudicated facts" filed by counsel for the accused, Zoran Zigic, on 8 March 1999, in which defence counsel objected to the Trial Chamber taking judicial notice of some, but not all, of the facts listed in the Annex,

HAVING HEARD the oral arguments of the parties on 9 March 1999,

NOTING that, at the hearing, counsel for all four accused agreed that the Trial Chamber may take judicial notice of certain facts as being adjudicated facts from other proceedings of the International Tribunal relating to matters at issue in the current proceedings,

CONSIDERING that it would be in the interests of judicial economy and would promote an expeditious trial for the Trial Chamber to take judicial notice of the adjudicated facts upon which the parties are agreed,

 

PURSUANT TO Rule 94 of the Rules

HEREBY GRANTS THE MOTION in part and DECIDES to take judicial notice of the adjudicated facts listed in paragraphs 1 – 6, 8, 10 – 17, 21 – 70, 74, 78 – 87, 89, 96 – 113, 115 – 125 of Annex 1 to the Motion.

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

___________________

Richard May

Presiding

Dated this nineteenth day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]