Case No. IT-03-68-T
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser
Registrar:
Mr. Hans Holthuis
Order of:
3 February 2006
PROSECUTOR
v.
NASER ORIC
________________________________________
FURTHER PROPRIO MOTU ORDER TO CALL A HANDWRITING EXPERT
________________________________________
The Office of the Prosecutor:
Mr. Jan Wubben
Ms. Patricia Sellers Viseur
Mr. Gramsci di Fazio
Ms. JoAnne Richardson
Counsel for the Accused:
Ms. Vasvija Vidovic
Mr. John Jones
TRIAL CHAMBER II ("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"):
NOTING that Rule 98 of the Rules of Procedure and Evidence of the Tribunal ("Rules") allows the Trial Chamber to "proprio motu summon witnesses and order their attendance";
NOTING the "Proprio Motu Order to Call a Handwriting Expert" issued by the Trial Chamber on 25 January 2006 ("First Order"), in which the Trial Chamber instructed the Registry to appoint an independent handwriting expert ("Handwriting Expert") pursuant to the "Practice Direction on Engagement of Expert Consultants who Provide Reports and/or Testimony at the Request of Chambers"1 to conduct a forensic examination of the original documents ("Questioned Documents") of which Prosecution exhibits P3, P4, P13, P14, P37, P73, P74, P75, P158, P210 and P2692 are photocopies in order to determine the authenticity of the Questioned Documents and to resolve the disputes identified by the conflicting opinions of the Prosecution and the Defence Handwriting Experts3, and ordered that the Handwriting Expert shall be made available for a meeting with the Trial Chamber;
NOTING that Mr. Dorijan Kerzan was designated by the Registry as the Handwriting Expert and that he attended a meeting with the Trial Chamber on Thursday 1 February 20064 ("Meeting") in the course of which the Questioned Documents were consigned to the Handwriting Expert and the terms of reference were determined;
NOTING that, in addition to the Questioned Documents, the original document of which Prosecution exhibit P100 is a photocopy was consigned to the Handwriting Expert as a basis for comparison with the alleged signatures of Naser Oric ("Accused") appearing on the Questioned Documents ("Reference Signature Documents");
NOTING further that, before the Questioned Documents were consigned to him, the Handwriting Expert undertook, in written form, to examine the documents entirely by non-destructive and non-damaging means, to protect the physical integrity of the questioned documents and to ensure that they are returned as soon as the examination is completed to the Registry Representative in a condition suitable for further examination should it ever be required;
PURSUANT TO Rules 54 and 98 of the Rules;
HEREBY ORDERS that
Done in English and French, the English version being authoritative.
Dated this third day of January 2006,
At The Hague,
The Netherlands
_________________________
Carmel Agius
Presiding Judge
[Seal of the Tribunal]