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Prijedor, Prosecutor v. Kovacevic, Order on Prosecution Request for Judicial Notice, IT-97-24 (ICTY TC, May. 12, 1998)

IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Antonio Cassese

Judge Florence Ndepele Mwachande Mumba

Registrar: Dorothee de Sampayo Garrido-Nijgh

Order of: 12 May 1998

PROSECUTOR

v.

MILAN KOVACEVIC

_______________________________________________________________

ORDER ON PROSECUTION REQUEST FOR JUDICIAL NOTICE

_______________________________________________________________

Office of the Prosecutor:

Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

 

THE TRIAL CHAMBER

NOTING the Prosecutor’s Request For Judicial Notice filed by the Office of the Prosecutor ("Prosecution") on 20 April 1998 ("Request for Judicial Notice") and the Defence Reply thereto filed on 5 May 1998,

NOTING that the Defence agrees to the admission by judicial notice of the facts set out in points 1 and 2 of the Request for Judicial Notice but that it contests the admission by judicial notice of the facts set out in points 3 to 7 of the Request for Judicial Notice,

NOTING that the Prosecution has undertaken to produce to the Defence documentary evidence of the facts set out in points 6 and 7 of the Request for Judicial Notice,

HAVING HEARD the arguments of the parties on 11 May 1998 and having ruled on the Motion at that time, reserving its written decision to a later date,

CONSIDERING that Rule 94 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides that a Trial Chamber shall not require proof of facts of common knowledge but shall take judicial notice thereof,

CONSIDERING FURTHER that the facts set out in points 1 to 7 of the Request for Judicial Notice are facts of common knowledge of which the Trial Chamber may properly take judicial notice,

PURSUANT TO Rule 94

HEREBY GRANTS THE REQUEST FOR JUDICIAL NOTICE and

  1. ADMITS the facts set out in points 1 to 5 of the Request for Judicial Notice by way of judicial notice without need for further proof; and
  2. ADMITS the facts set out in points 6 and 7 of the Request for Judicial Notice SUBJECT TO the production by the Prosecution of the documentary evidence of the facts set out in points 6 and 7 of the Request for Judicial Notice.

The Defence shall be at liberty to apply to the Trial Chamber for further ruling after production of such documentary evidence.

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

__________________________

Richard May

Presiding Judge

Dated this twelfth day of May 1998

At The Hague

The Netherlands

[Seal of the Tribunal]

   

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