Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Bosanski Samac, Prosecutor v. Simic et al., Decision on Defence Request for Trial Chamber to Take Judicial Notice, IT-95-9 (ICTY TC, Jul. 07, 2000)
IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
7 July 2000

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
STEVAN TODOROVIC
SIMO ZARIC

______________________________________________

DECISION ON DEFENCE REQUEST FOR
TRIAL CHAMBER TO TAKE JUDICIAL NOTICE

______________________________________________

The Office of the Prosecutor:

Ms. Nancy Paterson
Ms. Suzanne Hayden

Counsel for the accused:

Mr. Slobodan Zecevic, for Milan Simic
Mr. Igor Pantelic and Mr. Novak Lukic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic and Mr. Aleksander Lazarevic, for Simo Zaric

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 a "Motion for Judicial Assistance" filed on behalf of the accused, Stevan Todorovic, on 24 November 1999 ("the Motion"), on which a hearing has been scheduled for Tuesday 25 July 2000,

BEING SEISED also of a "Defence Request that the Trial Chamber take Judicial Notice" filed on behalf of the accused, Stevan Todorovic, on 20 June 2000 ("the Request"), in which counsel for the accused, Stevan Todorovic, asks the Trial Chamber to take judicial notice of the position taken by the Prosecution on the issue of cooperation by "member states making up organizations such as NATO and SFOR", as reflected in a Weekly Press Briefing issued by the International Tribunal on 14 June 2000,

NOTING that the time-period for the Office of the Prosecutor ("Prosecution") to respond has now elapsed and no reply to the Request has been filed by the Prosecution,

NOTING that Rule 94 (A) 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",

NOTING that Rule 94 (B) of the Rules permits a Trial Chamber, after hearing the parties, "to take judicial notice of adjudicated facts of documentary evidence from other proceedings of the Tribunal relating to matters at issue in the current proceedings",

CONSIDERING that the material referred to in the Request does not meet the requirements of either Rule 94 (A) or Rule 94 (B),

CONSIDERING that it remains open to the Todorovic defence to present the material referred to in the Request as part of its submissions in the hearing on the Motion,

PURSUANT to Rule 94 of the Rules,

HEREBY DENIES the Request.

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

_______________________________
Patrick Robinson
Presiding Judge

Dated this seventh day of July 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

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