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

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Keraterm Camp, Prosecutor v. Sikirica et al., Decision Granting Request for Admission of Documentary Evidence, IT-95-8 (ICTY TC, Aug. 01, 2000)
IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
1 August 2000

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDZIJA

___________________________________________________________

DECISION GRANTING REQUEST FOR ADMISSION
OF DOCUMENTARY EVIDENCE

____________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Dirk Ryneveld
Mr. Daryl Mundis

Counsel for the Accused:

Mr. Veselin Londrovic, for Dusko Sikirica
Mr.Vladimir Petrovic, for Damir Dosen
Mr. Dusan Vucicevic, for Dragan Kolundzija

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 "Prosecution’s Motion for Admission of Documentary Evidence" ("the Motion"), filed by the Office of the Prosecutor ("Prosecution") on 5 April 2000, seeking admission into evidence of certain documents set out in Annex One to the Motion,

NOTING the "Defense Response in Oposition SsicC to the Prosecution’s Motion for Admission of Documents" filed by counsel for the accused, Dragan Kolundzija, on 17 May 2000 and the "Defence Response to Prosecution’s Motion for Judicial Notice of Adjudicated Facts and Admission of Documentary Evidence" filed by counsel for the accused, Damir Dosen, on 26 May 2000, in which the defendants each challenge the authenticity, reliability, relevance and probative value of the documents,

HAVING HEARD the oral arguments of the parties other than the defence for the accused, Dusko Sikirica, at a hearing on 23 June 2000,

NOTING that the third accused, Dusko Sikirica, made his initial appearance on 7 July 2000,

NOTING that counsel for the accused, Dusko Sikirica, has not yet been served with the Motion nor had opportunity to respond to it,

CONSIDERING that the issues of reliability, relevance and probative value are matters for the Trial Chamber to determine during the trial,

PURSUANT TO Rules 54 and 73 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY GRANTS THE MOTION AND ORDERS AS FOLLOWS:

the documents listed in Annex One to the Motion shall be admitted for the purposes of the trial of Damir Dosen and Dragan Kolundzija;
counsel for the accused Damir Dosen and Dragan Kolundzija are each at liberty to challenge the authenticity of any of the documents during the trial;
the Prosecution shall deal with any issues raised as to the authenticity of the documents so admitted by way of rebuttal;
the Prosecution shall have until Tuesday 15 August 2000 in which to serve a similar motion for admission of documentary evidence on counsel for the accused, Dusko Sikirica, indicating which, if any, documents relied upon have not already been admitted in respect of the other two accused;
counsel for the accused, Dusko Sikirica, shall have until Tuesday 5 September 2000 to respond to such motion.

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

Richard May
Presiding

Dated this first day of August 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

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