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Keraterm Camp, Prosecutor v. Sikirica et al., Decision Granting Request for Admission of Documentary Evidence with Respect to Dusko Sikirica, IT-95-8 (ICTY TC, Sep. 22, 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:
22 September 2000

PROSECUTOR

v.

DUSKO SIKIRICA
DAMIR DOSEN
DRAGAN KOLUNDŽIJA

___________________________________________________________

DECISION GRANTING REQUEST FOR ADMISSION
OF DOCUMENTARY EVIDENCE
WITH RESPECT TO DUSKO SIKIRICA

____________________________________________________________

The Office of the Prosecutor:

Mr. Dirk Ryneveld
Mr. Daryl Mundis
Ms. Julia Baly

Counsel for the Accused:

Mr. Veselin Londrovic, for Dusko Sikirica
Mr. Vladimir Petrovic, for Damir Dosen
Mr. Dušan Vucicevic, for Dragan Kolundžija

 

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 with Respect to Dusko Sikirica" ("the Motion"), filed by the Office of the Prosecutor ("Prosecution") on 7 August 2000, seeking admission into evidence of certain documents set out therein, and filed pursuant to the Decision Granting Request for Admission of Documentary Evidence issued by the Trial Chamber in respect of the accused Dragan Kolundzija and Damir Dosen on 1 August 2000,

NOTING the "Defense Response to Prosecution’s Motion for Judicial Notice of Adjudicated Facts and Admission of Documents" filed by counsel for the accused, Dusko Sikirica, on 4 September 2000, in which the defendant challenged the authenticity, reliability, relevance and probative value of the documents,

HAVING HEARD the oral arguments of the parties at a hearing on 14 September 2000,

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:

  1. the documents listed in Annex One to the Motion and the Addendum thereto shall be admitted for the purposes of the trial of Dusko Sikirica;
  2. counsel for the accused Dusko Sikirica is at liberty to challenge the authenticity of any of the documents during the trial;
  3. the Prosecution shall deal with any issues raised as to the authenticity of the documents so admitted by way of rebuttal.

 

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

_________________________
Richard May
Presiding

Dated this twenty-second day of September 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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