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Omarska, Keraterm & Trnopolje Camps, Prosecutor v. Kvocka et al., Decision on Request for the Commander of the UNDU to Prepare and Submit a Report on the Charac Ter and Demeanour of Mr. Milojica Kos During His Period of Detention At the UNDU, IT-98-30/1 (ICTY TC, Mar. 14, 2001)

IN THE TRIAL CHAMBER

Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mr. Hans Holthuis

Decision of:
14 March 2001  

THE PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ŽIGIC
DRAGOLJUB PRCAC

__________________________________________________

DECISION ON REQUEST FOR THE COMMANDER OF THE UNDU TO PREPARE AND SUBMIT A REPORT ON THE CHARACTER AND DEMEANOUR OF MR. MILOJICA KOS DURING HIS PERIOD OF DETENTION AT THE UNDU

__________________________________________________

The Office of the Prosecutor:

Ms. Susan Somers
Mr. Kapila Waidyaratne
Mr. Daniel Saxon

Defence Counsel:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Slobodan Stojanovic for Zoran Žigic
Mr. Jovan Simic for Dragoljub Prcac

 

TRIAL CHAMBER I ("the 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 ("the Tribunal"),

NOTING the "Request for the Commander of the UNDU to Prepare and Submit a Report on the Character and Demeanour of Mr. Milojica Kos During his Period of Detention at the UNDU", filed by the accused Milojica Kos ("the accused Kos") on 14 February 2001;

NOTING the "Prosecution’s Response to Accused Kos’ ‘Request for the Commander of the UNDU to Prepare and Submit a Report on the Character and Demeanour of Mr. Milojica Kos During his Period of Detention at the UNDU’", filed on 27 February 2001 ("the Prosecution Response"), in which the Prosecution submits that it would be inappropriate for the Chamber to order or request Mr. McFadden, the Commander of the UN Detention Unit ("UNDU"), to submit the report requested, but that should such a report be admitted the Prosecution would wish to review the report and to present any objections to the Chamber, either orally or in writing;

NOTING the "Reply by Milojica Kos to the Prosecution’s Response to Accused Kos’ ‘Request for the Commander of the UNDU to Prepare and Submit a Report on the Character and Demeanour of Mr. Milojica Kos During his Period of Detention at the UNDU’, filed on 27 February 2001", filed on 6 March 2001 ("the Reply");

CONSIDERING that the report satisfies the provisions of Rule 89 (C), in that it is relevant to the character of the accused Kos and has probative value, and that it may therefore be admitted into evidence;

FOR THE AFOREMENTIONED REASONS,

ORDERS the defence of the accused Kos to file the Report immediately with the Registry;

ADMITS the Report, under an exhibit number to be allocated by the Registry and communicated to the parties;

ADVISES the Prosecution that they may address the Report in writing by 28 March 2001.

 

Done in English.

___________
Almiro Rodrigues
Presiding Judge

Dated this fourteenth day of March 2001,
At The Hague
The Netherlands.

[Seal of the Tribunal]

 

   

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