Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision:
06 February 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________
DECISION ON PROSECUTION MOTION FOR ADMISSION OF STATEMENT PURSUANT TO RULE 92BIS(A) FOR WITNESS AMOR MASOVIC
_________________________________
Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome
Amici Curiae:
Mr. Steven Kay
Mr. Branislav Tapuskovic
Prof. Timothy McCormack
The Accused:
Mr. Slobodan Milosevic
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 confidential "Prosecution Motion for a Ruling on the Admission of the Written Statement of Witness B-1076 Under Rule 92 bis (A)", filed by the Office of the Prosecutor ("Prosecution") on 28 January 2004 ("Motion"), requesting the Trial Chamber to make a provisional ruling under Rules 54 and 92bis(A) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") (pending receipt of a duly-signed declaration under Rule 92bis(B) of the Rules) that the written statement; the written report; and twelve annexes (collectively "statement") of Witness Amor Masovic1 ("witness") shall be admitted into evidence without cross-examination,
CONSIDERING the following representations and arguments set forth in the Motion:
NOTING that the statement, which the Prosecution seeks to have admitted into evidence, contains references to the JNA,2
NOTING the "Amici Curiae Reply to Confidential Prosecution Motion for a Ruling on the Admission of the Written Statement of Witness B-1706 [sic] Under Rule 92 bis(A) Dated 28 January 2004", filed 03 February 2004 ("Response"),
CONSIDERING the arguments set forth in the Response, including the following:
NOTING that the witness is an unprotected witness and the statement is not confidential, except for annexes F, H, and L,3
NOTING that Rule 92bis(A) and (E) of the Rules provides that the Trial Chamber (1) may admit, in whole or in part, the evidence of a witness in the form of a written statement in lieu of oral testimony that goes to proof of a matter other than the acts and conduct of the Accused as charged in the indictment and (2) shall decide whether to require the witness to appear for cross-examination,
CONSIDERING that the information in the statement does not go to proof of the acts and conduct of the Accused and is therefore admissible under Rule 92bis(A) of the Rules,
CONSIDERING HOWEVER that it is appropriate for the witness to appear for cross-examination,
NOTING Articles 20 and 21 of the Statute of the International Tribunal,
CONSIDERING the Accused’s general opposition to the admission of Rule 92bis evidence,
PURSUANT to Rules 54 and 92bis(A) and (E) of the Rules,
HEREBY ORDERS as follows:
HEREBY REQUESTS the Registry of the International Tribunal to change the status of the Motion from confidential to public, except for annexes F, H, and L, which shall remain confidential.
Done in both English and French, the English text being authoritative.
____________
Patrick Robinson
Judge
Dated this sixth day of February 2004
At The Hague
The Netherlands
[Seal of the Tribunal]
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