Case No. IT-95-11-T
Before:
Judge Bakone Justice Moloto
Judge Janet Nosworthy
Judge Frank Höpfel
Registrar:
Mr. Hans Holthuis
Decision of:
16 January 2006
PROSECUTOR
v.
MILAN MARTIC
_____________________________________
DECISION ON PROSECUTION’S MOTIONS FOR THE ADMISSION OF WRITTEN EVIDENCE PURSUANT TO RULE 92 BIS OF THE RULES
_____________________________________
The Office of the Prosecutor:
Mr. Alex Whiting
Mr. Colin Black
Ms. Nisha Valabhji
Counsel for the Accused:
Mr. Predrag Milovancevic
(a) 122 written statements3 with associated documents and without cross-examination,
(b) 74 transcripts of testimony given by witnesses in previous proceedings5 before the Tribunal, with associated documents.
(a) that the accused committed (that is, personally physically perpetrated) any of the crimes charged himself or herself, or
(b) that he planned, instigated or ordered the crimes charged, or
(c) that he otherwise aided and abetted those who actually did commit the crimes in their planning, preparation or execution of those crimes, or
(d) that he was a superior to those who actually did commit the crimes, or
(e) that he knew or had reason to know that those crimes were about to be or had been committed by his subordinates, or that he failed to take reasonable steps to prevent such acts or to punish those who carried out those acts. 10
(a) that he had participated in that joint criminal enterprise, or
(b) that he shared with the person who actually did commit the crimes charged the requisite intent for those crimes.12
PURSUANT TO Rule 92 bis (A) of the Rules
ADMITS into evidence the written statements and their associated documents of Witnesses MM-019, MM-020, MM-023, MM-024, MM-031, MM-032, MM-033, MM-034, and MM-039;
ADMITS into evidence, in redacted form as specified above, the written statements and their associated documents of Witnesses MM-025, MM-047 and MM-048;
ORDERS that Witnesses MM-023, MM-025, MM-031, MM-032 appear for cross-examination on matters concerning “Martic Police” or policemen and other SAO Krajina forces, and MM-048 appear for cross-examination on the matter of the special unit referred to as the “Red Berets”.
PURSUANT TO Rule 92 bis (C) of the Rules,
ADMITS into evidence the written statement made by the deceased witness Bosko Brkic, and
PURSUANT TO Rule 92 bis (D),
ADMITS into evidence the transcripts of the previous testimony of Witnesses MM-04, MM-035 and MM-037 and therewith associated documents,
ADMITS into evidence, in redacted form as specified above, the transcripts of the previous testimony, and therewith associated documents, of Witnesses MM-06, MM-07, MM-08 and MM-044; and
ORDERS that Witness MM-06, appear for cross-examination on matters going to the existence of a joint criminal enterprise in which the Accused allegedly participated, to the alleged goal of the joint criminal enterprise, and to the effective control the Accused allegedly had over units committing crimes; that Witness MM-07 appear for cross-examination on matters concerning the Arkan’s Tigers, the alleged effective control of the Accused over units committing crimes, and a “policy” in “the area of responsibility in the Kordun area” “to get as many Croats as possible out of the territory”; that Witness MM08 appear for cross-examination on matters concerning the existence of a joint criminal enterprise in which the Accused allegedly participated, to the relationship of the Accused with other members of this alleged joint criminal enterprise, and to the “Red Berets”; that Witness MM-037 and Witness MM-044 appear for cross-examination on matters concerning “Martic’s Police”.
Done in English and French, the English version being authoritative,
______________
Judge Bakone Justice Moloto
Presiding
Dated this sixteenth day of January 2006
At The Hague
The Netherlands
[Seal of the Tribunal]
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