Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order of:
18 January 2006
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_____________________________________________________
CORRIGENDUM TO DECISION ON APPLICATION FOR A LIMITED RE-OPENING OF THE BOSNIA AND KOSOVO COMPONENTS OF THE PROSECUTION CASE
Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused
Mr. Slobodan Milosevic
Court Assigned Counsel
Mr. Steven Kay
Ms. Gillian Higgins
Amicus Curiae
Prof. Timothy McCormack
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 ("Tribunal"),
NOTING its "Decision on Application for a Limited Re-Opening of the Bosnia and Kosovo Components of the Prosecution Case", issued on 13 December 2005 ("Decision");
NOTING the "Prosecution’s Request for Certification of Appeal Under Rule 73(B)", filed on 20 December 2005 ("Request"), in which the Prosecution "notes an error on the face of the Trial Chamber’s Decision";1
CONSIDERING that certain typographical errors in the Decision should be corrected, and that such corrections will have no effect on the disposition in the Decision;
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal ("Rules"),
HEREBY ORDERS that the Decision be amended to read as follows, with amendments indicated by bold italics:
After considering the Prosecution’s submissions in relation to the first stage of the re-opening test, the Chamber therefore concludes that the reasonable diligence standard has been satisfied for only 22 documents and two proposed witness: items 13, 21, 37, 46, 47, 48, 49, 50, 51, 52, 57, 58, 61, 62, 63, 65, 66, 67, 68, 76, and 77, part of item 64, and proposed witnesses B-345 and TA-378.
The Trial Chamber must now exercise its general discretion under Rule 89(D) to grant or deny the Application with respect to the remaining items for which the Prosecution demonstrated that the reasonable diligence standard has been satisfied: items 13, 21, 37, 46, 47, 48, 49, 50, 51, 52, 57, 58, 61, 62, 63, 65, 66, 67,
and68, and 76, part of item 64, and proposed witnesses B-345 and TA-378. In exercising that discretion, which requires weighing the probative value of the evidence against the need to ensure a fair trial, the Trial Chamber is mindful that "it is only in exceptional circumstances where the justice of the case so demands" that a party should be permitted to re-open its case to present new evidence.
Done in English and French, the English text being authoritative.
__________________________
Judge Patrick Robinson
Presiding
Dated this eighteenth day of January 2006
At The Hague
The Netherlands
[Seal of the Tribunal]
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