Galic, Prosecutor v. Galic, Decision on Admission of Documents Tendered During the Testimony of Radoslav Radinovic, Dusan Dunjic and Svetlana Radovanovic and on "Motion Regarding Document of 14.05.1992", IT-98-29 (ICTY TC, Apr. 11, 2003)

Case: IT-98-29-T

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Rafael Nieto-Navia

Registrar:
Mr. Hans Holthuis

Decision of:
11 April 2003

THE PROSECUTOR
v.
STANISLAV GALIC

__________________________________________

DECISION ON ADMISSION OF DOCUMENTS TENDERED DURING THE TESTIMONY OF RADOSLAV RADINOVIC, DUSAN DUNJIC AND SVETLANA RADOVANOVIC AND ON “MOTION REGARDING DOCUMENT OF 14.05.1992”

__________________________________________

The Office of the Prosecutor:

Mr. Mark Ierace

Defence Counsel:

Ms. Mara Pilipovic
Mr. Stéphane Piletta-Zanin

Pending before Trial Chamber I, Section B (“the 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 (“the International Tribunal”) is the admission of documents tendered in court during the testimony of the Defence expert witnesses Radoslav Radinovic (“Radinovic”), Dusan Dunjic (“Dunjic”), Svetlana Radovanovic (“Radovanovic”) and the Defence “Motion Regarding Document of 14.05.1992”.
THE TRIAL CHAMBER, HAVING CONSIDERED the written and oral submissions of the parties,
HEREBY ISSUES ITS DECISION.
I. Radinovic’s exhibits and documents
(1) Procedural background
On 21 November 2002, the Defence filed the statement of Radinovic (“Radinovic’s Statement”) and attached documents, which together constitute the report of Radinovic (“the Report”). On 17 December 2002, the Prosecution filed its “Submissions Concerning the Expert Statements Filed by the Defence” (“the Prosecution Submission”), whereby it requested access to notes referred to in the Report.
On 27 January 2003, the Trial Chamber rendered its “Decision on the Expert Witness Statements Submitted by the Defence” whereby, inter alia, it admitted the Report and requested that the Defence “make available to the Prosecution those sources referred to in Radinovic’s Statement that it [the Prosecution] would ask for, including the notes referred to in Radinovic’s Statement, at least ten days before the expert witness comes to testify”.
On 3 February 2003, the Prosecution filed a “Submission Concerning Decision on the Defence Expert Witness Statement” whereby it specified the documents it sought access to, pursuant to the Decision of the Trial Chamber. On 5 February 2003, the Prosecution filed confidentially the “Motion for Reconsideration of the Admission of the Expert Report of Prof. Radinovic”. On 21 February 2003, the Trial Chamber denied that Motion,¹ and heard the testimony of Radinovic on 6, 7, 10, 11, 12 and 13 March 2003.
Throughout this testimony, the Prosecution raised objections related to the lack of reliability of the Report. The Prosecution submitted, in particular, that Radinovic, in cross-examination, made clear that he had no recollection or no notes in relation to many of the matters which appeared in the Report.²
On 18 March 2003, the Prosecution referred to a document it had prepared in support of its oral arguments in relation to the paragraphs of the Report with respect to which it found no references or which cited material not in evidence. The Prosecution further summarised in that document its position in relation to the documents tendered by the Defence during the testimony of Radinovic and which favour the Defence case .³ In that respect, the Prosecution emphasised that (a) it has no objection against the documents tendered from the Bar Table,⁴ but objected on the grounds of authenticity as to (b) the exhibits attached to Radinovic’s Statement, (c) the documents not attached to the Report but shown to Radinovic, and (d) one-third of the documents related to the production of D1913 “the target map”.⁵ The Prosecution also requested that the documents attached to the Report but neither cited in the Report nor shown to Radinovic be withdrawn.⁶
On 21 March 2003, the Defence responded to these objections in the “Defence’s Submission in Relation to Prosecution Document from 18 March 2003”. The Defence argued thereby that Radinovic either “clearly indicated, in text or in footnotes of his statement, sources which he used for creation of his opinion in relation to each paragraph”,⁷ or when he was not in a position to do so, “gave, at the end of his expertise, the list of used literature, or other sources of his knowledge, and the Prosecution has had the opportunity to check every source on which Professor Radinovic relied”.⁸ The Defence submitted further that in any case, an expert is not obliged to rely only on sources admitted into evidence.⁹ Lastly, the Defence emphasised that the Prosecution, during the presentation of its case, had not proven the authenticity of the ABiH and SRK documents which it used,¹⁰ and was further in a position to cross-examine Radinovic to test the reliability of his evidence.¹¹
On 25 March 2003, the Prosecution filed the “Prosecution Response to the Tender of the Expert Report of Prof. Radinovic and Documents Associated Therewith”, whereby it made arguments in relation to the admissibility of the Report and attached the document submitted by it in court on 18 March 2003.¹² On 27 March 2003, the Defence filed the “Defence’s Reply to Prosecution Response to the Tender of the Expert Report of Prof. Radinovic and Documents Associated Therewith ”. It noted, mainly, that the Prosecution was again making arguments in relation to the admissibility of the Report, which had been already admitted into evidence .¹³

(2) Discussion
(a) the documents tendered from the bar table
The Prosecution has no objection in relation to the documents numbered from D1890 through D1910 tendered by the Defence from the bar table.
The Trial Chamber admits them.

(b) Radinovic’s Report
The Prosecution objected to the admissibility of the Report on the grounds that “the substantial lack of transparency throughout large segments of the Radinovic statement should go to the issue of admissibility, rather than weight. This is the case because if major portions of the Radinovic statement are to be given limited weight or no weight, then the Prosecution submits that it is inappropriate to admit it”.¹⁴ In addition, the Prosecution submitted that there are documents attached to Radinovic’s Statement which were not shown to Radinovic nor referred to in Radinovic’s statement and which should be withdrawn from the record. The Defence responded that it was precluded from examining Radinovic on these documents because of time constraints.
The Trial Chamber notes that Radinovic explained that he did not attach all documents that he used to write his Report nor did he make a systematic reference to those documents in his Statement. Furthermore, the Prosecution was in a position to cross-examine Radinovic on these documents. As noted by the Defence, the Trial Chamber has already admitted into evidence the Report by decision dated 27 January 2003¹⁵ and has rejected the Prosecution’s request for reconsideration of that decision on 21 February 2003. In that latter decision, the Trial Chamber repeated that an expert witness is expected to give his or her expert opinion in full transparency of the established or assumed facts he or she relies upon,¹⁶ but that “it is for the Trial Chamber [...] to determine whether the factual basis for an expert opinion is truthful” and “[t]hat determination is made in the light of all the evidence given”.¹⁷
The Trial Chamber denied the Prosecution’s request for reconsideration on the basis that “[t]he Defence’s partial compliance with the Decision does not justify that the Report be rejected in its entirety” but emphasised that “[u]nder these circumstances, however, the Defence should expect the Trial Chamber to give limited weight, if any, to those parts of the Report and testimony for which the sources relied upon are unclear or where the Prosecution had no opportunity to test or challenge the witnesses who provided the information”.¹⁸
In certain aspects, Radinovic’s Statement does not reach the required level of transparency concerning the used methodology and facts. However, in other aspects the Report provides the analysis of a military expert on events and circumstances for which a sufficient basis is found in the evidence presented in the case. For example, Radinovic relies in his Statement on the existence of “large inhabited places abundant in high rise buildings built of solid material” without giving the source of that fact.¹⁹ The Trial Chamber may have heard sufficient evidence to enable it to assess whether that fact can be reasonably accepted. It is for that reason that the Trial Chamber emphasises again that the shortcomings of the Report are not a reason for not admitting it in its entirety. It would be unnecessary and cumbersome to expressly exclude from the record each and every parts of Radinovic’s Statement in which a fact which is not properly sourced appears.
The Trial Chamber will thus not reconsider again the issue of the admission of the Report but will take into consideration, when determining the weight to be given to the Report, the concerns raised by the Prosecution and expressed again during the cross-examination of Radinovic.

(c) documents not attached to the Report but shown to Radinovic
The Prosecution objected, on the grounds of authenticity, to the admission of eight documents not attached to the Report and tendered in court.²⁰ It has not made any specific argument concerning the authenticity of the documents in its written submissions, except that the origin of these documents is in doubt . The Prosecution further submitted that it considered non-authentic those documents that assisted the Defence case but authentic those documents that did not contradict the Prosecution case.²¹ The Trial Chamber notes that the Prosecution, during the cross-examination of Radinovic, sought to demonstrate that Radinovic could not determine the origin of the documents upon which he relied and which were shown to him in court. Radinovic, in general terms , testified that the documents appeared authentic to him. The Trial Chamber notes that Radinovic had apparently accepted these documents as authentic on the basis of their format - well known to him – which was in conformity to the format of Former Yugoslavia armed forces documents as well as on the basis of their content which appeared not illogical to him. Not to admit a document on the ground that its authenticity is insufficiently established would be justified if circumstances would require verification, e.g. on the basis of the appearance of the document,²² or of its content or of the pivotal role it plays in the determination of the case . The Trial Chamber finds that the indicia of authenticity do not fall below a level that would oppose against their admission.
Without prejudice to the weight to be given to these documents, the Trial Chamber admits them.

(d) D1913
The Prosecution objected to the admission of the document numbered D1913, the “Target Map”, on the grounds that the authenticity of more than one third of the sources used in creating that Target Map is in doubt (nine documents).²³ It thus also objected to the admission of these nine documents. It further submitted that the document numbered D1888 and also used as a source for D1913 had no translation, so that its content could not be determined.
The Trial Chamber notes that the Prosecution has had the opportunity to challenge Radinovic on the authenticity of these documents. The Trial Chamber finds that the indicia of authenticity do not fall below a level that would oppose against their admission. In relation to D1888, the Trial Chamber notes that indeed no translation of that document has been provided.
Without prejudice to the weight to be given to these documents, the Trial Chamber admits D1913 as well as the documents²⁴ used in creating that document, with the exception of D1888, which has no translation .
Among the documents the Defence has tendered through Radinovic, are also documents that were attached to Radinovic’s Statement and thus already admitted into evidence . Although there was no need to tender these documents again, and in doing so the Defence created confusion, these documents have now each been assigned an exhibit number. For practical reasons,²⁵ the Trial Chamber has included those documents under their D exhibit number in the list of documents attached to this decision (“Annex 1”). Therefore, Annex 1 does not exclusively contain documents that have been introduced through Radinovic and admitted into evidence but also some documents already admitted but now known under a specific exhibit number.

II. Outstanding documents tendered through Dunjic
The Defence tendered parts of medical literature,²⁶ examples of medical reports and a series of sketches drawn by Dunjic under the exhibit number D1930A. On 18 March 2003, the Prosecution called the attention of the Trial Chamber to the fact that the book excerpts and the medical documentation were submitted in B/C/S without providing a translation in an official language of the Tribunal .²⁷ The Defence then indicated that it would submit an English translation thereof by Friday 21 March. On that day, the Prosecution objected to the portion of D1930A that contains the English translations of the medical documentation, on the ground that these documents were spontaneously produced in court and that translations were not available at the time the Prosecution cross-examined the witness.²⁸
The Trial Chamber considers that the documents concerned served primarily to illustrate the testimony of Dunjic in general and not in reference to any specific incident charged in the indictment, by providing a sample of what would be an acceptable medical report and what information the visual inspection of bullet wounds could provide. The unavailability to the Prosecution of the translated text accompanying the pictures of the medical literature did not substantially affect its ability to effectively examine Dunjic.
The Trial Chamber admits the bundle in its entirety.
III. Motion regarding document of 14.05.1992
On 21 February 2003, the Defence submitted a “Motion regarding document of 14.05.1992” (“Defence Motion”), whereby it requested the Trial Chamber to reconsider its admission of a document included in the annexes to the report of the Prosecution expert witness Robert Donia (“Donia”)²⁹ on the grounds that the authenticity of the document is doubtful.³⁰ The document whose title is “Meeting with presidents of municipalities in the zone of responsibility of the Division [1st Partizan Brigade]” is related to a meeting held on 12 May 1992 where General Galic is listed as being present (the “Donia Minute ”).
The expert witness Jelena Guskova (“Guskova”) was questioned by the Prosecution on a document which seemed to have the same content as the Donia Minute,³¹ but had a different ERN number and a stamp marking (the “Guskova Minute”).³² The Guskova Minute was not tendered as an exhibit. The Prosecution explained in court that the fact that both documents have different ERN numbers indicates that they come from different sources.³³ After hearing the parties, the Trial Chamber concluded that the stamp appearing on the Guskova Minute was put for storage in a research institution and that it did not shed new light on the authenticity of the Donia Minute.³⁴
The Trial Chamber cannot discern any new argument in the Motion, which would cause it to reconsider its decision.
Furthermore, on 11 March 2003, the Prosecution put questions to Radinovic in relation to the Donia Minute.³⁵ Radinovic had referred to the Minute in his Report.³⁶ The Defence then pointed at the discrepancy between the Donia Minute and the English translation attached to it. Subsequently, a corrected English translation was presented by the Prosecution.³⁷ The Defence agreed on that corrected version and made no further argument in relation to the authenticity of the Donia Minute. The Trial Chamber admits the corrected translation under exhibit number C14.
For all these reasons, and taking note that a corrected translation was shown by the Prosecution to the Defence, the Trial Chamber rejects the Defence Motion.

IV. Outstanding documents tendered through Radovanovic
The Prosecution objected to the admission of two bundles of documents tendered by the Defence (D1927 and D1928, each of whose pages were later numbered sequentially and marked D1927a and D1928a, respectively) on the grounds that they “contain various different documents from different sources [...] which are not necessarily related , apart from the fact that they deal with issues in Sarajevo”. The Prosecution added that Radovanovic was questioned on the content of some pages of the document but without putting the questions in the context of the full document.³⁸ The Defence replied that the documents had been placed before the court in the manner in which they had been received (with ERN numbers) from the Prosecution. It submitted that there could be no question as to their authenticity.³⁹
Both the Defence and Radovanovic were repeatedly⁴⁰ asked to clarify the nature and origin of the documents marked D1927 and D1928 of which major parts have not been translated into English.⁴¹ The Defence stated that it did not know who the author or compiler of D1928 was, or how the document was developed, “because this document comes from the Prosecution and only they can give us an answer”.⁴² Radovanovic also did not know who had made D1928, although she could tell that part of it seemed to have been compiled from records concerning individual persons and that it was “official” because it bore a stamp.⁴³ As to page numbered ERN 00982901, part of the bundle of papers marked D1927, Radovanovic, having read the stamp, said it was from official records of the Institute for Emergency Aid in Sarajevo and proceeded to describe the individual records, though she had not seen the document before.⁴⁴ The Prosecution commented that the “document [D1928] and some others in the batch [... w]e received from authorities in Sarajevo, not all of them official, a variety of documents, some of which for a variety of reasons are determined to be reliable ”.⁴⁵
The documents Radovanovic used to illustrate her criticisms that the Prosecution expert witness Ewa Tabeau failed to fully explore the available sources are relevant to understand and evaluate these criticisms contained in the report and the testimony of Radovanovic. The fact that Radovanovic was not acquainted with the origin of the documents does not prevent the Trial Chamber from admitting them.
The Trial Chamber hereby admits the first 34 pages of the bundle of documents marked D1928. These pages will have exhibit number D1928. The Trial Chamber also admits the two covering pages not part of the original bundle which were submitted as a separate exhibit with number P3782 and translated by the booth.⁴⁶ From the bundle of papers marked D1927 the Trial Chamber admits pages numbered ERN 00982900 and ERN 00982901, which were partially translated by the booth.⁴⁷ These bear exhibit number D1927. Page ERN 00985639 was provided in translation as D1927.1A⁴⁸ and is admitted under that number.

FOR THE FOREGOING REASONS

PURSUANT TO Rules 54 and 89 of the Rules of Procedure and Evidence,

HEREBY DECIDES that:

(1) all documents tendered through Radinovic, with the exception of D1888, are admitted into evidence; a list of the documents admitted is attached to this decision;

(2) the bundle of documents tendered through Dunjic, which bears the exhibit number D1930A is admitted;

(3) the Defence “Motion regarding document of 14.05.1992” is rejected; the corrected English translation of the Donia Minute is admitted under exhibit number C14;

(4) the following documents tendered through Radovanovic, and to the extent of the explanations provided above, are admitted:

D1928
P3782
D1927
D1927.1A

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

__________________________
Alphons Orie, Presiding Judge

Dated this 11th Day of April 2003
At The Hague
The Netherlands

[Seal of the Tribunal]

ANNEX 1

Date Tendered	Number	Witness	Description of the exhibit
10.03.03	D244/.1	Radovan Radinovic	Order from Commander QH of Supreme Command of Armed Forcers RbiH Rasim Delic dated 14 July 1993 / Engish translation
10.03.03	D1912	Radovan Radinovic	Map – Borbeni Raspored 102.mtbr
10.03.03	D1926/.1	Radovan Radinovic	Minutes of the 16^th session of the Assembly of the Serbian People in Bosnia and Herzegovina held on 12 May 1992 in Banja Luka / English translation
10.03.03	D276/.1	Radovan Radinovic	Order from Commander Ismet Hazdic 5 Motorized Brigade dated 02.08.1993 / English translation
10.03.03	D1880/.1	Radovan Radinovic	Daily Report for SRK Command by Commander Colonel Valdimir Radojcic date 31 January 1994 / English translation
10.03.03	D1881/.1	Radovan Radinovic	Regular combat report for SRK Command by Chief of Stuff Major Dusan Savcic dated 19 July 1992 / English translation
10.03.03	D272/.1	Radovan Radinovic	Order for battle by Chief of Stuff Amir Corbo 102 Motorized Brigade dated 22 July 1993 / English translation
10.03.03	D271/.1	Radovan Radinovic	Formation and usage of squad of anti-aircraft machine gun 12.7mm Order for Commander of Light artillery rocket battalion of Anti-aircraft defence by Commander Esad Paldum 3 Motorized Brigade dated 26.02.1993 / English translation
10.03.03	D1882/.1	Radovan Radinovic	Regular combat report to SRK Command by Commander Colonel Dragomir Milosevic dated 13.07.1992 / English translation
10.03.03	D1883/.1	Radovan Radinovic	Combat report submit to Command of the 4^th Corps. By Commander Col. Dragomir Milosevic / English translation
10.03.03	D1884/.1	Radovan Radinovic	Combat report for 4 Corps. Command by Commander Colonel Dragomir Milosevic dated 16 June 1992 / English translation
10.03.03	D1885/.1	Radovan Radinovic	Order for attack by Commander Safet Zajko military unit 5054 Sarajevo dated 21 May 1993 / English translation
10.03.03	D222/.1	Radovan Radinovic	Letter from Command of 102 Motorized Brigade dated 10.09.1993 / English translation
10.03.03	D277/.1	Radovan Radinovic	Letter dated 04 August 1993 by Chief of connection Dzemo Borovina and Chief of Staff Nedzad Ajnadzic / English translation
10.03.03	D240/.1	Radovan Radinovic	Letter dated 03 September 1992 Disposition of units by Commander Colonel Dragomir Milosevic / English translation
10.03.03	D235/.1	Radovan Radinovic	Order for the defence dated 25.10.1993 by Commander Vahid Karavelic / English translation
10.03.03	D278/.1	Radovan Radinovic	Order for defence dated 01.02.1994 by Commander Esad Paldum 101 Motorized Brigade / English translation
10.03.03	D1886/.1	Radovan Radinovic	Letter dated 23.06 1993 by Commander lieutenant colonel Veljko Stojanovic / English translation
10.03.03	D283/.1	Radovan Radinovic	Order for connection no. 3 by commander Enver Sevic 1 Mechanized brigade dated 27.01.1993 / English translation
10.03.03	D275/.1	Radovan Radinovic	Order for usage of artillery in the defence Section: 1:5000, wider are of Stup dated 01.02.1994 by Chief of staff Hajrudin Grabovica 102 Motorized Brigade / English translation
10.03.03	D1887/.1	Radovan Radinovic	Operative no. 15/93 Command for performing an operation Section: 1:500.000 (Sarajevo 1, 2, 3, 4, Gorazde 1, 2, 3, 4, Vares 3, 4, Kladanj 3, 4) dated 16 December 1993 by Commander Brigadier General Stanislav Galic
10.03.03	D233/.1	Radovan Radinovic	Order for connection Section: 1:50000, broader Stup area by Chief of Staff Hajrudin Grabovica 102 Morotized Brigade / English translation
10.03.03	D300/.1	Radovan Radinovic	Monthly report for 1 Corps Command dated 21.11.1993 / English translation
10.03.03	D273/.1	Radovan Radinovic	Order dated 26 August 1994 by Commander Major Esad Paldum Command of 102 Motorized Brigade / English translation
10.03.03	D1889	Radovan Radinovic	Letter dated 27.07.1994 by Mustafa Dzebo / English translation of one paragraph
10.03.03	D236/.1	Radovan Radinovic	Disposition of enemy forces for SRK Command dated 01 October 1992 by Chief of Staff Major Dusan Savcic / English translation
10.03.03	D1913	Radovan Radinovic	Map Pregled Vojnih Ciljeva BCS
10.03.03	D1913.A	Radovan Radinovic	French translation of legend on exhibit D1913
10.03.03	D1915	Radovan Radinovic	List of above listed documents
10.03.03	D258/.1	Radovan Radinovic	Letter dated 22.05.1993 Command of SRK Commander Brigadier General Stanislav Galic
10.03.03	D193/.1	Radovan Radinovic	Letter SRK Command dated 14 June 1992 from Commander Colonel Tomislav Sipcic
10.03.03	D238/.1	Radovan Radinovic	Order SRK Command dated 23 June 1992 from Commander Colonel Tomislav Sipcic
10.03.03	D265/.1	Radovan Radinovic	Order Command of SRK dated 12.04.1993 by Commander Brigadier General Stanislav Galic
10.03.03	D264/.1	Radovan Radinovic	Oder SRK Command dated 22.10.1992 by Commander Colonel Stanislav Galic
10.03.03	D1858/.1	Radovan Radinovic	SRK Command order dated22.09.1992 by Commander Colonel Stanislav Galic
10.03.03	D1857/.1	Radovan Radinovic	SRK Command order dated 22 September 1992 by Colonel Stanislav Galic
10.03.03	D1854/.1	Radovan Radinovic	SRK Command order dated 16 September 1992
10.03.03	D210/.1	Radovan Radinovic	Letter SRK Command dated 10.03.1993 by General Major Stanislav Galic
10.03.03	D214/.1	Radovan Radinovic	Letter SRK Command by Commander Lieutenant Colonel Veljko Stojanovic
10.03.03	D216/.1	Radovan Radinovic	Combat report dated 08 June 1993 by Commander Lietenent Colonel Veljko Stojanovic
10.03.03	D221/.1	Radovan Radinovic	Combat report dated 14 December 1992 Commander Lieutenant Colonel Veljko Stojanovic
10.03.03	D242/.1	Radovan Radinovic	Combat report Command of 1 Romanija Infantry Brigade dated 19 July 1992 by Chief of Stuff Major Dusan Savcic
10.03.03	D241/.1	Radovan Radinovic	Combate report Command of 1 Romanija Brigade dated 16 June 1992 by Commander Colonel Dragomir Milosevic
10.03.03	D281/.1	Radovan Radinovic	Order from Republic of BiH Army of Republic BiH – 1 Corpus Military unit 5063 dated 12.12.1993 from Commander Breeeevljak
10.03.03	D1855/.1	Radovan Radinovic	Order Command of 1 motorized brigade dated 02 October 1993 by Commander Ramiz Bejic
10.03.03	D146/.1	Radovan Radinovic	Order command of 1 mororized brigade dated 06 March 1993 by commander Sehovic Enver
10.03.03	D148/.1	Radovan Radinovic	Order Command of 102 motorized brigade dated 18 September 1993 by commander Esad Paldum
10.03.03	D150/.1	Radovan Radinovic	Order Command of 3 mortorized brigade dated 05 March 11993 by commander Esad Paldum
10.03.03	D279/.1	Radovan Radinovic	Order Armed forces of RbiH command of 2 mortorized brigade datd 05.03.1993 by commander Safet Zajko
10.03.03	D1849/.1	Radovan Radinovic	Order 1 morotized brigade dated 31.12.1992 by commander Zlatko Lagumdjija
10.03.03	D298/.1	Radovan Radinovic	Order 1 corps command dated 16 february 1993 by commander Mustafa Hajrulahovic – Talijan
10.03.03	D275/.1	Radovan Radinovic	Order command of 102 motorized brigade dated 01.02.1994 byChief of staff Hajrudin Grabovica
10.03.03	D290/.1	Radovan Radinovic	Letter command of operational group "IGMAN" dated 12 March 1993 by Chief of operational group Sabro Haskivic
10.03.03	D204/.1	Radovan Radinovic	Letter SRK Command dated 07 December 1993 by Commander Brigadier-General Stanislav Galic
10.03.03	D1852/.1	Radovan Radinovic	SRK Command letter dated 23.12.1992 by Brigadier General Stanislav Galic
10.03.03	D247/.1	Radovan Radinovic	Command of Igman Brigade Report dated 17.01.1993 by Commander Major Velimir Dunjic
10.03.03	D243/.1	Radovan Radinovic	Letter 1 Corps Command dated 25.10.1993 by Vahid Karavelic
10.03.03	D1853/.1	Radovan Radinovic	Letter SRK Command 16 December 1993 Commander brigadier general Stanislav Galic
10.03.03	D224/.1	Radovan Radinovic	Republic BiH 1 Corps 05.01.1994
10.03.03	D1916.A	Radovan Radinovic	Legende du map D1916
10.03.03	D1916	Radovan Radinovic	Large Colour Map
10.03.03	D1859/.1	Radovan Radinovic	Croatian Brigade "King Tvrtko" dated 21.06.1994 by Nedjelijko Veraja
10.03.03	D1850/.1	Radovan Radinovic	Command of 1 motorized brigade dated 10 March 1993 by Commander Sehovic Enver
10.03.03	D292/.1	Radovan Radinovic	Republic Bosnia and Herzegovina Order Chief of Staff of HQ Supreme Command Armed Froces of RbiH Sefer Halilovic
10.03.03	D289/.1	Radovan Radinovic	Decision HQ of Supreme Command of Armed Forces RbiH dated 10.02.1993 by Sefer Halilovic
10.03.03	D297/.1	Radovan Radinovic	Order dated 28.09.1992 Chief of Supreme Command of Armed Forces of RbiH Sefer Halilovic
10.03.03	D294/.1	Radovan Radinovic	Order dated 01 September 1992 by Chief of Staff Sefer Halilovic
10.03.03	D293/.1	Radovan Radinovic	Decision dated 18 August 1992 by President of Presidency RbiH Alija Izetbegovic
10.03.03	D181	Radovan Radinovic	Organisational chart (Autumn 1992)
10.03.03	D246/.1	Radovan Radinovic	4 Corps Command Letter dated 17 May 1992 by Representing the Commander Colonel Milosav Gagovic
10.03.03	D1890.A	Bar-Table (Radovan Radinovic)	List of Documentation through Bar Table
10.03.03	D1890/.1	Bar-Table (Radovan Radinovic)	Croatian Brigade "King Tvrtko" 22 January 1994
10.03.03	D1891/.1	Bar-Table (Radovan Radinovic)	Letter Armed Forces of Republic BiH 1 Corpus – Sarajevo dated 08.03.1993
10.03.03	D1892/1	Bar-Table (Radovan Radinovic)	Order Command of 1 Motorizes Brigade dated 02 August 1993 by Commander Ramiz Bejic
10.03.03	D1893/.1	Bar-Table (Radovan Radinovic)	Command of 1 Motorized Brigade 03 April 1993 By Chief of Staff Nisad Balta
10.03.03	D1894/.1	Bar-Table (Radovan Radinovic)	Order dated March 08 1993 by Commander Enver Sehovic
10.03.03	D1895/.1	Bar-Table (Radovan Radinovic)	Order Command VJ 5060 dated August 08 1993
10.03.03	D1896/.1	Bar-Table (Radovan Radinovic)	Letter Croatian Brigade "King Tvrtko" dated 08 March 1994 by Commander Nedjeljko Veraja
10.03.03	D1897/.1	Bar-Table (Radovan Radinovic)	Command of 101 Mountain Brigade dated 07 February 1993 by Commander Ahmadzic Nedzad
10.03.03	D1898/.1	Bar-Table (Radovan Radinovic)	Command of 101 Mountain Brigade dated 08 January 1993 by Commander Ahmadzic Nedzad
10.03.03	D1899/.1	Bar-Table (Radovan Radinovic)	Letter from Command of 101 Mountain Brigade 09 January 1993 by Commander Ajnadzic Nedzad.
10.03.03	D1900/.1	Bar-Table (Radovan Radinovic)	Order 1 "S" Motorized Brigade Command dated 04 February 1994 by Commander Vahid Begunic
10.03.03	D1901/.1	Bar-Table (Radovan Radinovic)	Letter from Command of 101 Mountain Brigade 12 January 1993 from Commander Ajnadzic Nedzad
10.03.03	D1902/.1	Bar-Table (Radovan Radinovic)	Order from Command of 102 Motorized Brigade dated 15 November 1993
10.03.03	D1903/.1	Bar-Table (Radovan Radinovic)	Letter Command of 102 Motorized Brigade dated 09 November 1993 by Commander Esad Paldum
10.03.03	D1904/.1	Bar-Table (Radovan Radinovic)	Letter from Command of 101 Mororized Brigade dated 25 December 1993 by Commander Rizvo Pleh
10.03.03	D1905/.1	Bar-Table (Radovan Radinovic)	Command of 102 Motrized Brigade dated 01 December 1993 by Commander Esad Paldum
10.03.03	D1906/.1	Bar-Table (Radovan Radinovic)	Order dated 20 April 1994 by Commander Brigadier General Vahid Karavelic
10.03.03	D1907/.1	Bar-Table (Radovan Radinovic)	Letter dated 09 April 1994 fromCommander Adnan Solakovic
10.03.03	D1908/.1	Bar-Table (Radovan Radinovic)	Intelligence Report dated 02 October 1993 by Vatrenjak Zajko
10.03.03	D1909/.1	Bar-Table (Radovan Radinovic)	Order from Command 3 Motorized Brigade dated 13 March 1993 by Esad Paldum
10.03.03	D1910/.1	Bar-Table (Radovan Radinovic)	Letter from 101 Mountain Brigade dated 24 January 1993 by Commander Ajnadzic Nedzad
10.03.03	D1876/.1	Radovan Radinovic	Letter Command of 102 Motorized Brigade date 20 December 1993 by Deputy Commander Mustafa Dzebo
10.03.03	D239/.1	Radovan Radinovic	Army of BiH 1 Corps Command BiH Order dated 30.09.1994 by Commander Brigadier General Vahid Karavelic
10.03.03	D1875/.1	Radovan Radinovic	Letter of 1 Motorized brigade dated 17.07 1993 from Head of artillery Mujanovic Mensur
10.03.03	D1874/.1	Radovan Radinovic	Order 1 corps command datted 20 April1994 by commander Vahid Karavelic
10.03.03	D276/.1	Radovan Radinovic	Order for Organization of traffic through the Airport Tunnel dated 02.08.1993 by commander Ismet Hazdic 5 Motorized Brigade
10.03.03	D202/.1	Radovan Radinovic	SRK Command Letter to main staff VRS dated 21.08.1993 by Deputy Commander Colonel Dragomir Milosevic
10.03.03	D201/.1	Radovan Radinovic	Letter for Colonel Davou UNPROFOR – Sarajevo from Colonel Galic dated 28 November 1992
10.03.03	D126/.1	Radovan Radinovic	Combat report from SRK command dated 01 December 1992 byCommander Colonel Stanislav Galic
10.03.03	D1873/.1	Radovan Radinovic	Order dated 09.08.1993 from Commander Brigadier General Stanislav galic
10.03.03	D1871/.1	Radovan Radinovic	Letter of Protest fro Colonel Galic from Colonel Davu UNPROFOR Sarajevo dated 21 December 1992
10.03.03	D1872/.1	Radovan Radinovic	Letter for Brigadier-General Galic from Brigadier-General Abdul Razek dated 28 December 1992
10.03.03	D1870/.1	Radovan Radinovic	Letter of Protest from Lieutenant Colonel Magdi, Senior Liason Officer UNPROFOR – SECTOR SARAJEVO for Serbian Army in BiH HQ on Pale dated 13 November 1992
10.03.03	D1869/.1	Radovan Radinovic	Letter of Protest for Command in Lukavica General Galic from UNPROFOR Command Sector Sarajevo dated 18 February 1993 by Colonel Valebntin Deputy Sector Commander
10.03.03	D245/.1	Radovan Radinovic	Letter from command of 1 Romanija infantry brigade dated 25 December 1992 by Chief of Artillery Major Grajic Milomor
10.03.03	D1868/.1	Radovan Radinovic	Letter of Protest for Command in Lukavica to General Galic from Colonel Valentin Deputy Sector Commander dated 21 February 1993
10.03.03	D248/.1	Radovan Radinovic	D248/.1Order dated 118.08.1993 by Stanislav Galic
10.03.03	D255/.1	Radovan Radinovic	Letter from command of SRK dated 20.08.2993 by Stanislav Galic
10.03.03	D254/.1	Radovan Radinovic	Letter from Command of SRK dated 20.08.1993 by Stanislav Galic
10.03.03	D260/.1	Radovan Radinovic	Letter from Command of SRK dated 11.06.1993 by Stanislav Galic
10.03.03	D1867/.1	Radovan Radinovic	Letter of protest to UNPROFOR command for BiH for General Rose personally and to UNPROFOR Command Sector Sarajevo for Gereral Sobiru personally from Stanislav Galic
10.03.03	D1866/.1	Radovan Radinovic	Order dated 01 May 1994 by Stanislav Galic
10.03.03	D206/.1	Radovan Radinovic	Letter to all SRK units from Brigadier General Stanislav Galic
10.03.03	D262/.1	Radovan Radinovic	Order from SRK Command dated 08.08.1993 from Stansilav Galic
10.03.03	D263/.1	Radovan Radinovic	Order drom Command of SRK dated 11.08.1993 by Stanislav Galic
10.03.03	D261/.1	Radovan Radinovic	Letter fromCommand of SRK dated 26.06.1993 by Stanislav Galic
10.03.03	D205/.1	Radovan Radinovic	Order from command of SRK dated 15.05.1993 from Stanislav Galic
10.03.03	D227/.1	Radovan Radinovic	Letter from command of Igman brigade dated 09 February 1993 by commander lieutenant colonel Spasoja Cojic
10.03.03	D1865/.1	Radovan Radinovic	Order from SRK command dated 16.06.1993 by Deputy Commander Colonel Marcetic Dragan
10.03.03	D1864/.1	Radovan Radinovic	SRK Command order dated 15.02.1993 from Dragan Marcetic
10.03.03	D1863/.1	Radovan Radinovic	Letter from SRK Command dated 01.02.1993 from Colonel Dragan Marcetic
10.03.03	D203/.1	Radovan Radinovic	Letter of Protest to UNPROFOR from Sarajevo Romanija Corps Command dated 22 November 1992 by Stanislav Galic
10.03.03	D1862/.1	Radovan Radinovic	SRK Command letter of 26 March 1994 fromStanislav Galic
10.03.03	D1861/.1	Radovan Radinovic	Report from SRK Command dated 19 February 1994 from Stanislav Galic
10.03.03	D209/.1	Radovan Radinovic	Letter to the main staff of the army of republic of srpska dated 15.12.1993 by Stanislav Galic
10.03.03	D268/.1	Radovan Radinovic	Report of state moral from SRK Command 31.03.1993 by Assistant commander Colonel Ljuban Kosovac
10.03.03	D199/.1	Radovan Radinovic	Letter from SRK Command dated 16.12.1993 by Colonel Ljuban Kosovac
10.03.03	D198/.1	Radovan Radinovic	Report to the main staff of VRS frim Command of SRK Deputy Commander Colonel Dragomir Milosevic dated 27.08.1993
10.03.03	D197/.1	Radovan Radinovic	Order SRK Command dated 27.08.1993 by Dragomir Milosevic
10.03.03	D1860/.1	Radovan Radinovic	SRK Command letter dated 03 November 1992 signed by Dragan Marcetic
10.03.03	D229/.1	Radovan Radinovic	Letter for Command of 1 Krajina Corpus Commander Colonel Stanislav Galic dated 06.06.1992
10.03.03	D1856/.1	Radovan Radinovic	Letter from SRK Comamand dated 05.07.1993 by Deputy Commander Colonel Dragomir Milosevic
10.03.03	D256/.1	Radovan Radinovic	Command of SRK letter dated 11.08.1993 Brigadier General Stanislav Galic
10.03.03	D257/.1	Radovan Radinovic	Command of SRK letter dated 16.07.1993 from Dragomir Milosevic
10.03.03	D251/.1	Radovan Radinovic	SRK commander letter dated 04.06.1993 Order from Commander Brigadier-General Stanislav Galic

1 - Decision on the Prosecution Motion for Reconsideration of the Admission of the Expert Report of Prof. Radinovic dated 21 February 2003.
2 - Status conference, 21 March 2003.
3 - The Prosecution submitted that it objected “to all SRK documents on the grounds of authenticity, with the exception of those documents that contradict the Defence case on the grounds that documents that are against the interests of the proponent are more likely to be authentic than those documents that are self-serving”, p 14 of the Document tendered in court on 18 March 2003 and listing the objections of the Prosecution.
4 - According to the Defence, these exhibits are all about the ABIH and the Prosecution had been on notice since 12 February 2003.
5 - They are numbered as follows: 1880, 1881, 1882, 1883, 1884, 240, 1886, 1887, 236. In addition, the Prosecution submits that the document 1888 is unclear as there is no translation.
6 - See p 15 of the Document presented in court by the Prosecution on 18 March 2003.
7 - Defence’s Submission in Relation to Prosecution Document from 18 March 2003, para 2.
8 - Ibid, para 8.
9 - Ibid, paras 10-18.
10 - Ibid, paras 21-22.
11 - Ibid, para 20.
12 - Prosecution Response to the Tender of the Expert Report of Prof. Radinovic and Documents Associated Therewith, paras 7-14 in relation to the admissibility of Radinovic’s statement and paras 15-16 concerning the admissibility of the documents attached to the statement.
13 - Defence’s Reply to Prosecution Response to the Tender of the Expert Report of Prof. Radinovic and Documents Associated Therewith, paras 3 et seq.
14 - Prosecution Response to the Tender of the Expert Report of Prof. Radinovic and Documents Associated Therewith, para 8.
15 - Under Exhibit number D 1925.
16 - The Trial Chamber made such statement in the Decision Concerning the Expert Witnesses Ewa Tabeau and Richard Philipps, 3 July 2003, p. 2; Transcript, 8 July 2003, T 11413-4; Decision on the Expert Witness Statements Submitted by the Defence, 27 January 2003, p. 3, Decision on the Prosecution Motion for Reconsideration of the Admission of the Expert Report of Prof. Radinovic, para 9.
17 - The Prosecutor v. Zejnil Delalic & al., Judgement, IT-96-21-A, 20 February 2001, para 594.
18 - Decision on the Prosecution Motion for Reconsideration of the Admission of the Expert Report of Prof. Radinovic, para 12.
19 - Report, para 150.
20 - Documents numbered as follows: D1853, D1854, D1857, D1860, D1862, D1865, D1866 and D1867.
21 - See footnote 2.
22 - The Trial Chamber asked during the Prosecution case that the Prosecution prove the authenticity of some documents which appearance was doubtful, e.g. some words or lines in the document seemed to have been erased or rubbed off.
23 - See footnote 5.
24 - A list of these documents appears in Exhibit D1915.
25 - It is easier for both parties to refer to the documents attached to the Report and re-tendered in court by the Defence by using their exhibit number.
26 - Excerpts of a book showing pictures of bullet wounds.
27 - Procedural matters, 18 March 2003, T 21514-17.
28 - Status conference, 21 March 2003, T 21573 and 21575.
29 - P3683; the document at stake corresponds to footnote 83.
30 - The Trial Chamber had invited the Defence to file a short written submission if it considered that the document presented to Guskova casts a different light on the document originally tendered which would require to reconsider the decision to admit it, Guskova, T 19596.
31 - Report (statement of Donia and the attached documents) admitted as exhibit P3683 on 18 April 2002.
32 - In addition of having a different ERN number and in relation to the Guskova Minute of having a stamp which the Donia Minute did not have, namely the stamp of the Institute for Research of Crimes against Humanity, parts of the document were underlined, which was not in the Donia Minute. The translation attached to the Donia Minute indicates in brackets that some parts are underlined in the original, thereby inducing the presumption that the translation attached to the Donia Minute was prepared on the basis of the Guskova Minute. In addition, page 2 of the Guskova Minute was missing.
33 - Guskova, T 19595.
34 - Guskova, T 19596.
35 - Radinovic, T 21131.
36 - Radinovic, T 21132. See para 102, footnote 50 of the Report.
37 - Radinovic, T 21142.
38 - The critical question for the Prosecution “was what were we to consider as evidence [...] having regard to the fact that the witness could not testify in any way about the truth, accuracy, methodology of compiling these documents. She did not really know about them, apart from having seen them” in the witness box, Radovanovic, T 21567-8.
39 - Radovanovic was asked her opinion as to statistical conclusions that could be reached on the basis of the documents. She recognised them as documents “she was accustomed to see, and given the fact that [s]he could find h[er] bearings there, [s]he could identify them, certain conclusions could be reached which were useful for h[er] report”, Radovanovic, T 21568-9.
40 - Radovanovic, T 21332-9, 21354-7, 21365-8, 21369-70, 21378-80.
41 - The first 34 pages of D1928 (ERN 00986277 and following) had been translated into English and a few short excerpts had been read out by the witness and translated by the interpreters or translations had been provided by the Defence.
42 - Radovanovic, T 21338.
43 - Radovanovic, T 21334-6, 21357.
44 - Radovanovic, T 21365-8.
45 - Radovanovic, T 21338.
46 - Radovanovic, T 21328-9.
47 - Radovanovic, T 21362-70.
48 - Radovanovic, T 21371 et seq.

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