DECISION ON PROSECUTION MOTION FOR ADMISSION OF DOCUMENTS CITED IN EXPERT REPORT OF JAKUB BIJAK

Similar documents
IN THE TRIAL CHAMBER GORAN HADŽIĆ PUBLIC

IN THE TRIAL CHAMBER GORAN HADŽIĆ PUBLIC

IN TRIAL CHAMBER 11. Judge Burton Hall, Presiding Judge Guy Delvoie Judge Frederik HarhofI. Mr. John Hocking. 15 December 2011 PROSECUTOR

IN TRIAL CHAMBER III. Judge Jean-Claude Antonetti, presiding Judge A.rpad Prandler Judge Stefan Trechsel Reserve Judge Antoine Kesia-Mbe Mindua

DECISION ON THE PROSECUTION S BAR TABLE MOTION RELATING TO WITNESS DOROTHEA HANSON

NOllE fyj,!!) {2 OlD/O

IN TRIAL CHAMBER ill THE PROSECUTOR. Jadranko PRLIC Bruno STOJIC Slobodan PRALJAK Milivoj PETKOVIC Valentin CORIC Berislav PUSIC PUBLIC

IN TRIAL CHAMBER ill. Mr John Hocking THE PROSECUTOR. Jadranko PRLIC Bruno STOJIC Slobodan PRALJAK MiIivoj PETKOVIC Valentin CORIC Berislav PUSIC

D12-1/50685 BIS 13 January 2011 AJ

DECISION ON MOTION FOR ADMISSION INTO EVIDENCE OF MFI D684

IN THE TRIAL CHAMBER

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

DECISION ON MOTION TO STRIKE PROSECUTION FINAL BRIEF

IN TRIAL CHAMBER III. Judge Jean-Claude Antonetti, Presiding Judge Arpad Prandler Judge Stefan Trechsel Reserve Judge Antoine Kesia-Mbe Mindua

a> 12>2t~ - ~ f &1,,'t (~~t(~

IT-95-5/18-T D94763-D February 2016 AJ

PRE-TRIAL CHAMBER III. Judge Antoine Kesia-Mbe Mindua, Presiding Judge Judge Chang-ho Chung Judge Raul C. Pangalangan

Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Fliigge. Mr John Hocking. 1 August 2016 PROSECUTOR RATKO MLADIC PUBLIC

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA SLOBODAN PRALJAK S PRELIMINARY RESPONSE TO THE PROSECUTION MOTION TO REOPEN

~ lv86~-c!)fd.'~ M ~dl~/~

Ir-Olf-?I/-T D? ".7-(,()03 "~M~ <2013

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

A;4S A. 14 fjo(~ 2AJ12 IN THE APPEALS CHAMBER

TRIAL CHAMBER VIII. Judge Raul C. Pangalangan, Presiding Judge Judge Antoine Kesia-Mbe Mindua Judge Bertram Schmitt SITUATION IN THE REPUBLIC OF MALI

IN THE TRIAL CHAMBER

IN TRIAL CHAMBER I. Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Fliigge. Mr John Hocking PROSECUTOR PUBLIC

Ir: 'JO-- J /1fj- P r

THE PRESIDENT OF THE TRIBUNAL. Judge Carmel Agius, President IN THE CASE AGAINST PETAR JOJI] AND VJERICA RADETA PUBLIC

IN THE APPEALS CHAMBER. Judge Theodor Meron, Presiding Judge Carmel Agius Judge Patrick Robinson Judge Fausto Pocar Judge Liu Daqun. Mr.

$/.1&_1 IN THE TRIAL CHAMBER. Judge O-Gon Kwon, Presiding Judge Judge Howard Morrison Judge Melville Baird Judge Flavia Lattanzi, Reserve Judge

IT -95-5/18-T D D May 2010

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

IT-O)--b4-r O~'1I2-t - D2.L.(ILI It ~~W2D(O

IN THE APPEALS CHAMBER THE PROSECUTOR. Gaspard KANYARUKIGA DECISION ON REQUEST TO ADMIT ADDITIONAL EVIDENCE OF 18 JULY 2008

_In_t_e_r_n_a_t_io_n_a_l_e~ ~~~ ~ International

9-Ob-roq- T (!)1&Ci:A1- ~ 1~&O. 16 Oa-obl-l auljef IN TRIAL CHAMBER I. Judge Alphons Orie, Presiding Judge Michele Picard Judge Elizabeth Gwamiza

THE PRESIDENT OF THE INTERNATIONAL TRffiUNAL. Judge Patrick Robinson, President. Mr. John Hocking PUBLIC

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA SLOBODAN PRALJAK S REQUEST FOR A TEMPORARY ADJOURNMENT

UNITED NATIONS D D March 2013 AJ IT-95-5/18-T

APPEALS CHAMBER (Exclusively for the use of the media. Not an official document) The Hague, 8 October 2008

IN TRIAL CHAMBER No. 3

PRE-TRIAL CHAMBER III. Judge Silvia Fernandez de Gurmendi, Single Judge

0+ :J:JE.CG,..,aE~ 2oo!j

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

IN THE APPEALS CHAMBER

I'~!:na~m!:~!lunalfor Rwanda 12»32 ~

General Assembly Security Council

172 D172 - D January 2009 SF IT R77.5

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Mechanism for International Criminal Tribunals Date: BEFORE THE APPEALS CHAMBER. Judge Theodor Meron, Pre-Appeal Judge. Mr. Olufemi Elias PROSECUTOR

(Exclusively for the use of the media. Not an official document) Appeals Judgement Summary for Ante Gotovina and Mladen Markač

UNITED NATIONS. Case No. IT T

:^i TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public

SERBIA CONTINUING IMPUNITY FOR WAR CRIMES AND DISCRIMINATION AGAINST ROMA

TRIAL CHAMBER VI SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

RULES OF PROCEDURE AND EVIDENCE

/:> ' It " i '14 =t ' \;2.S l - 2Lfif J

I. WORKSHOP 1 - DEFINITION OF VICTIMS, ROLE OF VICTIMS DURING REFERRAL AND ADMISSIBILITY PROCEEDINGS5

UNITED NATIONS. ;D"-ol1-lI- r. )So 'll - D ~D/~ l..6 ~"Г71"9t>t ' DЕСISЮN DENYING MICO STANlSIC'S МОТЮN

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NT AG AND A. Public

SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public Document

Second report of the Secretary-General submitted pursuant to Security Council resolution 1757 (2007) I. Introduction

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Single Judge

Adopted by the Security Council at its 4601st meeting, on 14 August 2002

RULES OF PROCEDURE AND EVIDENCE

PRE-TRIAL CHAMBER I. Judge Sylvia Steiner, Presiding Judge Judge Sanji Mmasenono Monageng Judge Cuno Tarfusser

The Protection of Witnesses at the International Criminal Tribunal for the former Yugoslavia

PRE-TRIAL CHAMBER II SITUATION IN UGANDA. Public. Decision on legal representation of Victims a/0101/06 and a/0119/06

PRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public

Appeal Judgement Summary for Stanišić and Župljanin. Please find below the summary of the Judgement read out today by Judge Carmel Agius.

TRIAL CHAMBER VI SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF

/ ^, a I PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public Document

SPECIAL COURT FOR SIERRA LEONE IN THE APPEALS CHAMBER. PROSECUTOR Against ISSA HASSAN SESAY MORRIS KALLON AUGUSTINE GBAO (Case No.

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

UNDCP MODEL FOREIGN EVIDENCE BILL,2000

/ \ PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

Cour Pénale International. Criminal Court. Date: 3 February 2012 TRIAL CHAMBER III

RULES FOR ARBITRATION BETWEEN THE BANK FOR INTERNATIONAL SETTLEMENTS AND PRIVATE PARTIES

IN THE TRIAL CHAMBER. Judge lain Bonomy, Presiding Judge Christoph Flugge Judge Michele Picard THE PROSECUTOR RADOV AN KARADZI<: PUBLIC

^Si._.,^äf^ PRE-TRIAL CHAMBER I. Judge Silvia Fernandez de Gurmendi, Single Judge

UNIVERSAL PERIODIC REVIEW OF CROATIA NGO Stakeholder s submission. April 2010

PRE-TRIAL CHAMBER II SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR V. BOSCO NTAGANDA. Public

Legal Representatives of Participating Victims: Mr Peter Haynes, Mr Mohammad F. Mattar & Ms Nada Abdelsater-Abusamra

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

\~(i(.. ~-Stf... ; 2..\f... OS-lO (8'LDI- r,s)

Regulations of the Court

TRIAL CHAMBER I SITUATION IN THE REPUBLIC OF CÔTE D'IVOIRE IN THE CASE OF. Public. Decision on the submission and admission of evidence

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public

COUNTRY OPERATIONS PLAN FOR 2002 BOSNIA AND HERZEGOVINA. Executive Committee Summary

SPECIAL TRIBUNAL FOR LEBANON PRACTICE DIRECTION ON PROCEDURE FOR THE FILING OF WRITTEN SUBMISSIONS IN APPEAL PROCEEDINGS BEFORE THE

THE APPEALS CHAMBER. Judge Akua Kuenyehia, Presiding Judge Judge Sang-Hyun Song Judge Sanji Mmasenono Monageng Judge Erkki Kourula Judge Anita Usacka

PRE-TRIAL CHAMBER III. SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO.

SERBIA AMNESTY INTERNATIONAL SUBMISSION TO THE UN UNIVERSAL PERIODIC REVIEW 15TH SESSION OF THE UPR WORKING GROUP, JANUARY - FEBRUARY 2013

IC'i~-~ J. II - f - 2 t:jt:'j t!:j {~-::;46 - '<~(!) ,..,., ' ... TRIAL CHAMBER III

Vf, ^^»rl^iip^ \f THE APPEALS CHAMBER

JOSEPH KANYABASID THE PROSECUTOR. International Criminal Tribunal for Rwanda Tribunal pe'nalinternational pour le Rwanda

Letter dated 15 November 1995 from the Permanent Representative of Croatia to the United Nations addressed to the Secretary-General

Organization for Security and Co-operation in Europe Mission to Croatia

Transcription:

UNITED NATIONS IT-04-75-T 13005 D13005 - D13001 26 August 2013 MC 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 Case No. IT-04-75-T Date: 26 August 2013 Original: English IN THE TRIAL CHAMBER Before: Registrar: Judge Guy Delvoie, Presiding Judge Burton Hall Judge Antoine Kesia-Mbe Mindua Mr. John Hocking Decision: 26 August 2013 PROSECUTOR v. GORAN HADŽIĆ PUBLIC DECISION ON PROSECUTION MOTION FOR ADMISSION OF DOCUMENTS CITED IN EXPERT REPORT OF JAKUB BIJAK The Office of the Prosecutor: Mr. Douglas Stringer Counsel for Goran Had`i}: Mr. Zoran Živanović Mr. Christopher Gosnell

13004 1. 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 ) is seised of the Prosecution Motion for the Admission of Associated Exhibits of the Jakub Bijak Expert Report, filed on 24 July 2013 ( Motion ). The Defence filed its Response to Prosecution Motion for the Admission of Associated Exhibits of the Jakub Bijak Expert Report on 7 August 2013 ( Response ). The Prosecution filed its Prosecution Request for Leave to Reply and Reply to Response to Prosecution Motion for the Admission of Associated Exhibits of the Jakub Bijak Expert Report on 16 August 2013 ( Reply ). A. Background 2. Jakub Bijak testified in this case on 3 June 2013 as an expert witness on displaced persons and refugees from Croatia. His status as an expert witness was not challenged by the Defence. 1 Bijak s expert report was admitted into evidence on 3 June 2013 ( Expert Report ). 2 The Chamber instructed the parties to make written submissions on the proposed exhibits referenced in the Expert Report tendered through the witness. 3 B. Submissions 3. In the Motion, the Prosecution seeks the admission of nine documents listed in Annex A to the Motion. The Prosecution submits that the documents are relevant to and probative of issues presented in this case and are integral to a complete understanding of the analysis and conclusions contained in the Expert Report. 4 The Prosecution explains that the documents are comprised of literature on displaced persons and refugees from Croatia that were prepared by governmental entities, international organisations, and academics. 5 It states that the documents are used in the Expert Report to confirm the accuracy of the statistical information derived from documents provided by the Office for Displaced Persons, Returnees, and Refugees ( ODPRR ) in order to determine the upper limits of the number of displaced persons during the Indictment period and to provide figures on the number of refugees from Croatia that could not be derived from the ODPRR documents (which only contain data on internally displaced persons). 6 1 See Notice on Expert Witnesses Pursuant to Rule 94 bis (B), 8 August 2012. 2 Exhibit P2016. See also Hearing, 3 June 2013, T. 5309. 3 Hearing, 3 June 2013, T. 5307-5309. 4 Motion, paras 1, 3-4. 5 Motion, para. 3. 6 Motion, para. 4. 1

13003 4. In the Response, the Defence objects to the admission of five of the tendered documents. It argues that these documents fail to meet the minimum threshold of reliability or relevance or are duplicative of other documents admitted as evidence. 7 In particular, the Defence opposes documents that it argues (a) do not include information on authorship, 8 (b) go beyond the scope of demographic analysis, 9 (c) are not contemporaneous with the events described, 10 or (d) do not provide specific citations. 11 5. In the Reply, the Prosecution argues that the Defence arguments against the admission of the five documents are erroneous and should be rejected. 12 In particular, it argues that (a) the authorship of the documents is indicated, 13 (b) the documents are not duplicative of other evidence, 14 (c) in relation to Rule 65 ter number 01403, it is cited in the Expert Report and includes specific citations as endnotes, 15 (d) in relation to Rule 65 ter number 02285, Human Rights Watch reports have been tendered by the Defence and admitted in this case, 16 and (e) the documents are relevant to the case. 17 C. Discussion 6. The four proposed documents to which there is no objection are two reports prepared by the United Nations High Commissioner for Refugees and excerpts from two books. The Trial Chamber finds that these documents are probative, have a sufficient degree of reliability, meet the requirements of Rules 89 (C) and (D) of the Rules of Procedure and Evidence ( Rules ), and will assist the Trial Chamber in assessing the basis on which Bijak reached his conclusions. The Trial Chamber will therefore admit into evidence the documents with Rule 65 ter numbers 01942.1, 01946, 02305, and 02784.1. 7. Rule 65 ter 00862 is a list of Serb-held settlements as of January 1992 compiled by the Zagreb-based Ivo Pilar Institute for Social Science in April 2003. 18 The Chamber finds that it is probative, has a sufficient degree of reliability, and meets the requirements of Rules 89 (C) and (D). The list is referenced in the Expert Report in comparison to a map prepared by the Prosecution s mapping unit. The map outlines, inter alia, settlements controlled by the Republic of Serbian 7 Response, paras 1, 5. 8 Response, para. 2. 9 Response, para. 3. 10 Response, paras 3, 4. 11 Response, paras 3, 4. 12 Reply, para. 7. 13 Reply, paras 2, 5. 14 Reply, paras 2, 6. 15 Reply, para. 3. 16 Reply, para. 4. 17 Reply, para. 6. 2

13002 Krajina at the beginning of 1992. 19 The Chamber notes that the individual settlements are not distinguishable on the map in the Expert Report and considers that Rule 65 ter 00862, which individually lists relevant settlements, will assist the Chamber in understanding and assessing the Expert Report. Moreover, while other exhibits in this case make reference to specific settlements that were under the control of Serb forces at specific times, none of the exhibits cited by the Defence in the Response provide a comprehensive list of areas controlled by Serb forces. The Trial Chamber will therefore admit Rule 65 ter 00862. 8. Rule 65 ter number 01403 is a journal article prepared by the University of Zagreb School of Medicine in 1993. 20 It describes the experience of medical doctors from the School of Medicine and Ministry of Health of the Republic of Croatia in documenting human rights abuses and war crimes during the war and occupation on the territory of Croatia 1991/93. 21 As stated in the Expert Report, the article does not provide a reference period for the estimates of refugees and displaced persons nor does it indicate the source for all of the estimates. 22 The Chamber is not satisfied that Rule 65 ter number 01403 is sufficiently reliable or relevant so as to meet the threshold for admissibility into evidence set out in Rules 89 (C) and (D). 9. Rule 65 ter number 01947 is an article written by the head of the Croatian government s Office for Displaced Persons and Refugees in November 1994. 23 The article provides statistics for the number of war-sufferers cared for by Croatia and provides an estimate of displaced persons as of November 1994. It does not give a source for this information. 24 The Chamber is not satisfied that the document is sufficiently reliable so as to meet the threshold for admissibility into evidence set out in Rules 89 (C) and (D). 10. Rule 65 ter numbers 02543 and 02285 are reports on displaced persons and refugees from Croatia that were prepared by the Croatian Ministry for Public Works, Reconstruction, and Construction and Human Rights Watch, respectively. They were prepared in 2003 and 1997, respectively, and focus on the return of displaced persons from Croatia after the Indictment period. Rule 65 ter 02543 is a 41-page report of which one table is cited in the Expert Report. 25 Rule 65 ter 02285 is also a large report of which only a small portion is referenced in the Expert Report. 26 The Chamber considers that Rules 65 ter numbers 02543 and 02285 generally possess low relevance to 18 Rule 65 ter 00862, p. 1. See also Expert Report, p. 5. 19 Expert Report, pp. 5-6, figure 1. 20 Rule 65 ter 01403, p. 285. 21 Rule 65 ter 01403, p. 292. 22 Rule 65 ter 01403, pp. 287-288, 289. See also Expert Report, p. 10, Table 2, note. a. 23 Rule 65 ter 01947, pp. 183, 187. See also Expert Report, p. 27. 24 Rule 65 ter 01947, p. 184. 25 Expert Report, pp. 25-26. 26 Expert Report, p. 27, fn. 21. 3

13001 the subject matter of the case and that the distinct portions that relate to the case are adequately described in the Expert Report. The documents will not assist the Chamber in its understanding of the Expert Report and will not be admitted. D. Disposition 11. Accordingly, the Trial Chamber, pursuant to Rules 54, 89, and 126 bis of the Rules, hereby (a) GRANTS the Prosecution leave to file the Reply; (b) ORDERS that the documents cited in the Expert Report with the following Rule 65 ter numbers shall be admitted into evidence: 00862, 01942.1, 01946, 02305, and 02784.1; (c) DENIES the admission into evidence of documents with the following Rule 65 ter numbers: 01403, 01947, 02285, and 02543; and (d) INSTRUCTS the Registry to take all necessary and appropriate measures to implement this decision. Done in English and French, the English text being authoritative. Done this twenty-sixth day of August 2013, At The Hague, The Netherlands. Judge Guy Delvoie Presiding Seal of the Tribunalğ 4