IT-09-92-PT D36718 - D36714 10 February 2012

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UNITED NATIONS
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-09-92-PT

Date: 10 February 2012

IN TRIAL CHAMBER I

Before:

Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Flgge Mr. John Hocking THE PROSECUTOR v. RATKO MLADI]

Registrar:

Public
PROSECUTION NOTICE OF RULE 65TER (E) FILINGS

The Office of the Prosecutor:

Mr. Dermot Groome Mr. Peter Mc Closkey Counsel for Ratko Mladi}:

Mr. Branko Luki}

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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

IT-09-92-PT THE PROSECUTOR v. RATKO MLADI]

Public

PROSECUTION NOTICE OF RULE 65TER (E) FILINGS

Introduction 1. On 8 December 2011, the Trial Chamber directed the Prosecution to submit all

of the filings required by Rule 65ter(E) on 10 February 2012. Rule 65ter(E) requires the Prosecution to file its pre-trial brief, its witness list and its exhibit list. Today, the Prosecution files its witness list and exhibit list. 2. On 8 February 2012, the Prosecution sought an extension to file its pre-trial

brief. The Mladi} Defence did not oppose the Prosecutions request. The Trial Chamber granted the application and extended the date for filing of the Prosecution brief until 24 February 2012. Prosecution Witness List 3. The Prosecution has filed its witness list confidentially to comply with

existing orders protecting the identity of some witnesses. The following is a summary of the testimonial evidence the Prosecution will rely upon in establishing the crimes set out in the Indictment. 4. The Prosecution witness list includes the evidence of 410 witnesses. 385 of

these are fact witnesses and 25 are experts who will submit expert reports pursuant to Rule 94bis. The Prosecution intends on calling to the witness stand 10 of the 24 experts.

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5.

Of the 385 fact witnesses, the Prosecution intends on calling 148 witnesses to

the Tribunal. With respect to these 148 fact witnesses the Prosecution intends on adducing the evidence of seven witnesses viva voce.1 The evidence of 141 witnesses will be adduced primarily in written form pursuant to Rule 92ter; these witnesses will be available for cross examination by the Mladi} Defence.2 6. In total, the Prosecution intends on calling 158 fact and expert witnesses to

give testimony during the trial, subject to decisions by the Chamber. The Prosecution estimates that it will use approximately 200 hours of hearing time to adduce their evidence. 7. The evidence of 220 witnesses will be adduced in written form pursuant to

Rule 92bis, subject to rulings of the Chamber.3 Many of these witnesses provide evidence of matters related to the authenticity of other evidence, evidence establishing the identity and cause of death of victims and matters although relevant, do not directly concern the acts or conduct of Mr. Mladi}. 8. Eighteen witnesses are deceased. The Prosecution will seek to have their prior

testimony or statements admitted in evidence pursuant to Rule 94quater.4

1 2

The evidence of the witness will be lead live in court in its entirety. Rule 92ter reads: (A) A Trial Chamber may admit, in whole or in part, the evidence of a witness in the form of a written statement or transcript of evidence given by a witness in proceedings before the Tribunal, under the following conditions: (i) the witness is present in court; (ii) the witness is available for cross-examination and any questioning by the Judges; and (iii) the witness attests that the written statement or transcript accurately reflects that witness declaration and what the witness would say if examined. (B) Evidence admitted under paragraph (A) may include evidence that goes to proof of the acts and conduct of the accused as charged in the indictment. 3 Rule 92bis reads in relevant part: (A) A Trial Chamber may dispense with the attendance of a witness in person, and instead admit, in whole or in part, the evidence of a witness in the form of a written statement or a transcript of evidence, which was given by a witness in proceedings before the Tribunal, in lieu of oral testimony which goes to proof of a matter other than the acts and conduct of the accused as charged in the indictment. 4 Rule 92quater reads in relevant part: (A) The evidence of a person in the form of a written statement or transcript who has subsequently died, or who can no longer with reasonable diligence be traced, or who is by reason of bodily or mental condition unable to testify orally may be admitted, whether or not the written statement is in the form prescribed by Rule 92bis, if the Trial Chamber: (i) is satisfied of the persons unavailability as set out above; and (ii) finds from the circumstances in which the statement was made and recorded that it is reliable.

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Prosecution Exhibit List 9. The Prosecution has filed its exhibit list confidentially to comply with existing

orders designating some of these exhibits as confidential and because some of the exhibits on its list would also reveal the identity of protected witnesses. The following is a summary of the physical artefacts and documentary evidence the Prosecution will rely upon in establishing the crimes set out in the Indictment. 10. The exhibit list contains approximately 27,906 exhibits. A great many of these

exhibits are documents originating in the Army of Republika Srspka (VRS) as well as the governmental ministries and offices of the Republika Srpska. Another large category of exhibits concerns documentary evidence related to the recovery and identification of the mortal remains of victims. Another large category of exhibits consists of the personal notebooks, video and audio recordings, and other items recovered from the home of Mr. Mladi}. 11. To assist the Mladi} Defence in its preparations, the Prosecution has identified

19,579 exhibits as priority exhibits that the Prosecution is reasonably certain it will tender during the course of its case-in-chief. Within this group, the Prosecution has further identified 2,136 documents which it believes are the most important documents in the case. With respect to the remaining exhibits, the Prosecution will consider the necessity of tendering these exhibits in light of defences advanced by Mr. Mladi}, decisions by the Trial Chamber and further reviews by the Prosecution. Adjudicated Facts 12. On 9 December 2011, the Prosecution filed a motion requesting that this

Chamber take judicial notice of over 2,800 facts that have already been the subject of final adjudications by other ICTY Trial Chambers. The Prosecution is also engaged in discussions with the Mladi} Defence in an effort to identify non-controversial issues which might appropriately be the subject of agreement. 13. Depending on the outcome of both these processes, the Prosecution may not

call some of the people listed on its witness list or tender some of the evidence on its exhibit list. Wherever appropriate, the Prosecution will refrain from adducing this evidence in reliance on decisions of the Chamber or agreements with the Mladi} Defence.

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Word Count: 1,047

Respectfully submitted,

Dermot Groome Senior Trial Attorney

Peter Mc Closkey Senior Trial Attorney

Dated this 10th day of February 2011 The Hague, Netherlands

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