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Tag Archives: admission
ICTR: Karemera: TC Reconsiders Admissibility of Statements, But Finds ‘No Good Cause’ for the Motion
2010-04-07, Arusha, Tanzania. The Trial Chamber III granted, in part, Nzirorera’s motion for reconsideration of the Chamber’s decisions on the admission of written statements, but denied Nzirorera’s defence counsel fees on the ground that there was no good cause for this Motion. Statement of Law. The Chamber has the inherent power to reconsider its decisions when: [...]
Posted in ICTR Also tagged acts and conduct of the accused, Chantal Hounkpatin, Charles Nzabagerageza, Cyprien Ntakabereho, definitive proof, Dennis C. M. Byron, Dior Diagne Mbaye, discretion, Don Webster, Edison Munyatarama, Edouard Karemera, fair trial, Félix Sow, Frederic Weyl, Gberdao Gustave Kam, indictment, Jean-Baptiste Nsanzimfura, Joseph Nzirorera, live and important issue, Matthieu Ngirumpatse, Patrick Nimy Mayidika Ngimbi, peripheral issue, Peter Robinson, prima facie credibility, prima facie reliability, probative value, reconsideration, relevant, Rule 73, Rule 89 (C), Rule 92 bis, Rule 92 bis (A), Rule 92 bis (A) (i), Rule 92 bis (A) (ii), Rule 92 bis (B), Rules of Procedure and Evidence, Saidou N’Dow, sufficient indicia, Sunkarie Ballah-Conteh, Takeh Sendze, Vagn Joensen, written statements Comments closed
ICTY: Dordevic: Video from Re-Examination Admitted into Evidence
2010-04-22, The Hague, The Netherlands. Despite finding that the video the defence was seeking to admit into evidence had several deficiencies, the Chamber granted the defence motion to admit portions of the video used during re-examination of defence witness Danica Marinkovic on 19 March 2010. The Chamber allowed the admission of the video segments on the [...]
Posted in ICTY Also tagged Chester Stamp, Christoph Flugge, Danica Marinkovic, Daniela Kravetz, deficiencies, Dragoljub Dordevic, evidence, IT-05-87/1-T, Kevin Parker, Melville Baird, oral evidence, prima facie reliability, Racak, re-examination, Rule 89(C), Rules of Procedure and Evidence, segments, sufficient indicia, Veljko Durdic, video, Vlasimir Dordevic Comments closed
ICTY: Karadzic: Decision on Admission of Babic’s Evidence
2010-04-13, The Hague, The Netherlands. Milan Babic had a long history with the tribunal. He was an OTP witness in the Slobodan Milosevic, Krajisnik and Martic cases and committed a suicide at the UNDU on March 5, 2006. The OTP sought to admit his oral testimonies from those trials and 309 associated exhibits under Rule 92 [...]
Posted in ICTY Also tagged acts and conduct of the accused, associated exhibits, authentication, authenticity, background, BiH, character, conviction, credibility, critical issues of the case, Croatia, cross-examination, evidence, excessive and unnecessary detail, fair trial, Flavia Lattanzi, Howard Morrison, indicia of authenticity, inseparable and indispensable, intercept operators, intercepts, international criminal procedure, IT-95-5/18-T, Krajisnik, lenient treatment, manifest inconsistencies corroboration, Martic, Melville Baird, Milan Babic, Mladic, O-Gon Kwon, oral testimonies, prima facie reliable, probative, relevant, reliable, repetitive testimonies, Rule 89, Rule 92 quater, Rules of Procedure and Evidence, safeguards of a judicial proceeding, Slobodan Milosevic, substantially outweighing, suicide, testimony, unavailable, unavailable persons, uncorroborated evidence, UNDU Comments closed
ICTY: Stanisic & Simatovic: OTP Granted Rule 92 Quater Motion
2010-04-12, The Hague, The Netherlands. The TC1 granted the OTP’s Motion seeking to admit into evidence the transcripts of the Witness C-057′s testimony from Prosecutor v. Slobodan Milosevic, two witness statements and 16 related exhibits. The TC found that the evidence in question is relevant and the witness is unavailable. In respect of reliability, the [...]
Posted in ICTY Also tagged acts and conduct, Arkan, corroboration, cross-examination, Dermot Groome, evidence, Franko Simatović, Geert-Jan Alexander Knoops, JCE, joint criminal enterprise, Jovica Stanišić, motion, Mr Mihajlo Bakrac, relevant, reliability, Rule 89(C), Rule 92 quater, Rules of Procedure and Evidence, Slobodan Milosevic, strategy, transcripts, unavailable, Vladimir Petrovic, Wayne Jordash, weight, witness, Witness C-057 Comments closed
ICTY: Gotovina: Guidance on the Admissibility of Unattested Rule 92 ter Statements as Previous Inconsistent Statements
2010-03-30, The Hague, The Netherlands. The Guidance deals with the admission of those parts of Rule 92 ter statements that witnesses fail to attest to in the course of their in-court testimony, and that, as a result, constitute previous inconsistent statements. Previous inconsistent statement may be admitted into evidence for the following two purposes (TC [...]
Posted in ICTY Also tagged Alan Tieger, Alphons Orie, Andrew Cayley, Ante Gotovina, Elizabeth Gwaunza, Gillian Higgins, Goran Mikulicic, Gregory Kehoe, IT-06-90-T, Ivan Cermak, leges specialis, lex generalis, Luka MiSetid, Mladen Markac, Payam Akhavan, previous inconsistent statement, prior inconsistent statement, Rule 89(C), Rule 92 bis, Rule 92 quater, Rule 92 ter, statement, Stefan Waespi, Steven Kay, Tomislav Kuzmanovic, Uldis Kinis Comments closed
ICTY: Karadzic: Decision on Guidelines for the Admission of Evidence through Witnesses