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Tag Archives: probative value
ICTY: Karadzic: Second Defence Motion Re Disclosure Violations Denied
2010-06-17, The Hague, The Netherlands. The Trial Chamber denied the defence motion seeking the exclusion of 14 pieces of evidence due to their late disclosure and/or seeking certification from the OTP that disclosure pursuant to Rule 66(A)(ii) has been completed. The Trial Chamber found that the reasons the OTP gave for the delayed disclosure, including “recent [...]
Posted in ICTY Also tagged Alan Tieger, deadline, effective remedy, errors, exceptional measure, exclusion of evidence, Flavia Lattanzi, Hildegard Uertz-Retzlaff, Howard Morrison, IT-95-5/18-T, late disclosure, Melville Baird, motion, O-Gon Kwon, oversight, practical remedy, prejudice, prejudicial impact, Radovan Karadzic, Richard Harvey, Rule 66(A)(ii), substantially outweighed Comments closed
ICTY: Perisic: TC Admits Evidence of Babic, Deronjic & Dukic under Rule 92 Quater
2010-04-21, The Hague, The Netherlands. The Trial Chamber granted the defence’s motion to admit evidence of Milan Babic, Miroslav Deronjic and Dorde Dukic under Rule 92 quater. Statement of Law. In order to admit evidence under Rule 92 quater, the Chamber should be satisfied that the person is unavailable; the evidence which is sought to [...]
Posted in ICTY Also tagged Bakone Justice Moloto, credibility, cross-examination, cumulative relevance, Daniel Saxon, Dorde Dukic, evidence, Gregor Guy-Smith, indictment, interpreter, issue of central importance, IT-04-81-T, manifest or obvious inconsistencies, Mark Harmon, Michele Picard, Milan Babic, Miroslav Deronjic, motion, Novak Lukic, oath, Pedro David, purpose for admission, relevance, reliable, Rule 89 (C), Rule 92 quater, Rules of Procedure and Evidence, temporal scope, trial record, unavailable, unsworn statement Comments closed
ICTY: Karadzic: TC Reiterates Its Refusal to Hear Deronjic’s Evidence
2010-04-20, The Hague, The Netherlands. The Chamber refused to reconsider its earlier decision to admit Miroslav Deronjic’s evidence under Rule 92 quater. Statement of Law – Reconsideration. The power of the Chamber to reconsider its decision is not provided for in the Statute or the Rules, but is established by the ICTY’s jurisprudence. The party seeking [...]
Posted in ICTY Also tagged Alan Tieger, certification, evidence, fair trial, Flavia Lattanzi, Hildegard Uertz-Retzlaff, Howard Morrison, IT-95-5/18-T, Melville Baird, Miroslav Deronjic, O-Gon Kwon, Radovan Karadzic, reconsideration, reliability, Richard Harvey, Rule 73(B), Rule 89, Rule 92 quater Comments closed
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, admission, 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, 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
ICTR: Karemera: Motion to Vary Nzirorera's Witness List Granted
2010-04-07, Arusha, Tanzania. The Trial Chamber III allowed Nzirorera to add Jean-Baptiste Ndalihoranye and Juvénal Rugambarara to his witness list. These two witnesses were dropped from Ngirumpatse’s witness list in January 2010. Statement of Law. A witness list can be varied where there is good cause and it is in the interest of justice to [...]
Posted in ICTR Also tagged adverse impact, Chantal Hounkpatin, complexity, Dennis C. M. Byron, Dior Diagne Mbaye, Don Webster, Edouard Karemera, extermination Tutsis, Félix Sow, Frederic Weyl, Gberdao Gustave Kam, ICTR-98-44-T, Jean-Baptiste Nsanzimfura, Joseph Nzirorera, justification, materiality, Matthieu Ngirumpatse, MRND, Patrick Nimy Mayidika Ngimbi, Peter Robinson, Political Bureau, prejudice, rally, Rule 73 ter, Rule 73 ter (E), Rules of Procedure and Evidence, Saidou N’Dow, Sunkarie Ballah-Conteh, Takeh Sendze, testimony, Vagn Joensen, variation, witness list Comments closed
ICTY: Seselj: Evidence of the Destruction of Cultural Heritage Admitted into Evidence
2010-04-14, The Hague, The Netherlands. The Chamber granted, in part, a request of the OTP to admit a Report of Andras Riedlmayer with annexes, exhibits and photographs. Statement of Law factors for determining whether to admit documents into evidence: prima facie relevance, reliability and probative value of the evidence; a final assessment of the evidence [...]
Posted in ICTY Also tagged Andras Riedlmayer, articles, competency, criminal liability, crucial for understanding, cultural sites, destruction, expert, expert report, final assessment, Flavia Lattanzi, Frederik Harhoff, impartiality, inadmissible, international criminal procedure, IT-03-67-T, Jean-Claude Antonetti, library, Mathias Marcussen, mosque, photographs, prima facie relevance, reliability, responsibility, Rule 94 bis, ultimate questions, Vojislav Sese1j, weight of the evidence Comments closed
ICTY: Stanisic: Decision on the OTP’s 14th Motion to Amend the Rule 65ter Exhibit List
2010-04-16, The Hague, The Netherlands. Judge Orie granted the OTP’s 14th request to amend the Rule 65 ter Exhibit List. Statement of Law under Rule 65 ter (E) (iii) the OTP shall file its list of exhibits no later than six weeks before the Pre-Trial Conference; the authority to allow to amend the Rule 65 [...]
Posted in ICTY Also tagged adequate time and facilities, Alphons Orie, amendment, burden, Elizabeth Gwaunza, excerpts, Exhibit list, expeditious trial, Franko Simatović, good cause, inherent discretion, IT-03-69-T, Jovica Stanišić, managing the trial proceedings, Michele Picard, obviously irrelevant, prima facie relevant, Rule 65 ter, Rule 65 ter (E)(iii) Comments closed
ICTY: Tolimir: OTP Allowed to Amend Rule 65ter Witness List