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UNITED NATIONS
63368
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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-T
Date:
1 July 2013
Before:
Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Flgge Mr. John Hocking THE PROSECUTOR v. RATKO MLADI]
Registrar:
Mr. Dermot Groome Mr. Peter McCloskey Counsel for Ratko Mladi}:
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I. 1.
INTRODUCTION The Prosecution seeks leave of the Trial Chamber to adduce the evidence of
Christopher Lawrence (RM613), pursuant to Rule 92ter of the Tribunals Rules of Procedure and Evidence (Rules). The Prosecution files this motion on an urgent basis, as Dr. Lawrence is currently scheduled to testify the week of 15 July 2013. In an Oral Decision on 24 May 2013, the Chamber instructed the Prosecution to make Dr. Lawrence available for cross-examination. The Prosecution used the intervening time between that Decision and this filing to select appropriate Rule 92ter material from Dr. Lawrences prior testimony in four ICTY trials, spanning four days of testimony and numerous associated exhibits. 2. Dr. Lawrence testified in Prosecutor v. Krsti},1 Prosecutor v. Popovi} et al.,2
Prosecutor v. Tolimir,3 and Prosecutor v. Karad`i}.4 After a careful review, the Prosecution tenders excerpts of his Krsti} and Karad`i} testimony (Transcript Excerpts). The Transcript Excerpts comprise approximately 39 pages with 11 associated exhibits from the Krsti} case and approximately 10 pages from the Karad`i} case. Their admission will allow for an efficient and focused presentation of his evidence.
1 2 3 4
Prosecutor v. Krsti}, Case No. IT-98-33-T, (Krsti}), 31 May 2000. Prosecutor v. Popov} et al., Case No. IT-05-88-T, 21 February 2007. Prosecutor v. Tolimir, Case No. IT-05-88/2-T, 8 November 2010. Prosecutor v. Karad`i}, Case No. IT-95-05/18-T, (Karad`i}), 8 December 2011.
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3. sought.
evidence. Public Annex B attaches the Transcript Excerpts for which admission is
II. APPLICABLE LAW 4. The Prosecution incorporates by reference its summary of the applicable law
III.
DISCUSSION
A. The Chamber should admit RM613s Transcript Excerpts pursuant to Rule 92ter. 5. Dr. Lawrences Transcript Excerpts satisfy all of the admissibility requirements of Rules 89 and 92ter(A). The witness will attest to the accuracy of his testimony; he will be present in court; and he will be available for cross-examination by the Defence. The Transcript Excerpts are therefore admissible under the Rules, and permissible under the Chambers Guidelines. 6. Dr. Lawrence is a qualified forensic pathologist and has been the state
pathologist for Tasmania, Australia, since 2000. In 1998, he worked for the Office of the Prosecutor as the Chief Pathologist for Bosnia Exhumations. In this capacity, Dr. Lawrence performed and oversaw autopsies on victims recovered from mass graves associated with the fall of Srebrenica, including the primary grave site of Petkovci Dam and the secondary grave sites of ^an~ari Road 12, ^an~ari Road 3, Hod`i}i Road 3, 4 and 5, Zeleni Jadar 5 and Liplje 2. He has produced a report for each of these grave sites summarising the results of the post mortem examinations of the remains and authored a report on the recovery of human remains during a preliminary assessment of the Kozluk site (Reports). 7. The Reports are relevant to matters at issue in this case and have probative
value. The Reports relate to the post-mortem examinations of bodies recovered from one primary and seven secondary Srebrenica-related grave sites in 1998, as well as the examination of remains recovered during a preliminary assessment of the Kozluk mass grave. They describe the state of the human remains, associated artifacts such as blindfolds and ligatures, and detail findings as to injuries and cause of death.
Prosecutor v. Ratko Mladi}, Case No. IT-09-92-T (Mladi}), Prosecution 92ter Motion: RM505, 2 April 2012.
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8.
Dr. Lawrence has written a report summarizing the results of these 1998 post
mortem examinations, and a summary of his findings reflects: a minimum of 883 bodies were found in the graves, all of the victims for whom gender was identifiable were male, and the majority of victims died of wounds caused by shots from medium, high-powered rifles, consistent with mass execution. Additionally, his examination revealed that a portion of the victims in ^an~ari Road 3 and ^an~ari Road 12 grave sites were found with ligatures and/or blindfolds. 9. The Prosecution has analysed Dr. Lawrences evidence in light of the accepted
Adjudicated Facts. While some of his evidence touches on the accepted Adjudicated Facts 1626, 1627, 1642, 1643 and 1649, the overlap is not complete and Dr. Lawrences evidence adds important context and detail. Accordingly, no redactions to the Transcript Excerpts have been made. 10. The Prosecution seeks the admission of 11 associated exhibits, comprising (1)
Dr. Lawrences Curriculum Vitae; (2) a chart showing bodies moved from primary to secondary grave sites, indicating the sites worked on by Dr. Lawrence; (3) nine expert reports written by Dr. Lawrence, which have been admitted as exhibits in the Krsti} case and for which Rule 94bis notice was provided6. These exhibits form an inseparable and indispensable part of the Transcript Excerpts. They are relevant, have probative value, and meet the requirements for admission as associated exhibits under the Tribunals jurisprudence. Each was used with the witness in explaining his work and will reasonably assist the Trial Chamber in comprehending his evidence. The Prosecution will separately tender Dr. Lawrences expert reports concerning the ligatures found in the ^an~ari Road 3 and ^an~ari Road 12 grave sites7. IV. 11. RELIEF REQUESTED For the foregoing reasons, the Prosecution requests that the Chamber grant the
Prosecution leave to present the evidence of Christopher Lawrence pursuant to Rule 92ter, and admit the Transcript Excerpts and associated exhibits.
Mladi}, Prosecutions Notice of Disclosure of Expert Reports of Six Forensic Expert Witnesses Pursuant to Rule 94bis, 6 November 2012. pp. 4-5. 7 Ibid, p. 4.
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Respectfully submitted,
Peter McCloskey Senior Trial Attorney Dated this 1st day of July 2013 The Hague, Netherlands
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Public
ANNEX A
TO
URGENT PROSECUTION RULE 92TER MOTION: CHRISTOPHER LAWRENCE (RM613) 92TER SUMMARY CHART FOR CHRISTOPHER LAWRENCE (RM613)
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31 May 2000
8 December 2011
No
Associated Exhibits
Description
Mladi} 65ter
Number
Krsti}
Exhibit Number
ERN (Eng/BCS)
Under Seal
04574
P221
0184-5723-0184-5727 0184-5723-0184-5727BCSDT
No
Chart showing primary to secondary grave sites with the sites worked on by the expert highlighted Report on Bodies Recovered Near Kozluk in 1998 Report on Autopsies of Human Remains from the Dam Site June 1998
Report on Autopsies of Human Remains from ^an~ari Road Site 12, August 1998
Report on Autopsies of Human Remains from ^an~ari Road Site 3, August-September 1998
T.3978, T.3979, T.3997-3999, T.4033 T.3980, T.3981, T.4033 T.3980, T.3992-3994, T.3996, T.4016-.4018, T.4033 T.3980, T.3982-3984, T.3996, T.4016-4018, T.4033 T.3980, T.3985, T.3987, T.3988, T.3995-4016, T.4016-4018, T.4030, T.4031, T.4033
04575
P259
0219-4150-0219-4151 0096-7519-0096-7519
No
04576
P260
X003-7940-X003-7940 0091-7954-0091-7954
No
04577
P261
X003-7941-X003-7966 0092-1689-0092-1721
No
04578
P262
X003-8185-X003-8238 0092-0426-0092-0479
No
04579
P263
X003-8135-X003-8184 0092-0597-0092-0652
No
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04581
P265
X003-8035-X003-8064 0092-2932-0092-2961
No
04582
P266
X003-8065-X003-8093 0092-3855-0092-3880
No
04583
P267
X003-7967-X003-8010 0092-3784-0092-3827
No
04584
P268
X003-8094-X003-8134 0092-1321-0092-1361
No
ii
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ANNEX B
TO
URGENT PROSECUTION 92TER MOTION: CHRISTOPHER LAWRENCE (RM613) TRANSCRIPT EXCERPTS FROM KRSTI] AND KARAD@I] LAWRENCE (RM613)
OF CHRISTOPHER
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