IT-09-92-T 95413 D95413 - D95411 15 January 2016 MB
UNITED NATIONS
International Tribunal for the Case No.: IT-09-92-T Prosecution of Persons Responsible for Serious Violations of Date: 15 January 2016
International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991
IN TRIAL CHAMBER I
Before: Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Fl ügge
Registrar: Mr. John Hocking
THE PROSECUTOR
v.
RATKO MLADI]
Public
PROSECUTION NOTICE CONCERNING ADJUDICATED FACT 1233
The Office of the Prosecutor : Mr. Alan Tieger Mr. Peter McCloskey
Counsel for Ratko Mladi}: Mr. Branko Luki} Mr. Miodrag Stojanovi} 95412
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-09-92-T
THE PROSECUTOR v. RATKO MLADI]
Public
PROSECUTION NOTICE CONCERNING ADJUDICATED FACT 1233
1. The Prosecution hereby provides notice clarifying its reliance on Adjudicated Fact 1233 (“AF1233”). As discussed in greater detail below, AF1233 relates to the municipality called Bosanski Novi before the war, which was renamed Novi Grad during 1992, not to the Novi Grad municipality in the Sarajevo area (“Novi Grad/Sarajevo”).
2. AF1233 was mistakenly proposed in a section of the Prosecution’s Motion for Judicial Notice of Adjudicated Facts related to Novi Grad/Sarajevo.1 The Chamber took judicial notice of AF1233 on 28 February 2012.2 The fact reads “A May 1993 MUP report indicates that 13,000 Muslims and 40 Croats had left the municipality of Novi Grad while 3,400 Serbs had arrived.”
3. Evidence and adjudicated facts in the case indicate that in 1992 Bosnian Serb authorities designated Serb-claimed areas of the municipality of Novi Grad/Sarajevo as
1 Prosecutor v. Mladi} , Case No.IT-09-92-T (“ Mladi} ”), Prosecution Motion for Judicial Notice of Adjudicated Facts, 9 December 2011 (the “Adjudicated Facts Motion”), Annex A, p.449 (identifying the next facts as related to “Sarajevo Municipalities – Ilid`a and Novi Grad”), 460 (including AF1233). 2 Mladi} , First Decision on Prosecution Motion for Judicial Notice of Adjudicated Facts, 28 February 2012, p.18 (taking judicial notice of inter alia AF1233).
Case No. IT-09-92-T 1 15 January 2016 95411
the Serbian municipality of Rajlovac.3 In 1992, Bosnian Serb authorities renamed the Bosnian Krajina municipality of Bosanski Novi as Novi Grad.4
4. The 1993 MUP report referenced in AF1233 is admitted into evidence as P3216. P3216 emanates from the Banja Luka SNB 5 and the municipalities referenced therein are located within the CSB Banja Luka area of responsibility, i.e., in the Bosnian Krajina.6 Bosanski Novi, which had been renamed as Novi Grad by the time of the report, was within this area of responsibility, but Novi Grad/Sarajevo (including Rajlovac) was not. Consequently, the Prosecution understands that the reference in P3216 and AF1233 to “Novi Grad” is a reference to the Bosnian Krajina municipality of Bosanski Novi, and not to Novi Grad/Sarajevo.
5. This issue is not relevant to the remaining fourteen adjudicated facts in the Novi Grad/Sarajevo section of the Adjudicated Facts Motion. Those fourteen facts directly refer to events in Rajlovac (or the Rajlovac Barracks), 7 Reljevo 8 or Ahatovi}i. 9 All of these locations were within the area declared as Rajlovac municipality 10 and the related facts consequently relate to events in Novi Grad/Sarajevo. The scheduled incidents in the Indictment relevant to Novi Grad relate to events in Novi Grad/Sarajevo.
Word Count: 423
Respectfully submitted,
Peter McCloskey Alan Tieger Senior Trial Attorney Senior Trial Attorney
Dated this 15 th day of January 2016 The Hague, The Netherlands
3 E.g. AF1219. 4 E.g. R.PA[I], T.31109. 5 P03216, p.1; see P03207, para.102. 6 P03216; P03207, para.102. 7 AF1219, 1225-1229. 8 AF1220. 9 AF1219, 1221, 1222-1225, 1230-1232. 10 E.g. P06754.
Case No. IT-09-92-T 2 15 January 2016