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Mladić: Witness Statement- Paul Groenewegen

Mladić: Witness Statement- Paul Groenewegen

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Published by ICTY News
Mladić Witness Statement Paul Groenewegen
Mladić Witness Statement Paul Groenewegen

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Published by: ICTY News on May 01, 2013
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UNITEDNATIONS
 Case No.
 
IT-09-92-TDate: 22 March 2013International Tribunal for theProsecution of PersonsResponsible for Serious Violations of International Humanitarian LawCommitted in the Territory of theformer Yugoslavia since 1991
 IN THE TRIAL CHAMBER I Before: Judge Alphons Orie, PresidingJudge Bakone Justice MolotoJudge Christoph Flügge
 
Registrar: Mr. John HockingTHE PROSECUTORv.RATKO MLADI]
Public with Annexes A and B 
P
ROSECUTION
R
ULE
92
TER 
 
M
OTION
:
 
P
AUL
G
ROENEWEGEN
(RM248)
 
The Office of the Prosecutor:
 Mr. Dermot GroomeMr. Peter McCloskey
Counsel for Ratko Mladi}:
 Mr. Branko Luki}Mr. Miodrag Stojanovi}
56052IT-09-92-TD56052 - D5601222 March 2013 MB
 
 
Case No. IT-09-92-T 1 22 March 2013
THE INTERNATIONAL CRIMINAL TRIBUNALFOR THE FORMER YUGOSLAVIACase No. IT-09-92-TTHE PROSECUTORv.RATKO MLADI]
Public with Annexes A and B 
P
ROSECUTION
R
ULE
92
TER 
 
M
OTION
:
 
P
AUL
G
ROENEWEGEN
(RM248)I. INTRODUCTION
1.
 
The Prosecution seeks leave of the Trial Chamber to adduce the evidence of Paul Groenewegen (RM248) pursuant to Rule 92
ter 
of the Rules of Procedure andEvidence (“Rules”). Groenewegen is currently scheduled to testify the week of 22April 2013.2.
 
Groenewegen has previously provided to the Office of the Prosecutor aWitness Statement dated 29 September 1995.
1
He also testified in the
Karad`i} 
and
 Mladi} 
Rule 61 Hearings,
2
Prosecutor v. Blagojevi} and Joki},
3
Prosecutor v.Popovi} et al.,
4
Prosecutor v. Tolimir 
5
 
and
Prosecutor v. Karad`i} 
.
6
Groenewegenhas signed an ICTY Amalgamated Witness Statement dated 11 November 2011(“Amalgamated Statement”) consolidating his testimony in
 Blagojevi} and Joki} 
,
Popovi} 
and
Tolimir 
with some additional clarifications and observations.
7
TheProsecution recognizes the preference of the Chamber to receive written statements
in
 
lieu
of prior testimony. The Prosecution further recognizes the Chambers’ guidancethat “most important is its purpose, namely to achieve a focused presentation of 
1
ERN 0043-8750-0043-8754 (ENG), ERN 0081-6629-0081-6634 (BCS), ERN 0043-8755-0043-8760 (Dutch).
2
Case Nos.IT-95-18-R1 and IT-95-5-R61, 4 July 1996 (ERN 0081-2130-0081-2145 (ENG), ERN0081-5077-0081-5091 (BCS)).
3
 
Prosecutor v. Blagojevi} and Joki},
IT-02-60-T, (“
 Blagojevi} 
”), 10 July 2003.
4
 
Prosecutor v. Popovi} et al.,
IT-05-88-T, (“
Popovi} 
”), 25 October 2006.
5
 
Prosecutor v. Tolimir,
IT-05-88/2-T, (“
Tolimir 
”), 15 April 2010.
6
 
Prosecutor v. Karad`i},
IT-95-5/18-T, (“
Karad`i} 
”), 13 January 2012.
7
 
ERN 0681-0632-0681-0645 (ENG), ERN 0681-0632-0681-0645-BCSDT.
56051
 
 
Case No. IT-09-92-T 2 22 March 2013
evidence and ensuring that the Chamber is not flooded with evidence that the partiesanyway do not intend to rely on in the end.”
8
After a careful review of Groenewegen’s statements and prior testimony, the Prosecution tenders hisAmalgamated Statement which comprises 12 pages. The Prosecution also tendersseven exhibits associated with his Amalgamated Statement.3.
 
Attached to this application as
Confidential Annex A
, is a chart summarizingGroenewegen’s Rule 92
ter 
evidence.
Confidential 
 
Annex B 
attaches his ICTYAmalgamated Statement for which admission is sought.
II. APPLICABLE LAW
4.
 
The Prosecution incorporates by reference its summary of the applicable lawset forth in paragraphs 5 and 6 of its Prosecution 92
ter 
Motion: RM505.
9
 
III. DISCUSSIONA. The Chamber should admit RM248’s ICTY Amalgamated Statement andassociated exhibits pursuant to Rule 92
ter 
 
5.
 
Groenewegen’s Amalgamated Statement satisfies all of the admissibilityrequirements of Rules 89 and 92
ter 
(A). The witness will attest to the accuracy of histhis statement; he will be present in court; and he will be available for cross-examination by the Defence. The proffered Amalgamated Statement is thereforeadmissible under the Rules, and permissible under the Chamber’s Guidelines.6.
 
Groenewegen was a member of DutchBat in July of 1995. He was posted inPoto~ari from January to July 1995. His main duty was to patrol the area. He wasstationed at OP Mike in early July, when VRS soldiers began firing at DutchBat andon 10 July, returned to Poto~ari. Early the next morning Groenewegen witnessed thearrival of refugees from Srebrenica. DutchBat soldiers were tasked with ensuring therefugees made it safely to the UN compound. The refugees continued to arrive and bythe evening of 11 July, thousands were present inside and outside the UN compound.Groenewegen saw VRS soldiers approaching Poto~ari from the north on 12 July. Healso saw houses burning on their path. DutchBat created a buffer zone to protect therefugees from the VRS soldiers. Groenewegen saw bread being distributed by theVRS to the refugees in what appeared to be a propaganda stunt before cameras.
8
 
Prosecutor v. Mladi},
IT-09-92-T (“
 Mladi} 
”), T.526.
9
 
 Mladi},
Prosecution 92
ter 
Motion: RM505, 2 April 2012.
56050

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