Admissibility of translations of evidence admitted at trial

Notion(s) Filing Case
Decision on Additional Evidence - 20.10.2011 POPOVIĆ et al.
(IT-05-88-A)

30. With respect to the document in Annex 6 to the Motion, which indeed appears to be a different translation of Exhibit P01310,[1] the Appeals Chamber recalls that when the original language version of an exhibit is already part of the trial record, “the English translation of the exhibit does not constitute ‘new’ or ‘additional’ evidence pursuant to Rule 115 of the Rules”.[2] Moreover, challenges concerning the Trial Chamber’s interpretation of a translated document in evidence are matters for the consideration of the merits of the appeal.[3] Without prejudice to Popović’s respective arguments in his Appeal Brief, the Appeals Chamber therefore declines to consider the document in Annex 6 to the Motion for the purposes of admission of additional evidence on appeal.

[1] See supra, paras 17, 21.

[2] Prosecutor v. Milan Lukić and Sredoje Lukić, Case No. IT-98-32/1-A, Decision on Milan Lukić’s First Motion to Admit Additional Evidence on Appeal, 6 July 2011, p. 1.

[3] Cf. Ferdinand Nahimana et al. v. The Prosecutor, Case No. ICTR-99-52-A, Decision on Ferdinand Nahimana’s Motion for the Translation of RTLM Tapes in Exhibit C7, 20 November 2006, para. 13.

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ICTR Rule Rule 115 ICTY Rule Rule 115
Notion(s) Filing Case
Decision on Additional Evidence - 06.07.2011 LUKIĆ & LUKIĆ
(IT-98-32/1-A)

NOTING that Exhibit 1D39 was “inadvertently” admitted into evidence at trial in Bosnian/Serbian/Croatian (“B/C/S”) only[1] and that the English translation of this exhibit does not currently form part of the trial record;

CONSIDERING that since the B/C/S version of Exhibit 1D39 is already part of the trial record, the English translation of the exhibit does not constitute “new” or “additional” evidence pursuant to Rule 115 of the Rules;

NOTING that, if necessary for deciding the merits of Lukić’s appeal, the Appeals Chamber may at a later stage request, proprio motu, the Registry to provide a complete translation of Exhibit 1D39 into the working languages of the Tribunal;[2]

[1] Trial Judgement [Prosecutor v. Milan Lukić and Sredoje Lukić, Case No. IT-98-32/1-T, Judgement, 20 July 2009], para. 570.

[2] Cf. Prosecutor v. Pavle Strugar, Case No. IT-01-42-A, Order for Translation, 3 October 2007, p. 2, referring to Aloys Simba v. The Prosecutor, Case No. ICTR-01-76-A, Order for Translation, 3 July 2007, p. 2.

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ICTR Rule Rule 115 ICTY Rule Rule 115