UNITED

NATIONS

Case No. IT-09-92-T
Date: 23 May 2013

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


IN THE TRIAL CHAMBER I

Before: Judge Alphons Orie, Presiding
Judge Bakone Justice Moloto
Judge Christoph Flgge

Registrar: Mr. John Hocking

THE PROSECUTOR

v.

RATKO MLADIC

Public with
Confidential Annexes A and B





PROSECUTION RULE 92TER MOTION: MICO GAVRIC (RM245)



The Office of the Prosecutor:
Mr. Dermot Groome
Mr. Peter McCloskey
Counsel for Ratko Mladic:
Mr. Branko Lukic
Mr. Miodrag Stojanovic


60795 IT-09-92-T
D60795 - D60749
24 May 2013 MB
Case No. IT-09-92-T 1 23 May 2013
THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA


Case No. IT-09-92-T

THE PROSECUTOR
v.
RATKO MLADIC

Public with
Confidential Annexes A and B


PROSECUTION RULE 92TER MOTION: MICO GAVRIC (RM245)


I. INTRODUCTION
1. The Prosecution seeks leave of the Trial Chamber to adduce the evidence of
Mico Gavric (RM245) pursuant to Rule 92ter of the Tribunal`s Rules of Procedure
and Evidence (Rules). Gavric is currently scheduled to testify during the week of 24
June 2013.
2. Gavric testified as a defence witness in Prosecutor v. Blagojevic
1
and
Prosecutor v. Popovic et al.
2
He has not previously testified before the Tribunal as a
Prosecution witness. Gavric was interviewed by the OTP on 28 November 2001.
However, while his audio-recorded interview was transcribed,
3
it was not reduced to a
signed ICTY Witness Statement.
3. Having carefully considered Gavric`s previous evidence, the Prosecution has
selected excerpts from his 2008 Popovic testimony to tender in this case. These
excerpts comprise a total of approximately 31 substantive pages of Gavric`s 162-page
Popovic transcript of evidence (Popovic Transcript).
4
The Popovic Transcript
contains a focused account of Gavric`s cross-examined evidence concerning the 17
July 1995 terrain sweep by VRS and other Bosnian Serb forces, during which he
captured 38 Bosniak prisoners. Additionally, the Prosecution also tenders a total of

1
Prosecutor v. Blagojevic, Case No.IT-02-60-T, (Blagojevic), 3-4 May 2004.
2
Prosecutor v. Popovic et al., Case No.IT-05-88-T, (Popovic), 1-2 October 2008.
3
ERN L007-2899-L007-2987 (Eng); L007-8834-L007-8911 (BCS).
4
In total, Gavric`s testimony in the Blagojevic and Popovic comprises approximately 315 transcript
pages.
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Case No. IT-09-92-T 2 23 May 2013
five associated exhibits. The admission of the Popovic Transcript, together with these
associated exhibits, will allow the Prosecution to present Gavric`s evidence concisely
and efficiently. Moreover, this evidence is consistent with the stated purpose of the
Chamber`s Guidance.
4. The Prosecution recognises that while the Chamber generally prefers written
statements in lieu of prior testimony, the most important is [the Guidance`s] purpose,
namely to achieve a focused presentation of evidence and ensuring that the Chamber
is not flooded with evidence that the parties anyway do not intend to rely on in the
end.
5
The Chamber recently indicated that transcripts amounting to 50 pages or less
may be consistent with its Guidance.
6
In the circumstances, the purpose of the
Guidance and the interests of justice are best achieved through tendering discrete
excerpts of Gavric`s prior Popovic testimony.
5. Attached to this application at Confidential Annex A is a chart summarising
Gavric`s Rule 92ter evidence. Confidential Annex B attaches the Popovic Transcript
excerpts for which admission is sought.
II. APPLICABLE LAW
6. The Prosecution incorporates by reference its summary of the applicable law
set forth in paragraphs 5 and 6 of its Prosecution 92ter Motion: RM505.
7

III. DISCUSSION
A. The Chamber should admit RM245`s Popovic Transcript pursuant to
Rule 92ter
7. The Popovic Transcript is limited and contains only that portion of Gavric`s
prior evidence relating to the 17 July 1995 terrain sweep. It comprises the best
available evidence of the witness concerning this event, namely his under oath, cross-
examined testimony before this Tribunal. Further, the Popovic Transcript satisfies all
of the admissibility requirements of Rules 89 and 92ter(A): Gavric will be present in
court; he will be available for cross-examination by the Defence and any questioning
by the Chamber; and he will attest to the accuracy of his prior testimony. It is
admissible under the Tribunal`s Rules and permissible under the Chamber`s
Guidelines.

5
Prosecutor v. Mladic, Case No.IT-09-92-T (Mladic), T.526, 9 July 2012.
6
Mladic, T.11113, 14 May 2013.
7
Mladic, Prosecution 92ter Motion: RM505, 2 April 2012.
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Case No. IT-09-92-T 3 23 May 2013
8. Gavric`s evidence supports the charges in Scheduled Incident E.2 (Cerska
Valley). In July 1995, Gavric was the Bratunac Brigade Chief of Artillery. On 17 July
1995 he received orders from Brigade Commander Col. Blagojevic to take part in a
sweep of the terrain from Kravica to Konjevic Polje. Gavric`s unit conducted this
operation along with the Commander of the Brigade`s 3
rd
Battalion Dragan Zekic, and
with Dusko Jevic, leading a MUP Special Police Brigade unit. The Milici Brigade and
other VRS units also took part in the operation.
9. Arriving in the area of Kamenica, Gavric`s unit came across a large group of
Muslim corpses. As he described it, there were so many bodies that one could move
from one to another without touching the ground.
10. During the sweep, Gavric`s unit captured 38 prisoners, including three
children. He ordered the prisoners` hands to be tied and handed the adults over to
Dusko Jevic`s unit. He took the three minors to the Bratunac Brigade command where
he handed them over to the military police.
Adjudicated Facts
11. The Prosecution has analysed Gavric`s evidence in light of the accepted
Adjudicated Facts and has not made any redactions to the Popovic Transcript. In
evaluating the tendered evidence, the Prosecution considered Adjudicated Facts 1472-
1473 and 1522-1529. Although Gavric`s evidence is relevant to these facts, there is no
overlap.
B. The Chamber should admit five associated exhibits through RM245
pursuant to Rule 92ter
12. The Prosecution seeks the admission of five associated exhibits, discussed in
Gavric`s Popovic testimony. Each forms an inseparable and indispensable part of the
Popovic Transcript, has probative value, and meets the requirements for admission as
an associated exhibit under the Tribunal`s jurisprudence.
8

13. Four of these exhibits are reports or orders of the Bratunac Brigade or Milici
brigades. Each report or order relates directly to the sweep operations conducted in
the area of Kamenica to Konjevic Polje. Gavric contextualises each of these exhibits,
which in turn corroborate his evidence. Thus, their exclusion would diminish the

8
See Prosecutor v. Karadzic, Case No.IT-95-5/18, Decision on Prosecution`s Submission regarding
Additional Transcript Pages from Momcilo Mandic`s Stanisic & Zupljanin Testimony for Admission
into Evidence, 8 September 2010, para.5; Prosecutor v. Lukic & Lukic, Case No. IT-98-32/1-T,
Decision on Confidential Prosecution Motion for the Admission of Prior Testimony with Associated
Exhibits and Written Statements of Witnesses pursuant to Rule 92ter, 9 July 2008, para.15.
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Case No. IT-09-92-T 4 23 May 2013
probative value of Gavric`s testimony. The fifth exhibit is an excerpt from the ICMP
database concerning several individuals who were among the 38 people captured by
Gavric`s unit. As Gavric was confronted with this document during cross-
examination, his related testimony would be incomprehensible were the Chamber to
exclude it.
IV. RELIEF REQUESTED
14. For the foregoing reasons, the Prosecution requests that the Chamber grant the
Prosecution leave to present the evidence of Mico Gavric (RM245) pursuant to Rule
92ter, and admit the Popovic Transcript and the five associated exhibits.
Word Count: 1,052

Respectfully submitted,




Dermot Groome
Senior Trial Attorney




Peter McCloskey
Senior Trial Attorney


Dated this 23
rd
day of May 2013
The Hague, Netherlands

60791