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Edina Residovic, Mr. Ekrem Galijatovic, Mr. Zeljko Olujic, Mr. Michael Greaves for Zdravko Mucic Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Easy tape suisse anti aging Mr. John Ackerman, Ms. The first application is for leave to file an out-of-time-application to exclude the transcripts of certain pre-trial interviews held between Zdravko Mucic and officials of the Austrian Police Force on 18 March and with officials of the Prosecution on 19, 20 and 21 March "Statements" from evidence Official Record at Registry Page "RP" D - D The second application is the substantive application to exclude the Statements "Application" and it is the one which is the subject matter of this Decision RP D - D On the same date, the Trial Chamber heard oral arguments from both the Defence and the Office of easy tape suisse anti aging Prosecutor "Prosecution" on the first application.
It ruled in favour of the Defence, thereby granting the Defence leave to present the Application. However, the Trial Chamber deferred hearing oral arguments on the Application until after the examination of the witnesses through whom the Prosecution will seek to tender the Statements into evidence.
The Trial Chamber heard the examination of the Prosecution witnesses relating to the Statements and on 12 Juneheard oral arguments on the Application from both the Prosecution and the Defence. Thereafter, the Trial Chamber delivered an oral ruling granting the Application in part and denying it in part.
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It reserved its written decision to a easy tape suisse anti aging date. Applicable Provisions 1.
The following provisions of the Statute of the International Tribunal and the Rules are relevant to the inversare anti îmbătrânire frumusețe totală of the Motion. Article 18 Investigation and preparation of indictment 1.
The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organizations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed.
The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations.
In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned. If questioned, the suspect shall be entitled to be assisted by counsel of his own choice, including the right to have legal assistance assigned to him without payment by him in any such case if he does not have sufficient means to pay for it, as well as to necessary translation into and from a language he speaks and understands.
Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute.
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The indictment shall be transmitted to a judge of the Trial Chamber. Article 19 Review of the indictment 1. The judge of the Trial Chamber to whom the indictment has been transmitted shall review it.
If satisfied that a prima facie case has been established by the Prosecutor, he shall confirm the indictment. If not so satisfied, the indictment shall be dismissed.
Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other orders as may be required for the conduct of the trial. Easy tape suisse anti aging 20 Commencement and conduct of trial proceedings 1.
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The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses. A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the International Tribunal, be taken into custody, immediately informed of the charges easy tape suisse anti aging him and transferred to the International Tribunal.
The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea.
The Trial Chamber shall then set the date for trial.
The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence. Article 21 Rights of the Accused.
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Rule 5 Non-compliance with Rules Any objection by a party to an act of another party on the ground of non-compliance with the Rules or Regulations shall be raised at pinceau real technique suisse anti aging earliest opportunity; it shall be upheld, and the act declared null, only easy tape suisse anti aging the act was inconsistent with the fundamental principles of fairness and has occasioned a miscarriage of justice.
Rule 42 Rights of Suspects during Investigation A A suspect who is to be questioned by the Prosecutor shall have the following rights, of which he shall be informed by the Prosecutor prior to questioning, in a language he speaks and understands: i the right to be assisted by counsel of his choice or to have legal assistance assigned to him without payment if he does not have sufficient means to pay for it; ii the right to have the free assistance of an interpreter if he cannot understand or speak the language to be used for questioning; and iii the right to remain silent, and to be cautioned that any statement he makes shall be recorded and may be used in evidence.
B Questioning of a suspect shall not proceed without the presence of counsel unless the suspect has voluntarily waived his right to counsel. In case of waiver, if the suspect subsequently expresses a desire to have counsel, questioning shall thereupon cease, and shall only resume when the suspect has obtained or has been assigned counsel. Rule 63 Questioning of Accused A Questioning by the Prosecutor of an accused, including after the initial appearance, shall not proceed without the presence of counsel unless the accused has voluntarily and expressly agreed to proceed without counsel present.