Prosecution case opens in Karadzic trial 13 Apr 2010
After several delays, the ICTY has begun to hear evidence in the trial of Radovan Karadzic.

On 13 April 2010 the trial of ex-Bosnian Serb President Radovan Karadžić resumed before the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague. The Prosecution has now begun presenting its evidence against the accused, who is charged with 11 counts of genocide, war crimes, and crimes against humanity.

The trial resumes after Judges denied a motion to stay proceedings on 8 April. Karadžić had complained about the use of so-called ‘adjudicated facts’, evidence that has been cited in other cases before the ICTY. Karadžić argued that use of this evidence was unfair, since it did not allow him the chance to cross-examine witnesses on their testimony. He argued that 1500 statements and parts of testimony would be used without the chance to challenge the evidence, thereby violating his right to be presumed innocent. The use of adjudicated facts is now common practice at the ICTY, and allows a Trial Chamber to discover facts that were established in earlier proceedings. Judges dismissed the motion, holding that the accused would have an opportunity to challenge the evidence at a later stage. The Chamber held that “[it] is not satisfied that there has been any violation of the accused's right to a fair trial which would justify a stay of the proceedings."

Karadžić delivered his opening statement in March. However, the trial had been further postponed pending a decision of the Appeals Chamber on the date of the trial.  On 31 March the appeal was dismissed, allowing the trial to continue to the evidence phase.

The trial officially began with the Prosecution’s opening statement in October last year, however Karadžić boycotted the beginning of the trial, arguing that he had not had sufficient time to prepare. The Trial Chamber then ordered standby counsel, and ordered a five-month adjournment to allow time for counsel to prepare.  Karadžić still maintains that he has not had sufficient time to prepare, but has indicated that he will attend the trial nonetheless.

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