1 Monday, 4th May, 1998.
2 ---Upon commencing at 9.15 a.m.
3 JUDGE RODRIGUES: Good morning, ladies and
4 gentlemen. The interpreters and the technicians are
5 ready? Very well, thank you.
6 After this very long break, we are now going
7 to resume with our case. So will the registry please
8 remind us of the number?
9 THE REGISTRAR: This is number IT-95-14/1-T,
10 the Prosecutor versus Zlatko Aleksovski. The office of
11 the Prosecutor, will you please introduce yourself,
12 although we all know each other very well?
13 MR. NIEMANN: Your Honours, please, my name
14 is Niemann. I appear with my colleague, Mr. Meddegoda
15 and Ms. Sutherland for the Prosecution.
16 JUDGE RODRIGUES: The Defence,
17 Mr. Mikulicic?
18 MR. MIKULICIC: Good morning, Your Honours.
19 My name is Goran Mikulicic and, together with my
20 co-counsel, Mr. Joka, we act on behalf of the accused.
21 JUDGE RODRIGUES: All right. We have a day
22 ahead of us and I believe the Prosecutor would like to
23 present his next case. You have the floor,
24 Mr. Niemann?
25 MR. NIEMANN: Your Honours, please, on the
1 last occasion we indicated that our last witness,
2 Professor Bianchini, wouldn't be available today and we
3 endeavoured to see whether he could change that so he
4 could be available today, but these appointments remain
5 fixed, so he will be here tomorrow.
6 Your Honours, Professor Bianchini was to
7 introduce a large number of documents, which is a slow
8 and time-consuming process, and if Your Honours,
9 please, and if it is convenient to the court, it may be
10 fruitful for us to introduce those exhibits today, then
11 when Professor Bianchini comes tomorrow we can proceed
12 with his evidence much more expeditiously rather than
13 being delayed each time with the process of dealing
14 with exhibits one by one.
15 I have spoken to Mr. Mikulicic about this and
16 he has kindly conceded to this procedure which will
17 considerably increase the efficiency of this last
18 witness in terms of exhibits.
19 There's a lot of exhibits, unfortunately,
20 Your Honour.
21 What I thought I might do, is I will
22 introduce them one by one and we can display them on
23 the overhead projector so that they appear on Your
24 Honours' screen and the screen of the Defence and I
25 will just explain them one by one as we go through.
1 Then tomorrow when Professor Bianchini seeks
2 to refer to them, he can just refer to them as tendered
3 exhibits. If that's a course that's convenient and
4 acceptable to Your Honours.
5 JUDGE RODRIGUES: Mr. Niemann, before that,
6 let me first ask Mr. Mikulicic what his position is on
7 this proposal made by Mr. Niemann.
8 MR. MIKULICIC: Your Honours, as my esteemed
9 colleague Mr. Niemann has said, before we started this
10 discussion, we talked about this and the Defence has no
11 reservations to this way of proceeding with the
12 presentation of the case and the tendering of the
13 exhibits to the file.
14 JUDGE RODRIGUES: Thank you very much,
15 Mr. Niemann. You may begin.
16 Thank you, Mr. Mikulicic, I'm sorry.
17 Mr. Niemann, you may proceed.
18 MR. NIEMANN: The next exhibit in order that
19 we would seek to tender, Your Honour --
20 JUDGE RODRIGUES: Mr. Niemann, the
21 microphone, please.
22 MR. NIEMANN: The next exhibit, Your Honours,
23 that we would seek to tender, and I will place this on
24 the overhead projector, relates to the ethnic
25 composition of the Yugoslav People's Army prior to --
1 in 1989 and based on the 1981 statistics.
2 I have a copy for Your Honours and a copy for
3 the registrar and the copy that's on the screen I'll
4 make available to Mr. Mikulicic.
5 Mr. Mikulicic has originally -- should have
6 all of these exhibits. We have provided to him these
7 exhibits previously.
8 If we could be told the exhibit number,
10 THE REGISTRAR: This will be number 105.
11 MR. NIEMANN: Your Honours, the next document
12 is also --
13 Excuse me, Your Honours.
14 Mr. Mikulicic has no objection, Your Honours,
15 because he has seen these before. What I might to, if
16 he doesn't mind, is display them on the screen and then
17 hand them to him at the end of this process. It saves
18 a lot of wandering around the courtroom.
19 I don't know whether Mr. Mikulicic has
20 objection to that, but it will appear on his screen.
21 MR. MIKULICIC: Of course, the Defence agrees
22 to this manner of case presentation, but it would
23 certainly facilitate the work of the Defence if we were
24 to get these documents in parallel so that the Defence
25 could also mark, for its own sake, the exhibit numbers
1 for its purposes so we could react more readily to
2 these documents.
3 If that is not too much of a problem, I would
4 kindly ask that we proceed in this way, if it is at all
5 possible, or perhaps if we could get these documents as
6 a batch later, but they should be marked with the
7 exhibit number which is the number of the exhibit in
8 the file. That would facilitate work for us.
9 MR. NIEMANN: I think it's better for
10 Mr. Mikulicic to have his copy--.
11 JUDGE RODRIGUES: I think that's a practical
12 issue, yes.
13 MR. NIEMANN: --available to him as we
14 progressively get through. The next document, Your
15 Honour --
16 JUDGE RODRIGUES: Thank you, Mr. Niemann.
17 MR. NIEMANN: The JNA, the ethnic composition
18 of the commands of the JNA before 1991, and it's now
19 displayed on Your Honours' screen. I tender that and
20 might it be given the next number in order?
21 THE REGISTRAR: This will be number 106.
22 MR. NIEMANN: The next document, Your
23 Honours, is a map, which I now place on the screen, and
24 this document shows the progressive creation of the
25 Serb-autonomous regions in Bosnia-Herzegovina during
1 the early part of 1991.
2 I have a copy for Mr. Mikulicic and for Your
4 THE REGISTRAR: This will be number 107.
5 MR. NIEMANN: The next document, Your
6 Honours, shows the results of a referendum held in
7 Bosnia relating to the question of the Serb attitude
8 towards the formation of an independent sovereign state
9 of Bosnia-Herzegovina in February of 1991. I supply a
10 copy of that for Your Honours, please.
11 THE REGISTRAR: This will be number 108.
12 MR. NIEMANN: Your Honours, the next document
13 is a table and it relates to the respective sizes of
14 the forces confronting each other in Bosnia-Herzegovina
15 during the early part of the war in 1991. I have a
16 copy for Mr. Mikulicic and for Your Honours.
17 THE REGISTRAR: This is document 109.
18 MR. NIEMANN: The next document, Your
19 Honours, is a map of Bosnia-Herzegovina showing the
20 progressive development of the proclamation of the
21 Croatia autonomous regions in Bosnia-Herzegovina.
22 THE REGISTRAR: Document 110.
23 MR. NIEMANN: The next document, Your
24 Honours, is a map also showing the areas not claimed by
25 either the Bosnian Serbs or the Bosnian Croats, and
1 disputed areas or areas which are claimed by both
2 Bosnian Serbs and Bosnian Croats, again in the period
3 1991-1992. Tender that map, Your Honours.
4 THE REGISTRAR: This is document 111.
5 MR. NIEMANN: The next document, Your
6 Honours, is also a map. It's an historical map showing
7 the State of Croatia or the "benate" of Croatia in
8 1939-1941. I tender that map, Your Honours.
9 THE REGISTRAR: This is document 112.
10 MR. NIEMANN: The next, Your Honour, is also
11 a map, an historical map, showing the concept of
12 Greater Serbia according to one Stefan Mihavic who had
13 a project for the creation of Greater Serbia. I tender
15 THE REGISTRAR: Document 113.
16 MR. NIEMANN: The next map is also a map of
17 Croatia and the Yugoslav State in 1918. I tender a
18 copy of that, Your Honours.
19 THE REGISTRAR: This is document 114.
20 MR. NIEMANN: The next map is a map showing
21 the territory of Croatia during World War II. I tender
22 that, Your Honours.
23 THE REGISTRAR: Number 115.
24 MR. NIEMANN: The next, Your Honour, maps, is
25 a series of maps which we wish to tender as a group, a
1 group of maps, showing the ethnic division in
2 Bosnia-Herzegovina between Muslims, Serbs, and Croats,
3 and then the position with respect to Muslims, the
4 cantonisation, and the state of the proclamation of the
5 area of Krajina in Bosnia-Herzegovina, and if they
6 could be numbered the next exhibit number in order,
7 "A" through to "E"? So I think it would be 116
8 "A" through "E."
9 THE REGISTRAR: Yes, indeed, this is number
10 116 from "A" to "E."
11 MR. NIEMANN: The next document --
12 THE REGISTRAR: I'm missing one copy.
13 MR. NIEMANN: Your Honours, the next document
14 is an anagram which shows the structure of the
15 HV-HVO in the periods 1991-92. I tender that exhibit,
16 Your Honours.
17 THE REGISTRAR: This is number 117.
18 MR. NIEMANN: The next is a document that
19 appears both in the Croatian and the English language,
20 English translation of it. It's the conclusions of a
21 meeting of the community of Herzegovina dated the 12th
22 of November, 1991. I'll just display the English
23 version of this document as the Croatian version of it
24 is not quite so clear.
25 THE REGISTRAR: This is number 118, 118A for
1 the English version.
2 MR. NIEMANN: The next exhibit, Your Honour,
3 is again a map, and it shows the areas affected by the
4 Vance-Owen Plan and will be referred to by Professor
5 Bianchini in the course of his evidence. I tender a
6 copy of that exhibit.
7 THE REGISTRAR: This is number 119.
8 MR. NIEMANN: Next, Your Honour, is a map
9 showing parts of Bosnia-Herzegovina and Croatia and
10 indicating the main cities in Bosnia-Herzegovina and
11 Croatia which will be referred to in the course of
12 Professor Bianchini's evidence. I tender that to Your
14 THE REGISTRAR: Document 120.
15 MR. NIEMANN: The next bundle of documents,
16 Your Honours, appear in both the Croatian and the
17 English version. They consist of a series of orders
18 and decrees made during the course of 1992 in Zagreb
19 and, Your Honours, if these documents in this group can
20 be tendered as one exhibit in a bundle? They will be
21 referred to by Professor Bianchini in the course of his
22 evidence. So perhaps they may be given one bundle
23 number? And they're basically a series of orders
24 during that period of 1992.
25 THE REGISTRAR: This is number 121.
1 MR. NIEMANN: Perhaps each one can be given
2 an alphabetical listing?
3 THE REGISTRAR: Document 121 from "A" through
5 MR. NIEMANN: The next document, Your
6 Honours, is a Security Council Resolution 752 of 30th
7 of May, 1992.
8 THE REGISTRAR: With your permission, could
9 you submit a copy to the Defence of document 121?
10 MR. NIEMANN: We will, Your Honours. We
11 don't have it at the moment. We will make that
13 THE REGISTRAR: This is document 122.
14 MR. NIEMANN: The next document, Your
15 Honours, is a United Nations document, statement made
16 by the President of the Security Council in February
18 THE REGISTRAR: This is document 123.
19 MR. NIEMANN: The next document, Your
20 Honours, is an historical map of Bosnia-Herzegovina
21 that will be referred to by Professor Bianchini in the
22 course of his evidence relating to the movement of
23 personnel in Bosnia during the period of the conflict,
24 and I tender that, Your Honours. And here is the ...
25 THE REGISTRAR: Document 124.
1 MR. NIEMANN: The next exhibit is a similar
2 exhibit of Bosnia-Herzegovina divided into three
3 regions as denoted by the colour relating to the three
4 groups, the Muslim population, and will be referred to
5 again by Professor Bianchini and described by him in
6 the course of evidence, and I tender that as the next
7 exhibit in order.
8 THE REGISTRAR: This is document 125.
9 MR. NIEMANN: The next exhibit, Your Honours,
10 is a bundle of documents that we seek to tender as one
11 exhibit, again which will be referred to by Professor
12 Bianchini in the course of his evidence, and I would
13 ask that they be given one exhibit number and then an
14 alphabetical listing from "A" through to "Q," and I
15 might just indicate the first document, "A," being the
16 Norodni list which has an English translation attached
17 to it and a decision on the foundation of the community
18 of Herceg-Bosna in September 1992, letter "A." Letter
19 "B" is a decision of the President of Croatia
20 recognising Bosnia-Herzegovina as a sovereign
21 independent state, dated the 7th of April, 1992. "C,"
22 Resolution 752 of the Security Council. "D,"
23 Resolution 787 of 1992, dated the 16th of November,
24 1992, Of the security Council of the United Nations.
25 Declaration number 277 of the European Council, and
1 declaration number 278, which is "E." I'm sorry, your
2 Honour, I've just been corrected. It's not the
3 declaration number; that is the number that appears
5 The next is a United Nations document dated
6 the 26th of April, 1993, which consists of the joint
7 statement of the President of Bosnia-Herzegovina,
8 Mr. Izetbegovic, and the President of Herceg-Bosna,
9 Mr. Mate Boban, witnessed by the President of Croatia,
10 Dr. Franjo Tudjman, dated the 23rd of April, 1993.
11 "G" is a report of the Security Council
12 pursuant to Resolution 819 of the 30th of April, 1993.
13 "H" is a note by the President of the Security Council
14 of the United Nations of the 10th of May, 1993. "I" is
15 a joint statement by the President of Serbia, Slobodan
16 Milosevic, and the President of Croatia, Dr. Franjo
17 Tudjman, of the 17th of July, 1993. "J" is a letter
18 dated the 27th of July, 1993, from the permanent
19 representative of Bosnia-Herzegovina to the United
20 Nations, addressed to the Security Council, dated the
21 9th of November, 1993.
22 "K" is a letter dated the 11th of November,
23 1993, from the permanent representative of
24 Bosnia-Herzegovina addressed to the President of the
25 Security Council. "L" is a letter dated the 28th of
1 November, 1993, from the permanent representative of
2 Bosnia-Herzegovina to the United Nations. "M" is a
3 letter dated the 28th of November, 1994, from the
4 permanent representative of Bosnia-Herzegovina to the
5 United Nations, addressed to the President of the
6 Security Council.
7 "N" is a letter dated the 1st of February,
8 1994, from the Secretary-General addressed to the
9 President of the Security Council. "O" is a letter
10 dated the 2nd of February, 1994, from the permanent
11 representative of Croatia to the United Nations. "P"
12 is a letter dated the 15th of February, 1994, from the
13 permanent representative of Croatia to the United
14 Nations addressed to the Security Council. "Q" is a
15 letter dated the 17th of February, 1994, from the
16 Secretary-General addressed to the President of the
17 Security Council.
18 "R" is a letter dated the 17th of February,
19 1994, from the permanent representative of Croatia to
20 the United Nations addressed to the Secretary-General.
21 "S" is a letter dated the 3rd of March, 1994, from the
22 permanent representative of Bosnia-Herzegovina to the
23 United Nations. And "T" is an extract of a newspaper
24 article that will be referred to by Professor Bianchini
25 as supporting material in the course of his evidence
1 taken from the East European Correspondent. I don't
2 have the date of that, but I think Professor Bianchini
3 may assist us with a date for that.
4 If I could tender all of those documents as
5 one exhibit, referring to the alphabetical listing, if
6 Your Honours please, and these are all ...
7 THE REGISTRAR: So this is document 126 from
8 "A" to "T" subject to verification.
9 MR. NIEMANN: Your Honours, that concludes
10 all the documents I have available to tender today and
11 that will certainly be about 90 percent of the
12 documents that need to be tendered relating to the
13 evidence of Professor Bianchini. Professor Bianchini
14 may have a couple of other documents that he might like
15 to refer to in the course of his evidence which we can
16 take care of when he's testifying, but certainly by
17 this process, we will have reduced a very significant
18 period of time in proceeding to tender them.
19 As I said, Professor Bianchini will be our
20 last witness. He still has some way to go through his
21 evidence but, as I say, it's now been, I think,
22 significantly reduced in time. We're sitting for half
23 days. It's fairly hard for me to be too precise, but I
24 think that he will take at least Tuesday and Wednesday
25 as a minimum, and he could go over into Thursday
1 depending on how long cross-examination may take, but
2 certainly I'll take the best part of two of those
3 mornings, including his evidence. As I say, we'll
4 close our case at the end of that. We don't anticipate
5 any other evidence that we want to call. We should be
6 able to close our case on Thursday, I would hope, or
7 Friday at the latest, but Thursday, I should think.
8 JUDGE RODRIGUES: Mr. Mikulicic, at this
9 moment, do you have anything else to say?
10 MR. MIKULICIC: Your Honour, as the defence
11 counsel has said, we have accepted the introduction of
12 evidence in this manner in the case in order to speed
13 up the entire process. However, during Professor
14 Bianchini's testimony, we hope that Professor Bianchini
15 will comment on each one of these documents presented
16 here -- submitted here today. If it won't be possible
17 to discuss the document during the prosecution, then
18 the defence in cross-examination will submit additional
19 documents which weren't commented on in order to
20 introduce them as evidence in the case. Otherwise, the
21 defence has no other observations or comments. Thank
22 you, Your Honour.
23 JUDGE RODRIGUES: Thank you very much,
24 Mr. Mikulicic and also Mr. Niemann, because I believe
25 in this manner we are going to save a great deal of
1 time. Then we have the entire day to prepare for
2 tomorrow and also to try to bring all this information
3 into view that will be incorporated into the testimony
4 of Mr. Bianchini. Do you wish to say something else,
5 Mr. Niemann?
6 MR. NIEMANN: No.
7 JUDGE RODRIGUES: Very well. We are now
8 going to then adjourn until tomorrow, but please
9 remember that tomorrow there will be the inauguration
10 of the second courtroom and perhaps there will be a
11 brief break or recess around 11.00 in the morning for
12 that inauguration. I'd like to remind Mr. Niemann, as
13 for the translation of documents is concerned, please
14 take into account we must have a French translation as
15 well. Is that possible?
16 MR. NIEMANN: We have only prepared it in one
17 language, but we can ask that it be prepared. I'm in
18 the hands of the interpreters as to how long that
19 process might take, but we can certainly make
20 application for that to happen, Your Honour.
21 JUDGE RODRIGUES: All right. Ladies and
22 gentlemen, we'll see you tomorrow. Good-bye.
23 --- Whereupon the proceedings were adjourned
24 at 10.04 a.m., to be reconvened on Tuesday,
25 the 5th day of May, 1998 at 9.00 a.m.