Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Friday, 20 January 2012

 2                           [Pre-trial Conference]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 9.04 a.m.

 6             JUDGE KWON:  Good morning, everyone.

 7             Would the registrar please call the case.

 8             THE REGISTRAR:  Thank you.  And good morning, Your Honours.

 9             This is case number IT-95-5/18-R77.2, in the Contempt Case of

10     Milan Tupajic.

11             JUDGE KWON:  Thank you.

12             Can I have the appearances.

13             MR. LAZAREVIC:  Good morning, Mr. President.  Good morning,

14     Your Honours.  My name is Aleksandar Lazarevic.  I'm counsel for

15     Mr. Tupajic in this case.

16             JUDGE KWON:  Good morning, Mr. Lazarevic.

17             Mr. Tupajic, could you confirm whether you following the

18     proceedings in a language that you understand?

19             THE ACCUSED: [Interpretation] I am receiving the signal, but the

20     sound is too low, and I cannot understand what is being said.

21             JUDGE KWON:  Thank you.  Our usher will assist you in a minute.

22             Mr. Tupajic, I hope that you are hearing me better now.

23             THE ACCUSED: [Interpretation] It's okay now.  Yes.

24             JUDGE KWON:  Thank you, Mr. Tupajic.

25             Today, prior to the commence of the trial, pursuant to

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 1     Rule 73 bis (A) of the Tribunal's Rules of Procedure and Evidence, we are

 2     holding a pre-trial conference in order to discuss how the trial should

 3     be conducted.

 4             First, Mr. Lazarevic, turning to the schedule of this trial, I

 5     take it that you have seen our decision on the motion to postpone the

 6     trial issued -- which was issued on 17th January.  The Chamber explained

 7     that, given the courtroom schedule of the Tribunal, and the Judges'

 8     commitments on other trials, the only time available, other than today,

 9     would be either Monday, 23rd of January, or Friday, 3rd of February.

10             Given that Mr. Tupajic is in detention, which date would be

11     preferable for you and your client?

12             MR. LAZAREVIC:  Thank you, Your Honour.  And I have to say it's

13     unfortunately the first time -- I didn't discuss this issue with

14     Mr. Tupajic.  I drew his attention to the fact that most of these

15     documents that I referred in -- to -- to -- that I spoke with him about

16     and that I received from Mr. Tupajic has not been translated.  But given

17     the fact that I requested, like, ten days of delay in the proceedings, I

18     believe that February 3rd would be much more in favour of Mr. Tupajic.

19     Because this time, if allotted, would be -- it's more than sufficient to

20     prepare his evidence and all the documents, and my estimation is that it

21     won't take more than one day of trial to complete this -- this trial.

22             JUDGE KWON:  If necessary, we can adjourn for you to have a word

23     with your client.

24             MR. LAZAREVIC:  I believe that Mr. Tupajic already showed me that

25     it's okay for the February 3rd.

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 1             JUDGE KWON:  Mr. Tupajic, can you confirm that the 3rd of

 2     February would suit you?

 3             THE ACCUSED: [Interpretation] Absolutely.  As far as I am

 4     concerned, I can stand trial on Monday.  However, if the date in

 5     February suits the Trial Chamber, I'm not opposed to it.

 6             JUDGE KWON:  So, Mr. Lazarevic, you prefer to have the trial on

 7     3rd of February.

 8             MR. LAZAREVIC:  That's correct, Your Honour.

 9             JUDGE KWON:  Thank you.

10             Then it is ordered that the trial of Mr. Tupajic for contempt of

11     the Tribunal be held on Friday, 3rd of February, 2012.

12             And having heard that, I take it that you can withdraw your

13     motion.

14             MR. LAZAREVIC:  And that's precisely what I'm going to do.  I

15     always follow Your Honours' advices.

16             JUDGE KWON:  Thank you.

17             Next, Mr. Lazarevic, then I would like to know whether the

18     Defence will make an opening statement, pursuant to Rule 84.

19             MR. LAZAREVIC:  Your Honours, we are not going to make an opening

20     statement.  We will just start with the evidence of Mr. Tupajic.  And,

21     furthermore, we intend not to call any witnesses whatsoever.  We will

22     rely solely on Mr. Tupajic's evidence and the documents that will be

23     tendered through Mr. Tupajic.

24             JUDGE KWON:  Thank you, Mr. Lazarevic.

25             Then by your submission I take it that the accused himself does

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 1     not wish to make a statement pursuant to Rule 84 bis of the Rules.

 2             MR. LAZAREVIC:  No, Your Honours.  No, Your Honours.

 3             JUDGE KWON:  Then how long do you expect Mr. Tupajic's evidence

 4     to last?

 5             MR. LAZAREVIC:  If everything goes well, I was trying to assess

 6     the way Mr. Tupajic speaks.  He is a fast speaker, and I believe that it

 7     will take maybe two, up to three hours, not more than this.

 8             JUDGE KWON:  So I take it, including your submission, and closing

 9     argument of the accused, it will be sufficient as a one-day trial.

10             MR. LAZAREVIC:  Your Honour is correct.

11             JUDGE KWON:  Thank you.

12             Mr. Tupajic, do you have any issues you like to raise about the

13     conditions of your detention here at -- at the Tribunal?

14             THE ACCUSED: [Interpretation] I must say now, and I did it

15     already during the recess, that the attitude of the staff in the

16     Detention Unit is very fair.  I'm enjoying very good conditions there,

17     which means that I don't have any objections or complaints about my stay

18     in the Detention Unit.

19             JUDGE KWON:  Thank you, Mr. Tupajic.

20             Mr. Lazarevic, I wonder if there are any other issues you like to

21     raise at this moment?

22             MR. LAZAREVIC:  Well, Your Honours, in order to -- to cover all

23     the aspects of this case, I was advised by Mr. Tupajic - because that was

24     one of the issues that I discussed with him in the Detention Unit while I

25     was visiting him - he basically told me that he was not examined well by

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 1     various specialists, and having -- bearing in mind, maybe we should move

 2     it into private session for a very brief moment.

 3             JUDGE KWON:  Yes.  Could the Chamber move into private session.

 4                           [Private session]

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 1                           [Open session]

 2             JUDGE KWON:  Other than the issue we discussed in private

 3     session, are there any matters, Mr. Lazarevic?

 4             MR. LAZAREVIC:  No, Your Honour.

 5             JUDGE KWON:  Very well.  Then hearing is now adjourned until 3rd

 6     of February.

 7                            --- Whereupon the hearing adjourned at 9.16 a.m.,

 8                           to be reconvened on Friday, the 3rd day of

 9                           February, 2012, at 2.15 p.m.