Page 10096
1 Friday, 23 July 2004
2 [Open session]
3 --- Upon commencing at 9.04 a.m.
4 [The accused entered court]
5 JUDGE ANTONETTI: [Interpretation] Mr. Registrar, will you please
6 call the case.
7 THE REGISTRAR: Your Honours, case number IT-01-47-T, the
8 Prosecutor versus Enver Hadzihasanovic and Amir Kubura.
9 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Registrar.
10 Can we have the appearances on behalf of the Prosecution, please.
11 MS. HENRY-BENJAMIN: Good morning, Mr. President. For the
12 Prosecution, Tecla Henry-Benjamin, and case manager, Andres Vatter. Thank
13 you.
14 JUDGE ANTONETTI: [Interpretation] And for the Defence, please,
15 who are almost all present. Could they be kind enough to introduce
16 themselves.
17 MR. BOURGON: [Interpretation] Good morning, Mr. President. Good
18 morning, Your Honours. Good morning to my colleagues from the
19 Prosecution. For Defence of General Hadzihasanovic, Stephane Bourgon,
20 assisted by Alexis Demirdjian, legal assistant.
21 JUDGE ANTONETTI: [Interpretation] Thank you.
22 And for the other Defence team.
23 MR. IBRISIMOVIC: [Interpretation] Good morning, Your Honours.
24 Today representing Mr. Kubura, Rodney Dixon and Fahrudin Ibrisimovic.
25 JUDGE ANTONETTI: [Interpretation] Thank you.
Page 10097
1 Upon the resumption of this hearing, which will be the last of
2 this part of the case, which started in July and continued in October, the
3 Chamber bids good morning to all those present, the representatives of the
4 Prosecution, and particularly Madam Benjamin, the representatives of the
5 Defence, the accused, and all the staff of this courtroom, Mr. Registrar,
6 the legal assistant, the usher, Madam Court Reporter, as well as all the
7 interpreters in the booths, and of course I do not wish to leave out the
8 security officers.
9 We have several points to address during this hearing, and I
10 shall address each of them. But as for the first point, I should like to
11 deal with it in private session.
12 Could we, therefore, Mr. Registrar, go into private session.
13 [Private session]
14 (Redacted)
15 (Redacted)
16 (Redacted)
17 (Redacted)
18 (Redacted)
19 (Redacted)
20 (Redacted)
21 (Redacted)
22 (Redacted)
23 (Redacted)
24 (Redacted)
25 (Redacted)
Page 10098
1
2
3
4
5
6
7
8
9
10
11
12 Page 10098 – redacted – private session.
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 10099
1 (Redacted)
2 (Redacted)
3 (Redacted)
4 (Redacted)
5 (Redacted)
6 (Redacted)
7 (Redacted)
8 [Open session]
9 THE REGISTRAR: Your Honours, we are in open session.
10 JUDGE ANTONETTI: [Interpretation] As you know, the Chamber on the
11 16th of July, 2004 issued a decision concerning the admissibility of
12 certain contested documents and those marked for identification. This
13 written decision is -- has two attachments, Annex A and Annex B.
14 With a view to the numbering of the documents admitted, there was
15 close coordination of views between the registrar, the legal officer of
16 the Chamber, and the Prosecution, and there appears to be a little problem
17 outstanding concerning some documents; that is, the diaries of the 7th
18 Brigade, some of the paragraphs having been translated, but not the
19 totality of that diary. And that is why the Prosecution needs to tell us
20 that -- whether they are requesting the admission only the parts that have
21 been translated. By way of example, a document from the diary of the 7th
22 Brigade, page 15 has been translated. It is a diary published in February
23 1993. Whereas, we have the totality of that diary. And there are several
24 documents which have only partially been translated.
25 So I'd like to ask Madam Benjamin to tell us whether she is
Page 10100
1 withdrawing the nontranslated paragraphs.
2 Madam Benjamin.
3 MS. HENRY-BENJAMIN: Good morning again to Mr. President and
4 Your Honours.
5 Mr. President, it is the Prosecution's decision that the diaries,
6 the journals, will be withdrawn, leaving only the articles with the
7 relevant P numbers, so we are making the application to have those
8 withdrawn.
9 JUDGE ANTONETTI: [Interpretation] Very well, Madam Benjamin. We
10 take note of what you are telling us.
11 Today, with regard to these documents, by an oral decision the
12 Chamber says the following: The Chamber rendered its written decision
13 regarding the admissibility of documents on the 16th of July, 2004. The
14 Chamber subsequently noted that paragraph 79 of its written decision does
15 not correspond to Annex A of that decision, because the document bearing
16 the number 582 was withdrawn by the Prosecution. Due to this fact, the
17 paragraph 79 will be corrected as follows, and I'm going to read the
18 sentence appearing in paragraph 79: "The contested document 582 was
19 withdrawn by the Prosecution."
20 Furthermore, as indicated in paragraph 64 of this decision, a
21 single number will be given for contested documents as follows: There are
22 six categories of contested documents in paragraph 64, documents 10, 11,
23 12, 13, 163, 174, and 445. These documents will be re-grouped under a
24 single number, and the registrar will indicate that number in a moment.
25 The same applies for document 20, 27, 28, 229, 288, and 297, which will
Page 10101
1 also be given a single number, which we will have in a moment. And the
2 third group are document 231, 240, 339, and 345, which will also have a
3 single number. The fourth category, consisting of documents 173, 243,
4 346, and 557, which will be given a single number; the fifth category
5 consisting of three documents, 141, 350, 452, will have one number; and
6 finally, the last category, consisting of only two documents, 555, and
7 556, and the two will also be given a single number.
8 Furthermore, the registrar, which did a great deal of work, noted
9 that minor errors are contained in Annex A with respect to the ERN numbers
10 or the dates of the exhibits. There are some errors with respect to the
11 numbers mentioned in the column that you have in front of you, Annex A,
12 column 4, B/C/S ERN numbers. So there are a few numbers there indicated
13 in Annex A which are erroneous, and also some documents containing
14 erroneous dates.
15 So a written decision of a corrigendum will be filed at the
16 beginning of next week containing references to the corrected paragraph
17 79, as I have just indicated, and also a correction of Annex A. So we
18 will have a corrected Annex A, which will correct the few minor errors
19 that crept in.
20 Finally, at the beginning of the week there will also be a public
21 version of the decision, and this version will be redacted. References to
22 protected witnesses in this version will be redacted. There will be two
23 decisions at the beginning of next week; one will be a corrigendum that
24 will refer to paragraph 79 and the corrected Annex A, and there will be a
25 public version of the decision. It will be an almost identical copy of
Page 10102
1 the confidential decision, but references to protected witnesses will be
2 redacted. References to documents that have to do with protected
3 witnesses will be redacted.
4 So these are two future written decisions that will be rendered,
5 decisions which relate to the issue of documents.
6 Ms. Benjamin, is there anything you would like to say with regard
7 to the documents? But the registrar should be provided with the documents
8 so that he can assign them exhibit numbers. The binders of the documents
9 from 1 to 659 in Annex 1 [as interpreted], minus the documents that were
10 withdrawn, naturally, these documents -- this binder must be provided to
11 the registrar.
12 MS. HENRY-BENJAMIN: Mr. President, the registrar has already
13 been provided with the binders.
14 JUDGE ANTONETTI: [Interpretation] In that case, the registrar has
15 actually shown me that he has the documents on his right. The registrar
16 could perhaps point to the binders. That will enable the camera to
17 capture the moment. So the binders are to the registrar's right.
18 Mr. Registrar, as far as Annex A is concerned and the numbers for
19 the documents, could you tell us briefly the numbers that will be used.
20 THE REGISTRAR: Your Honours, the documents get the exhibit
21 numbers indicated in your annex to the decision, and into the corrigendum
22 you're going to file, and they are roughly from P403 until P922.
23 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Registrar.
24 Yes, Mr. Registrar.
25 THE REGISTRAR: Then the -- there will be a summary number, P923,
Page 10103
1 for contested document 10, which is P411; contested document 11, which is
2 P412; contested document 12, which is P413; contested document 13, which
3 is P414; contested document 163, which is P548; contested document 174,
4 which is P557; contested document 445, which is P794, and the relative
5 English translations get the summary number P923/E.
6 There will be a summary number P924 for the following documents:
7 Contested document 20, which is P421; contested document 27, which is
8 P428; contested document 28, which is P429; contested document 229, which
9 is P604; contested document 288, which is P659; contested document 297,
10 which is P667. The relative English translation get the summary number
11 P924/E.
12 There will be a summary number P925 for the following documents:
13 Contested document 231, which is Exhibit P606; contested document 240,
14 which is Exhibit P614; contested document 339, which is Exhibit P705;
15 contested document 345, which is Exhibit P711. The relative English
16 translations get the exhibit number P925/E.
17 There will be a summary number P926 for the following documents:
18 Contested document 173, which is Exhibit P556; contested document 243,
19 which is Exhibit P617; contested document 346, which is P712; contested
20 document 557, which is P884. The relative English translations get the
21 exhibit number P926/E.
22 There will be a summary number P927 for the following documents:
23 Contested document 141, which is P529; contested document 350, which is
24 P716; contested document 452, which is P801. And the relative English
25 translations get the summary number P927/E.
Page 10104
1 And finally, there will be the summary number P928 for the
2 following documents: Contested document 555, which is P882; and contested
3 document 556, which is P883. And the relevant English translations get
4 the summary number P928/E.
5 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Registrar, for
6 your assistance with regard to the documents that will be under P923 up
7 until P928.
8 As you have said -- as you have seen, both the Prosecution and
9 the Defence, from Annex A the first exhibit is number 2 to 403, P403, and
10 onwards, so all the documents follow this order, chronological order.
11 And on the last page of Annex A, we arrive at document 658, which
12 will have the number P992.
13 As far as the numbers are concerned, has everything been
14 correctly registered for the Defence? Are there any issues that require
15 clarification?
16 Mr. Bourgon.
17 MR. BOURGON: [Interpretation] Thank you, Mr. President.
18 The Defence would like to thank the Chamber for its decision on
19 the documents and also for the registrar's work. We have no comments, no
20 submissions we would like to make.
21 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Bourgon.
22 I'll now address Mr. Kubura's Defence team. You may take the
23 floor.
24 MR. IBRISIMOVIC: [Interpretation] Thank you, Mr. President. We
25 have no comments.
Page 10105
1 JUDGE ANTONETTI: [Interpretation] Thank you.
2 As we have now dealt with the issue of documents, I will now turn
3 to Ms. Benjamin, who may take the floor in order to make submissions with
4 regard to the completion of the presentation of the Prosecution's case.
5 Ms. Benjamin.
6 MS. HENRY-BENJAMIN: Mr. President, before we go into that
7 aspect, there were some omissions with respect to a few documents. And in
8 agreement with the Defence, we thought it best that the corrections be
9 placed on the record, so I'd just like to go through these, please, now.
10 The bundle referring to the documents have already been passed to
11 the registrar and to the Defence, but we have some for the Judges.
12 And we'll begin with Prosecution Exhibit P145. The correction
13 there is that the original document stated the "year 2, Article 4." It's
14 "year 2, Issue 8," and that has been corrected.
15 JUDGE ANTONETTI: [Microphone not activated]
16 THE INTERPRETER: Microphone, please.
17 JUDGE ANTONETTI: [Interpretation] The first exhibit is 153.
18 [Prosecution counsel confer]
19 [Trial Chamber and registrar confer]
20 JUDGE ANTONETTI: [Microphone not activated]
21 THE INTERPRETER: Microphone, please.
22 JUDGE ANTONETTI: [Interpretation] Yes. For P145, you were
23 saying?
24 MS. HENRY-BENJAMIN: P145, it was described as "year 2, Article
25 4"; in fact, it's "year 2, Issue A." That has been corrected.
Page 10106
1 With respect to P153, the full document has now been submitted.
2 With respect to Prosecution Exhibit P180, the date --
3 JUDGE ANTONETTI: [Interpretation] Just a minute. You say that
4 for document -- you say that as far as P153 is concerned - we have it
5 before us - there is a problem. What was the problem?
6 MS. HENRY-BENJAMIN: Mr. President, the English original was
7 incomplete, and we have now replaced it with the full document. And I'm
8 just told by the registrar that it is going to be replaced officially.
9 JUDGE ANTONETTI: [Interpretation] Very well. Mr. Registrar.
10 THE REGISTRAR: Yes. The original tendered version will be
11 replaced by the new P153.
12 JUDGE ANTONETTI: [Interpretation] Please continue.
13 MS. HENRY-BENJAMIN: Then we go to Prosecution Exhibit P180. The
14 date mentioned was 20th October 1993, but in fact the date is 30th October
15 1993. That has been corrected.
16 Prosecution Exhibit P213 -- sorry, Prosecution Exhibit 211. The
17 exact translation has now been provided.
18 Prosecution Exhibit --
19 THE REGISTRAR: The old version of P211/E is replaced by the new
20 version tendered today.
21 MS. HENRY-BENJAMIN: Prosecution Exhibit 213, the revised
22 translation for the version was provided.
23 Prosecution --
24 THE REGISTRAR: The old version of P213/BCS is replaced by the
25 new version provided today.
Page 10107
1
2
3
4
5
6
7
8
9
10
11
12 Blank page inserted to ensure the pagination between the English and
13 French transcripts correspond
14
15
16
17
18
19
20
21
22
23
24
25
Page 10108
1 MS. HENRY-BENJAMIN: Prosecution Exhibit 222, the date was
2 corrected. Instead of 26 April 1994, the correct date of 26 February 1994
3 was provided.
4 Prosecution Exhibit 244, the same position; dated 1 September
5 1992 has now been provided. The correct date is 11 September 1992.
6 Prosecution 258, the complete original has now been provided.
7 THE REGISTRAR: The old version of P258 is replaced by the new
8 version tendered today.
9 MS. HENRY-BENJAMIN: Prosecution Exhibit 308, the correct date
10 was provided; it was wrongly described as dated 26 November 1993. The
11 correct date of 27 July 1993 was provided.
12 Prosecution Exhibit 316, the completed document is now provided.
13 THE REGISTRAR: The old version of P316 is replaced by the new
14 version provided today.
15 MS. HENRY-BENJAMIN: Prosecution Exhibit 3308, wrongly described
16 as dated 14th December 1992. The new description, dated 22nd December
17 1992 has been provided.
18 Prosecution Exhibit 333, wrong date provided, 28 January 1993;
19 the new date, 29 January 1993 has been provided.
20 And Prosecution Exhibit 374/E, the full translation has now been
21 provided.
22 THE REGISTRAR: The old version of P374/E is replaced by the new
23 version tendered today.
24 MS. HENRY-BENJAMIN: Mr. President, those are the relevant
25 corrections with respect to the documents.
Page 10109
1 But before we get to the end, Mr. President, I would really like
2 to ask if we could go into private session so that I can -- please.
3 JUDGE ANTONETTI: [Interpretation] Very well. We will go into
4 private session.
5 [Private session]
6 (Redacted)
7 (Redacted)
8 (Redacted)
9 (Redacted)
10 (Redacted)
11 (Redacted)
12 (Redacted)
13 (Redacted)
14 (Redacted)
15 (Redacted)
16 (Redacted)
17 (Redacted)
18 (Redacted)
19 (Redacted)
20 (Redacted)
21 (Redacted)
22 (Redacted)
23 (Redacted)
24 (Redacted)
25 (Redacted)
Page 10110
1
2
3
4
5
6
7
8
9
10
11
12 Page 10110 – redacted – private session.
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 10111
1
2
3
4
5
6
7
8
9
10
11
12 Page 10111 – redacted – private session.
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 10112
1
2
3
4
5
6
7
8
9
10
11
12 Page 10112 – redacted – private session.
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 10113
1
2
3
4
5
6
7
8
9
10
11
12 Page 10113 – redacted – private session.
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 10114
1
2
3
4
5
6
7
8
9
10
11
12 Page 10114 – redacted – private session.
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 10115
1 (Redacted)
2 (Redacted)
3 (Redacted)
4 (Redacted)
5 (Redacted)
6 (Redacted)
7 (Redacted)
8 (Redacted)
9 (Redacted)
10 (Redacted)
11 (Redacted)
12 (Redacted)
13 (Redacted)
14 (Redacted)
15 (Redacted)
16 (Redacted)
17 (Redacted)
18 (Redacted)
19 (Redacted)
20 (Redacted)
21 (Redacted)
22 [Open session]
23 THE REGISTRAR: Your Honours, we are in open session.
24 JUDGE ANTONETTI: [Interpretation] We are in open session.
25 Ms. Benjamin, you have the floor.
Page 10116
1 MS. HENRY-BENJAMIN: Mr. President, Your Honours, the
2 Prosecution, having presented fully its evidence to the Trial Chamber,
3 wishes first to thank the Trial Chamber for its patience that it has
4 exhibited during the conduct of the Prosecution's case with the
5 Prosecution, and the Prosecution wishes to formally now close the
6 Prosecution's case at this stage.
7 Thank you.
8 JUDGE ANTONETTI: [Interpretation] Very well. So the Chamber
9 takes note of the fact that the Prosecution has completed the presentation
10 of its case.
11 Before closing this hearing, Mr. Bourgon wanted to take the
12 floor, but the Registrar has something to tell me.
13 [Trial Chamber and registrar confer]
14 JUDGE ANTONETTI: [Interpretation] I give the floor to the
15 registrar, who has some precisions to make.
16 THE REGISTRAR: Your Honours, if I may make a correction. In the
17 transcript of the 28th of June, 2004, you can read that the Defence
18 submitted document DH337 and DH337/E. That's not -- that's not right.
19 The Prosecution submitted only a document DH337, which is an English
20 translation of the Yugoslav Criminal Procedure Code -- the Defence.
21 The same with document DH338. In the transcript, you can read
22 that the Defence would have submitted a document DH338 and the document
23 DH338/E. In fact, the Defence submitted only a document DH338, which is
24 an English translation of the Criminal Code of the Socialist Republic of
25 Bosnia and Herzegovina.
Page 10117
1 JUDGE ANTONETTI: [Interpretation] This is a point of
2 clarification regarding the transcript of the sitting on the 28th of June,
3 2004, especially with regard to Exhibit DH338 and DH337. So the Chamber
4 takes note of what you have said.
5 Mr. Bourgon, do you wish to say what you have to say in the
6 presence of everyone? It's up to you.
7 MR. BOURGON: [Interpretation] I should prefer to make this short
8 statement in the absence of the accused, as it does not affect them at
9 all.
10 JUDGE ANTONETTI: [Interpretation] In that case, I should like to
11 ask the security officers to accompany the accused out, and we wish to
12 tell them that we shall meet again at the beginning of October, when the
13 proceedings will be resumed.
14 Could the security officers accompany the accused out of the
15 courtroom.
16 [The accused withdrew]
17 JUDGE ANTONETTI: [Interpretation] Theoretically the hearing is
18 completed, so your statement is going to be made in the absence of the
19 accused and the public.
20 MR. BOURGON: [Interpretation] Thank you, Mr. President.
21 Mr. President, with the permission of the Chamber, I would like
22 to make this brief statement, certainly in my personal name, as it is --
23 it has to do with an important situation that affects me personally.
24 Mr. President, on the 23rd of June, I conveyed to the Chamber the
25 following events connected with interviews of witnesses by the Prosecutor,
Page 10118
1 with Defence witnesses in Sarajevo, during which I qualified an
2 administrative decision taken by the Registrar personnel as unreasonable.
3 The next day in my absence, the Registrar, through the registrar of this
4 hearing, called in question my personal integrity, alleging that I had
5 presented the facts to the Chamber in an incomplete and inexact manner.
6 The Registrar added that the Registrar of the Tribunal intended to submit
7 to the Chamber a memorandum, which was indeed done on the 9th of July.
8 Mr. President, I consider that what was said by the Registrar
9 with regard to me was very serious, as it affects my credibility. Also,
10 with regard to the prejudice that may affect the client that I have the
11 honour of representing before this Chamber, and in view of the statement
12 of the Registrar and the memorandum filed on the 9th of July, requires
13 certain commentaries on my part, which I will certainly convey in writing
14 in the near future.
15 Also, in view of my position as President of the Association of
16 Defence Counsel with this International Tribunal, I wish to delay the
17 submission of this written statement, since the Association of Defence
18 Counsel is currently engaged in a process of consultations with the
19 Registrar regarding the norms that affect all Defence counsel, and I would
20 not like my personal problem to overshadow this process, which in my
21 opinion is far more important than my personal situation.
22 Finally, Mr. President, I wish to ask for the indulgence of the
23 Chamber and respectfully to request that it draw no conclusions from these
24 events before I have had a chance to convey my arguments in writing.
25 Thank you, Mr. President.
Page 10119
1 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Bourgon.
2 As you tell us, you will file a memorandum following the
3 memorandum of the 9th of July, responding to all that was said in the
4 Registry memo, but you prefer to delay that, as you are negotiating with
5 the Registrar on behalf of all the Defence counsel in this Tribunal
6 certain important matters and this is not of such immediate urgency. And
7 I thank you.
8 We will now adjourn the hearing, and I have been told by the
9 registrar that in the near future he will be replaced by the colleague on
10 his left. I wish to thank him for everything that he has done so far,
11 especially in connection with the numbering of the exhibits in this case,
12 for which the Chamber is especially grateful to him, and by wish him, as
13 we do to everyone in this courtroom, a good rest in the following few
14 weeks.
15 I thank you all. And you will be informed when the proceedings
16 will be resumed in due course. Thank you.
17 --- Whereupon the hearing adjourned at 10.09 a.m.,
18 to be reconvened sine die.
19
20
21
22
23
24
25