Tribunal Criminal Tribunal for the Former Yugoslavia

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