1 Wednesday, 14 March 2012
2 [Closed session]
11 Pages 26234-26310 redacted. Closed session.
23 [Open session]
24 JUDGE KWON: Mr. Tieger, shall we continue?
25 MR. TIEGER: I would think not, Mr. President.
1 JUDGE KWON: Given the timing, it's impracticable to continue.
2 But taking this opportunity, the Chamber would like to deal with one
3 administrative matters.
4 Mr. Tieger, the Chamber would like to inquire -- oh, we'll wait.
5 We didn't have to do that.
6 THE REGISTRAR: Your Honours, we're in open session. Thank you.
7 JUDGE KWON: The Chamber would like to inquire with the
8 Prosecution regarding Witness KDZ579. The Chamber recalls that in its
9 motion to substitute witnesses dated 8th of April, 2010, the Prosecution
10 notified the Chamber that witnesses KDZ579 and KDZ595 had both indicated
11 they would require protective measures in this case and that it would
12 apply for the appropriate protective measures for these witnesses.
13 On the 9th of July, 2010, the Prosecution filed a motion
14 requesting protective measures for KDZ595, which the Chamber granted on
15 the 18th of August, 2010. However, to this date, the Chamber has not
16 received a request for the application of protective measures for KDZ579.
17 The Chamber recalls that in the decisions on Prosecution motion for
18 admission of evidence of Witness KDZ595 pursuant to Rule 92 quater, an
19 accused motion for reconsideration issued on 6th of December, 2011, the
20 Chamber ordered that Witness KDZ579 replace KDZ595 on the Prosecution's
21 Rule 65 ter witness list.
22 The Chamber has referred to Witness KDZ579 by his pseudonym in
23 three of its decisions out of an abundance of caution based on the
24 Prosecution's submission that it would apply for protective measures for
25 KDZ579. At this point, for the sake of clarity, the Chamber requests the
1 Prosecution to clarify its position and to provide with further
2 information regarding the status of the witness, including whether or not
3 the Prosecution will seek protective measures for this witness.
4 MR. TIEGER: And in order to ensure that the information we get
5 back to the Court is absolutely accurate and timely, we'll get back to
6 the Court forthwith by the beginning of the next session.
7 JUDGE KWON: Thank you.
8 Yes, Mr. Robinson.
9 MR. ROBINSON: Yes, Mr. President, while we have a few minutes, I
10 would like to raise a somewhat related matter and that is whether we
11 could begin to take steps to bring the Prosecution case to an orderly
12 close, and by that I mean to determine whether any witnesses on the
13 reserve list should be or will be called, and to give the Prosecution a
14 deadline under which it could decide whether or not it's going to call
15 any of those people who are not currently listed in its active list. And
16 in particular I point to the ambassador Diego Arria, who is the subject
17 of ongoing efforts by the Government of Venezuela and the United Nations
18 to look for material. I've been in touch with the Prosecution about that
19 a few weeks ago and they told me that no decision had yet been made as to
20 whether he would be called or dropped from the list. But I think, given
21 the timing of the trial, that the Chamber should set a deadline for the
22 Prosecution to make a final determination as to its witness list.
23 Thank you.
24 JUDGE KWON: Yes, Mr. Tieger.
25 MR. TIEGER: Mr. President, we're very actively in the process of
1 that very effort. I think this is premature. I will speak with
2 Mr. Robinson about our timing and what information we anticipate getting
3 to him and when. If that remains a problem, I think he can raise it
4 again. But I think, given the efforts that are underway at this very
5 moment, that is unlikely to be a problem.
6 JUDGE KWON: Thank you. Why don't we follow this step: Please
7 have a word with Mr. Tieger, and otherwise I would like you to raise it
8 again, if necessary, in the future.
9 We will rise for today and resume tomorrow at 9.00.
10 --- Whereupon the hearing adjourned at 1.40 p.m.,
11 to be reconvened on Thursday, the 15th day
12 of March, 2012, at 9.00 a.m.