1. 1 Thursday, 25th November, 1999

    2 [Further Appearance]

    3 [Open session]

    4 --- Upon commencing at 9.37 a.m.

    5 [The accused entered court]

    6 JUDGE RODRIGUES: [Interpretation] Good

    7 morning. Good morning ladies and gentlemen. I believe

    8 that the interpreters can hear me. Good morning to the

    9 interpreters, to the technical staff.

    10 Could we have the representatives, please,

    11 for the Office of the Prosecutor.

    12 MR. HARMON: Good morning, Mr. President.

    13 Good morning Judge Riad, Judge Wald. My name is Mark

    14 Harmon. I'll be representing the Prosecutor's office

    15 this morning, and I am assisted by my colleague seated

    16 to my right, Mr. Peter McCloskey.

    17 Thank you.

    18 JUDGE RODRIGUES: [Interpretation] Thank you

    19 very much, Mr. Harmon.

    20 Appearances for the Defence, please.

    21 MR. VISNJIC: [Interpretation] Good morning,

    22 Mr. President. Good morning, Your Honours. My name is

    23 Tomislav Visnjic, and I will act as Defence counsel at

    24 the hearing today for Mr. Krstic.

    25 JUDGE RODRIGUES: [Interpretation] Thank you

  2. 1 very much.

    2 Mr. Registrar, would you give us the case

    3 number, please.

    4 THE REGISTRAR: [Interpretation] This is case

    5 IT-98-33-PT, the Prosecutor versus Radislav Krstic.

    6 JUDGE RODRIGUES: [Interpretation] Thank you.

    7 As you see, we have a new composition of Judges in this

    8 Trial Chamber. The Trial Chamber is composed of Judge

    9 Fouad Riad to my right, Judge Wald to my left, and

    10 myself as the Presiding Judge.

    11 I would like to take advantage of this

    12 opportunity to welcome Judge Wald and to tell her how

    13 pleased we are to have her working with us. I myself

    14 have the honour and responsibility of presiding over

    15 this Trial Chamber.

    16 We are here today for the Initial Appearance

    17 of Mr. Krstic and we will, therefore, proceed in the

    18 following manner: Before we read out the indictment or

    19 begin with the Initial Appearance, I would first like

    20 to confirm with the Prosecutor what I have seen of the

    21 amendments made to this indictment.

    22 I believe, Mr. Harmon, that the essential

    23 part of the amendments is the addition of Counts 7 and

    24 8, that is, expulsions and inhumane acts, and then

    25 there are several other small amendments. It seems to

  3. 1 me that these are amendments we already spoke about

    2 when we spoke about the former indictment. For

    3 instance, there are amendments in the wording. Instead

    4 of saying "the Drina Corps," one now says "the other

    5 Drina Corps" or "military personnel" was changed to

    6 "military" alone.

    7 There is also the introduction of a new

    8 paragraph relating to the military structure of the VRS

    9 military forces. This is paragraph 14 to 14.15, and

    10 after the introduction of that new paragraph, the

    11 numbering has been changed.

    12 There are a few clarifications which were

    13 added. For instance, the military VRS was explained as

    14 the Bratunac Brigade or a member of the Zvornik

    15 Engineering Brigade, and several clarifications

    16 relating to temporal circumstances, for instance, in

    17 paragraphs 24.5 and 24.6.

    18 Mr. Harmon, is that it? Have I seen things

    19 correctly here?

    20 MR. HARMON: Mr. President, there are some

    21 additional changes that I can point out to the Court.

    22 This document constitutes a merger of the

    23 previous updated indictment, and Your Honour has

    24 correctly appointed out that the merger is principally

    25 found in paragraph 14; however, there are some

  4. 1 additional changes which I would like to draw your

    2 attention to.

    3 For example, in paragraph 31, the indictment

    4 has been amended to add the sentence "e" in the crime

    5 against humanity. There has been some additional

    6 changes that are found in various counts; that is, in

    7 the predicate paragraph to each of the counts where the

    8 Prosecutor realleges and reincorporates certain other

    9 paragraphs that are contained in the indictment, we

    10 have been more inclusive than less inclusive, and we

    11 have changed, in small part, some of the other

    12 paragraphs that are referenced to support the

    13 particular counts.

    14 That constitutes essentially, Mr. President

    15 and Your Honours, the amendments to this indictment.

    16 JUDGE RODRIGUES: [Interpretation] Thank you,

    17 Mr. Harmon.

    18 I would like to turn to the Defence counsel,

    19 Mr. Visnjic. Did I pronounce your name correctly?

    20 Visnjic, is it?

    21 MR. VISNJIC: [Interpretation] Yes,

    22 Mr. President.

    23 JUDGE RODRIGUES: [Interpretation] And ask you

    24 whether, within this framework, you feel that we should

    25 read out the entire amended indictment or whether you

  5. 1 believe it is sufficient to read out the new counts and

    2 to ask Mr. Krstic whether he is pleading guilty or not

    3 guilty.

    4 What is your opinion, please?

    5 MR. VISNJIC: [Interpretation] Mr. President,

    6 I think that my client and I have agreed that only the

    7 amended counts be read. However, before that, I would

    8 like to raise a small point. Actually, it is of a

    9 formal nature and it consists of the following:

    10 The accused and we, as the Defence, have been

    11 served a copy of the indictment in the English language

    12 and in the language of the accused, so he has

    13 understood it fully; however, we did not receive any

    14 decision on the confirmation of the indictment, in

    15 keeping with Rule 47(F).

    16 I don't want the hearing today to be

    17 postponed in any way; I would just like the registrar

    18 to confirm this to us, whether this has been

    19 confirmed. Is that identical to the copy we received

    20 on the 27th of October, 1999? And could we hear which

    21 Judge confirmed it and when.

    22 Thank you.

    23 JUDGE RODRIGUES: [Interpretation]

    24 Mr. Registrar, could you answer that question?

    25 THE REGISTRAR: [Interpretation] Yes, Your

  6. 1 Honour. The indictment was confirmed but I don't have

    2 the date right with me, but as quickly as possible I'll

    3 be able to give you the date or give Mr. Visnjic the

    4 date.

    5 JUDGE RODRIGUES: [Interpretation]

    6 Mr. Prosecutor, were the amendments really confirmed by

    7 the Judge? Are you confirming what the registrar has

    8 just said that, in fact, the amendments were

    9 confirmed.

    10 MR. HARMON: Yes, we confirm that,

    11 Mr. President.

    12 JUDGE RODRIGUES: [Interpretation] So,

    13 Mr. Visnjic, you will receive the decision. The

    14 registrar has already promised that he would give you

    15 the decision which was submitted, and the indictment

    16 was confirmed in respect to its amendments. The

    17 registrar will give you the decision as soon as

    18 possible.

    19 Can we begin?

    20 MR. VISNJIC: [Interpretation] Mr. President,

    21 could the registrar please give us the name of the

    22 Reviewing Judge who confirmed the indictment? I don't

    23 have to go into all the reasons, but this would be a

    24 minimal requirement. So please could we have the

    25 name?

  7. 1 JUDGE RODRIGUES: [Interpretation]

    2 Mr. Registrar, could you answer Mr. Visnjic's question,

    3 please?

    4 THE REGISTRAR: [Interpretation] Yes, Your

    5 Honour. It was Judge Mumba.

    6 JUDGE RODRIGUES: [Interpretation] If I've

    7 understood you correctly, Mr. Visnjic, you agree to our

    8 reading out only the counts which represent additions

    9 and amendments to the indictment; is that correct?

    10 MR. VISNJIC: [Interpretation] That's correct,

    11 Your Honour.

    12 JUDGE RODRIGUES: [Interpretation] We are

    13 going to really begin our proceedings, the formal

    14 proceedings of the initial appearance, and I will ask

    15 Mr. Krstic to rise, please.

    16 Could you stand, please, Mr. Radislav

    17 Krstic. Could you give us your name, your first name

    18 and your last name, please?

    19 THE ACCUSED: [Interpretation] Yes. I am

    20 Radislav Krstic.

    21 JUDGE RODRIGUES: [Interpretation] Would you

    22 like to state something?

    23 MR. VISNJIC: [Interpretation] Mr. President,

    24 I would like to kindly ask you, would it be possible

    25 for Mr. Krstic to answer these questions in a seated

  8. 1 position, because he's an invalid, disabled person.

    2 It's very difficult for him to stand on his feet.

    3 JUDGE RODRIGUES: [Interpretation] Yes. Of

    4 course. Of course. Excuse me, Mr. Krstic. Mr.

    5 Krstic, please be seated and then answer my questions.

    6 Excuse me.

    7 THE ACCUSED: [Interpretation] Thank you very

    8 much.

    9 JUDGE RODRIGUES: [Interpretation] Excuse me.

    10 Let me repeat myself. Give us your names, please, your

    11 first and last name.

    12 THE ACCUSED: [Interpretation] Yes. My name

    13 is Radislav Krstic.

    14 JUDGE RODRIGUES: [Interpretation] Could we

    15 have your date and place of birth, please?

    16 THE ACCUSED: [Interpretation] I was born on

    17 the 15th of February, 1948 in the village of Nezerici

    18 near Vlasenica. It's in Bosnia-Herzegovina.

    19 JUDGE RODRIGUES: [Interpretation] Your

    20 profession and domicile before you came here?

    21 THE ACCUSED: [Interpretation] I'm a

    22 professional soldier. I'm a member of the army of

    23 Republika Srpska. I lived in Sokolac in

    24 Bosnia-Herzegovina.

    25 JUDGE RODRIGUES: [Interpretation] Mr. Krstic,

  9. 1 who was your Defence counsel?

    2 THE ACCUSED: [Interpretation] My Defence

    3 counsel is Mr. Nenad Petrusic and Mr. Visnjic.

    4 JUDGE RODRIGUES: [Interpretation] Let me take

    5 advantage of this opportunity to ask you a question

    6 about the detention conditions and your medical

    7 condition.

    8 THE ACCUSED: [Interpretation] When I

    9 previously appeared in court on several occasions, I

    10 talked about my health condition. The problems are the

    11 same. My condition is unchanged. I still have

    12 problems with my leg and all my other health problems.

    13 As for the conditions in the detention unit,

    14 they are the same as for all others. My cell has

    15 somewhat been accommodated to meet my needs, my

    16 condition. I have no objections whatsoever to the

    17 conduct of the management of the detention unit.

    18 JUDGE RODRIGUES: [Interpretation] The

    19 treatment -- were you given the treatment that you

    20 needed, Mr. Krstic? Are you receiving the treatment

    21 that you need?

    22 THE ACCUSED: [Interpretation] There is

    23 therapy but it is inadequate in terms of my condition;

    24 that is to say, that a limb was amputated. A prison

    25 hospital does not accommodate the needs of a disabled

  10. 1 person of this nature. Before I came here, I was

    2 constantly under a different kind of therapy, which was

    3 far, far more efficient. That is how these subsequent

    4 problems came into beginning; for example, the phantom

    5 pain which is sometimes unbearable.

    6 JUDGE RODRIGUES: [Interpretation]

    7 Mr. Registrar, have measures been taken since the last

    8 Status Conference at the time that Mr. Krstic raised

    9 some questions, have measures been taken? Could you

    10 answer -- in order to meet his needs?

    11 THE REGISTRAR: [Interpretation] Yes,

    12 Mr. President. During the last Status Conference, the

    13 accused mentioned certain problems and the Registry

    14 made the necessary arrangements in order to respond to

    15 his request.

    16 JUDGE RODRIGUES: [Interpretation] Therefore,

    17 the Registry will continue to take care of his

    18 concerns.

    19 THE REGISTRAR: [Interpretation] Yes,

    20 Mr. President.

    21 JUDGE RODRIGUES: [Interpretation] I must now

    22 recall the text of the Statute and of the Rules which

    23 govern the Initial Appearance. Would you read Rules 20

    24 and 21 of the Statute, and 62 of the Rules, please.

    25 THE REGISTRAR: [Interpretation] Article 21,

  11. 1 "The Rights of the Accused."

    2 "1. All persons shall be equal before the

    3 International Tribunal.

    4 "2. In the determination of charges against

    5 him, the accused shall be entitled to a fair and public

    6 hearing, subject to article 22 of the Statute.

    7 "3. The accused shall be presumed innocent

    8 until proved guilty according to the provisions of the

    9 present Statute.

    10 "4. In the determination of any change

    11 against the accused pursuant to the present Statute,

    12 the accused shall be entitled to the following minimum

    13 guarantees, in full equality:

    14 (a) to be informed promptly and in detail in

    15 a language which he understands of the nature and cause

    16 of the charge against him;

    17 (b) to have adequate time and facilities for

    18 the preparation of his defence and to communicate with

    19 counsel of his own choosing;

    20 (c) to be tried without undue delay;

    21 (d) to be tried in his presence, and to

    22 defend himself in person or through legal assistance of

    23 his own choosing; to be informed, if he does not have

    24 legal assistance, of this right; and to have legal

    25 assistance assigned to him, in any case where the

  12. 1 interests of justice so require, and without payment by

    2 him in any such case if he does not have sufficient

    3 means to pay for it;

    4 (e) to examine, or have examined, the

    5 witnesses against him and to obtain the attendance and

    6 examination of witnesses on his behalf under the same

    7 conditions as witnesses against him;

    8 (f) to have the free assistance of an

    9 interpreter if he cannot understand or speak the

    10 language used in International Tribunal;

    11 (g) not to be compelled to testify against

    12 himself or to confess guilt.

    13 Article 20.3:

    14 The Trial Chamber shall read the indictment,

    15 satisfy itself that the rights of the accused are

    16 respected, confirm that the accused understands the

    17 indictment, and instruct the accused to enter a plea.

    18 The Trial Chamber shall then set the date for trial.

    19 Rule 62 of the Rules of Procedure and

    20 Evidence, "Initial Appearance of Accused."

    21 Upon transfer of an accused to the seat of

    22 the Tribunal, the President shall forthwith assign the

    23 case to a Trial Chamber. The accused shall be brought

    24 before that Trial Chamber without delay, and shall be

    25 formally charged. The Trial Chamber shall:

  13. 1 (i) satisfy itself that the right of the

    2 accused to counsel is respected;

    3 (ii) read or have the indictment read to the

    4 accused in a language the accused speaks and

    5 understands, and satisfy itself that the accused

    6 understands the indictment;

    7 (iii) inform the accuse that, within thirty

    8 days of the initial appearance, he or she will be

    9 called upon to enter a plea of guilty or not guilty on

    10 each count, but that, should the accused so request, he

    11 or she may immediately enter a plea of guilty or not

    12 guilty on more than one count;

    13 (iv) if the accused fails to enter a plea at

    14 the initial or any further appearance, enter a plea of

    15 not guilty on the accused's behalf;

    16 (v) in the case of a plea of not guilty,

    17 instruct the Registrar to set a date for trial;

    18 (vi) in the case of a plea of guilty, act in

    19 accordance with Rule 62 bis;

    20 (vii) instruct the Registrar to set such

    21 other dates as appropriate.

    22 JUDGE RODRIGUES: [Interpretation] Thank you

    23 very much, Mr. Registrar.

    24 Further to the provisions which have just

    25 been read out, I will now ask the Defence, that is,

  14. 1 Mr. Visnjic, whether the amendments to the indictment

    2 were transmitted to Mr. Krstic and whether he

    3 understood the contents thereof.

    4 MR. VISNJIC: [Interpretation] Mr. President,

    5 the amendments have been conveyed to Mr. Krstic and he

    6 understood all the additional counts in the

    7 indictment.

    8 JUDGE RODRIGUES: [Interpretation] Mr. Krstic,

    9 you may remain seated. Have you understood the

    10 contents of the amended indictment and was it given to

    11 you in your own language?

    12 THE ACCUSED: [Interpretation] Yes, I

    13 understood it and I received it in my language.

    14 JUDGE RODRIGUES: [Interpretation] I will now

    15 ask the registrar, with the agreement of the Defence,

    16 to read only Counts 7 and 8.

    17 Isn't that correct, Mr. Visnjic?

    18 MR. VISNJIC: [Interpretation] Yes,

    19 Mr. President.

    20 JUDGE RODRIGUES: [Interpretation]

    21 Mr. Registrar, please.

    22 THE REGISTRAR: [Interpretation] Counts 7 to 8

    23 (Deportation, Inhumane Acts).

    24 The Prosecutor re-alleges and reincorporates

    25 by reference paragraphs 4, 6, 7, 11, 24.1, 24.3, 24.4

  15. 1 through 24.6, 24.8, 24.9, and 24.11 above.

    2 Beginning on 11 July 1995 and continuing

    3 through 13 July 1995, Radislav Krstic committed,

    4 planned, instigated, ordered, or otherwise aided and

    5 abetted the planning, preparation, or execution of a

    6 crime against humanity, that is, the deportation or

    7 forcible transfer of Bosnian Muslims from the

    8 Srebrenica enclave.

    9 By his respective acts and omissions

    10 described in paragraphs 4, 6, 7, 11, 24.1, 24.3 through

    11 24.6, 24.8, 24.9, and 24.11, Radislav Krstic

    12 committed:

    13 Count 7: Deportation, a crime against

    14 humanity, punishable under Article 5(d), and 7(1) and

    15 7(3) of the Statute of the Tribunal.

    16 Alternatively,

    17 Count 8: Inhumane acts (forcible transfer),

    18 a crime against humanity, punishable under Article

    19 5(i), and 7(1) and 7(3) of the Statute of the

    20 Tribunal.

    21 Dated this 27th day of October, 1999, at The

    22 Hague, the Netherlands. Signed, the Prosecutor, Carla

    23 del Ponte.

    24 JUDGE RODRIGUES: [Interpretation] Mr. Krstic,

    25 in respect of Count 7, deportation, do you plead guilty

  16. 1 or not guilty?

    2 THE ACCUSED: [Interpretation]

    3 Mr. President --

    4 JUDGE RODRIGUES: [Interpretation] You may

    5 remain seated when you answer.

    6 THE ACCUSED: [Interpretation] I'm not

    7 guilty.

    8 JUDGE RODRIGUES: [Interpretation] Count 8,

    9 inhumane acts, do you plead guilty or not guilty?

    10 THE ACCUSED: [Interpretation] Not guilty.

    11 JUDGE RODRIGUES: [Interpretation]

    12 Mr. Registrar, you will note the plea of not guilty by

    13 Mr. Krstic.

    14 Just one moment, please. Excuse me, but I

    15 realised that there was an amendment in Count 6,

    16 paragraph (e), that this is new. I may have to read

    17 out that new element, and even though it is a

    18 formality, I think we have to ask Mr. Krstic so that

    19 things are clear.

    20 I will ask the registrar to read paragraph

    21 (e) of Count 6, that is, paragraph 29 and 31(e).

    22 THE REGISTRAR: [Interpretation] Count 6

    23 (Persecutions).

    24 The Prosecutor re-alleges and reincorporates

    25 by reference paragraphs 4, 6, 7, 11, and 22 through 26

  17. 1 above.

    2 The crime of persecutions was perpetrated,

    3 executed, and carried out by or through the following

    4 means:

    5 (e) the deportation or forcible transfer of

    6 Bosnian Muslims from the Srebrenica enclave.

    7 JUDGE RODRIGUES: [Interpretation] Mr. Krstic,

    8 this is a new addition to the amended indictment. In

    9 respect of this element of Count 6, do you plead guilty

    10 or not guilty to Count 6?

    11 THE ACCUSED: [Interpretation] Not guilty.

    12 JUDGE RODRIGUES: [Interpretation] Will you

    13 take note of this, Mr. Registrar, that is, the plea of

    14 not guilty to Count 6.

    15 Mr. Harmon, do you have a question?

    16 MR. HARMON: No, I don't, Mr. President, but

    17 for the sake of absolute clarity, all of the predicate

    18 paragraphs to all of the counts had minor amendments in

    19 that they incorporated other paragraphs that were

    20 contained in the body of the indictment. So in a

    21 technical sense, there has been an amendment to each of

    22 the counts merely by reincorporating more of the

    23 paragraphs. So for the sake of clarity and

    24 transparency, I bring that to Your Honours' attention.

    25 JUDGE RODRIGUES: [Interpretation] What are

  18. 1 the counts that you are suggesting be read out?

    2 MR. HARMON: Mr. President, there was a very

    3 small change in the predicate paragraph to Counts 1 and

    4 2; similarly, to Count 3; similarly, to Counts 4 and

    5 5.

    6 JUDGE RODRIGUES: [Interpretation] But these

    7 are not substantial modifications, are they?

    8 MR. HARMON: They are not. They essentially

    9 expand, if you will, the paragraphs that are identified

    10 as supporting the particular counts. The Defence,

    11 Mr. President, has had in the previous indictment the

    12 paragraphs that are now referred to and incorporated

    13 into this new amended indictment. What we did was we

    14 identified paragraphs that had been inadvertently

    15 omitted in the updated indictment; we captured them and

    16 incorporated them in the predicate paragraph now to

    17 each of the counts.

    18 JUDGE RODRIGUES: [Interpretation] But the

    19 Defence agreed that these were not substantive changes,

    20 and that's why we proceeded as we did; otherwise, we

    21 would have to read the entire indictment.

    22 MR. HARMON: I'm completely satisfied,

    23 Mr. President, if the Defence is satisfied, to make

    24 that representation and accept those as not being

    25 necessary to reread the whole indictment. I'm

  19. 1 satisfied to proceed on that basis.

    2 JUDGE RODRIGUES: [Interpretation] Once the

    3 Defence agreed to this procedure, I would say that the

    4 essential amendments were read out, were considered,

    5 and that includes the new counts, because there are

    6 some small amendments. But in any case, I would like

    7 to have everything to be clear and to ask Mr. Visnjic

    8 for his opinion.

    9 MR. VISNJIC: [Interpretation] Mr. President,

    10 I agree. We have no objections.

    11 JUDGE RODRIGUES: [Interpretation] All right.

    12 We have had the formal Initial Appearance of Mr. Krstic

    13 in respect of the new counts, essentially 7 and 8. We

    14 have read out Count 6, that is, paragraph 31(e), only

    15 so that things be clearer, but I believe the essential

    16 changes are contained in Counts 7 and 8.

    17 For the time being, we must only remind the

    18 Prosecutor of the obligations pursuant to Rule 62 of

    19 the Rules, but once we have made changes of legal

    20 characterisations, but that the facts do not change, I

    21 think that was the -- there was a legal

    22 classification. But there are, in fact, no new facts,

    23 and this is why I think that there would be no point in

    24 recalling the allegations of the Prosecutor to give all

    25 supporting material to the Defence at the time of the

  20. 1 confirmation, that is, the amended indictment, to ask

    2 how long the Prosecutor intends to take before giving

    3 the documents.

    4 I think once there's a legal

    5 classification -- I would like to ask the question of

    6 the parties. Taking into account the fact that we have

    7 set a date for the Status Conference of the 6th and 8th

    8 of December, I would like to hear the opinion of the

    9 parties.

    10 Mr. Prosecutor.

    11 MR. HARMON: Mr. President and Your Honours,

    12 we have proceeded in this case by providing to the

    13 Defence massive amounts of discovery; we continue to do

    14 so. We will provide the Defence very shortly with the

    15 materials supporting the amended indictment. We have

    16 provided him with expert reports; we have started

    17 providing him with expert reports in January of this

    18 year. We are providing him today with another report

    19 of an expert. So we are having a fulsome discovery and

    20 we are prepared -- on my conversations on the last

    21 occasion with Mr. Petrusic, once the amended indictment

    22 was presented to the accused, Mr. Petrusic,

    23 Mr. Visnjic, and I agreed to sit down and discuss what

    24 are the contested issues contained within this amended

    25 indictment, and we will attempt to resolve, as

  21. 1 expeditiously as possible, and identify for the Court

    2 the issues that will be tried in this case.

    3 I think we are proceeding at a good pace.

    4 There's cooperation at this point in time in the case

    5 between the Defence and the Prosecutor's office. I'm

    6 satisfied that we will make significant progress and we

    7 will make progress during the Status Conference on the

    8 6th through the 8th.

    9 JUDGE RODRIGUES: [Interpretation]

    10 Mr. Visnjic, what is your opinion?

    11 MR. VISNJIC: [Interpretation] Mr. President,

    12 I fully agree with what my colleague, Mr. Harmon, said;

    13 however, as for the specific dates, the 7th and 8th of

    14 December, are concerned, I have to place a reservation

    15 on this, in view of the indictment itself and the

    16 points that we are contesting. I can't state my views

    17 now because Mr. Petrusic is not here, so perhaps it is

    18 from that point of view that I'm placing a reservation,

    19 so to speak, on the dates, the 7th and 8th of

    20 December. Perhaps we are going to object, and then

    21 depending on how this objection is resolved, we're

    22 going to continue our cooperation with the Office of

    23 the Prosecutor.

    24 Thank you.

    25 JUDGE RODRIGUES: [Interpretation]

  22. 1 Mr. Visnjic, I believe that you spoke about the 7th and

    2 8th of December, but I think we had set the 6th and the

    3 8th.

    4 MR. VISNJIC: [Interpretation] Yes, possibly I

    5 made a mistake.

    6 JUDGE RODRIGUES: [Interpretation] As regards

    7 the organisation of the work, I suggest to the parties

    8 that we keep the date of the 6th and the 8th for the

    9 Status Conference, at which point we can go into a more

    10 in-depth analysis of all these questions. It isn't

    11 necessary to set the date for the Status Conference now

    12 because they have already been set. We will keep those

    13 dates, that is, the 6th and the 8th of December, and we

    14 will take advantage of that opportunity in order to see

    15 where things stand, according to the indications that I

    16 was given before as the Pre-Trial Judge when we had our

    17 last Status Conference.

    18 I don't know if you are in a position to

    19 submit to me a memo with a brief answer so that I can

    20 properly prepare the Status Conference for the 6th. My

    21 idea was that at that time, through Mr. Olivier Fourmy,

    22 I had indicated that I would like, at least eight days

    23 before the date of the 6th, to have your opinions about

    24 the proposals, which I had made to you as the Pre-Trial

    25 Judge on the last occasion. If you could do that, it

  23. 1 would be better in terms of the efficiency of our

    2 work. I say eight days, or five days. It's not really

    3 a preemptory time period, it's not absolute. But I

    4 will wait to hear from you so we can prepare for the

    5 Status Conference on the 6th of December.

    6 I don't know whether the parties have any

    7 comments to make.

    8 Mr. Harmon.

    9 MR. HARMON: I only note for Your Honours'

    10 purpose that I will be leaving the country and I will

    11 not be back in the country until the 2nd of December,

    12 so it makes it difficult for me to communicate with my

    13 colleague. Mr. McCloskey can obviously deal with this

    14 issue, but I will be out of the country for a week on

    15 an unavoidable personal commitment, and therefore the

    16 memo that Your Honour receives may not be as complete,

    17 I think, because I would like to very much participate

    18 in assisting this Chamber in resolving issues at the

    19 pre-trial level, but we will direct the memo to you

    20 nevertheless. Thank you.

    21 JUDGE RODRIGUES: [Interpretation] Mr. Harmon,

    22 from the perspective of efficiency, would you prefer

    23 that we keep only the 8th of December, or can we also

    24 keep the 6th, in which case we would work with

    25 Mr. McCloskey.

  24. 1 MR. HARMON: I'm satisfied to maintain the

    2 6th through the 8th. I'll be back in time to work, and

    3 I think it is going to be work trying to resolve these

    4 issues, and I want to be a participant in those

    5 issues. So I think the 6th, the 7th, and the 8th will

    6 give us a good start on resolving issues. Thank you.

    7 JUDGE RODRIGUES: [Interpretation]

    8 Mr. Visnjic, do you agree with that? Do you have any

    9 final comments you would like to make?

    10 MR. VISNJIC: [Interpretation] Mr. President,

    11 I believe that the Defence is also going to have

    12 problems with time until then, so perhaps we are going

    13 to be a bit late with our memo, or perhaps it's not

    14 going to be as extensive as it would be otherwise.

    15 I'll be here until the 2nd, I think, so I

    16 won't be seeing Mr. Petrusic until the 3rd of December,

    17 so perhaps in advance I should explain to the Court

    18 that that which you will receive will not be as

    19 extensive and as qualitative as possible had things

    20 been usual.

    21 JUDGE RODRIGUES: [Interpretation] No.

    22 Perhaps I should be more clear. I don't want a

    23 five-page memo and not a hundred pages, but just a

    24 short memo rather, a short memo in answering the

    25 questions I asked during the last Status Conference.

  25. 1 I'm not talking about a hundred-page report. I'm just

    2 talking about a very short report in which you would

    3 say what the position of the parties is in respect of

    4 the questions that I asked during the last Status

    5 Conference. I think that's very simple. There are no

    6 problems. You don't have to prepare big case files

    7 with many appendices. It's only general indications in

    8 respect of the answers to the questions that I asked,

    9 that's all.

    10 With that clarification, I think we can close

    11 the session, and we will see one another on the 6th of

    12 December.

    13 The court stands adjourned.

    14 --- Whereupon the Further Appearance

    15 adjourned at 10.24 a.m., to be

    16 reconvened on Monday, the 6th day of

    17 December, 1999, at 10 a.m.