Tribunal Criminal Tribunal for the Former Yugoslavia

Page 6201

 1                           Thursday, 17 April 2008

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18                           [Open session]

19             JUDGE ANTONETTI: [Interpretation] Very well.  The hearing is

20     opened.  The open session is now re-opened.  This session will be devoted

21     on administrative or housekeeping matters, and I believe that

22     Mr. Marcussen wanted to intervene.  I don't know who wishes to take the

23     floor from the Prosecution.

24             MR. MARCUSSEN:  Good afternoon, Your Honours.

25             First, I was asked to just raise one logistical matter that came

Page 6257

 1     out of today's testimony, just to remind everyone that I think there was

 2     an indication that Your Honours would decide on the admission of

 3     MFI P376, which is under seal, after the cross-examination, but that's

 4     not while I'm here.  It's just a logistical matter I wanted to point out.

 5             I'm here to address Your Honours about next week's witnesses.

 6             JUDGE ANTONETTI: [Interpretation] Very well, but the

 7     Trial Chamber will render a decision on P376.  But before that, I would

 8     like to address a question to Mr. Seselj.  We won't be talking about

 9     witnesses or documents.  I can raise these questions in open session.

10             Mr. Seselj, you've introduced or submitted a certain amount of

11     documents.  The documents that you've submitted, would you like these

12     documents to be admitted into evidence, tendered, or not?

13             THE ACCUSED: [Interpretation] Mr. President, I'm not tendering

14     these documents at all.  I am deeply convinced that you will not accept a

15     single word of the last witness's testimony as true, so there is no

16     reason to burden the record.  And I would really be happy were you to

17     accept his entire testimony as truth.  That would really suit me.

18             JUDGE ANTONETTI: [Interpretation] Very well.

19             So I noticed that you've shown this document that did not have a

20     translation, and I believe that some of those documents were translated

21     only.  Would you please be so kind, when you know that some documents are

22     translated, to submit them or to ask the Registrar to give us English

23     copies so that we can follow at the same time.

24             Yesterday, I noticed that one of the documents that you have

25     shown was translated.  Unfortunately, the Prosecutor also did not hand us

Page 6258

 1     that document.  He had it, but we didn't know.  So that's only a

 2     technical matter.

 3             If you have documents that are translated into English, if you

 4     wish to submit these documents, would you please hand us those documents

 5     that are in English.

 6             THE ACCUSED: [Interpretation] Mr. President, if my memory serves

 7     me well, I submitted over 30 documents, classified into four groups.  Out

 8     of these, five or six were already in the possession of the OTP, and they

 9     put it in that binder of theirs.  I assume all these documents have

10     translations into English.  I've seen those.  So five or six out of those

11     30-odd documents are translated, but you will be able to see that the

12     other sets are also true because the OTP obtained these independently of

13     anything I did.  These are court documents, judgements and so on.  So the

14     OTP was partly informed on these issues, not fully informed, and I

15     provided the complete sets of the documents.  That's the difference

16     between what I did and the OTP did.  But as you saw, the OTP did not even

17     attempt to challenge any of that.

18             JUDGE LATTANZI: [Interpretation] I would like to say something.

19             The Presiding Judge was talking about the future, because you did

20     not ask for these documents to be tendered, the ones that you've

21     tendered.

22             THE ACCUSED: [Interpretation] I can't do that in the future,

23     either, because I am now -- I have a family visit tomorrow, four days,

24     and these visits are eight hours.  I have not a single day for

25     preparation, and I am surprised by the name of the witness.  I can't sit

Page 6259

 1     with my family for eight hours and then prepare for a hearing, so I can't

 2     prepare something early enough based on this kind of behaviour by the

 3     OTP, which springs a witness on me suddenly.

 4             JUDGE LATTANZI: [Interpretation] I'm sorry, but I would like to

 5     add something.

 6             It is very important to be attentive when the interpreters

 7     interpret my interventions.  I said something that I do not see here on

 8     the transcript.  I said, in fact, that the Presiding Judge was mentioning

 9     documents in the future.  Since the documents presented yesterday, and I

10     was talking to the accused, since yesterday you did not ask for those

11     documents to be tendered, there is no problem to have the translation of

12     those documents.  In fact, the Presiding Judge said there is no problem

13     and we do not see that in the English transcript.

14             JUDGE ANTONETTI: [Interpretation] Very well.

15             Mr. Marcussen.

16             MR. MARCUSSEN:  Thank you, Your Honours.

17             Just in light of what has just been said, it's the Prosecution's

18     understanding, then, that the documents that have been shown to the

19     witness in this way are used only for the purpose of impeachment and will

20     not be relied on later on for the truth of the substance of the

21     documents.  And because the documents are not admitted, all we have is

22     the parts that have been read into the transcript by the accused before

23     putting a question to a witness.  I just wanted to make that point.

24     That's at least our understanding, and that's the basis on which we

25     proceed on the case.  So if the accused wants to rely on these documents,

Page 6260

 1     he must seek to admit them later on, and that should probably be done

 2     during the Defence case.  If they were admitted now -- if he were to

 3     request the admission of these documents at this stage, it would still

 4     only be for impeachment purposes.

 5             I just wanted to make clear on the record what our understanding

 6     of the procedure is.

 7             The issue I was going to address with Your Honours now is the

 8     schedule for next week.

 9             As Your Honours know, the witness that was foreseen for next week

10     is undergoing surgery and will not be available.  We have managed to get

11     another witness to come.  It would be Witness VS-1065.  For this witness,

12     we have completed our Rule 66(A) disclosure, but because of the

13     construction work in the Detention Unit, we understand that the accused

14     doesn't have access to all his materials.  So before the hearing today,

15     we disclosed a new set of the witness statement and transcript from the

16     Milosevic case, when the witness testified there, plus a number of

17     exhibits, to the accused to facilitate his preparation.

18             Now, for this particular witness, Your Honour had rendered a

19     decision on the 7th of January, 2008, regarding the admissibility of the

20     witness evidence under Rule 92 ter.  Your Honours dismissed a request by

21     the Prosecution for the admission of the transcripts of the witness

22     evidence in the Milosevic case, but Your Honours left open the

23     possibility that the Prosecution could reapply for the admission of a

24     statement of the witness under Rule 92 ter.

25             Now, in light of the time, I'd like to make an oral application

Page 6261

 1     for the admission of a statement of the witness for next week.

 2             JUDGE ANTONETTI: [Interpretation] Mr. Marcussen, I will give you

 3     the floor in a few seconds, but I would just like to summarise for

 4     Mr. Seselj so you can understand -- so that he can understand.

 5             On the 7th of January, 2008, the Trial Chamber rendered a

 6     decision regarding this witness, the Witness VS-1065.  I will not mention

 7     the name of the witness, because protective measures have been applied

 8     for this witness.

 9             The Trial Chamber had decided that it will not rule on the 92 ter

10     decision in absence of a statement, because we did not have a statement.

11     At the time, you wanted to rely on the transcript of the Milosevic case.

12     You just told us that you have this statement, but it is our opinion that

13     this witness has to come to testify as a viva voce witness.

14             But there is a problem, and this is the problem, Mr. Seselj.  It

15     is as follows:  The witness can come next week, but the problem that you

16     may have is are you capable to get ready, to prepare yourself for next

17     week for this witness since you told us, and this is something that we

18     did not know, that your family is visiting you and you are going to be

19     busy with them for a couple of days.

20             So now the question I'm putting to you, Mr. Seselj, is quite

21     simple.  Would you accept that the witness, VS-1065, come next week, or

22     not, so that you may have sufficient time to prepare yourself for the

23     cross-examination of this witness, if the witness comes here to testify

24     as a viva voce witness?

25             THE ACCUSED: [Interpretation] In view of the fact that there is

Page 6262

 1     no alternative, I will prepare as best I can.  I've told you the

 2     difficulties I'm facing, but I will find a way to be ready for that

 3     witness.  I don't want to miss a single minute I have at my disposal to

 4     prepare.  There's no alternative, but I don't want to waste any working

 5     days.  I have no reason to procrastinate these proceedings.  I don't want

 6     them to be prolonged, and I don't want to waste time.  So I will prepare

 7     to the best of my ability.

 8             JUDGE ANTONETTI: [Interpretation] Very well.  That's good news.

 9             So let's make sure everything is very clear regarding this

10     witness.

11             The Prosecution will have two hours for the examination-in-chief,

12     and Mr. Seselj, the Defence, will also have two hours.  But when we're

13     saying "two hours," and two hours, it adds up to about two days

14     altogether with all the objections and all the time wasted and different

15     problems.  Normally, two plus two is four hours, but if we add up and

16     compound this with other problems, we'll end up with two days.

17             So, Mr. Marcussen, can the witness be here as of Tuesday morning?

18             MR. MARCUSSEN:  Yes, Your Honours.

19             JUDGE ANTONETTI: [Interpretation] Only good news today.

20             MR. MARCUSSEN:  Well, maybe -- maybe for -- maybe not for the

21     Prosecution, or I don't know.  We're prepared to do the witness as a live

22     witness.  As I was about to say, I was going to make an oral application

23     for the admission of the witness evidence under Rule 92 ter, but I don't

24     know if I should take your indication -- or what you've already said as

25     an indication that the Chamber wants to have this witness as a live

Page 6263

 1     witness.

 2             JUDGE ANTONETTI: [Interpretation] Very well, viva voce, and we

 3     are awaiting this witness for Tuesday morning.  Tuesday morning, we are

 4     sitting in the morning, and we start at 8.30 a.m.

 5             Please continue, Mr. Marcussen.

 6             MR. MARCUSSEN:  Then I don't have much else to say.  The only

 7     thing I would say is the witness do identify a number of victims, and I

 8     will do my best to present the witness evidence in two hours.  But

 9     depending on how it goes when we see the witness on Monday, I just want

10     to foreshadow the possibility that we might have to ask for a short

11     extension of that time.  But we can deal with that once the witness is

12     here.  But in light of what Your Honours have said, we can leave it like

13     this, and we'll start Tuesday morning.

14             JUDGE ANTONETTI: [Interpretation] Very well.

15             I would like to move to private session for a few minutes.

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15                           [Open session]

16             THE REGISTRAR:  Your Honours, we are back in open session.

17             THE ACCUSED: [Interpretation] I have three procedural issues to

18     raise.

19             Firstly, I received from the OTP a list of the video

20     documentation they have, with a proposal that I should mark what I need

21     on that list.  I am now informing both the OTP and the Trial Chamber that

22     I need everything.  That video documentation is so interesting, in my

23     eyes, that I could find nothing I would exclude from it.  Therefore, I

24     request that the entire collection be disclosed to me.  It's voluminous,

25     but I believe it's a whole mine of information, and I will engage my

Page 6285

 1     associates to view it all.  I'm sure I will find much that is useful.

 2             Secondly, another problem has arisen in the Detention Unit.  It

 3     refers to discrimination of Orthodox Serbs in relation to other

 4     detainees.

 5             I received -- I ordered, in a timely manner, roast meat and cakes

 6     for the Orthodox Easter, which is on Sunday, the 27th of April.  We did

 7     this on time, according to the procedure we followed in previous years,

 8     and I received an answer from the Detention Unit that what I ordered

 9     cannot be delivered on Easter Sunday, but only on Friday.  If this is

10     being prepared on Thursday, to be delivered on Friday, it has to stand

11     there for three days before we celebrate our chief religious holiday.

12             Recently, we had the other Easter, and everything that they

13     ordered was delivered on Sunday morning, before noon.  It was all fresh.

14     The meat, the cakes, everything was fresh, and that was delivered on the

15     Catholic Easter.

16             I have decided to boycott this.  I want to tell you that this is

17     flagrant, blatant discrimination.  We were not able to celebrate the

18     Serbian New Year.

19             JUDGE ANTONETTI: [Interpretation] Mr. Seselj, you said on Sunday,

20     food could not be delivered, but maybe the people who can deliver do not

21     work on Sunday.  Maybe it's as simple as that.

22             THE ACCUSED: [Interpretation] Well, then they should have been

23     closed on the Catholic Easter as well, because the owner of the shop is a

24     Croat, a Catholic, and he was able to deliver all this fresh to the

25     Catholics.  But when he has to deliver to Orthodox Serbs, he doesn't want

Page 6286

 1     to be open on Saturday or Sunday.  That's the essence of the problem.

 2             JUDGE ANTONETTI: [Interpretation] Why don't you change caterer?

 3     Why don't you take another caterer?

 4             THE ACCUSED: [Interpretation] He's not my caterer.  It's the

 5     management of the Detention Unit that cooperates with him.  And for the

 6     same reason, why there is an enormous number of Catholic Croats employed

 7     in the OTP, the administration of the Court, the Detention Unit and so

 8     on.  It's all oriented in that way.

 9             Let me remind you about the Serbian New Year.  They said they had

10     lost my order form.  I ordered this for the entire floor I'm on.  And let

11     me remind you -- let me remind you that I have not yet received those

12     T-shirts of the most popular Serbian football team and the Serbian Judo

13     Federation.  These have not been delivered yet.  Had these been ordered

14     by Croats or Albanians, they would have received everything they wanted

15     right away.  They can wear the T-shirts of their national football teams,

16     but when it comes to the Serbs, we're not allowed to do any of this.  The

17     Detention Unit said I could have a T-shirt for myself, but I ordered

18     T-shirts for all the Serbs in the Detention Unit, and they said, "Well,

19     no, that you can't do."

20             That was the second issue I wanted to raise.

21             JUDGE ANTONETTI: [Interpretation] What team is it from Belgrade?

22     The T-shirts represents which team?

23             THE ACCUSED: [Interpretation] Why should I now, on public

24     television, advertise one football club?  I don't want to say which one

25     it is.  I am not a passionate supporter of any particular club, so I

Page 6287

 1     don't want to say that, because I don't want people to say, "That's the

 2     club he supports."  But it was the T-shirts of that club that we happened

 3     to find were available.

 4             JUDGE ANTONETTI: [Interpretation] No, I asked you that question

 5     because I thought that maybe you are a supporter of one particular club,

 6     maybe you are a supporter of all clubs.  So I understand you didn't

 7     really answer to this question.

 8             Yes, Mr. Mundis.

 9             MR. MUNDIS:  Your Honours, with all due respect, I don't believe

10     the last two subject matters are matters that need to be taking the

11     Trial Chamber's time at this point.  I mean, the accused can certainly

12     raise the issues concerning the catering and the football shirts through

13     the appropriate authorities in the Registry, with the Detention Unit.  I

14     don't believe this is something that we need to be spending our time on

15     here.

16             JUDGE ANTONETTI: [Interpretation] But, Mr. Mundis, these

17     administrative matters linked to the detention may have an incidence [as

18     interpreted] on the state of mind of the accused, and if his state of

19     mind is not happy, then it can have obviously an incidence

20     [as interpreted] on his behaviour.

21             I will ask what the thing is, why the catering problem is a

22     problem, but I was told they were on vacation.

23             THE ACCUSED: [Interpretation] He's not on vacation.  He doesn't

24     want to work on weekends, on Saturdays and Sundays, but he did want to do

25     that when it was Catholic Easter.  He's not on vacation.

Page 6288

 1             JUDGE ANTONETTI: [Interpretation] Very well.  That's one answer.

 2             As for the football jerseys, well, I told you what I thought

 3     about this.  I don't see why your colleagues and those with you shouldn't

 4     have football jerseys if you give them for free.  I don't think that this

 5     could have an incidence on the law and order in the prison or

 6     Detention Unit.  I'll try to see what I can do about this.

 7             But I think there was a third thing?

 8             THE ACCUSED: [Interpretation] Well, it's a complex issue which

 9     concerns the situation that we're all aware of, and that is that the OTP

10     is not prepared for these proceedings and that the OTP has called a

11     number of false witnesses in the process, witnesses who lie.

12             These witnesses are not an exclusive thing of this trial alone.

13     There have -- they have been elsewhere as well, but their number is

14     extremely high here.  And this is very obvious.  I believe that the

15     Trial Chamber has noticed it as well, as did the general public.  An

16     answer has to be given as to why this is so, and the answer has appeared

17     in Carla Del Ponte's book.  "The Politika" of Belgrade, the most

18     reputable Serbian daily, has published on its two pages some excerpts

19     from Carla Del Ponte's book under the title "Djindjic," Djindjic who

20     talks to Carla Del Ponte who says, "Take Seselj and don't bring him

21     back."  Carla Del Ponte in her book explains that she issued the

22     indictment against me on the order of Serbian Prime Minister,

23     Mr. Zoran Djindjic.  That's what she published in her book.

24             She was the main Prosecutor, she signed the indictment against

25     me, and I believe I had to inform the Trial Chamber about that.  I don't

Page 6289

 1     know if you've read the book or not.  It was published in Italian, and

 2     the Serbian media keep on publishing excerpts from the book.  And in her

 3     book, Carla Del Ponte speaks in very bad taste about you, Your Honour,

 4     Judge Antonetti, but let me not tell you what she tells about you in that

 5     book.

 6             JUDGE ANTONETTI: [Interpretation] I didn't know that she was

 7     talking about me.  I will look into this with interest.

 8             THE ACCUSED: [Interpretation] I'm not going to tell you anything

 9     in advance.  I will leave the pleasure to you.  But what matters to me is

10     what she says about me, and amongst other things she explains in the book

11     that Zoran Djindjic asked her to issue an indictment against me and told

12     her, "Take Seselj away and don't bring him back," and that is the

13     background of the indictment against me.

14             When an indictment is issued on somebody's orders, it can only be

15     corroborated by false witnesses, witnesses who lie.  Carla Del Ponte has

16     left, but Mr. Mundis, Mr. Marcussen, and his team have remained here to

17     see the thing through.  They are performing the orders of somebody who is

18     no longer responsible for her acts, but rather explains publicly why the

19     indictment was raised in the first place.  And these proceedings are like

20     a whale without a head sailing across the oceans.  False witnesses are

21     being brought in, and I believe the Trial Chamber should adopt a position

22     with regard to Carla Del Ponte's statement about this trial and about the

23     background of the indictment that was issued in the trial.

24             The mafia prime minister, Zoran Djindjic, fled five years ago and

25     no questions can be asked of him, but Carla Del Ponte is still alive, and

Page 6290

 1     I believe that this is an example of blatant disrespect of the OTP, i.e.,

 2     a crime that was committed while she was in office.  She committed a

 3     crime while she was in office because she raised the entire indictment

 4     upon somebody's political request.  And this is not the only abuse of her

 5     Chief Prosecutor's office.  There are many such cases, but this case is

 6     obviously the most interesting for me, and that's why I'm presenting it

 7     to you here in the courtroom.

 8             JUDGE ANTONETTI: [Interpretation] Mr. Mundis, to finish it off.

 9             MR. MUNDIS:  Thank you, Mr. President.

10             Your Honours, the Prosecution objects to the accused being

11     allowed to come in and make speeches, make political comments, make

12     allegations that are bordering on -- allegations concerning members of

13     the Prosecution team in this case.  With all due respect, I would suggest

14     that if a Defence counsel were to make these kinds of comments, he would

15     be sanctioned by the Trial Chamber, and it's inappropriate for this

16     accused to come in here and make these kinds of comments on --

17             JUDGE ANTONETTI: [Interpretation] Mr. Mundis.

18             MR. MUNDIS:  Yes, sir.

19             JUDGE ANTONETTI: [Interpretation] Mr. Mundis, differently from

20     you, I don't know what is in this book, but if in this book the

21     Prosecutor says that, "It is upon the request of the Prime Minister that

22     I am drawing up an indictment," I don't see why Mr. Seselj should be

23     banned from saying this.

24             MR. MUNDIS:  If that's the case, Your Honour, and I haven't read

25     the book, either, I don't read Italian, if that's --

Page 6291

 1             JUDGE ANTONETTI: [Interpretation] The best thing is for everyone

 2     to read the book, and then we will see, once the book is read.

 3             MR. MUNDIS:  If the accused wants to raise a motion, he can raise

 4     a motion.  He can -- what we're objecting to is simply coming in here and

 5     making some kind of a speech.  If he's asking the Chamber for specific

 6     relief on a specific legal issue, for which there is a specific legal

 7     remedy, all the power to him.  What I'm objecting to is him coming in

 8     here and spending 45 minutes making speeches, for which no remedy is

 9     being sought.  And I simply at this point want to put that on the record.

10             With respect to the first issue that he raised, the videotapes, I

11     will undertake a review, in terms of trying to determine how many

12     hundreds, if not thousands, of hours of videotape he's asking for, if he

13     asks for the entire collection.  I will state that the majority of that

14     material is in English.  Our position will be, and we will ask the

15     Trial Chamber after I've conducted a review of this, we will be asking

16     the Trial Chamber to reconsider some of its decisions concerning

17     providing material in the Serbian language on the grounds that if the

18     accused and his associates have time to review hundreds or thousands of

19     hours of videotape in English, then they certainly have time to review

20     suspect interviews and other material that's recorded and in the English

21     language.  So we will be coming back to that issue after I've had a

22     chance to determine precisely how many hours of material it is we're

23     talking about, but it is huge.  As I've indicated, there are thousands of

24     videotapes in our possession.  If the accused wants them all, then we

25     will endeavour to do that, but if he has time to review those, and they

Page 6292

 1     are in English, then he certainly has time to be reviewing other material

 2     in the English language, and so I will be coming back to that issue after

 3     I have additional information.

 4             JUDGE ANTONETTI: [Interpretation] Very well.

 5             Now, to finish this and to come back to Mrs. Del Ponte, I don't

 6     know what is in the book, but I will immediately look into it.  But as

 7     far as I'm concerned, as a Judge, I do not write books, I do not

 8     criticise anyone in writing.  So first I would like to know exactly what

 9     is included in this book.  And if there is any judicial procedure that is

10     to be launched, I will do so.  End of story.

11             Now, we will adjourn, and we will meet again on Tuesday morning

12     at 8.30.

13             Mr. Seselj.

14             THE ACCUSED: [Interpretation] Let me quote just one sentence from

15     Carla Del Ponte's book.  She says:

16             "Djindjic, with regard to --"

17             JUDGE ANTONETTI: [Interpretation] Mr. Seselj, this is pointless.

18     We will look into this, as I told you.

19             THE ACCUSED: [Interpretation] Very well.  Okay, I will not do

20     that.  But Mr. Mundis has said something really dangerous here.  He now

21     wants you to reconsider your decision about the disclosure of documents.

22             Obviously, you can do whatever you please, but videotapes are

23     reviewed by eyes, not by ears.  The important thing is to see what is

24     there, and if you come by a fragment that might be of some interest, then

25     obviously the few sentences connected to it can be translated.

Page 6293

 1             Second of all, it is absolutely impossible for any document to be

 2     disclosed in English or the interview of somebody's -- or the recording

 3     of somebody's interview on a videotape.  I am asking only for videotapes

 4     of some relevant historical events, the original videotapes, not

 5     interviews of somebody regarding some historical events.  That's not what

 6     I'm interested in.

 7             JUDGE ANTONETTI: [Interpretation] Very well.

 8             Mr. Mundis said that he was going to review this.  He will see,

 9     and of course we will take everyone's opinion into account to see if

10     something needs to be changed.  But I think I understood that what you

11     wanted at first was to have the videos, watch these videos with your

12     associates, and, if need be, if there's need for translations, then there

13     will be translations, especially if you want to use this as evidence.

14             So as I said earlier, we are now adjourning, and we will resume

15     on Tuesday at 8.30.

16             Every time I want to adjourn, you want to take the floor again.

17     We can play this game until tomorrow.

18             THE ACCUSED: [Interpretation] Mr. President, that's the end.  If

19     I need a translation of a videotape, I'm going to send a written request

20     to the Secretariat -- to the Registry for the thing to be translated into

21     B/C/S.

22             JUDGE ANTONETTI: [Interpretation] Very well.  I hope that we are

23     ending our session right now, so see you on Tuesday.

24                           --- Whereupon the hearing adjourned at 6.03 p.m.,

25                           to be reconvened on Tuesday, the 22nd day

Page 6294

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