Tribunal Criminal Tribunal for the Former Yugoslavia

Page 11094

 1                           Tuesday, 28 October 2008

 2                           [Open session]

 3                           --- Upon commencing at 2.19 p.m.

 4                           [The accused entered court]

 5             JUDGE ANTONETTI: [Interpretation] Madam Registrar, please call

 6     the case.

 7             THE REGISTRAR:  Good afternoon, Your Honours.  Good afternoon,

 8     everyone in and around the courtroom.

 9             This is case number IT-03-67-T, the Prosecutor versus

10     Vojislav Seselj.

11             JUDGE ANTONETTI: [Interpretation] Very well.  Thank you, Madam

12     Registrar.

13             Good afternoon to the Prosecution, to Mr. Seselj, and to everyone

14     assisting us in this case.

15             Let's deal with a number of housekeeping matters before we have

16     the witness brought in.  First of all, let me turn to the Prosecution.

17     How much time have you planned for the examination-in-chief of the

18     following witness?

19             MR. MARCUSSEN:  Your Honours, I believe we have been granted

20     three hours for the presentation of the evidence of the witness, but

21     I think we can do with less than that.  Maybe two and a half hours or

22     maybe even less.

23             JUDGE ANTONETTI: [Interpretation] Very well.  I am asking the

24     question because of the following:  If things happen that way, we will

25     sit tomorrow, but not on Thursday, because Witness VS-32 will not be

Page 11095

 1     coming.  And I understand, Mr. Seselj, that you were not informed that

 2     VS-32 was not coming.

 3             THE ACCUSED: [Interpretation] No.  I said that ten minutes ago to

 4     the representative of the Registry, and I think that they should inform

 5     me at least yesterday, because this other witness was the first one on

 6     the list here today; and all the papers I brought in today were for that

 7     witness, who's not going to come.  I think that this is improper conduct

 8     on the part of the Prosecution.

 9             JUDGE ANTONETTI: [Interpretation] It may very well be that the

10     Prosecutor forgot to notify you.  I'm not sure.

11             Mr. Marcussen.

12             MR. MARCUSSEN:  Your Honours, in the circumstances under which

13     the witness in question was supposed to come, we have not been aware of

14     whether he was going to appear or not, so I'm afraid there is a -- it has

15     been difficult for everyone to know whether or not the witness would

16     actually be here today or not.  It's unfortunate if the accused had been

17     under the impression that it would be 32.  The witness we have been sure

18     about would be -- was 16.  And as we have two days -- well, we have three

19     days available this week, I'm sure the accused will be able to prepare

20     his cross-examination.

21             JUDGE ANTONETTI: [Interpretation] Very well.  Mr. Seselj, despite

22     all this, you'll be conducting the cross-examination of the next witness

23     tomorrow.  You'll have the opportunity to bring your documents tomorrow.

24             Secondly, I investigated the matter of telephone communications.

25     We made some inquiries with the Registry, and that's what we found out.

Page 11096

 1     Following the explanations given to us by the Registry, you had a

 2     telephone line with your associates, and you had been informed that this

 3     telephone line would be monitored, but they were unable to monitor that

 4     telephone line.  It appeared to be completely impossible, technically

 5     speaking.  That's why they told you -- they informed you that you were to

 6     make phone calls from the phone booth available to everyone at the

 7     detention centre.

 8             Well, I suppose that the Registrar could have set up a different

 9     system, but he has not done so.  You were right, indeed, to say that this

10     telephone line was cut.  Yes, that indeed happened.  But why?  Because

11     they could not monitor this particular telephone line.

12             I believe that at the moment, they are looking for another

13     telephone or another room to make things easier and where they can

14     monitor you.

15             So now I understand, because at the time when you told us about

16     this, I didn't understand why they had cut the telephone line.  And the

17     reason is a very technical and simple one.  They can't monitor that

18     telephone line.  Now, when it comes to the actual reason why, technically

19     speaking, they can't monitor that line, I have no idea.

20             THE ACCUSED: [Interpretation] Well, now I wonder whether you are

21     announcing a continuation of this monitoring to me, because the

22     Registrar's decision said that that would be within the period of 30

23     days, and that expires tomorrow.  I haven't received a new decision from

24     the Registrar yet, but I guess it's the standard mechanism like when they

25     banned all my telephone conversations with my family, friends, everybody,

Page 11097

 1     and visits by my family, friends, everybody, month by month.  It went on

 2     for seven months.  I'm not going to contact my associates under those

 3     conditions, anyway.  I call them almost every today, but we talk only

 4     about political questions through this regular telephone used by all the

 5     convicts.

 6             I do not want to discuss anything related to this case over a

 7     telephone that is monitored.  I will not.  So my communication with my

 8     associates has been completely cut off.

 9             JUDGE ANTONETTI: [Interpretation] Yes, you're right, this period

10     of 30 days is going to end tomorrow.  I have no idea what the Registrar

11     will decide.  It's up to him to decide what's to be done.  But you have

12     referred the matter to the Trial Chamber, and the Trial Chamber will rule

13     on this once our deliberations are over.  If the Registrar decides to

14     monitor your telephone communications again, well, I don't know, that's a

15     possibility.  I can't tell you anything about this.

16             The following witness will be a protected witness.  We need to

17     draw down the blinds and to move into closed session.  Madam Registrar,

18     closed session, please, and please draw down the blinds.

19                           [Closed session]

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19                           --- Whereupon the hearing adjourned at 7.00 p.m.,

20                           to be reconvened on Wednesday, the 29th day of

21                           October, 2008, at 2.15 p.m.