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
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
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.
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,
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
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]
11 Pages 11098-11190 redacted. Closed session.
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.