1 Wednesday, 9 April 2003
2 [Open session]
3 [The accused entered court]
4 [The accused Zaric not present]
5 --- Upon commencing at 10.00 a.m.
6 JUDGE MUMBA: Good morning. Please call the case.
7 THE REGISTRAR: Good morning. Case number IT-95-9-T, the
8 Prosecutor versus Blagoje Simic, Miroslav Tadic and Simo Zaric.
9 JUDGE MUMBA: Yes. We are supposed to continue with the witnesses
10 for Mr. Simo Zaric. What is the latest position?
11 MR. LAZAREVIC: Your Honours, last time we had the opportunity to
12 talk to Mr. Zaric, yesterday afternoon, and we were informed that after
13 his arrival in the detention unit, he received three injections of some
14 sedatives and pain killers and he felt much better but after certain time,
15 pain started again and he was in pain when he called us and he said that
16 he is not aware of what his condition is going to be. This morning we
17 were informed he was not there. I still didn't have the opportunity to
18 speak with him and check whether he will be able to come tomorrow and what
19 his condition is going to be and what is the estimation of the medical
21 JUDGE MUMBA: Very well, in that case, we are unable to continue
22 hearing his witnesses until further notice. Hopefully maybe tomorrow he
23 will be able to attend. The Trial Chamber wanted to find out from the
24 Prosecution, there was a matter in which they said they would be able to
25 respond today or is it Friday? Of the matters raised by Mr. Pantelic.
1 MR. RE: Thank you, Your Honour. Mr. Pantelic handed this to us
2 on the way in this morning. It being the foot notes to the
3 General Wilmot's report. There is also, we discovered, two and a half
4 days of testimony before the Stakic trial in relation to his testimony --
5 sorry, in relation to the evidence. We need at least a week to read all
6 this material, enter it on to our system to be in a position to respond to
7 Mr. Pantelic's proposed tender of the exhibit. Could we have until Friday
8 in relation to the other -- we don't object at the moment to the -- I
9 can't think of the exhibit number, the use of the paramilitary's document.
10 MR. PANTELIC: Maybe I can help to my friend. It's order of
11 Presidency regarding the volunteers, I believe.
12 MR. RE: I'll do this in order. I'm sorry. The Prosecution
13 doesn't object to D177/1 ID. We have read D178/1 ID which is apparently
14 an extract or a chapter from a book we've read it overnight. Or
15 yesterday. We were just asked for -- until Friday to.
16 JUDGE MUMBA: To respond.
17 MR. RE: To respond to this. And of course to compare it to
18 General Wilmot's report and if we could possibly have a week, given that
19 we've just received all of this information, two lever-arch folders of
20 footnotes which we say is a realistic or reasonable time, just to get on
21 top of it.
22 JUDGE MUMBA: Yes. Very well. You have the time granted as
23 requested. Mr. Pantelic?
24 MR. PANTELIC: Yes, Your Honour, thank you. Just to inform Trial
25 Chamber that this morning I provided three copies of documents relating to
1 the General Wilmot's report. These are actually footnotes. There are
2 117. In fact, there is 100 here because we are still in process of
3 copying of various extracts of regulations of army. I mean, in order to
4 facilitate reading of General Wilmot's report so it's just for the
5 convenience of our learned friends in the Prosecution, also for the Trial
6 Chamber. These are quite well-known documents related to the JNA or VRS,
7 international regulations, et cetera. So basically, that's it. We are
8 doing our best to prepare the rest of these footnotes for today.
9 JUDGE MUMBA: Very well.
10 MR. PANTELIC: That's one thing. Another thing, Your Honour,
11 Defence for Mr. Blagoje Simic would like to tender, to offer into
12 evidence, one document which might be of importance for this case. This
13 is the -- actually, order of -- this is the order of Presidency of SFRY
14 issued on 13 of April, 1988 and the title is, "Order on the application of
15 the international laws of war in the armed forces of the Socialist
16 Federative Republic of Yugoslavia." I have three copies for the Bench,
17 one copy, English translation, B/C/S, and I have one copy for the -- for
18 our learned friends from the Prosecution.
19 [Trial Chamber confers]
20 JUDGE MUMBA: Yes. Can we have the number for identification?
21 THE REGISTRAR: This will be treated as document 179/1 ter ID --
22 D179/1 ter ID and D179/1 ID. Thank you.
23 MR. PANTELIC: And another matter, Your Honour, yesterday the
24 Senior Legal Officer of the Trial Chamber informed me, actually left a
25 message on my portable phone because I was attending the judgement in
1 Celebici case, so also our case manager informed me yesterday that Defence
2 for Blagoje Simic should take necessary measures with respect to the
3 presence of the four 92 bis witnesses next week in The Hague and the
4 situation is the following: We immediately contacted witnesses and
5 Mr. Simo Jovanovic apparently is not in possession of passport. That's
6 one problem and it can be resolved within a couple of days, but the other
7 problem is that he's taking care about his ill mother and then at least
8 one week he will not be able to travel from Samac. We tried to contact
9 Mr. Lazar Mirkic and Mr. Branislav Marusic who are also on the list. They
10 are very occupied on their private businesses. They're travelling a lot,
11 so we left a message to their offices and during this morning we could
12 have response with regard to their availability and also the same applies
13 to Mr. Cedomir Simic because we weren't able to find him in his office
14 because it was late yesterday, around 3.00, 3.30 and I believe this
15 morning we could arrange it and we shall accordingly inform Senior Legal
16 Officer with the status of and possibility, availability of these
17 witnesses to come next week on Monday and Tuesday. And also, yes, we -- I
18 don't know what is our schedule for next week, until which day we are
19 sitting? Is it Wednesday or --
20 JUDGE MUMBA: We are sitting as from Monday, all the working days.
21 MR. PANTELIC: All week?
22 JUDGE MUMBA: Yes.
23 MR. PANTELIC: Okay. Thank you very much.
24 JUDGE MUMBA: I said on all the days that are working days.
25 That's what I said.
1 MR. PANTELIC: Yes, thank you.
2 JUDGE MUMBA: The Trial Chamber is actually issuing an order for
3 these witnesses to travel to The Hague and be heard so that this question
4 of their private businesses shouldn't interfere with our work. They are
5 under obligation to comply and come so that we can hear their witnesses
6 next week so you must take steps to ensure that they understand that they
7 are under orders to appear.
8 MR. PANTELIC: Yes, Your Honour, I will do my best to inform them
9 during this day.
10 JUDGE MUMBA: Any other matters?
11 MR. RE: Yes, thank you, Your Honour. Could I just briefly
12 revisit D178/1 for a moment? Which is the book extract? I don't have --
13 I apologise I don't have the benefit of the a transcript from yesterday
14 with me in court at the moment, but my recollection is it wasn't entirely
15 clear at the time the purpose for which this was asked to be tendered into
16 evidence. If it's not there, could perhaps Mr. Pantelic put on the record
17 who the author of this report is -- or book is, what it is, where it's
18 from, and why he wishes to tender it into evidence, its relevance? That
19 would greatly assist the Prosecution in deciding whether or not -- in its
20 attitude to the tender of the document. It's just a little bit unclear
21 yet from what we have which appears to be a chapter of an unnamed book.
22 JUDGE MUMBA: Yes, I'm sure Mr. Pantelic can answer that.
23 MR. PANTELIC: Yes, Your Honour. I believe that I mentioned that
24 yesterday on the transcript but I can repeat that, no problem. The author
25 of this book is Colonel Stublincevic, Stublincevic. The title is -- you
1 can find it at the left bottom side with a small letters, left bottom.
2 JUDGE MUMBA: What is the title?
3 MR. PANTELIC: The title is, "So they wanted." That's the title
4 of the book. Colonel Stublincevic was the commander of 17th Corps of JNA
5 in month of March, actually January, February, March, and April, and May,
6 1992. In this part of his book, he's speaking about the orders from the
7 2nd Army District under the command of General Kukanjac, who is covering
8 all area including Samac and neighbouring area and he speaks in his
9 book -- that's personal testimony, I would say -- about the movements of
10 JNA units prior to 16 of April, 1992, in this area, and certain military
11 orders regarding the position of the JNA units in this area. And it's
12 kind of -- I would say -- corroborative evidence of the role of JNA in the
13 region of Posavina and more precisely in Samac.
14 JUDGE WILLIAMS: Excuse me, I think we also should know the year
15 of publication and who the publishing company was.
16 MR. PANTELIC: Yes, Your Honour.
17 JUDGE WILLIAMS: Just to have all full details.
18 MR. PANTELIC: I will do my best to get the cover page of the
19 book. The publisher is some publishing company from Belgrade, and the
20 year of publishing is 2000. I think 2000, yes.
21 JUDGE MUMBA: Yes.
22 MR. RE: Thank you for that. There are two other evidentiary
23 issues. One was the outstanding revised translation of D141/3, which the
24 Chamber's legal officer has contacted us about.
25 JUDGE MUMBA: Yes.
1 MR. RE: The Prosecution has a revised translation, we have had it
2 translated twice. We concede, I think what Mr. Krgovic read on to the
3 record at the time but we do have it in revised form. There were some
4 words left out in the translation. Then the second translation. The
5 third revised translation we think is the right one. I can either tender
6 that or if the Trial Chamber is satisfied with the concession we make as
7 to the accuracy of what Mr. Krgovic read, I'm in the Trial Chamber's hands
8 on this.
9 [Trial Chamber confers]
10 JUDGE MUMBA: This is the agreed with the defence?
11 MR. RE: Yes, yes, they have copies of it and they agree the
12 revised translation is the correct one.
13 JUDGE MUMBA: Yes, I think we can have it -- if you can tender it.
14 MR. RE: Formally tender a revised translation into evidence.
15 JUDGE MUMBA: Yes. It will retain the same number as already
16 admitted. This is only the translation, the English.
17 MR. RE: That's right, it's a replacement, I think.
18 JUDGE MUMBA: Any other matters?
19 MR. RE: There was one other. Last week, Mr. Lukic for Mr. Tadic
20 tendered into evidence two documents from the International Committee of
21 the Red Cross relating to exchanges and guidelines for exchanges. As a
22 result of that, Mr. Maslic's and Mr. Vasovic's evidence, the Prosecution
23 has obtained the complete set of ICRC exchange agreements and guidelines.
24 We provided them to the Defence, the complete set, including the 22nd of
25 May, 1992, the first one upon which the two-page document they tendered
1 last week on the 23rd of May, 1992 was based. The full set has been
2 provided to the Defence. I'm just wondering if the Defence is in a
3 position to indicate at the moment whether there is any objection to the
5 THE INTERPRETER: Could you slow down, Mr. Re, please?
6 MR. RE: I'm sorry. Can I slow down, I will do. I apologise.
7 I'm wondering if the Defence are in a position to indicate today whether
8 there will be any objection to the Prosecution tendering the complete set
9 of ICRC exchange agreements relating to that particular conflict? The
10 documents aren't here because we left our stuff up in the other court, on
11 the next occasion.
12 JUDGE MUMBA: Yes, Mr. Krgovic?
13 MR. KRGOVIC: [Interpretation] We received these documents from the
14 Prosecution yesterday, and we'd like to be given time until Friday because
15 we only have the English text. We do not have it in B/C/S translation and
16 we therefore cannot communicate and discuss it with our client so if we
17 can do it on Friday, please and could we also be provided with a B/C/S
18 translation of the document?
19 JUDGE MUMBA: Yes, Mr. Re?
20 MR. RE: The documents Mr. Lukic tendered last week weren't in
21 B/C/S, they are ICRC documents. They are in the official working language
22 of the Tribunal, French and English.
23 JUDGE MUMBA: Yes, and these are not the type of documents
24 requiring B/C/S translation. So we will adjourn now until our proceedings
25 tomorrow at the allocated time.
1 --- Whereupon the hearing adjourned at
2 10.20 a.m., to be reconvened on Thursday,
3 the 10th day of April, 2003, at 9.00 a.m.