Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1343

 1                          Friday, 1 March 2002

 2                          [Closed session]

 3    (redacted)

 4    (redacted)

 5    (redacted)

 6    (redacted)

 7    (redacted)

 8    (redacted)

 9    (redacted)

10    (redacted)

11    (redacted)

12    (redacted)

13    (redacted)

14    (redacted)

15    (redacted)

16    (redacted)

17    (redacted)

18    (redacted)

19    (redacted)

20    (redacted)

21    (redacted)

22    (redacted)

23    (redacted)

24    (redacted)

25    (redacted)

Page 1344












12    Pages 1344 to 1431 redacted, closed session.














Page 1432

 1    (redacted)

 2    (redacted)

 3    (redacted)

 4    (redacted)

 5    (redacted)

 6                          [Open session]

 7            JUDGE MAY:  I would refer to the schedule, which I hope everyone's

 8    got a copy of, for the proposed sittings next week.  We propose sitting

 9    rather longer hours, if we begin at half past nine.

10            You've seen this, Mr. Nice, have you?

11            MR. NICE:  In fact, not.  I don't know why not.

12            JUDGE MAY:  Copies for the Prosecution?

13            MR. NICE:  It had reached someone, apparently, in our office.  It

14    just hasn't reached me yet.  Thank you very much.

15            JUDGE MAY:  What is proposed is that on Monday, we should sit

16    rather longer, until 5.00.  Thereafter next week, we will be sitting at

17    9.00, apart, obscurely, I see, on what's described as Friday.  I don't

18    know why on Friday we're not sitting at 9.00.  But in any event, next

19    week, apart from Monday, we'll be sitting at 9.00 and only sitting in the

20    mornings.

21            Then for the weeks beginning the 11th of March, 18th of March and

22    the 25th of March until Thursday the 28th, it's proposed we sit at 9.30.

23    We then sit until 5.00.

24            The reason that we're doing that is because the length of time

25    which this case is taking and is likely to take.  It's therefore necessary

Page 1433

 1    to have some extra time.

 2            Now, we've heard no submissions about it.  I understand Mr.

 3    Milosevic may have something to say on the matter, but I'll begin with

 4    you.  Is there any reason, as far as the Prosecution are concerned?

 5            MR. NICE:  I'm sorry I hadn't had an opportunity or I hadn't taken

 6    it to consider the document in advance.  Obviously, we'll do everything we

 7    can to assist and we're grateful for the opportunity to have more court

 8    time.

 9            It remains, actually, a substantial burden of work on the entire

10    team to keep these days full, but we will do our best and let you know if

11    we find any real reason for asking for shorter periods.  We will do our

12    best, but it is very difficult.

13            JUDGE MAY:  There are a large number of witnesses --

14            THE INTERPRETER:  Microphone, Your Honour.

15            JUDGE MAY:  Thank you.  There may be -- and there may be more, of

16    course.

17            MR. NICE:  Indeed.  Yes, certainly.  I think that which is

18    probably obvious to the Trial Chamber but differs from the experience in

19    domestic courts is that each witness - or most witnesses - represent a

20    substantial amount of work before they come to trial, and perhaps it's the

21    case with Kosovan witnesses that it's even longer than with other

22    witnesses, and so there is a great deal of work that is being done.  The

23    team is doing its best and gets in early to do so and works until very

24    late to do so.  We will simply do our best and let you know if those are

25    difficulties that we can't face.

Page 1434

 1            JUDGE MAY:  We reiterate again that the timetable is one we must

 2    adhere to if at all possible, no matter how long things take.  If at all

 3    possible, we must try to finish these sections of the case in the various

 4    dates that we've designated.  I'll point that out as an objective.

 5            MR. NICE:  We realise that's an objective, but --

 6            THE INTERPRETER:  Microphone, Mr. Nice.

 7            MR. NICE:  We realise that, of course, as an objective, but must

 8    remind the Chamber that all estimates of times given were given on a

 9    different expectation and on the expectation that the accused would not be

10    taking part.  I'm very happy to see that he is taking part, but when the

11    time estimates were given, they were given without that knowledge.

12            JUDGE MAY:  Is there anything, Mr. Wladimiroff, you'd like to

13    raise since we're dealing with timetables and the like?

14            MR. WLADIMIROFF:  No, Your Honour.

15            JUDGE MAY:  Thank you.  Mr. Milosevic, is there something you want

16    to raise on this?

17            THE ACCUSED: [Interpretation] Yes, I did want to say something in

18    respect of the timetable.  This is the third one that I have received, but

19    that doesn't matter, it's not important.  Let me be quite clear at the

20    outset:  I'm not asking for anything except I merely wish to make you

21    aware of some facts with respect to the timetable.

22            If the end of our work by the end of March is 5.00 p.m., if the

23    working day is to finish at 5.00 p.m. until the end of March, that, in

24    practical terms, means that as I have to get up, according to my

25    timetable, at 7.00 a.m., I have to be ready by 8.00 a.m. for transport and

Page 1435

 1    I get back, at the earliest, at 6.00, get back to the prison at 6.00 p.m.

 2    at the earliest, from 6.00 to 8.30 is the only time in which I can use the

 3    telephone, which means two and a half hours in the evening, which means

 4    that I have been -- that I won't be able to use my two hours of fresh air

 5    per day, which is the right of every detainee, and the guards also

 6    complain of not having enough fresh air.  But with these longer working

 7    hours, I will not have a chance to go out into the fresh air.

 8            During those two and a half hours, I will have to have something

 9    to eat and to hear my family over the phone.  So I will not have an

10    opportunity to go out into the fresh air, to have any exercise, any food,

11    or any personal needs.  And the possibility I have to communicate with my

12    associates will also be restricted, because that time has been limited to

13    8.30, when everything closes down.  So I won't be able to use the public

14    phone box which exists in the corridor either after that time.

15            Let me repeat:  I make no requests, I don't ask for anything,

16    but I want it to be known what conditions I have been placed in, and if

17    this is a way to abuse and mistreat the accused, then I would like to have

18    this understood in this way, because in the time that I have at my

19    disposal, I'm not able to see to my basic human needs, especially as you

20    intend to have this last endlessly.  But a human being does have the need

21    to breathe fresh air, to eat, and to communicate.

22            As I say, let me repeat, I'm not asking for anything.  I just want

23    this to be noted.

24                          [Trial Chamber confers]

25            JUDGE MAY:  We'll consider what the accused has said and obviously

Page 1436

 1    it is something we will take into account.  One compromise might be to sit

 2    at 9.00 and stop at 4.30 or to rearrange the hours in some other way.  But

 3    we'll look at it.

 4            Unless there are any other matters, half past nine Monday morning.

 5            MR. NICE:  No other matters save I think next week the Chamber

 6    intend -- or may have intended to hear argument about 92 bis and may also

 7    have intended to hear argument about the scope of cross-examination.  In

 8    respect to both topics, papers are either in or are shortly to be in from

 9    the amici and from the Prosecution.  I've already asked that, if there is

10    to be legal argument, it shouldn't be on Friday of next week or indeed on

11    Friday of the following week because on each of those days I either shan't

12    be here or shall have to be leaving early.

13            JUDGE MAY:  Very well.  We'll bear that in mind.

14            Half past nine Monday morning

15                          --- Whereupon the hearing adjourned at 3.47,

16                          to be reconvened on Monday, the 4th day of March,

17                          2002, at 9.30 a.m.