Tribunal Criminal Tribunal for the Former Yugoslavia

Page 14338

1 Tuesday, 25 March 2003

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.29 p.m.

5 JUDGE SCHOMBURG: Please be seated. Good afternoon to everybody.

6 Madam Registrar, may I ask you to call the case, please.

7 THE REGISTRAR: Good afternoon. This is Case Number IT-97-24-T,

8 the Prosecutor versus Milomir Stakic.

9 JUDGE SCHOMBURG: Thank you. And the appearances, please, for the

10 Prosecution.

11 MS. KORNER: I'm sorry, Your Honour, I'm distracted by an email.

12 Joanna Korner, Ann Sutherland, assisted by Ruth Karper, case manager.

13 Good afternoon, Your Honours.

14 JUDGE SCHOMBURG: Good afternoon. For the Defence.

15 MR. LUKIC: Good afternoon, Your Honours. Branko Lukic and Danilo

16 Cirkovic for the Defence.

17 JUDGE SCHOMBURG: First issue to be discussed is a follow-up to

18 the end of yesterday's hearing. I stated that we can only decide on a

19 day-to-day basis when really to hear a case. Just a few minutes ago, we

20 learned that tomorrow, Courtroom I would be available not only in the

21 afternoon but already in the morning. In the past, we discussed this

22 question in the framework of 65 ter (i) meetings, and there was an

23 agreement among all participants, if I may say so, that in case it's

24 possible, we should hear the case in the morning.

25 Are there any really absolute important objections against the

Page 14339

1 suggestion to start in the morning?

2 MR. LUKIC: The Defence does not have any objections, Your Honour.

3 JUDGE SCHOMBURG: Thank you. What about Prosecution?

4 MS. KORNER: Your Honour, we haven't objected so far, but there

5 have been a number of changes of timing and sitting. As it so happens, we

6 do have commitments tomorrow morning, and we would prefer - we can't

7 obviously insist- but we would prefer that we stick to the original

8 schedule.

9 JUDGE SCHOMBURG: Would it be possible to rethink this problem in

10 the light that we should try to hear this witness during this week.

11 MS. KORNER: Your Honour, I understand that --

12 JUDGE SCHOMBURG: And in addition, I think the examination by the

13 Judges will take the entire day tomorrow.

14 MS. KORNER: Your Honour, may I have a chance to discuss the

15 matter and come back to Your Honour, or does Your Honour need a decision

16 straight away?

17 JUDGE SCHOMBURG: If there's no objection by Madam Registrar, I

18 think we can do it immediately after the first break.

19 MS. KORNER: I'm very grateful. Thank you.

20 JUDGE SCHOMBURG: Thank you.

21 Then let's go into closed session for the next period of time.

22 Closed and not private.

23 [Closed session]

24 (redacted)

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16 [Open session]

17 JUDGE SCHOMBURG: Primarily we are seized with the request to hear

18 or to admit into evidence two witnesses under Rule 92 bis, and we already

19 heard from the Defence that they would request a cross-examination of

20 these two witnesses in case the testimony of -- the previous testimony and

21 the transcript would be admitted into evidence under 92 bis. We tried to

22 assess what would be the added value of hearing these two witnesses or

23 admitting the transcripts into evidence. And we came to the conclusion

24 that at the end of the day, the added value would be limited - but please

25 correct me if I'm wrong - the destruction of a mosque in Donja Ljubija.

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1 If I'm not totally wrong, already during the 98 bis stage of these

2 proceedings, this part of the indictment was quitted and is no longer part

3 of our procedure. I would invite the Prosecution to instruct us what from

4 their point of view would be the added value of the admission into

5 evidence of these transcripts where we already, from our point of view,

6 have certain evidence, to be very careful.

7 MS. KORNER: Your Honour, first of all, we don't have the Rule 98

8 bis motion with us. But we understood we dropped a mosque in Donja

9 Ravska. But that's not the point. Your Honour, we've considered the

10 added value, as Your Honour has put it, of these two witnesses overnight,

11 and we've taken the view that we don't wish to extend the case by the fact

12 the Defence say they want to cross-examine, although normally, we would

13 say that's a matter for them. And therefore, we're not seeking now to put

14 in those two transcripts under Rule 92. So that should assist Your

15 Honours.

16 JUDGE SCHOMBURG: So in conclusion, you withdraw these two parts

17 of your motion requesting the admission of transcript pursuant to Rule 92

18 bis.

19 MS. KORNER: Yes, just those two witnesses. We do maintain our

20 request for the report of Professor Donia, Dr. Donia.

21 JUDGE SCHOMBURG: As to the third part of your motion, the Chamber

22 conferred yesterday, and we reviewed our approach to this point,

23 especially due to the fact that we are sitting now in a different

24 composition as it was at the start of the case. You will recall that the

25 Chamber was -- to put it very carefully or cautiously, the point of view

Page 14345

1 taken by the Chamber was that in principle, history should not be subject

2 of a judgement of a judiciary. That it's the right of each individual to

3 have his or her own view on history, save of course it's relevant for the

4 concrete case. And at that time, we decided that the report provided

5 Dr. Donia would suffice to have the necessary overview about that what

6 happened in Prijedor before and after the deplorable incidents.

7 It is now the Prosecution's submission that we should review our

8 point of view because Mr. Trifkovic, not in his written statement, but

9 admittedly during his examination, he dwelled upon a number of issues

10 which we in the light of the aforesaid would be absolutely irrelevant.

11 But we came to the conclusion that the mere fact that a Defence expert

12 witness discusses points of being absolutely irrelevant and, as we did it

13 in the past, for a better flow of arguments and not to interrupt the case

14 unnecessarily, we didn't intervene by stating this part of your testimony

15 is irrelevant, this is not a justifying reason to review our approach

16 taken in the beginning of this case and regarding the additional part or

17 the more general part of Dr. Donia's report as relevant for our case and

18 therefore, we decided to dismiss the motion for admission of expert report

19 pursuant to Rule 94 bis as rebuttal evidence.

20 MS. KORNER: Would Your Honour hear me on that for a couple of

21 minutes.

22 JUDGE SCHOMBURG: We are always open to the parties, of course.

23 MS. KORNER: Your Honour, with respect, the whole of

24 Dr. Trifkovic's report as I pointed out with the exception of something

25 like nine pages was devoted to the background and the major event, if I

Page 14346

1 can put it, as opposed to Prijedor. Those were the events that Dr. Donia

2 dealt with in his main report, and Your Honours rightly said that on the

3 17th of April and again on the 1st of May, when Mr. Cayley applied to put

4 that report in, you denied the application on the basis that it wasn't

5 specifically relevant to Prijedor.

6 Your Honour, it is our submission that it would be unfair in the

7 extreme even if Your Honours when you come to make a decision on the case

8 exclude most of Dr. Trifkovic's evidence as irrelevant. It would be so

9 unfair to have a one-sided and, we would submit, unbalanced view of the

10 context of the events in Prijedor rather than to hear the other side. And

11 Your Honours, we have to put it this way, even if Your Honours decide on a

12 verdict of guilty on one or more of these charges, there is almost certain

13 to be an appeal, equally I suppose if Your Honours decide to acquit, the

14 Prosecution have the right to appeal and one way or another, it may be of

15 some significance as to what evidence was led within the trial on the

16 background to these events. And Your Honours, it's our submission that a

17 fair trial also requires that the Prosecution have a fair hearing and a

18 fair chance to put its evidence, particularly countering Defence evidence

19 on specific points. So Your Honours, we do say that it is material and

20 relevant for the main report of Dr. Donia now to be admitted.

21 JUDGE SCHOMBURG: In conclusion, your point is that you ask the

22 Trial Chamber to review the decision as of yesterday. May I ask the

23 Defence to comment on the question of the admission into evidence of the

24 Donia report and the question whether this would have an impact on

25 Dr. Trifkovic's evidence.

Page 14347

1 MR. LUKIC: Thank you, Your Honour. As my colleague, Mr. John

2 Ostojic, told us on Friday, the Prosecution is actually seeking, pursuant

3 to Rule 94, to introduce the Donia report which is from the Brdjanin/Talic

4 case. It's not even done for our case. And we think that the Chamber

5 have already ruled twice now correctly, because this would be actually the

6 attempt of the Prosecution to reopen their case, not to introduce anything

7 new. And we are in a rebuttal phase, so only if there is something new,

8 it should be applied for rebuttal phase.

9 The Donia report adds nothing to the charges from the fourth

10 amended indictment. If this report is admitted, then the Defence will

11 have to have the right to re-examine Mr. Donia again, which we think would

12 be only unnecessarily prolong the whole procedure. We also --

13 JUDGE SCHOMBURG: May I ask the Defence, the Defence is aware that

14 the Trial Chamber has, no doubt, the right to regard in part the answers

15 given and the statement given by Mr. Trifkovic as irrelevant for the

16 concrete case at the end of the day when it comes down to the judgement,

17 as it's true for the Donia report and to all other exhibits recalling our

18 Rules on the admission of evidence that the mere admission of evidence

19 does not mean, and I speak now about the Trifkovic report, that the mere

20 admission into evidence does not mean that we at the end of the day come

21 to the conclusion that an exhibit, a report, a statement or whatsoever, in

22 its entirety, is relevant for the case. Are you aware of this?

23 MR. LUKIC: The Defence is aware that the Chamber has the right to

24 apply rules to any evidence in this case, and we know that the Chamber has

25 to give first the authenticity, weight of authenticity to that document,

Page 14348

1 and then weight. So we are aware that the Chamber can admit parts of the

2 evidence or the evidence in its entirety.

3 JUDGE SCHOMBURG: I'm afraid I have interrupted you. You wanted

4 to add something?

5 MR. LUKIC: I just wanted to emphasise that we think and it's our

6 position that Donia's report is based on very limited number of documents,

7 and that's why that report is prejudiced and not fair in regard of

8 Dr. Stakic.

9 JUDGE SCHOMBURG: So in any event, your submission would be --

10 MR. LUKIC: Our submission would be that the Trial Chamber --

11 JUDGE SCHOMBURG: -- that you would request to once again examine

12 Dr. Donia based on his additional report prepared for Brdjanin/Talic case.

13 Correct?

14 MR. LUKIC: Yes, Your Honour.

15 MS. KORNER: Your Honour, may I just say this: First of all, the

16 report doesn't touch on Dr. Stakic. That was dealt with in the Prijedor

17 report. Second, the Defence did cross-examine on areas within that

18 report, although the report didn't go in. And third, Your Honours, we're

19 content if Your Honours strike out of Dr. Trifkovic's report, who I should

20 add, never looked at a single original document. So to say that

21 Dr. Donia's report is unfair because he only looked at some, the only

22 pages that relate to Prijedor in the whole of Dr. Trifkovic's report are

23 pages 23 to 25, 27 to 31 inclusive, and 36 to 37. So if Your Honours

24 strike out the whole of the rest of the report, we're content.

25 JUDGE SCHOMBURG: Can the parties agree that it's finally for the

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1 Judges to assess the evidence.

2 As there was a request to review our own position, we will come

3 back to this after deliberation following the next break.

4 MS. KORNER: Your Honour, on that, may I ask, and I'm sorry to

5 have to ask you, I wish to be able to speak to the Prosecutor, and the

6 only time that she is able to see me is at 3.15. Would Your Honours

7 kindly rise today at 3.15?

8 JUDGE SCHOMBURG: Yes, of course. No problem.

9 MS. KORNER: Thank you very much.

10 JUDGE SCHOMBURG: Let us now turn to exercise we are absolutely

11 not happy with. And this is the question of the admission into evidence

12 of exhibits tendered by the Defence at a very late stage. I take it that

13 the Prosecution until now had no chance at all to revisit or to first --

14 for the first time, to have a view on documents 250 through 585?

15 MS. KORNER: Your Honour, in fact, we have been through 250 up

16 until 470. The remaining ones, because the bundles were being copied

17 outside, we didn't have back until just before Your Honours sat. But we

18 have been through the numbers up to 470.

19 JUDGE SCHOMBURG: So may I invite you to comment on these

20 documents. And I think this would be the first bundle, 250 to 470, and

21 then later on document by document starting with 561. Because they are a

22 very specific species and we have a number of questions on these

23 documents.

24 MS. KORNER: I'm quite happy if Your Honours want to do it that

25 way. Your Honours, can I indicate again, and perhaps we can do it this

Page 14351

1 way, first of all, the ones that are already Prosecution exhibits, if I

2 just indicate those as a group, and then actual numbers, although I can do

3 that, can be given to -- they have already, I understand, been given to

4 the Registry and also to Your Honours' legal officer.

5 JUDGE SCHOMBURG: This would be the three pages starting with 65

6 ter number 7 through 548. Correct?

7 MS. KORNER: Yes, correct. If Your Honours already have that,

8 there's no need for me to indicate those.

9 JUDGE SCHOMBURG: May I ask the Defence, the request is moot?

10 MR. LUKIC: We checked this, Your Honour, and the request is moot,

11 yes.

12 JUDGE SCHOMBURG: Thank you. So therefore, let's please give this

13 document that we don't run into even more confusion, and may I thank Ruth

14 Karper especially for providing us with this document, do you want to

15 tender this document for facilitating --

16 MS. KORNER: Yes, please, Your Honour.

17 JUDGE SCHOMBURG: The next available exhibit number for the

18 Prosecution would be, please?

19 THE REGISTRAR: S429, Your Honour.

20 JUDGE SCHOMBURG: So these three pages would be Exhibit S429. And

21 as to the fact that these documents are already admitted into evidence,

22 all the documents mentioned there under 65 ter number of the Defence, this

23 request is declared moot because these documents are already in evidence.

24 So this facilitates.

25 Then, what would be the next?

Page 14352

1 MS. KORNER: Your Honour, can I deal then with relevance. Your

2 Honour, if I indicate the numbers where we queried the relevance and in

3 some cases I'll explain the problem that we have. Your Honours, as far as

4 numbers 250 through to 255 inclusive, we can see absolutely no relevance

5 because they are completely out of the area and appear to have no basis or

6 connection with Prijedor.

7 JUDGE SCHOMBURG: Can we have as a common basis, the Prosecution's

8 motion of 3 March 2003?

9 MS. KORNER: What's that?

10 JUDGE SCHOMBURG: Motion for leave to amend exhibit list.

11 MS. KORNER: Do you mean the Defence motion?

12 JUDGE SCHOMBURG: Yes. Based on this --

13 MS. KORNER: Your Honour, the difficulty is the list the Defence

14 gave us last time was so illogical as to any sort of order, I've still

15 worked off the old November list because they were at least in order

16 there.

17 JUDGE SCHOMBURG: The difficulty is that we have two sets of

18 documents, and in fact, they are not the same documents, having the same

19 65 ter number.

20 MS. KORNER: Your Honours --

21 JUDGE SCHOMBURG: Therefore, we have to rely on the latest

22 document we received, and this is the motion by the Defence, and based on

23 this, we have our collection of documents with us. And I think it's the

24 only reasonable way that the latest --

25 MS. KORNER: Can I say, Your Honours --

Page 14353

1 JUDGE SCHOMBURG: -- update.

2 MS. KORNER: The documents I've looked at, I have been looking at

3 all the documents, and they bear the same numbers. So whatever -- unless

4 Your Honours have a completely different set from the ones we were given,

5 all the documents I looked at correspond with what's on that November the

6 18th list.

7 JUDGE SCHOMBURG: Unfortunately, not in all detail and not in each

8 case. Sometimes there is a translation, sometimes there isn't. So we

9 would prefer to work with the latest update because then we know what we

10 are discussing --

11 MS. KORNER: Your Honour, in that case, I hope the list is the

12 same. I don't see I can --

13 JUDGE SCHOMBURG: Let's try to continue. You stated 250 through.

14 MS. KORNER: 250 through 255 inclusive, we query the relevance.

15 And Your Honour, I'm dealing with them in categories now. The same with

16 257 and 258.

17 JUDGE SCHOMBURG: Yes.

18 MS. KORNER: Your Honour, 273 to 276 are all military court

19 judgements, and we query the relevance, first of all, because they are

20 nearly all about desertion; and secondly, 274 to 76 all relate to

21 desertion or failing to respond to the draft after 1992. And so that's

22 why we query it.

23 Document --

24 JUDGE SCHOMBURG: May I immediately ask, doesn't it have an impact

25 that these documents show that there was, in fact, a military court acting

Page 14354

1 at that time in Banja Luka where people could have reported to in case

2 there is an obligation?

3 MS. KORNER: Well, Your Honour, that would be fine except as I

4 say, 274 to 276 relate to alleged crimes in 1993 and 1994.

5 JUDGE SCHOMBURG: But as to the other two documents.

6 MS. KORNER: 273 is an allegation of desertion between November

7 1992 and sometime in 1994. So the charge was brought in 1994. But Your

8 Honour, may I say, I don't feel terribly strongly about this, but it does

9 seem to me there's a slight lack of relevance to documents after the

10 period.

11 Your Honour, 279, we query the relevance. It relates to Trebinje.

12 282 is another judgement of the court, but it's not the military court.

13 It's the municipal court, and it's in 1993. 287 and 288, again, I

14 wouldn't say we feel very strongly about it, but this is the two

15 photographs of Mr. Izetbegovic, and Mr. Ganic allegedly "preying" - I

16 think they mean p-r-a-y - in front of the military troops. Again, they

17 may or may not be doing that, but again the relevance being.

18 289, we query the relevance of. 423 to 427, they are all 1st

19 Krajina Corps reports, but they are all well outside the period of the

20 indictment. But again, Your Honour, we don't feel particularly strongly.

21 If the Defence can show why they are relevant, we should add that there

22 are countless documents from the 1st Krajina Corps collection in which

23 many of which Prijedor gets a passing mention, but we don't particularly

24 feel strongly about that.

25 434 is a document from 1994 with no reference back to 1992 that we

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1 can see. It's a security report on Mr. Mujadzic.

2 And Your Honour, that's all the ones we query for relevance. I'm

3 sorry, I beg your pardon, there's one more, 444, which is a list of

4 persons, but it doesn't say who or what they relate to.

5 Your Honour, the only other --

6 JUDGE SCHOMBURG: So this would continue to include Document 470;

7 correct.

8 MS. KORNER: Your Honour, yes, I went up to 470.

9 JUDGE SCHOMBURG: So the other ones you can't comment yet.

10 MS. KORNER: No. Your Honour, there's another category as such

11 that I want to raise.

12 JUDGE SCHOMBURG: Yes.

13 MS. KORNER: Your Honour, there are documents put forward by the

14 Defence which start -- I'm sorry, Your Honour, can I deal with one that

15 falls -- the part of the Islamic declaration is Document 285. Your

16 Honour, my objection to that is the same as with the earlier books that we

17 raised, that it's part lifted out of context. And so, Your Honour, that's

18 a matter for Your Honour.

19 Your Honour also asked me, while I remember, about the Halilovic

20 book last week. I know it's on Your Honours' list, but I may as well deal

21 with it now. Your Honour, I've checked. We don't have the whole book

22 translated. We have in all five chapters of it translated. So I can give

23 Your Honours the chapters if necessary, but we don't have the whole book

24 translated.

25 JUDGE SCHOMBURG: We have to come back to this.

Page 14357

1 MS. KORNER: Now, Your Honour, the category that concerns me is a

2 category of what's called these official notes. They start at 3 -- can I

3 list them for Your Honour, and then I'll explain the objection.

4 JUDGE SCHOMBURG: Please. But please take care about your time.

5 MS. KORNER: Your Honour, it's 312 to 314 inclusive; and 388; and

6 then 453, 454, 456, 459, and then 461 to 3, and 465 to 70. Your Honour,

7 these are all what's called official notes. They are the alleged records

8 of what persons who were arrested, Muslims, allegedly said when arrested.

9 Your Honour, the Defence have made no attempt to call any of those people

10 whose statements were recorded. Your Honours have heard evidence of the

11 circumstances in which these so-called interviews were conducted. My

12 concern is this: If these documents are being put forward to show that

13 what was said, if it was said, was the truth, then, Your Honours, we would

14 object because clearly, we would say that if these witnesses were called

15 by the Defence, the situation might have been very different.

16 Your Honour, if they are put forward merely as records of what the

17 Prijedor police supposedly recorded and what was supposedly said, that's a

18 different matter. But it does seem to me that wouldn't help the Defence

19 at all, and that the only reason they're putting them in is because

20 they're going to argue that there is evidence that the people were armed,

21 that they were formatting rebellion, that there were 3.000 people armed

22 and ready to rise. So Your Honour, that's the objection that we have to

23 those documents.

24 JUDGE SCHOMBURG: This would be the second category. We will

25 proceed with this after the break. And the trial stays adjourned until a

Page 14358

1 quarter to 4.00.

2 MS. KORNER: Thank you very much, Your Honour.

3 --- Recess taken at 3.15 p.m.

4 --- On resuming at 3.53 p.m.

5 MS. KORNER: Your Honour, Ms. Sutherland would like me to say, and

6 I'm happy to do so, that as usual, Your Honour was quite right. We

7 actually conceded that we had no evidence on the mosque of Donja Ljubija,

8 and Your Honours dismissed the charges in relation to -- or the allegation

9 in relation to Donja Ravska. I knew Donja Ravska came into it somewhere,

10 but Your Honours were absolutely right.

11 Your Honours, can I deal with then the question of tomorrow's

12 sitting. I've consulted with those who it affects, and Your Honour,

13 there's no objection from us. So if Your Honour wants to sit all day.

14 JUDGE SCHOMBURG: So may I then ask Madam Registrar to crosscheck

15 whether all the participants in this hearing are available tomorrow

16 morning, especially ascent by counsel in case the witness would need a

17 lawyer, and of course interpretation and all this, and please let us know

18 as soon as possible whether we can continue. And then we would continue

19 the way we did in the past, from 9 to 12.30, and then from 2.00 to 4.30 in

20 order to come through during this week with the upcoming witness.

21 Then in the correct order, may I ask the Prosecution, what about

22 now exhibit provisionally marked I think it was S428, the -- let's call it

23 the statement or the guilty plea of Ms. Plavsic.

24 MS. KORNER: Your Honour, the situation is this: We would ask

25 that it be marked as an exhibit for this reason: Questions were asked

Page 14359

1 about the content and answers were given. But Your Honour, its only

2 relevance at this stage would be that questions were asked on the document

3 about the witness's knowledge of the document. At this stage, Your

4 Honour, can I say we wouldn't be seeking for that document to have any

5 other significance than that. But I think it has to be an exhibit, as I

6 said before, because it has got to be something available if there is a

7 further stage of this case where the evidence is looked at.

8 But Your Honour, at the moment, and I stress "at the moment," Your

9 Honour, because it's a matter of some complication as to how we deal with

10 the actual effect of that document, I ask no more than it become an

11 exhibit as a document that the witness was asked about and gave responses

12 about.

13 JUDGE SCHOMBURG: So in conclusion, to be absolutely on the safe

14 side, it would mean that the statement as such would not be admitted into

15 evidence, only the mere fact that there is this statement, and to that

16 extent, we heard the witness on this statement.

17 MS. KORNER: Well, I don't think we can just say the mere fact

18 that there was a statement. The content of the statement was asked about,

19 and the witness gave certain replies. Therefore, in such a circumstance,

20 it's our submission it needs to become an exhibit. The problem that I

21 anticipate Your Honour has identified is how would Your Honours have to

22 treat the content of that statement in your final judgement. At the

23 moment, Your Honours would have to do no more than remark that the witness

24 was asked about it and gave certain answers. But you can't have a

25 statement without the content, if you see what I mean. But I'm not

Page 14360

1 suggesting that Your Honours should use that to come to any further

2 conclusion about or make a finding of fact as to, for example, joint

3 criminal enterprise based on that.

4 JUDGE SCHOMBURG: In fact, this would be absolutely impossible

5 based on this to come to the conclusion that you mentioned that there

6 would have been a joint criminal enterprise. But may I hear the

7 submission, please, from the Defence, related to this question. Would

8 you -- could you agree that this document be admitted but only in this

9 limited area; and in fact, not the statement as such? And I have to be

10 quite clear on this, this would mean we have not yet discussed finally

11 whether the result of the admission into evidence would be that at the

12 same time, we would have that grant the right of cross-examination in case

13 Biljana Plavsic would be available as a witness, and no doubt, this could

14 happen during our trial. So would you be prepared to accept the admission

15 into evidence in this limits, as pointed out beforehand by the

16 Prosecution, and at the same time explicitly waive, if there is any, right

17 to cross-examine Ms. Plavsic?

18 MR. LUKIC: No, Your Honour. We do not agree that this document

19 be evidence in our case, and if so, then we'll have to change our mind and

20 to ask to cross-examine Ms. Plavsic.

21 JUDGE SCHOMBURG: A clear statement. And I think as to the legal

22 difficult implications of this question, the parties will understand we

23 can't rule immediately on this. We have to really balance the question

24 and find the legal basis for this. Thank you for this clear answer on

25 both sides.

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Page 14362

1 Then we took the opportunity once again reviewing the question

2 whether or not the long, put it this way, the long Donia report be

3 admitted into evidence. And we are now absolutely clear on this issue,

4 that we stick to that what the Trial Chamber has said already at the

5 beginning of the case, and to the best of my recollection, also during the

6 pre-trial phase, that for the reasons given at that time, that is, at

7 least in April 1992 and also this afternoon, we dismiss the request

8 finally to admit this document under Rule 94 bis.

9 We are now in the procedural situation that I have to ask the

10 Prosecution, is there anything else in rebuttal from the side of the

11 Prosecution?

12 MS. KORNER: I'm going to resist the temptation. No, there isn't.

13 JUDGE SCHOMBURG: Following the rules of logic, when there is no

14 rebuttal, there's no rejoinder. Do you agree?

15 MR. LUKIC: Yes, we do, Your Honour.

16 JUDGE SCHOMBURG: So it remains for us to hear Mr. Kuruzovic and

17 to go through this extremely difficult exercise on the admission of

18 evidence. And the Office of the Prosecution, please, may not misinterpret

19 this or misunderstand this, we complained a lot in the past about the

20 approach taken by the Defence; but on the other hand, taking into account

21 the limited possibilities, the limited numbers of hands-on for the

22 Defence, I think this excuses some failures and some mistakes. And

23 therefore, we should take this into account when we go through the

24 documents. But I think we should continue immediately.

25 We first heard your contribution on the documents you regard as

Page 14363

1 not relevant. And the second, the official notes, being on the one-hand

2 side not relevant or tending to start a new area of evidence not yet

3 covered until now, especially the documents 465 through 470. Your

4 comments are reflected carefully on the transcript. May I ask, is there a

5 third group of documents where you do have objections?

6 MS. KORNER: Your Honour, I don't think so. We've erred on the

7 side of leniency, as it were, and allowed in a number of documents or not

8 objecting to a number of documents that have a very peripheral relevance.

9 As I say, a number of the military documents say no more than Prijedor is

10 all quiet, but if the Defence wants those in, that's fine by us. Your

11 Honour, I don't think that there is any other category.

12 JUDGE SCHOMBURG: So you would reserve your right to discuss 471

13 through 560 separately because we want to go through 561 following in a

14 moment.

15 MS. KORNER: Your Honour, I have to tell Your Honour, 471 is the

16 limit of the number of documents we've looked at. We haven't looked at

17 anything after that. We haven't had time.

18 JUDGE SCHOMBURG: Right.

19 MS. KORNER: And I'm quite happy --

20 JUDGE SCHOMBURG: And therefore, I said you make the

21 reservation --

22 MS. KORNER: Yes, we do, on that basis.

23 JUDGE SCHOMBURG: -- and we'll discuss 561 separately. But let's

24 first turn to the other documents called "problematic documents." May

25 I -- parties have the document provided by Madam Registrar on problematic

Page 14364

1 documents, that we have the same agenda.

2 MR. LUKIC: We have the document, Your Honour. Yes.

3 MS. KORNER: We do as well, Your Honour.

4 JUDGE SCHOMBURG: Let's start with S151A, translation.

5 MS. KORNER: Your Honour, S151, the translation is expected this

6 week, as we stated. It hasn't yet arrived.

7 JUDGE SCHOMBURG: Thank you. S393.

8 MS. KORNER: We have it, Your Honour.

9 JUDGE SCHOMBURG: May I ask the usher to distribute it.

10 S419, biography of Mirko Pejanovic.

11 MS. KORNER: Your Honour, we have that. It's the copy of the

12 front flap of the book.

13 JUDGE SCHOMBURG: May it please be distributed.

14 Are there any objections by the Defence against the admission into

15 evidence of this sheet of paper as S419-1?

16 MR. LUKIC: No, Your Honour.

17 JUDGE SCHOMBURG: Admitted into evidence, S419-1A.

18 Defence 55. This is now a really difficult issue. May I ask the

19 parties for their submissions, please. This is the Corin report on the

20 statute of the Prijedor Municipality during the year 1992. May I ask the

21 Prosecution to explain the history and purpose of this report provided by

22 Mr. Corin.

23 MS. KORNER: Well, Your Honour, I really am at a disadvantage,

24 because although I have a vague idea of what all is all about, I certainly

25 don't have the intimate knowledge. I understood that Your Honour had

Page 14365

1 asked for this report, rather like the -- Mr. Corin's report on the other

2 matters.

3 JUDGE SCHOMBURG: We had asked for the -- for an update of the

4 development of the statute of Prijedor since 1948. We have in evidence

5 already two or three different copies of the original version from as of

6 1984. We heard, and I think it's in evidence, that there was no new

7 statute until -- at least not until 1992, and we wanted to be on the safe

8 side to see what was redacted, what was amended to this. I think it would

9 be premature and it would be too much to ask the Defence already now

10 whether they can accept this report, especially as to the fact that we

11 received these documents, I wouldn't say in a language we do not speak and

12 do not understand, because it wouldn't be correct, Judge Vassylenko,

13 wouldn't it? But it's extremely difficult, and may I invite the parties

14 to comment on this entire compilation, maybe also based on a discussion

15 with your client so that we would expect the final answer no later than

16 Thursday? Would this be possible?

17 MR. LUKIC: Yes, Your Honour. We appreciate any additional time,

18 and we'll try our best to finish it by Thursday. Thank you.

19 JUDGE SCHOMBURG: Thank you. And in order to avoid any additional

20 problems, the Trial Chamber would be prepared to accept also the point of

21 view by the Defence on this statute. Mr. Lukic.

22 MR. LUKIC: Yes, Your Honour, thank you.

23 JUDGE SCHOMBURG: So please feel free to comment on this bundle of

24 documents in writing if you so want. So this point remains open.

25 Also S428 remains open. We have to decide on this. We have heard

Page 14366

1 the parties on this already.

2 D113, there's no longer any problem.

3 The Trifkovic binders, the excerpts of books. May I ask the

4 Defence, having tendered these excerpts, do you have or are these books

5 accessible in public domain in a language we understand?

6 MR. LUKIC: Your Honour, we don't, and we received the instruction

7 that we should submit for the translation only what we need and what we

8 deem necessary. So that's why we tried to save time. And although we

9 tried to cut as short as possible, we submitted all our documents on the

10 November 18th, and you know that we received it only recently and that it

11 created problems during the whole Defence case. So we assume that if we

12 asked for the translation of the whole books, it might take even longer.

13 JUDGE SCHOMBURG: The question is only whether these books are

14 publicly accessible in B/C/S?

15 MR. LUKIC: In B/C/S, yes.

16 JUDGE SCHOMBURG: So if -- I think one possible solution could be

17 that a copy of all of these books, of these six books, would be given to

18 the Registry in case need may be, we have access to this. And maybe we

19 have to come back to this as it was done by another Chamber, in case we

20 would need this for the purpose of the judgement. And at the same time,

21 we could accept these five chapters already translated of the book written

22 by Sefer Halilovic as offered by the Prosecution.

23 MS. KORNER: Actually, we didn't offer them. Your Honour asked

24 whether we had five chapters, and I said we did.

25 JUDGE SCHOMBURG: If you give us more fingers, we take the entire

Page 14367

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Page 14368

1 hand.

2 MS. KORNER: Your Honour, I'll make arrangements that Your Honours

3 get sent the copies.

4 JUDGE SCHOMBURG: Can we agree that we proceed this way, that it's

5 only in B/C/S --

6 MR. LUKIC: If I may.

7 JUDGE SCHOMBURG: Yes, please.

8 MR. LUKIC: I don't have those books. Those books are

9 photocopied, and they are with my investigators. I have to check with

10 them whether they have full photocopies or only excerpts they gave to me.

11 So I know that publicly those books are available, or were available, but

12 I'm not sure whether you still can buy those books because I heard that

13 some of them were withdrawn from the bookstores in the meantime. So if we

14 have, we'll be glad to provide Your Honours with the full photocopies, of

15 course. I have to check it first. I cannot promise because I personally

16 do not have them.

17 JUDGE SCHOMBURG: But you would promise to give us access to all

18 that you have available.

19 MR. LUKIC: Of course, Your Honour, yes.

20 JUDGE SCHOMBURG: And --

21 MR. LUKIC: And I think that one of these books is translated in

22 full, and it's number 2. It's translated in full by this Tribunal. And

23 we received the full translation, but we then compiled only what we were

24 interested in. But I know that it's translated in full.

25 JUDGE SCHOMBURG: Can you please give me the title of this book.

Page 14369

1 MR. LUKIC: Yes, it's "Who Defended Bosnia" by author Hasan

2 Efendic. It's 65 ter number 2.

3 JUDGE SCHOMBURG: You have this book available?

4 MR. LUKIC: CLSS has the complete translation of this book, CLSS

5 unit.

6 JUDGE SCHOMBURG: Okay. As to the fact that you tender this

7 document, I would invite you to ask CLSS to prepare a copy of the entire

8 book --

9 MR. LUKIC: Yes, Your Honour.

10 JUDGE SCHOMBURG: -- for the registry, and can we under these

11 circumstances, as to the fact that in the past, in fact, we accepted and

12 admitted into evidence excerpts of books even though they were taken out

13 of context, that we proceed this way. And having at the same time the

14 possibility to have access to the remaining parts of these books. Would

15 this be a possibility the Prosecution could live with?

16 MS. KORNER: Your Honour, some reluctance, because my objection

17 was really that no witness has ever explained the relevance or context of

18 a lot of these books. But Your Honour, does that include the one on

19 Sanski Most, which is -- I'm just looking for it. Number 4 on the list.

20 MR. LUKIC: The publisher is municipality Sanski Most, but it

21 doesn't deal with Sanski Most.

22 MS. KORNER: Yes, it does. What you've put in deals with Sanski

23 Most. That's all.

24 MR. LUKIC: Mainly.

25 JUDGE SCHOMBURG: So here, it would be the question of relevance.

Page 14370

1 MS. KORNER: Yes.

2 JUDGE SCHOMBURG: In addition.

3 MS. KORNER: But Your Honour, can I put it this way.

4 JUDGE SCHOMBURG: Please.

5 MS. KORNER: Simply, we don't want to raise huge objections to

6 this. We're pointing out what we think is a problem, but if Your Honours

7 feel it isn't a problem, then we're content to abide whatever ruling

8 Your Honours want on this.

9 JUDGE SCHOMBURG: We discussed it beforehand, and based on the

10 fact that indeed, we admitted into evidence some parts of other books,

11 also the one or other party may argue out of context, we prefer to and

12 hereby admit these parts into evidence provided that the Defence will

13 provide us with all the additional parts available, be it in B/C/S or in

14 English, especially on book number 2 "Who Defended Bosnia," and we would

15 kindly ask the Prosecution to provide the Registry with the four chapters

16 translated of the book written by Sefer Halilovic. And once again, in

17 order to protect our forests, only one copy, please, for the Registry that

18 whoever wants has access to this document.

19 So therefore Exhibits 1 to 6 are admitted into evidence under

20 these conditions.

21 Then I'm not really clear about the question, are all these

22 following documents, 7 through 82 already included in Ruth Karper's

23 compilation? So then it's already declared moot by the Defence, and we

24 accepted this. Then, of course, it's a problem, and we crosschecked it,

25 it's difficult to admit into evidence missing documents. What about 26,

Page 14371

1 146, 147, 180? Please.

2 MR. LUKIC: Number 26, if we are discussing about the same group,

3 yes, is the same as 25. Actually, if I state, one title was divided into

4 two, it's one title and one text.

5 JUDGE SCHOMBURG: So 26 --

6 MR. LUKIC: 26 is --

7 JUDGE SCHOMBURG: You declare 26 moot or withdrawn.

8 MR. LUKIC: Moot.

9 JUDGE SCHOMBURG: Moot, okay.

10 MR. LUKIC: 146, 147, moot. We cannot -- I don't know why, but we

11 cannot find it any more. 180 is the same as 173. So it's moot.

12 JUDGE SCHOMBURG: So these four documents --

13 MR. LUKIC: All four moot, yes.

14 JUDGE SCHOMBURG: -- are declared moot.

15 What about the translation of 37, 174, and 74?

16 MR. LUKIC: We have to check. They are submitted for translation,

17 and we have never received them back. So we have to check tomorrow.

18 Today it will be probably too late to go back and ask about these

19 documents.

20 JUDGE SCHOMBURG: The 37 would be Kozarski Vjesnik, page 3 --

21 MS. KORNER: Your Honour, if I may just interrupt, I think

22 Mr. Ostojic pointed out last time, and I agreed, that as it was a

23 Prosecution exhibit, there was a translation, and that's right.

24 JUDGE SCHOMBURG: For document 37?

25 MS. KORNER: For Document 37. It's SK36, and we have a

Page 14372

1 translation.

2 JUDGE SCHOMBURG: It's SK, okay. So what about 74? So we are

3 still with -- let's start with 74. Once again, Kozarski Vjesnik, 21st

4 February, 1992. The debt is 20 million.

5 MS. KORNER: Your Honour, by my record, that did have a

6 translation. I'll just check that. It's not one of the documents that I

7 marked as no translation.

8 It does have a translation, Your Honour. I'm not sure how that

9 came about.

10 THE INTERPRETER: Microphone, please.

11 MS. KORNER: Your Honour, I'm sorry. I'm not sure how that came

12 about, but we do, in fact, have a translation for 74. And 174, I think,

13 as well. That was somebody else's.

14 JUDGE SCHOMBURG: 174 would be Oslobodenje, page 3 of 28, March

15 1992.

16 MS. KORNER: Your Honour, that was -- if Your Honour remembers,

17 the three Marx brothers act on Friday, that was one of Mr. Koumjian's.

18 No, that's right, there's no translation for that.

19 JUDGE SCHOMBURG: A very pragmatic approach, do we need 174? You

20 have it in B/C/S, and you can better give an assessment how important this

21 document would be.

22 MR. LUKIC: Just one moment.

23 JUDGE SCHOMBURG: So I take it that a translation of Document 74

24 could be provided and distributed by the Prosecution. Correct?

25 MS. KORNER: For 174?

Page 14373

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Page 14374

1 JUDGE SCHOMBURG: For 74 --

2 MS. KORNER: I don't think so.

3 JUDGE SCHOMBURG: 74.

4 MS. KORNER: 74, there is a translation, yes.

5 JUDGE SCHOMBURG: It could be distributed and copied?

6 MS. KORNER: In fact, I think the Defence provided it, Your

7 Honour. I don't know how that got on to the list, but there is a

8 translation. If Your Honour is finished on that, can I say I'm sorry that

9 when I was doing my categories this afternoon, there are other documents

10 that don't have translations. I just noticed where I've written "T".

11 When you come back to that.

12 JUDGE SCHOMBURG: We'll come back to that. Let's just conclude

13 this, what about Document 174.

14 MR. LUKIC: We have B/C/S version, and I should read it to know

15 how important it is whether it is possible to --

16 JUDGE SCHOMBURG: Is it a long one?

17 MR. LUKIC: It's one column.

18 JUDGE SCHOMBURG: Can we ask the usher to provide us with copies

19 for the booth, and may we ask you to read out this document, this short

20 passage.

21 MR. LUKIC: Being semi-blind, this is pretty small letters.

22 JUDGE SCHOMBURG: So whoever wants, volunteers to the front.

23 THE INTERPRETER: Your Honour, could we have a copy of that put on

24 the ELMO, please.

25 JUDGE SCHOMBURG: No, there will be copies provided to the booth.

Page 14375

1 THE INTERPRETER: Thank you very much.

2 JUDGE SCHOMBURG: So may we then come back, Prosecution wanted to

3 alert us where translation were missing for the documents 250 through 470.

4 MS. KORNER: Yes. Your Honour, 299, however, Your Honour, I did a

5 check, and we actually have a translation within the OTP. So if

6 necessary, we can provide that because it's one of the documents.

7 We have no translation for --

8 JUDGE SCHOMBURG: Step by step. Can we agree that you provide us

9 with a translation because it's extremely difficult to decide on the

10 relevance without translation.

11 MS. KORNER: It's clearly relevant, Your Honour. So I mean, I

12 wasn't objecting to that. It's the order by Mr. Stanisic.

13 JUDGE SCHOMBURG: Okay. So we take it that we receive copies of

14 the translation of Document 299. Yes?

15 MS. KORNER: Yes.

16 JUDGE SCHOMBURG: Thank you.

17 MS. KORNER: Likewise, 302, there was no translation, but I'm

18 almost sure that we must have a translation of that within the Brdjanin

19 case, so I will have that checked.

20 JUDGE SCHOMBURG: We rely on you.

21 MS. KORNER: 309, we have no translation in the bundle.

22 JUDGE SCHOMBURG: Maybe I made a mistake. But this was an

23 official note where you didn't object?

24 MS. KORNER: I think I didn't put that down because, yes, I didn't

25 see a translation, and therefore I wasn't sure what it was. I simply

Page 14376

1 point out there was no translation. And the heading "official note"

2 covers a multitude of different things, some of were admissible and some

3 of which I said weren't.

4 JUDGE SCHOMBURG: May I ask the Defence, what kind of document is

5 this, 309?

6 MR. LUKIC: This document is dealing with armament in Kozarac

7 region, and it's made one day after the finish of the attack, 27th of May,

8 1992.

9 JUDGE SCHOMBURG: It's a lengthy document?

10 MR. LUKIC: One page.

11 JUDGE SCHOMBURG: So let's proceed the same way as we did with the

12 previous document. If you can give us the original and then let's very

13 slowly, very slowly, read this document. But first, in the moment, the

14 booth have available Document 174.

15 THE INTERPRETER: Your Honour, this page is completely unreadable.

16 The lettering is just too small. So if we could know which text Mr. Lukic

17 is going to read, perhaps we could have that text blown up. Otherwise, it

18 is impossible.

19 JUDGE SCHOMBURG: Maybe it can be put on the ELMO and zoomed in.

20 Would this resolve the problem?

21 THE INTERPRETER: Perhaps, Your Honour. Thank you very much. But

22 we simply cannot read this.

23 JUDGE SCHOMBURG: Please put it on the ELMO. I think it's the

24 middle column. Can we zoom. It's extremely -- no doubt, it's extremely

25 difficult.

Page 14377

1 MR. LUKIC: I can read it, Your Honour.

2 JUDGE SCHOMBURG: If you read it extremely slowly, please, that

3 the interpreters can do this work which is normally the work for

4 translators. Thank you.

5 MR. LUKIC: May I start. Thank you.

6 [Interpretation] "Gorazde, flats as bunkers. Gorazde, the 27th of

7 March. Although it is still relatively quiet in Gorazde, and that a

8 majority of enterprises worked today (with the exception of Azot, Pobjeda,

9 and primary and secondary schools), with the SD weekend draws near, a

10 large number of inhabitants are beginning to experience fear and

11 uncertainty (as likely as not, among other things, because last weekend

12 the well-known incident at the petrol station took place followed by

13 barricades, gunfire, wounding).

14 "A number of families of Serb and of Muslim ethnicity left the

15 town today, although according to what they told us, the official

16 authorities, as we were told by the official authorities, there was no

17 reason for that. True, a certain number of families, when asked and

18 implored by their neighbours, Muslims, that is, Serbs, stayed in their

19 homes. But how afraid are the people is also evidenced by the fact that

20 flats, both in council residential blocks and in family houses, are

21 putting iron bars on their front doors. And for the first time since the

22 liberation in 1945, they are now locked at night. Yesterday and today,

23 locksmith something keys, and then there's another word, and it says that

24 locksmiths are the most popular people, the most sought-after people in

25 Gorazde.

Page 14378

1 "We learned today from the record that last night, some were on

2 the outskirts of the town, almost all workers, (about 40 of them), met.

3 Almost all workers of Serb origin met, that is, all those who work for the

4 public security centre" --

5 MS. KORNER: [Previous interpretation continues] ... perhaps, he'd

6 like to tell us how what happened in Gorazde is of any relevance to any of

7 the events we're dealing with.

8 JUDGE SCHOMBURG: On purpose I didn't want to interrupt Mr. Lukic

9 before we have come to an end of the document. Maybe there's a relevance

10 later. So I think from a perspective of fairness, we should have access

11 to the entire document tendered by the Defence.

12 MR. LUKIC: [Interpretation] "So Serb workers who work for the

13 state security centre and the public security in Gorazde and have not been

14 coming to work for the past six days, although many of them had been

15 invited by their Muslim colleagues to -- not to fear and to come to their

16 workplaces. However, on the basis of what we also learned off the record

17 (the meeting was not attended by the representatives of the CSB, of the

18 state security centre who are working), workers of Serb origin decided not

19 to return to work because allegedly, their personal safety has not been

20 provided for, nor their unhindered work, especially at the public security

21 station of Gorazde where the majority of the employees are of Muslim

22 origin.

23 "Although the chief of the public security Dzevad Begovic points

24 out that there is absolutely no reason to fear or nourish suspicions."

25 Regarding the relevance of this document and any of the other

Page 14379

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Page 14380

1 documents we tried to introduce through this bundle of documents, I would

2 like to emphasise that up to 250, our 65 ter number 250, except a few

3 books, most of the documents from Kozarski Vjesnik, which we received from

4 the OTP, and from Oslobodenje daily, which is a Muslim-controlled daily

5 from Sarajevo. So we didn't try to introduce any evidence except Kozarski

6 Vjesnik as I emphasised which we received from the OTP that was published

7 by Serbs. If we go through the fourth amended indictment, we'll see that

8 it deals in a great deal with events outside of Prijedor municipality. It

9 deals with the plan; it deals with the coperpetrators, namely Ms. Plavsic,

10 VRS members, VRS members we can find all over the Republika Srpska or B

11 and H, creation of republican borders, it's paragraph 8. And paragraph 3

12 deals with Bosnia-Herzegovina, declaration of its independence against the

13 wishes of the SDS, as it is stated. Then again, paragraph 4, about

14 independence of Bosnia-Herzegovina. All those newspaper clips deal with

15 the period of time imminently before the events from the municipality of

16 Prijedor, during the indictment period, or some of them afterwards.

17 But we think that we have the right to try to present our side of

18 the story.

19 JUDGE SCHOMBURG: So it might be, please, reflected on the list of

20 Defence exhibits that we can find the English translation of the article

21 of Oslobodenje, the 28th of March, 1992, page 3, apartments like bunkers,

22 on today's transcript, page 34, line 2 through page 35, line 19.

23 And as to the fact that these events are immediately prior to the

24 events alleged in the fourth amended indictment, this document is admitted

25 into evidence --

Page 14381

1 MS. KORNER: Well, Your Honour, I'm sorry. Your Honour, you heard

2 Mr. Lukic --

3 JUDGE SCHOMBURG: And we heard your objection that it was out of

4 the area --

5 MS. KORNER: Yes, I know, but Your Honour, what Mr. Lukic has said

6 about we have gone outside the area in the indictment, it's a complete

7 misrepresentation.

8 JUDGE SCHOMBURG: We don't have to make an assessment whether or

9 not Mr. Lukic is right on this; we just -- in the moment, we are seized

10 with the question whether or not to admit this article from Oslobodenje

11 immediately prior to the events. And under our Rules on the admission of

12 evidence, it can't be excluded that this, to a certain extent, is relevant

13 for what purpose whatsoever.

14 MS. KORNER: I don't know whether Your Honour knows where Gorazde

15 is, but if you do, it couldn't be further away from Prijedor if you tried.

16 But if that's the rule of thumb that Your Honour is applying then anything

17 roughly around the events in Prijedor is admissible, then I withdraw the

18 objections.

19 JUDGE SCHOMBURG: Let's please don't go through --

20 MS. KORNER: Your Honour, I didn't want to waste any more of

21 Your Honour's time going through all the rest of our objections of

22 relevance, on the whole, that they have nothing whatsoever to do with

23 Prijedor area. Therefore if Your Honour think this is admissible, Your

24 Honour will certainly think that the others are admissible, and so there

25 is no point in us maintaining our objections.

Page 14382

1 JUDGE SCHOMBURG: It is not that easy. We have to go through it

2 document by document. So let's please give us a chance to go through the

3 documents document by document, and then to rule on this.

4 We were now with other documents where we didn't have any

5 translation. I think the last one you mentioned was in the area of the

6 300s. Maybe I'm wrong. 309.

7 MR. LUKIC: 9.

8 JUDGE SCHOMBURG: 309. "Prijedor Public Security Centre, official

9 note." May I ask, what is the content of this document before we go into

10 this exercise of translating the document?

11 MS. KORNER: We have it. Your Honour, I should say that

12 Ms. Karper tells me that we gave a list to the Defence of every document

13 on their list for which we already had translations so they need not

14 trouble CLSS for them. So if Mr. Lukic would like to go back and check

15 that list, then we may not have this problem.

16 JUDGE SCHOMBURG: So the translation, I understand, is in the

17 possession of the Prosecution. And I think --

18 MS. KORNER: The Defence were given a copy as well which they

19 don't appear to have put in.

20 JUDGE SCHOMBURG: I think in the moment, we try to have a very

21 pragmatical approach to these questions. And therefore, would it cause

22 any problems for the Prosecution to hand over one copy of the English

23 translation to Madam Registrar in order she provides us with the necessary

24 translation, that we can rule on this.

25 MS. KORNER: The translation is on its way down.

Page 14383

1 JUDGE SCHOMBURG: Thank you.

2 MS. KORNER: Your Honour --

3 JUDGE SCHOMBURG: We are extremely grateful for this really mutual

4 cooperation.

5 Then, the next where translation is missing from your point of

6 view, please.

7 MS. KORNER: I'm sorry, I don't know where I've got to now.

8 What was the last one?

9 JUDGE SCHOMBURG: 309.

10 MS. KORNER: Right, then Your Honour, the last one, the ones I

11 went through were 458, but I'm almost certain we must have a translation

12 for that because it's a document that was disclosed in the Brdjanin case

13 that I can see from the number. And that one is also on its way down.

14 JUDGE SCHOMBURG: Thank you.

15 Any other comments on the documents until 470?

16 MS. KORNER: No.

17 JUDGE SCHOMBURG: Thank you. Then I think it's time enough to

18 start with this extremely difficult exercise. Documents 561 through 585.

19 It was distributed separately, and at the same time previously.

20 Admittedly, we have a lot of problems to identify what 561 is. We have a

21 cover sheet of a book. "Propisi instructions of 1998." Then we have some

22 text in B/C/S, then we have a translation of paragraphs starting with 295

23 and I'm afraid this has nothing to do with the aforementioned document.

24 MR. LUKIC: I'm not sure, but I have attached translation to the

25 correct document. And it's order on the application of the international

Page 14384

1 laws of war in the armed force of the Socialist Federative Republic of

2 Yugoslavia. And it's -- I have that document in B/C/S. So we'll correct

3 our document and we'll submit the right document if there is anything

4 false -- anything wrong with the document you have, Your Honours.

5 JUDGE SCHOMBURG: To be quite clear, we have this "Propisi" on the

6 cover sheet of 1998.

7 THE INTERPRETER: "Propisi" mean regulations, Your Honour.

8 JUDGE SCHOMBURG: Thank you. Regulations. But then what follows

9 is: "Internment of members of the armed forces of the warring parties and

10 care for the wounded in the territory of a neutral state." And then what

11 follows is something in Cyrillic, but starting unfortunately with chapter

12 4 -- 514, and then going backwards to Article -- to Chapter 1, Article 1.

13 So admittedly, we can't see what the purpose of this entire document is in

14 the content of this document. It seems to be in part a translation of

15 Geneva Convention, of the implementation of Geneva Convention in former

16 Yugoslavia, but in the moment, it's a guessing game, and I would invite

17 the Defence to give us a document that is really accessible.

18 MR. LUKIC: The fact is that we also have only obviously partial

19 translation, but as we can see, both B/C/S and English version have ERN

20 numbers on it. So we can provide Your Honours with everything we have,

21 but if it's not complete, maybe the Prosecution can help because it's

22 obviously that this document came from them.

23 JUDGE SCHOMBURG: Yes.

24 MS. KORNER: Well, Your Honour, we certainly wouldn't object to

25 the document going in, and I've no doubt that Mr. Brown probably has this

Page 14385

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13 English transcripts.

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Page 14386

1 properly organised somewhere, so I'll have a look.

2 JUDGE SCHOMBURG: Only if it's properly organised --

3 MS. KORNER: I'm sure Mr. Brown would organise it properly.

4 JUDGE SCHOMBURG: I think it's of some importance. It was

5 discussed, especially I recall Article 240 on criminal prosecution and so

6 on, so therefore there can be no doubt about the relevance, only if we

7 have it in a proper way.

8 MS. KORNER: Can I just make it clear, then, what it is these

9 documents -- first of all, we want instructions on the application of the

10 international laws of war in the armed forces of the SFRY in order - in

11 other words, so that it follows logically - and a copy of the Geneva

12 Conventions?

13 JUDGE SCHOMBURG: I don't know whether it's in fact the Geneva

14 Convention as such, or whether these attachments -- they remind me, no

15 doubt, of Geneva Conventions. But I don't know whether it's the Geneva

16 Convention as such or the implementation in Yugoslavia of the Geneva

17 Conventions. I don't know.

18 MS. KORNER: I don't know either, Your Honour. So I think we'll

19 have to leave that up to the Defence as to what they are trying to put in,

20 but we will see if they have got a proper logical copy of the laws of

21 international war.

22 JUDGE SCHOMBURG: I think if the parties could confer on this and

23 come to an agreement, this would be excellent.

24 562. I don't know why, but I read that's equal to Defence 97, the

25 brigade rules. We discussed the brigade rules. May I ask Madam

Page 14387

1 Registrar, was it already admitted into evidence, D97? What was this?

2 THE REGISTRAR: If you mean the Brigade Rules from the Federal

3 Secretariat for National Defence, they were admitted as D97A.

4 JUDGE SCHOMBURG: So this is resolved. It's a big bundle. But

5 to -- we should also state that we have them in B/C/S starting with the

6 ERN number 0202-8796 in B/C/S. So this would be D97B.

7 Then I have a problem. I can't see 563.

8 MR. LUKIC: I have it.

9 MS. KORNER: We don't have a 563 either.

10 MR. LUKIC: I don't know. Probably the mistake. I have a

11 immediately after 562. So we'll provide it during the break, Your Honour.

12 JUDGE SCHOMBURG: Thank you. Let's then come to 564. This is the

13 order on determination of competence and authority of commanding officers

14 by the 6th Sana Light Infantry Brigade, Official Gazette of Serbian People

15 in Bosnia-Herzegovina of July 1992. Are there any objections?

16 MS. KORNER: Your Honour, I did say to Your Honour, we haven't

17 looked at any of these, so I would have to reserve my position. But can I

18 change. It wasn't -- 563 was not in the volume that said 563, but it is

19 in the volume that says 564. So we do have a 563. It's the law on

20 service in the armed forces to which we don't object. Although it's only

21 partly translated.

22 JUDGE SCHOMBURG: I'm always happy with the parties are in

23 agreement, but I would appreciate that I know what it is. So

24 admittedly -- but let's come back to this, you promised to present us this

25 document, 563.

Page 14388

1 Then let's turn to 564 once again.

2 MS. KORNER: Well, Your Honour, I've had a quick look at it, and I

3 can't see how we would object.

4 JUDGE SCHOMBURG: This was what I thought. So therefore, the next

5 available -- the next available number for Defence exhibit would be?

6 THE REGISTRAR: D116, Your Honour.

7 JUDGE SCHOMBURG: So this would be D116A and B respectively.

8 Then with the assistance of Madam Registrar and our legal officer,

9 we have now also 563 before us, that's the law on the service in the armed

10 forces, Official Gazette, SFRY, from 1985. And in the translation,

11 Articles 1 through 55 and 92 through 99, and 154. I understand you don't

12 object?

13 MS. KORNER: No.

14 JUDGE SCHOMBURG: Admitted into evidence as S117A and B in those

15 parts translated into English.

16 565. This is out of the blue. The questioning of prisoners of

17 war and defectors. It's only one page in English. I don't know what the

18 source is.

19 MS. KORNER: We don't have anything, Your Honour. No B/C/S,

20 nothing.

21 JUDGE SCHOMBURG: And I don't know which document it belongs.

22 It's out of context, paragraphs 163 through 166.

23 MR. LUKIC: We also have only this one page, but it bears ERN

24 number, so maybe it also would be possible to check. But we have only

25 this one page in English. We don't have a B/C/S version.

Page 14389

1 MS. KORNER: Your Honour, we'll see. It's clearly one of our

2 documents because it has got a stamp on it, so we will see if we can chase

3 it down what it actually belongs to.

4 JUDGE SCHOMBURG: So this remains open.

5 566, Manual for the War of Commands and Staffs. A draft of 1983.

6 Unfortunately, I can't identify in the moment what's about these KO

7 numbers instead of ERN numbers.

8 MS. KORNER: Your Honour, that means it comes out of Kosovo.

9 JUDGE SCHOMBURG: What's the relevance of this draft, of Marsal

10 Tito's JNA, military higher education centre manual -- emphasis lies on

11 "draft."

12 MR. LUKIC: I think that this was one of the documents reviewed by

13 the General Wilmot, and it's probably the same, but we couldn't find one

14 for the VRS. And we are sure that the same document by the VRS wouldn't

15 find anything which would imply the responsibility of Dr. Stakic either,

16 so we offer this document because we couldn't find anything from the VRS

17 in that manner. But if the Prosecution has the same law which applies

18 directly to VRS, we will be happy to replace this one by the other one.

19 JUDGE SCHOMBURG: May I ask the Prosecution, what about Document

20 566, Tito's manual of 1983?

21 MS. KORNER: Well, we can see no more relevance to this than we

22 can see to Gorazde, so we leave it Your Honours.

23 JUDGE SCHOMBURG: Thank you for this rebuttal.

24 MR. LUKIC: Your Honours, what we did actually is having charged

25 Dr. Stakic with the command and responsibility de jure, we think that the

Page 14390

1 Prosecution should offer all those laws and documents to the Chamber

2 regarding military and also police, because Dr. Stakic is charged,

3 indicted also for being responsible de jure for police. And we've never

4 seen any of the documents regarding the police. We didn't have the expert

5 witness who dealt with police, so we couldn't introduce any police laws.

6 We had a military expert, and that's why we introduced all military laws

7 we could find. We invite the Prosecution to give us any, any laws

8 dealings with the police. We'll accept it; we will not confront it. We

9 will not object.

10 JUDGE SCHOMBURG: The Chamber will rule on this later, as soon as

11 possible, as soon as practicable.

12 And then immediately --

13 MR. LUKIC: 567 and further on --

14 JUDGE SCHOMBURG: I can't find it. It continues with 570.

15 MS. KORNER: 567, but there's not another translated --

16 JUDGE SCHOMBURG: 567, 568, 569 not translated.

17 MS. KORNER: Yes.

18 MR. LUKIC: Yes, Your Honour. They are all untranslated and, we

19 are waiting for the translation. We gave instructions to the CLSS to make

20 their work easier today that from some documents, we need only one line

21 because here we can see lists of names. So we were told that it should be

22 finished only by Wednesday next week. We checked it today.

23 JUDGE SCHOMBURG: If it's really only one line, why can't we

24 proceed in the way we did in the past --

25 MR. LUKIC: It's only as of 570, one-line documents, or three-line

Page 14391

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Page 14392

1 documents actually.

2 JUDGE SCHOMBURG: Please let us know. 567, how long is the

3 document?

4 MR. LUKIC: 567, it's a decision on introduction of imminent

5 threat of war and the general mobilisation orders of TO.

6 JUDGE SCHOMBURG: This can be read out immediately after the

7 break. 568. Not legible.

8 MR. LUKIC: We don't have a better document. But it's a decision

9 about formation of Territorial Defence of Republika Srpska, from 16th of

10 April 1992.

11 JUDGE SCHOMBURG: I can't even read this. And please understand

12 that we can't decide on illegible documents.

13 Any other submissions by the Prosecution? Do you have by chance

14 the original of these documents?

15 MS. KORNER: That's what we got.

16 JUDGE SCHOMBURG: The same is true for us.

17 MS. KORNER: I don't know. I'm sorry, Your Honour --

18 THE INTERPRETER: Your microphone, Ms. Korner, please.

19 MS. KORNER: Doesn't really matter. If we could see what a number

20 was, but we can't even read that. Unless we can see a number.

21 JUDGE SCHOMBURG: Anything to add?

22 MR. LUKIC: We would be happy to have a better document, but

23 that's the only one we could get. And it is --

24 MS. KORNER: If Mr. Lukic, if it's one of ours, if you have an ERN

25 number, then we can have a look.

Page 14393

1 MR. LUKIC: Obviously it's not your document. It doesn't have an

2 ERN number. The reason we submitted that document is we don't have

3 another one which deals with the formation of the Territorial Defence, of

4 VRS.

5 JUDGE SCHOMBURG: But please understand that we can't decide on

6 the admissibility of a document --

7 MR. LUKIC: We'll try to check these days if our investigator can

8 find something better.

9 JUDGE SCHOMBURG: For the moment, Document 568 is not admitted

10 into evidence because it's not legible. Feel free to try to replace this

11 document.

12 And then the following would be 569, correct, also one very short

13 one. And I would ask Madam Registrar to be so kind with the assistance of

14 the usher to prepare copies of these two documents that immediately after

15 the break, they can be read out, and they are legible, and also please be

16 provided to the booth.

17 MS. KORNER: Your Honour, we have the English for the Defence 458

18 and 308 available.

19 JUDGE SCHOMBURG: May this please be distributed during the now

20 following break. The trial stays adjourned until five minutes past

21 5.00 -- Sorry, it's a little bit late after this long day. 17.35.

22 --- Recess taken at 5.20 p.m.

23 --- On resuming at 5.39 p.m.

24 JUDGE SCHOMBURG: Please be seated.

25 Just that the transcript is clear, senior counsel of the Office of

Page 14394

1 the Prosecutor is now Ms. Ann Sutherland.

2 May we then continue. We had two documents to be read out. And

3 the first one could be 567. May I ask the booth, you have 567 and 569

4 available?

5 THE INTERPRETER: Yes, Your Honour. Yes.

6 JUDGE SCHOMBURG: Thank you. May I ask Mr. Lukic to read both of

7 these documents.

8 MR. LUKIC: Yes, Your Honour.

9 JUDGE SCHOMBURG: Thank you.

10 MR. LUKIC: [Interpretation] "Presidency of the Serb Republic of B

11 and H. Pursuant to Article 81 of the constitution of the Serb Republic of

12 B and H, and following the proposal of the government, the Presidency of

13 the SR B and H decides to proclaim the immediate danger of war, order the

14 mobilisation of the TO throughout the territory of SR B and H.

15 "All military conscripts shall be bound to put themselves at the

16 disposal of the municipal staffs of the TO in the territory of S B and H.

17 "Presidency." The seal says: "Serb Republic, Bosnia and

18 Herzegovina, government, Sarajevo, Pale, 15th April, 1992."

19 JUDGE SCHOMBURG: We can take it that there's an agreed fact that

20 the signature is not legible. Right.

21 MR. LUKIC: I cannot recognise, and it is illegible.

22 JUDGE SCHOMBURG: The next available Defence exhibit number would

23 be?

24 THE REGISTRAR: D118, Your Honour.

25 JUDGE SCHOMBURG: Objections?

Page 14395

1 MS. SUTHERLAND: No, Your Honour.

2 JUDGE SCHOMBURG: Admitted into evidence as D118B. The English

3 translation can be found on today's transcript, page 48, line 4 through

4 11. And then please Document 65 ter number 569.

5 MR. LUKIC: [Interpretation] "Republika Srpska, Prijedor

6 Municipality. The municipal administration department for the protection

7 of veterans and invalids. Prijedor.

8 "Number 03-627/02. Date: 19 December, 2002.

9 "Lawyer, Predrag Dj. Radulic, regarding reply to the request

10 submitted on the 15th December, 2002.

11 "Dear Mr. Radulic, in connection with your request bearing the

12 number and the date as referred herein, we hereby submit the requested

13 information from the official records of this organ. The list of fallen

14 soldiers of non-Serb ethnicity from the municipality of Prijedor whose

15 families have submitted a request for the allocation of funds for their

16 headstones. A list of the families of the fallen soldiers of non-Serb

17 ethnicity whose families are entitled to family invalid benefits. A list

18 of invalids of war of non-Serb ethnicity who are entitled to invalidity

19 benefits.

20 "The above-mentioned entitlements are exercised by the

21 beneficiaries pursuant to the laws of Republika Srpska, i.e., pursuant to

22 the law on the rights of soldiers, invalids of war, and families of fallen

23 soldiers (Official Gazette of RS, 35/99).

24 "Chief, Miso Rodic."

25 And the seal bears the following inscription: "Republika Srpska

Page 14396

1 municipality of Prijedor, municipal administration, department for the

2 protection of soldiers and invalids of war, Prijedor."

3 JUDGE SCHOMBURG: I take it that the now-following three documents

4 with the list of names, or better, three lists of names, are the

5 attachments to this document. Correct?

6 MR. LUKIC: Yes, Your Honour, that's correct. And we can only

7 read the first line, the title.

8 JUDGE SCHOMBURG: Yes. May we hear submission by the Prosecution,

9 objection?

10 MS. SUTHERLAND: Your Honour, I note that the document doesn't

11 have the ranks, but the column of the dates, is that the date that they

12 applied for the --

13 MR. LUKIC: I can explain the dates. And --

14 JUDGE SCHOMBURG: Let's first start with the document just read

15 out.

16 MR. LUKIC: The document is --

17 JUDGE SCHOMBURG: This would be D119B. And we can find the

18 English translation on today's transcript, page 49, I think it started

19 line 3, and goes through line 20.

20 MR. LUKIC: Your Honour --

21 JUDGE SCHOMBURG: Then it follows --

22 MR. LUKIC: -- only regarding this document, 569, it appears name

23 Predrag Dj. Radulovic, it's the investigator in the Defence team of

24 Dr. Stakic. So that that would be clear.

25 JUDGE SCHOMBURG: Thank you for the clarification. I think we

Page 14397

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Page 14398

1 should proceed in the way we did in the past, that attachments which have

2 corresponding exhibit numbers, could you please be so kind and read out

3 the first line of Document 65 ter 570.

4 MR. LUKIC: [Interpretation] "The list of fallen soldiers of a

5 different ethnicity (whose families have submitted a request for a

6 headstone)."

7 JUDGE SCHOMBURG: And then, please, following the first name,

8 Blazevic, Ante, Slavko, then we read --

9 MR. LUKIC: "Killed on 11 December, 1992." It refers for every

10 single name those dates.

11 JUDGE SCHOMBURG: So this would be, then, including 44 names,

12 would be D119B-1. I can see no objection, therefore --

13 MS. SUTHERLAND: No objection.

14 JUDGE SCHOMBURG: -- admitted into evidence.

15 Then, please, the next, 571. That would be provisionally D119B-2.

16 MR. LUKIC: [Interpretation] "A list of the family invalid benefits

17 which are exercised by the persons of non-Serb ethnicity."

18 JUDGE SCHOMBURG: This document consists of two pages and 71

19 names. Objections?

20 MS. SUTHERLAND: No, Your Honour.

21 JUDGE SCHOMBURG: Admitted into evidence, D119B-2.

22 Then 572.

23 MR. LUKIC: [Interpretation] "A list of RVI, the invalids of war of

24 non-Serbian ethnicity."

25 JUDGE SCHOMBURG: This would be a document consisting of two

Page 14399

1 pages, and including 82 names. Objections?

2 MS. SUTHERLAND: No, Your Honour.

3 JUDGE SCHOMBURG: Admitted into evidence, D119B-3.

4 What now follows, 573, a map. Can you explain the relevance,

5 please, of this map.

6 MR. LUKIC: On the same paper, we can see the number of

7 inhabitants, for example, for Brezicani, Ljubija, Prijedor, Kozarac,

8 Tomasica, and Omarska. And also have roads and borderlines in between

9 local communes.

10 JUDGE SCHOMBURG: But is this a status or is it the number to be

11 expected, because it reads "1985 through 2005." What can we read at the

12 right-hand side of the document? "Presostoni [phoen] Opstina," then

13 illegible.

14 MR. LUKIC: Can we check this one, Your Honour, because I know

15 that this was colour map, but we have it only in black and white. We'll

16 try to check it. And if we don't settle it until Friday, we'll remove it.

17 JUDGE SCHOMBURG: The next following would be, in my collection,

18 at least 576, because 574, 575, there's no translation available. I don't

19 know whether we have B/C/S.

20 MR. LUKIC: Both of these documents are submitted for translation.

21 We expect to receive them back until Wednesday, but it might be that the

22 document marked as 65 ter -- with 65 ter number 575 is in the possession

23 of the Prosecution because from the interview of Mr. Kuruzovic, it's

24 obviously that he handed in this document to the Prosecution during that

25 interview.

Page 14400

1 JUDGE SCHOMBURG: We have to come back to this. And maybe we can

2 ask Mr. Kuruzovic in person already tomorrow. So this remains still open.

3 MS. SUTHERLAND: Your Honour, in the meantime, I'll check and see

4 whether we have a translation.

5 JUDGE SCHOMBURG: Thank you for this cooperation.

6 576. I can only see a list of names --

7 MR. LUKIC: Yes, Your Honour.

8 JUDGE SCHOMBURG: -- and then some signatures.

9 MR. LUKIC: Three lines' translation should be. So the last name

10 is -- on the last page is the name of Dr. Stakic.

11 JUDGE SCHOMBURG: My document ends with number 112, Muslimovic,

12 Nihad. And admittedly, here, on page 2, we can see -- there seems to be

13 number 90, Stakic, Milomir.

14 MR. LUKIC: You are right, Your Honour. I didn't count the last

15 page, second-last page, last name is Dr. Stakic.

16 JUDGE SCHOMBURG: But until now, we don't know what it's all about

17 with this document.

18 MR. LUKIC: This is about meal vouchers, so I can read the title

19 if you want.

20 JUDGE SCHOMBURG: Yes, please do so.

21 MR. LUKIC: [Interpretation] "Meal vouchers for February 1995.

22 Work unit: Health centre, Prijedor."

23 JUDGE SCHOMBURG: May I hear submissions by the Prosecution.

24 MS. SUTHERLAND: What's the relevance of this document, 1995

25 document?

Page 14401

1 MR. LUKIC: As --

2 JUDGE SCHOMBURG: A question with some merits.

3 MR. LUKIC: As His Honour mentioned, we can see Muslim name under

4 numbers 109 --

5 JUDGE SCHOMBURG: But it's 1995.

6 MR. LUKIC: And also the signature of Dr. Stakic.

7 JUDGE SCHOMBURG: So what should be the purpose of this document

8 from 1995?

9 MR. LUKIC: Signature of Dr. Stakic.

10 JUDGE SCHOMBURG: In a civil-law environment, I could and I would

11 immediately ask Dr. Stakic in person whether it's really his case that

12 this is his signature. I think we are all aware, for example, when we see

13 number 66, 67, 68, that the number of persons signed on behalf of others.

14 MR. LUKIC: Exactly, Your Honour. That's one of our points. And

15 on the next document, Dr. Stakic is under line 1, and there is a

16 completely different signature.

17 JUDGE SCHOMBURG: Of course, I have first to emphasise that it's

18 your right to remain silent. But may I ask you whether you are prepared,

19 after having contacted Dr. Stakic, whether your submission really is that

20 this would be the signature of Dr. Stakic?

21 MR. LUKIC: Your Honour, actually I have never checked this with

22 him. I received those documents. We put them in the bundle. And about

23 that, we have to speak with him.

24 JUDGE SCHOMBURG: Are you prepared to do it now?

25 MR. LUKIC: I'd rather not, Your Honour. But until tomorrow, we

Page 14402

1 can speak with Dr. Stakic. Or during the break, whatever.

2 JUDGE SCHOMBURG: There's no other break today.

3 MR. LUKIC: Then tomorrow.

4 JUDGE SCHOMBURG: Yes. So then 577.

5 MR. LUKIC: Is also meal vouchers from the municipal health centre

6 for April 1995. And on that document, the name of Dr. Stakic is under

7 number 1, with a signature.

8 JUDGE SCHOMBURG: I have no doubt if it would be a document by the

9 Prosecution, you would contest the authenticity and the fact that it's not

10 legible. But okay, I think we should proceed with this document as it was

11 with 576. Please contact your client, and once again, you have the right

12 not to answer. But we come back to this document tomorrow.

13 Then the next following, 578, I'm afraid there is the same

14 problem.

15 MR. LUKIC: This is the document regarding meal vouchers again for

16 May 1995, and under number 9 is the name of Dr. Stakic, Milomir. So we'll

17 deal with those three documents in a bundle tomorrow.

18 JUDGE SCHOMBURG: But you are aware that none of the three

19 signatures are similar to each other.

20 MR. LUKIC: Yes, Your Honour. We had the same case, actually

21 seven different signatures, on the OTP side.

22 JUDGE SCHOMBURG: 567, we have no translation. It was already

23 read out. And here appears for a second time. So this is the problem

24 with the order of these documents.

25 What about 575? I haven't seen it before. 575 --

Page 14403

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Page 14404

1 MR. LUKIC: Read that document.

2 JUDGE SCHOMBURG: Yes, but here we have an additional page.

3 "Major Slobodan Kuruzovic, the 31st of March, 1992." If the usher could

4 be so kind and show this document we received to the Defence in order to

5 explain what it's about.

6 MR. LUKIC: I think this is a different document also regarding

7 Mr. Kuruzovic, but I think that's an attachment to the letter he received

8 from the Crisis Staff, because it says 31st of May, 1992, and I think in

9 his statement he refers that he received that decision from the Crisis

10 Staff issued on 29th of May, 1992 on the 30th or the 31st of May. I'm not

11 sure. I don't have this document with 575 in my bundle.

12 JUDGE SCHOMBURG: In my bundle, it's immediately prior to --

13 THE INTERPRETER: Microphone for the presiding Judge, please.

14 JUDGE SCHOMBURG: It's a document immediately prior to a document

15 issued by Commandant Vladimir Arsic of the 17th of May, 1992, issued by

16 the Crisis Staff of Prijedor. Therefore, I have some difficulties to see

17 the relation between these documents.

18 MS. SUTHERLAND: Excuse me, Your Honour. In the Prosecution's

19 copy of the documents, we only have the document signed by -- or the

20 signature block of Vladimir Arsic dated the 17th of May, 1992. I don't

21 have an additional page.

22 MR. LUKIC: The same with our bundle.

23 JUDGE SCHOMBURG: So we are grateful that in this case --

24 MR. LUKIC: You have more.

25 JUDGE SCHOMBURG: -- we have more documents. In other courtrooms,

Page 14405

1 this would cause real problems. But can we ask, please, the usher to

2 provide us with copies, and also for the parties of this document, that we

3 can come back when we have Mr. Kuruzovic in the courtroom, that we can ask

4 him about this document. It will be distributed immediately.

5 I hope in the order the next one is 580. Correct me if I'm wrong.

6 Because 579, it's empty here. And do we have a translation? Apparently

7 not. Oslobodenje, date -- I can't see any date.

8 MR. LUKIC: 6th of April, top right corner. Highlighted in black.

9 JUDGE SCHOMBURG: Right. 6th of April, 1992. And you want to

10 tender the entire page or only that what we can read on the second page?

11 MR. LUKIC: Actually only this column, this here. So it's 50

12 words.

13 JUDGE SCHOMBURG: I think now the best way to proceed is to put

14 this extremely good, legible document on the ELMO. And if you would be so

15 kind and read extremely slowly.

16 MR. LUKIC: [Interpretation] "Oslobodenje, Monday, 6 April 1992.

17 Sarajevo, year 49. Number 15732.

18 "Bosnia and Herzegovina dramatically challenged. Hundreds of dead

19 and wounded in Kupres, gunshots at the peace column in Sarajevo. War is

20 raging almost in all the regions of Bosnia and Herzegovina. Terrorists

21 are slowly taking over one town after another, villages and vital

22 facilities. The political leadership is completely paralysed. The army

23 units are still sitting still. According to very scarce and unverifiable

24 information, the situation is the most difficult on the Kupres plain.

25 "In the open conflicts, the so-called voluntary forces, Croats and

Page 14406

1 Serbs, the heaviest weapons are being used. There are also indications

2 that the air force of the army has been active in this region today. The

3 detonations from there reach as far as Bugojno. Despite all that, nobody

4 is absolutely certain about the real proportions of the catastrophe that

5 is unfolding over there. Those who managed to flee at the last moment

6 claim, according to Tanjug, that so far, there have been hundreds of dead

7 and wounded there."

8 JUDGE SCHOMBURG: Thank you. The next available exhibit number,

9 please? D120B. And the English translation can be read on today's

10 transcript, page 57, line 14 through page 58, line 3.

11 Objections?

12 MS. SUTHERLAND: Apart from the sentence "war is raging in almost

13 all the region Bosnia-Herzegovina," it deals with Kupres and Sarajevo

14 which is outside the Prijedor Municipality area.

15 JUDGE SCHOMBURG: So you don't want to continue. You want only to

16 read the left-hand column?

17 MR. LUKIC: Yes, Your Honour.

18 JUDGE SCHOMBURG: As to the fact that it's immediately prior to

19 the events --

20 MR. LUKIC: It's the day of recognition of Bosnia-Herzegovina

21 also, the 6th of April, by some states.

22 JUDGE SCHOMBURG: I'm aware of this, and therefore we can't

23 automatically and at this point in time say that it's absolutely

24 irrelevant. Therefore, admitted into evidence as D120B.

25 580. Once again, without any translation.

Page 14407

1 MR. LUKIC: It's only text on the right-hand bottom corner.

2 "Imminent threat of war." [Interpretation] "Imminent threat of war."

3 JUDGE SCHOMBURG: I think this is undisputed. And is it really

4 necessary to introduce this once again into evidence?

5 MR. LUKIC: Yes, because this one is issued by the Presidency of

6 Bosnia-Herzegovina, Rump Presidency, not "imminent threat of war"

7 introduced by the Serbian Presidency, or actually Serbian Republic of

8 Bosnia-Herzegovina.

9 JUDGE SCHOMBURG: I think we shouldn't go into in-depth discussion

10 of tu quoque, but you want to limit your contribution to this small

11 article of the 9th of April Priznanja or ...?

12 MR. LUKIC: No, Your Honour, actually everything else around that

13 small box.

14 JUDGE SCHOMBURG: But what is - now I have to ask the same

15 question in your direction - the added value to what we have already in

16 evidence.

17 MR. LUKIC: That the presidency changed the name of the state by

18 its own, it's changed from SRB to RB. It abolished republican staff of

19 the Territorial Defence, organised separate staff of Territorial Defence,

20 introduced a new commander and staff of this Territorial Defence. So it's

21 pretty detailed, has dates in it.

22 JUDGE SCHOMBURG: So if we can proceed with this document in the

23 same way we did it previously, and may I ask the usher to present this

24 document, only this one, on the ELMO.

25 This would be D121B. Correct?

Page 14408

1 THE REGISTRAR: D122, Your Honour.

2 JUDGE SCHOMBURG: D122B. Please, and slowly.

3 MR. LUKIC: [Interpretation] "The Presidency of Bosnia and

4 Herzegovina. Imminent threat of war. This decision on the basis of the

5 constitutional powers was taken by the presidency of BH. Instead of

6 Socialist Republic of B and H, the Republic of B and H. RS TO, the

7 Territorial Defence republican staff abolished, and TO staff set up. And

8 the new commander and chief of staff appointed.

9 "The Presidency of the Socialist Republic of Bosnia and

10 Herzegovina tonight proclaimed the imminent threat to war across the

11 territory of Bosnia and Herzegovina two nights ago. This decision was

12 taken at a session of the state of leadership of Bosnia-Herzegovina during

13 the -- for the duration of the imminent threat of war. The Presidency of

14 the Republic will have additional members sitting in it so that in his

15 work will participate the president of the Assembly of Bosnia-Herzegovina,

16 the prime minister, and the commander of the Territorial Defence.

17 "These and other decisions were taken at a session whose work was

18 also participated in by presidents -- by chairman of the caucuses of the

19 Assembly of BH, the prime minister of the Republic, the Minister for

20 People's defence. The session was not attended by Dr. Biljana Plavsic and

21 Dr. Nikola Koljevic who notified this state body that same day that they

22 had resigned their offices in the Presidency.

23 "Likewise, the Presidency also decided to change the name of the

24 Socialist Republic of Bosnia and Herzegovina and to give it a new

25 name, `The Republic of Bosnia and Herzegovina.' A decree on the abolition

Page 14409

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2

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6

7

8

9

10

11

12 Blank page inserted to ensure pagination corresponds between the French and

13 English transcripts.

14

15

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17

18

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20

21

22

23

24

25

Page 14410

1 of the former republican staff of the TO was adopted encompassing also the

2 establishment of the TO staff of Bosnia-Herzegovina. Among other things,

3 this decree states that the Presidency of BH will decide on the employment

4 of units of the TO of the Republic of Bosnia and Herzegovina, and that the

5 Ministry for the People's Defence of the Republic of Bosnia and

6 Herzegovina, through the TO staff of the Republic of Bosnia and

7 Herzegovina, will run and command the TO forces.

8 "The decree likewise says that the provisional, official insignia

9 of all members of the TO is the ancient Bosnian coat of arms in the form

10 of a shield, blue, with a white bar crossing it diagonally and with three

11 golden yellow lilies in each of the fields. In the same decree of the

12 Presidency, it is dismissed the former commander of the republican staff

13 of the Republic of Bosnia-Herzegovina, Lieutenant-General Drago

14 Vukosavljevic, and the chief of the republican staff of the Territorial

15 Defence of Bosnia-Herzegovina, Lieutenant-General Fikret Jahic. And

16 appointed pointed Colonel Hasan Efendic the commander of the staff of the

17 Territorial Defence of Bosnia-Herzegovina, and Colonel Stjepan Siber, the

18 chief of staff of the Territorial Defence. This decree entered force two

19 nights ago.

20 "The Presidency of the Republic of Bosnia-Herzegovina took all

21 those decisions pursuant to constitutional powers, pursuant to its

22 constitutional powers, because two mornings ago, the chairman of the

23 caucuses in the Assembly of the Socialist Republic of Bosnia-Herzegovina

24 had informed the members of the Presidency that the Assembly of

25 Bosnia-Herzegovina, which has been sitting for the past three days without

Page 14411

1 interruption, was unable to adopt the necessary legal acts because in the

2 newly emerged political situation, because of the absence of quorum. And

3 this situation, the Presidency, has termed the imminent threat of war.

4 "The Presidency of the Republic of Bosnia-Herzegovina shall

5 continue to use its constitutional powers to pass the necessary decisions

6 and decrees, and when the necessary conditions are provided, that is, when

7 a sufficient number of members of parliament of the republic attend this

8 session (121 members of parliament), the Assembly shall inform the state

9 leadership that it will continue to perform its constitutional obligations

10 and tasks.

11 "In adopting these decisions and the decrees, the Presidency of

12 Bosnia-Herzegovina concluded two nights ago -- at its session two nights

13 ago that the legality and the legitimacy of the Bosnia-Herzegovinian

14 parliament should not be suspended and called upon the members of the

15 parliament of Bosnia-Herzegovina to gather in Sarajevo.

16 "It was said that if some members of parliament were fighting on

17 the front, then it would be better if they engaged in the defence of

18 Bosnia-Herzegovina in the parliament where they had been elected as

19 representatives of peoples, that is, their municipalities.

20 "The Presidency of B and H, on behalf of the members of the

21 parliament who participated in the work of this body of the state, the

22 chairman of the caucus of the MBO, the Muslim/Bosnian organisation,

23 Dr. Muhamed Filipovic, transmitted the requests of the members of

24 parliament in Sarajevo which addressed the following issue: The Assembly

25 of B and H should be in permanent session. Then the international public

Page 14412

1 opinion should be kept abreast with the developments in Bosnia and

2 Herzegovina, that the JNA should recognise the supreme civilian authority

3 in Bosnia and Herzegovina, and to request from the government of Bosnia

4 and Herzegovina to adopt the law on the establishment of the army of

5 Bosnia and Herzegovina. It was also requested to adopt a law on the

6 invalidation of all federal laws which are in contravention with the

7 international recognition of Bosnia and Herzegovina and to pass new laws

8 which would be -- which would reflect the spirit of that recognition."

9 JUDGE SCHOMBURG: Signed by R. Zivkovic.

10 MR. LUKIC: Yes, Your Honour.

11 JUDGE SCHOMBURG: This article would be in fact D121B. And the

12 transcript reflects the English interpretation from page 59, line 24,

13 through page 63, line 3.

14 Objections?

15 MS. SUTHERLAND: No, Your Honour.

16 JUDGE SCHOMBURG: Admitted into evidence under this number.

17 With the next two articles, based on my own perusal, I have some

18 problems as to the relevance. May we start with 582; apparently it's

19 referring to some events --

20 MR. LUKIC: Tuzla, yes, Your Honour.

21 JUDGE SCHOMBURG: -- in Tuzla.

22 MR. LUKIC: Beside the attack on the army in Sarajevo in

23 Dobrovoljacka Street, one of the biggest massacres before the events in

24 Prijedor is the massacre of the JNA soldiers in Tuzla. And it had a

25 profound effect on the whole Bosnia-Herzegovinian community. So --

Page 14413

1 MS. SUTHERLAND: Your Honour, I think counsel is giving evidence.

2 JUDGE SCHOMBURG: I would call it --

3 MR. LUKIC: Leading evidence.

4 JUDGE SCHOMBURG: I could call it argument, and we are grateful

5 that Defence counsel is prepared to read this evidence. But in fact, we

6 have to limit ourselves to the necessary, and it's undisputed that there

7 was a period of war, otherwise some prerequisites of the charges of the

8 Prosecution would not be established. And therefore, I think it's not

9 disputed that similar heinous crimes were committed also in other areas

10 and by other ethnicities in former Yugoslavia.

11 So therefore, we can't the relevance especially of this article.

12 MR. LUKIC: Your Honour, even Judge Vassylenko asked our expert

13 military expert witness, did he believe that Muslims in Prijedor area

14 attacked military aiming to gain victory against military columns? We can

15 see in that period of time, exactly 16th of May, attack on military column

16 on which Muslims won. They killed or captured every single soldier in

17 this column.

18 JUDGE SCHOMBURG: In Tuzla.

19 MR. LUKIC: In Tuzla. In Kozarac, they tried unsuccessfully. But

20 there was attempt similar or the same to this one, few days after this

21 successful operation of Bosnian TO. Only eight days after this incident,

22 the attack on military convoy took place in Kozarac. So we think that it

23 shows clearly that there was order from one place, that all military

24 convoys should be attacked, military installations should be attacked --

25 JUDGE SCHOMBURG: Please refrain from arguing. I think we have

Page 14414

1 got your point. Submission by the Prosecution as to the relevance?

2 MS. SUTHERLAND: Your Honour, there has been no translation read

3 out. I don't know what it says, apart from Mr. Lukic's assertions.

4 JUDGE SCHOMBURG: So then we have to, unfortunately, to proceed in

5 the same manner. May I ask you, then, we stay in the same order, the

6 first following article would be 581, once again not translated. But I

7 take it that you want only these three columns on page 2. Correct?

8 MR. LUKIC: Yes, Your Honour.

9 JUDGE SCHOMBURG: And the relevance would be, very briefly?

10 MR. LUKIC: This is another attack on a military convoy in

11 Sarajevo, I just mentioned. It's conducted on the 4th of May, 1992. And

12 then in that military convoy, soldiers were also slaughtered, not as many

13 as in Tuzla, but the same --

14 JUDGE SCHOMBURG: I think it's undisputed. Mr. Lukic, can we

15 compromise that we admit into evidence 582, because, in fact, it's closer

16 to the incidents you just mentioned. Can we proceed this way, that we

17 limit ourselves to 582?

18 MR. LUKIC: Both of them come after the issued order by Alija

19 Delimustafic for which the Prosecution said it has actually never took

20 place. So we think that both of these incidents show that this decision

21 has been issued and that according to that decision, all these attacks

22 were performed. So although I know that it's maybe, Your Honour, enough

23 for you to have only one of these paper clips, we think that it's

24 necessary to have both of them. We could offer many more regarding this,

25 but we already choose only those two because they were the most -- well,

Page 14415

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13 English transcripts.

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18

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20

21

22

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24

25

Page 14416

1 the most well-known ones, so that's why we choose two of them.

2 JUDGE SCHOMBURG: I think in the moment, we have to take a

3 pragmatic approach and, please, put it on the ELMO and please read it out

4 slowly.

5 This would be now really D122B.

6 MR. LUKIC: [Interpretation] "Oslobodenje, Monday, 4th May, 1992.

7 Truth with new threats. Alija Izetbegovic released only in the evening

8 from the military prison. Drama surrounding the evacuation of the

9 military command of the 2nd Army District. General Kukanjac claims that

10 his convoy was subject to a crime in Dobrovoljacka Street. Foreign

11 observers cannot confirm allegations about victims. General Djurdjevac

12 announces the threatening movements of 12.000 people from Romanija towards

13 Sarajevo. Will the announced talks take place today? The talks between

14 Bosnia-Herzegovina and the JNA?

15 "The terrorist military abduction of the president of the

16 Presidency of Bosnia-Herzegovina which astonished the world on Saturday

17 evening came to an end on Sunday evening after almost 24 hours. Within

18 the frame of the agreement which envisaged the safe evacuation of the

19 command of the 2nd Military District from Sarajevo, Alija Izetbegovic

20 returned to his office in the Presidency. But this was just an

21 introduction into a new drama; namely, the army accused

22 Bosnia-Herzegovinian authorities that despite the achieved agreement, the

23 safe evacuation of the military convoy from the town has not been secured.

24 "My men were subject to a crime in Dobrovoljacka Street in

25 Skenderija. Over one half of the convoy has been cut off and came under

Page 14417

1 attack. There are dead and wounded there. Twenty-five lorries have been

2 confiscated, stated the commander of the 2nd military district, General

3 Mile Kukanjac. General McKenzie confirmed there were problems with the

4 convoy. He is from the UNPROFOR command, and he was one of the escorts of

5 the convoy. However, foreign observers could not confirm the statements

6 on the losses suffered by the convoy, and the European envoy, Major Colin

7 Doyle says that the allegation about 25 confiscated lorries is an

8 exaggeration. He also states that he has been informed about the

9 confiscation of nine lorries, and he says that he would be disappointed if

10 the agreement on the safe evacuation of the command has been violated.

11 This would raise the following question: Do the Presidency and the

12 Territorial Defence staff actually control their armed forces, stated

13 Doyle. The problems with the convoy, even before General Kukanjac spoke

14 to the military circles, have been used for a new threat against the

15 general population of Sarajevo. General Vojislav Djurdjevac stated that

16 12.000 men-strong forces are moving towards the city, and he said: `I

17 cannot stop these men'.

18 "This was nothing else but a new confirmation for a high military

19 position that the truce is being abused again, not only by the new attacks

20 of the Chetnik terrorist forces on Sarajevo, which shelled the town and

21 tried to penetrate into certain parts of the city throughout the duration

22 of the negotiations, but also that the truce is being used for the

23 regrouping of the aggressor forces, for bringing in new units, and for

24 taking positions for the attack on town."

25 That's the part we want to introduce. And if you want, I can

Page 14418

1 continue.

2 JUDGE SCHOMBURG: Thank you. I think it's quite clearly reflected

3 what you want to bring to the attention of the Trial Chamber. This would

4 be D122B. And the English translation is reflected on today's transcript,

5 page 66, line 1 through page 67, line 18. And let's immediately proceed

6 with the Planula i Tuzla. That would be D123B.

7 MR. LUKIC: [Interpretation] "Oslobodenje" -- [No Interpretation]

8 JUDGE SCHOMBURG: I'm afraid the interpretation is frozen.

9 THE INTERPRETER: I'm sorry, Your Honour. It was "Oslobodenje,

10 Saturday, 16th of May, 1992."

11 JUDGE SCHOMBURG: Okay.

12 MR. LUKIC: [Interpretation] "As the army column passed through the

13 town, Tuzla is ablaze. Five army vehicles loaded with ammunitions,

14 weapons, and shells set on fire causing a major fire. Tuzla authorities

15 claim that the former JNA is responsible for the incident. Tuzla, May

16 15th. A more trivial yet worse incident between the former JNA and the

17 Territorial Defence and the MUP in Tuzla could not have happened. Tonight

18 around -- last night around 1900, at the crossroads in Brcanska Malta

19 where the streets from the direction of the Husinska Buna barracks

20 intersects with Slavinovici and the centre of the town, five army vehicles

21 loaded with ammunition, weapons, and shells were set on fire.

22 "The incident started with the hell-like bursts of fire from

23 firearms. Selim Beslagic, the mayor of Tuzla, immediately communicated on

24 the local television, FS3, that the fire from the convoy was opened by --

25 first by the soldiers who were happy that they were leaving town. The

Page 14419

1 Territorial Defence and the police responded.

2 "The detonations and explosions of ammunition crates went on for

3 two hours beneath the windows of skyscrapers. Several flats burnt down as

4 well. So far, it has been communicated that four soldiers and one child

5 were wounded and rescued. The smoke was billowing and going as far as 50

6 metres up. All this was transmitted live by the local television whose

7 studio is 300 metres away from the fire.

8 "Only a few hours after the press conference at which good news

9 about the negotiations between the municipal authorities and the command

10 of the Husinska Buna barracks, today an incident took place in Tuzla once

11 again at Brcanska Malta with a military APC which left the barracks. It

12 was communicated that the army had tried to take the TO weapons from

13 Tuzla. The convoy was returned to the barracks before the eyes of the

14 Tuzlans who watched it all on their screens. Three hours later, a convoy

15 left the area once again, and once again it carried weapons and

16 ammunition. The members of the TO and MUP stopped the convoy again, and

17 then hellish gunfire started.

18 "It was reported that there were more wounded on the road towards

19 Slavinovici, and that the members of the TO and the army had clashed

20 there. It was late into the night -- it is late, and it is uncertain how

21 all this would end up in Tuzla and will it escalate into a major conflict?

22 The Tuzla authorities call up on the army to calm down the atmosphere and

23 to start talks. At this moment, thousands of Tuzlans are in shelters.

24 Columns of military vehicles cannot pass through the town tonight.

25 Firemen in neighbouring communities and companies are called upon to hurry

Page 14420

1 to the rescue. Some have already arrived and are putting out the fire."

2 JUDGE SCHOMBURG: Thank you, Mr. Lukic, for this assistance. This

3 would be D123, or 4, Madam Registrar, please?

4 THE REGISTRAR: 123, Your Honour.

5 JUDGE SCHOMBURG: D123. And it can be read on today's transcript

6 in English, page 68 to 69. Are there any objections related to D122 or

7 D123?

8 MS. SUTHERLAND: Your Honour, I thought the Prosecution's position

9 was if it was dealing with the municipality outside of Prijedor, then we

10 were objecting to it on the grounds that we weren't allowed to introduce

11 documents relating to other municipalities. I'm sorry I didn't make that

12 clear before the two exhibits were read out.

13 JUDGE SCHOMBURG: We discussed this in the meantime, and we

14 believe there might be some relevance in these documents, and therefore,

15 we decided to admit these documents into evidence under the respective

16 exhibit numbers.

17 Coming now to the end of this file, I think it's not necessary

18 that the documents 583 and 584 declaring only that you received some

19 documents by ministries of Republika Srpska, but we could in my opinion

20 limit ourselves to the document related to Simo Drljaca. And I don't

21 really know whether we need this declaration on the son of Mr. Marjanovic,

22 because I think this is already in evidence.

23 Could you agree?

24 MR. LUKIC: Yes, yes, Your Honour.

25 JUDGE SCHOMBURG: So you withdraw 585. And if you then finally,

Page 14421

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Page 14422

1 to conclude the day, be so kind and read out the document on Simo Drljaca.

2 But before we read it, may I ask you, what is the relevance of your

3 document dated April 1994 or October 1994?

4 MR. LUKIC: That's the only document we found related -- actually

5 we received related to the appointment of Mr. Drljaca. We asked for 1992,

6 and this is what we got.

7 JUDGE SCHOMBURG: Is this in dispute, may I ask, the appointment

8 of Mr. Simo Drljaca?

9 MS. SUTHERLAND: Your Honour, I'm sorry, is Mr. Lukic talking

10 about 1992 or this 1994 document? I don't know what it says, I'm sorry.

11 JUDGE SCHOMBURG: It's a document on the appointment, because it

12 was not possible to get any documents on 1992. Therefore, in the moment,

13 I can't see any relevance of the document of 1994.

14 MS. SUTHERLAND: Yes.

15 JUDGE SCHOMBURG: And the role of Simo Drljaca, I think it has

16 been highlighted by numerous exhibits and witness testimonies and I don't

17 see that it's in dispute that he was appointed.

18 MR. LUKIC: The Prosecution claims that he was appointed by the

19 Municipal Assembly. So we --

20 JUDGE SCHOMBURG: The claim is related to 1992, and here we have a

21 document in 1994. This is a problem.

22 MR. LUKIC: We were informed that they don't have anything from

23 1992, whether it's burned or ...

24 JUDGE SCHOMBURG: I think in this case, really, the appointment in

25 1994 has no relevance for the present case. And I think this is now a

Page 14423

1 question of the assessment and the evaluation of evidence we have before

2 us, and therefore no doubt you have the right to insist on a ruling, but

3 we can't see any relevance of this document in the moment.

4 We saw that you tried to find a document dated 1992, but

5 apparently it was not possible for you. And from your point of view,

6 unfortunately you received only a document of 1994. But it doesn't help

7 at all for the case before us. So do you intend to withdraw?

8 MR. LUKIC: Maybe this could be replaced by a law, and we did not

9 introduce any laws regarding interior affairs.

10 JUDGE SCHOMBURG: I think we discussed nearly during the entire

11 case on the one-hand side we have the law; on the other, we have maybe

12 another reality. And what counts is the reality. And therefore, it

13 doesn't help much. So may I ask you, do you insist on a ruling on the

14 documents 583 through 585?

15 MR. LUKIC: Yes, Your Honour.

16 JUDGE SCHOMBURG: 585, I understood you already withdrew.

17 MR. LUKIC: Yes, Your Honour.

18 JUDGE SCHOMBURG: So 585 is no longer subject to any ruling. May

19 I hear submissions by the Prosecution related to 583 to 584 only.

20 MR. LUKIC: Excuse me, Your Honour, before my learned friend

21 expresses, but 583 is the document regarding 1992. It's military -- from

22 the military, and it's for 1991 and 1992, only Simo Drljaca is for 1994.

23 JUDGE SCHOMBURG: Okay.

24 MS. SUTHERLAND: Your Honour, the document behind 583 is dated the

25 15th of February 2000, and I don't see any --

Page 14424

1 JUDGE SCHOMBURG: In the text --

2 MS. SUTHERLAND: In the text it says 1991, 1992.

3 JUDGE SCHOMBURG: It says Milomir Stakic.

4 MS. SUTHERLAND: But I don't know what the text says, Your Honour.

5 JUDGE SCHOMBURG: This is really the final document. And what

6 about 584, the remaining document on Mr. Simo Drljaca?

7 MS. SUTHERLAND: The Prosecution would say it's not relevant to

8 the indictment. It's a 1994 document.

9 JUDGE SCHOMBURG: After deliberations, dismissed as not relevant.

10 This is 584. 585 is already withdrawn. So the final document we have

11 before us, for all participants, it is the now remaining document, 583.

12 This concludes, then, today's hearing, if you could please be so kind.

13 MR. LUKIC: [Interpretation] "Republika Srpska, Ministry of

14 Defence, Banja Luka. Number 8/1-08-77-2/02. Date, 15 February 2002.

15 "Republika Srpska, Ministry of Justice. Office for Communication

16 with the International Tribunal in The Hague.

17 "Regarding your enactment number 02/1-773-31/02.

18 "With regard to your request by the enactment of the general staff

19 of the army Republika Srpska, internal number 03/2-155-2, dated 12th

20 February, 2002, we hereby inform you on the following, and we quote:

21 "We hereby inform you that the appointment of military commanders

22 and their deputies in military units who were stationed in Prijedor

23 Municipality during the period between 1991 and 1992 was dealt with

24 according to the line of command in the army.

25 "It transpires from the aforementioned that Mr. Milomir Stakic,

Page 14425

1 as the president of the Municipal Assembly and the Crisis Staff of the

2 Municipality of Prijedor, in the aforementioned period, could not have any

3 influence on the election and appointment of military commanders and their

4 deputies.

5 "Liaison officer, Zoran Cvetkovic."

6 And the seal bears the following words: "Republika Srpska." The

7 number on the seal, 1. The last line on the seal, illegible.

8 JUDGE SCHOMBURG: Prosecution, please.

9 MS. SUTHERLAND: This is a document signed by a liaison officer

10 purporting to know what was going on in Prijedor in 1992. We don't know

11 what it's based on, what documents he has come to this decision in the

12 document.

13 JUDGE SCHOMBURG: The Trial Chamber will rule on this document as

14 soon as possible and as soon as practicable.

15 MR. LUKIC: Only if I can explain, it refers to the act of main

16 staff of VRS and gives the number. And this is only the quote from the

17 whole document. I don't know why it's not sent to us in its whole, but

18 obviously there are some reasons or maybe some restrictions, but this is

19 only the quote from the document issued by another organ.

20 JUDGE SCHOMBURG: Therefore we have to carefully review this

21 document before we come to a final conclusion.

22 So this completes the attempt to go through these documents, from

23 561 until 585. We expect the submissions on the remaining documents, 470

24 to 560, by the Prosecution as soon as possible and as soon as practicable.

25 And then we'll finally decide on all the still-open exhibits.

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1 Are there any other issues to be discussed urgently today?

2 MR. LUKIC: There's no other issues. Only when necessary, I can

3 comment every single disputed document by the Prosecution, and I think

4 that I already have some notes if Your Honours are interested to hear

5 those arguments. I'd like to provide them.

6 JUDGE SCHOMBURG: Of course, in the moment, we have all the

7 submissions by the Prosecution. We'll give the floor to the Defence that

8 you have no doubt the right to address these documents as well before we

9 decide.

10 Anything from the Prosecution.

11 MS. SUTHERLAND: No, Your Honour.

12 JUDGE SCHOMBURG: This is not the case. Then let's call it a day.

13 I thank everybody for all the assistance provided today. And we start

14 tomorrow, 9.00 to 12.30, and from 2.00 to 4.30 in Courtroom Number I.

15 The trial stays adjourned until tomorrow, 9.00.

16 --- Whereupon the hearing adjourned

17 at 7.06 p.m., to be reconvened on Wednesday,

18 the 26th day of March, 2003, at 9.00 a.m.

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