1 THE INTERNATIONAL CRIMINAL TRIBUNAL CASE NO. IT-94-1-T
2 FOR THE FORMER YUGOSLAVIA
3 IN THE TRIAL CHAMBER
4 Tuesday, 11th June 1996
5 (10.00 a.m.)
6 THE PRESIDING JUDGE: Good morning, Mr. Niemann, are you ready to proceed
7 with your next witness?
8 MR. NIEMANN: Yes, your Honour. The next witness will be taken by my
9 colleague, Mr. Tieger, but at this stage I might just mention we have
10 served on Mr. Wladimiroff and we will file an up-to-date witness list
11 of the witnesses that we anticipate calling over the next two weeks.
12 The order of witnesses in some cases changed slightly from what was
13 originally intended.
14 THE PRESIDING JUDGE: How many did you drop?
15 MR. NIEMANN: Some witnesses have refused to testify so we will not be
16 able to call them.
17 THE PRESIDING JUDGE: I would not encourage that. That is very sad if
18 that occurs, and you know that is just my humour.
19 MR. NIEMANN: Sorry, your Honour. Some of the witnesses are not available
20 at this stage and some other of the witnesses we wish to speak to
21 because they are reluctant to testify, but if we speak to them we may
22 be able to discuss protective measures with them. So that is some of
23 the reasons why the list has been changed slightly from what was
24 originally intended, but that is available now and I can file that.
25 THE PRESIDING JUDGE: Maybe now is a good time to point out for the record
1 once again Rule 77 of the Rules of Procedure and Evidence of the
2 Tribunal that deals with contempt. As you remember, we talked about
3 that Friday. So once again, I wish to make it clear that the Tribunal
4 is very serious and very concerned that witnesses not be intimidated
5 or interfered with in any way. If that comes to the attention of the
6 Trial Chamber, we will enforce without hesitation Rule 77 of the Rules
7 of Procedure and Evidence of the Tribunal which provides that, "any
8 person who attempts to interfere with or intimidate a witness may be
9 found guilty of contempt and sentenced in accordance with subrule
10 (A)"; subrule (A) of our Rules provides that, "anyone who is found
11 guilty of contempt can be fined in a sum not exceeding $10,000 or a
12 term of imprisonment not exceeding six months". That is a matter that
13 the Trial Chamber is very concerned about.
14 It does not expect it to happen, but if it comes to the
15 attention that there is any interference or intimidation, then we will
16 enforce that Rule without hesitation. The lawyers should know that
17 and bring it to our attention, Mr. Wladimiroff and Mr. Niemann, and we
18 will act accordingly. Very good. Mr. Niemann, is there anything else?
19 MR. NIEMANN: No, your Honours. Although it has not been formally filed
20 yet, I will hand a copy of this list to your Honours and we will
21 undertake to file it in due course. There are three copies.
22 THE PRESIDING JUDGE: Thank you. Are we going to proceed, Mr. Tieger?
23 MR. TIEGER: Yes, your Honour. Pursuant to the court's order, we will be
24 in closed session this morning.
25 THE PRESIDING JUDGE: The Trial Chamber will now go into closed session to
1 receive the testimony of the next witness.
4 (Hearing in closed session)
11 Page 2244 to 2342 redacted. Closed session.