Tribunal Criminal Tribunal for the Former Yugoslavia

Page 7690

1 Monday, 1 July 2002

2 [Open session]

3 --- Upon commencing at 2.22 p.m.

4 [The accused entered court]

5 JUDGE AGIUS: Madam Registrar, you may proceed with calling the

6 case, please.

7 THE REGISTRAR: Yes, Your Honour. This is the case number,

8 IT-99-36-T, the Prosecutor versus Radoslav Brdjanin and Momir Talic.

9 JUDGE AGIUS: Thank you.

10 Mr. Brdjanin, good afternoon to you. As usual, I ask you whether

11 you can hear me in a language that you can understand.

12 THE ACCUSED BRDJANIN: [Interpretation] Good afternoon, Your

13 Honours. I can hear you and understand you.

14 JUDGE AGIUS: General Talic, good afternoon to you. Can you hear

15 me in a language that you can understand?

16 THE ACCUSED TALIC: [Interpretation] Good afternoon, Your Honours.

17 I can hear you in a language I understand.

18 JUDGE AGIUS: Thank you. You may sit down.

19 Appearances for the Prosecution.

20 MS. RICHTEROVA: Good afternoon, Anna Richterova and Julian

21 Nicholls, assisted by Denise Gustin, case manager.

22 JUDGE AGIUS: Yes. Good afternoon to you.

23 Appearances for Radoslav Brdjanin.

24 MR. TRBOJEVIC: [Interpretation] Good afternoon, Your Honours. I'm

25 attorney Milan Trbojevic. With me is lead counsel Mr. John Ackerman and

Page 7691

1 our assistant Marela Jevtovic.

2 JUDGE AGIUS: I thank you. And good afternoon to you.

3 Appearances for General Talic.

4 MR. ZECEVIC: Good afternoon, Your Honours. Slobodan Zecevic and

5 Natasha Ivanovic-Fauveau for General Talic.

6 JUDGE AGIUS: I thank you, and good afternoon to you too.

7 I understand preliminaries, problems from anywhere? From ...?

8 So no preliminaries -- yes.

9 MR. ACKERMAN: We had agreed to put them off until the witness had

10 finished, Your Honour. But it's only five minutes.

11 JUDGE AGIUS: I see. So in other words, you're telling me no

12 illusions, Judge, problems there are, but they will come later.

13 MR. ACKERMAN: No. Five minutes. That's all.

14 JUDGE AGIUS: Okay. All right. That's great.

15 So I think we need to prepare the courtroom for a closed session

16 first.

17 Before we do so or while we are doing so and while we are still in

18 open session, I don't know whether you are in a position to answer me on

19 this, but -- in the absence of Ms. Korner or Mr. Cayley. But you know

20 that there is the motion for protective measures with regard to a number

21 of witnesses related to a number of municipalities. The one which

22 interests me -- interests us more urgently than the rest is the one

23 related to Kljuc.

24 First of all, have you, Mr. Ackerman, or you, Mr. Zecevic, already

25 filed a response to that motion, or are you still thinking about it?

Page 7692

1 MR. ACKERMAN: Your Honour, I think probably the -- the best way

2 to answer you is to just sort of make a blanket statement which I've made

3 before which I think you can take as my position with regard to all of

4 these. I am opposed to closed sessions. I have no problem with image

5 distortion, voice distortion, all of those kinds of things. But fully

6 closed sessions I'm opposed to always.

7 JUDGE AGIUS: Yes, Mr. Zecevic.

8 MR. ZECEVIC: Your Honours, in principle, we are joining the

9 position of our learned colleague John Ackerman. But we are ready to

10 respond this week to that.

11 JUDGE AGIUS: If you can, because I think it's only fair to put

12 the Prosecution in a position to know with regard -- in particular to the

13 first -- to the only three witnesses that there are from the Kljuc

14 municipality that are seeking for protective measures. With the rest you

15 can take your time.

16 MR. ZECEVIC: Yes. Well, if your -- if it pleases the Court, we

17 can be ready by tomorrow.

18 JUDGE AGIUS: Yes. Okay. That's fair enough. It's more than

19 fair, actually.

20 MR. ZECEVIC: Thank you.

21 JUDGE AGIUS: I thank you, Mr. Zecevic.

22 And more or less you know what the position is. We should be in a

23 position -- we probably will decide about the witnesses from the Kljuc

24 municipality first and then consider the pros and cons of the -- with

25 regard to the other witnesses coming from the other municipalities.

Page 7693

1 MS. RICHTEROVA: Your Honour, we discussed this, and we realised

2 that we will start calling witnesses from the Kljuc municipality most

3 probably at the beginning of the next session. It means from 26th of

4 August, when we will --

5 JUDGE AGIUS: Yes. But Ms. -- Madam Richterova, if, for example,

6 with regard to one witness you seek closed session and the Chamber says no

7 closed session with regard to this one, then you have to go back to that

8 witness, explain to him that there could be voice -- image distortion

9 instead, so on and so forth. You know, so it may take time. So this is

10 why we are trying to give it top priority.

11 MS. RICHTEROVA: We understand and we appreciate it.

12 JUDGE AGIUS: Thank you. So -- yes. We'll go into closed session

13 now, please.

14 [Closed session]

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8 --- Whereupon the hearing adjourned

9 at 6.39 p.m., to be reconvened on Tuesday,

10 the 2nd day of July, 2002, at 2.15 p.m.