Tribunal Criminal Tribunal for the Former Yugoslavia

Page 18375

1 Friday, 27 June 2003

2 [Open session]

3 --- Upon commencing at 9.03 a.m.

4 [The accused entered court]

5 JUDGE AGIUS: Madam Chuqing, could you call the case, please.

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

7 IT-99-36-T, the Prosecutor versus Radoslav Brdjanin.

8 JUDGE AGIUS: Mr. Brdjanin, good morning to you. Can you follow

9 in a language that you can understand?

10 THE ACCUSED: [Interpretation] Good morning, Your Honours. Yes, I

11 can. Thank you.

12 JUDGE AGIUS: Okay. I thank you. Please take a chair.

13 Appearances, Prosecution.

14 MS. SUTHERLAND: Good morning, Your Honours. Ann Sutherland,

15 assisted by Denise Gustin, case manager for the Prosecution.

16 JUDGE AGIUS: Thank you, and good morning to you both.

17 Appearances for Radoslav Brdjanin.

18 MR. CUNNINGHAM: Good morning, Your Honours. David Cunningham

19 with Aleksandar Vujic.

20 JUDGE AGIUS: I thank you, and good morning to you both.

21 Do you have any preliminaries on your part? No.

22 Yesterday -- Ms. Sutherland, I know that you're probably going to

23 be caught -- taken unaware on this, but yesterday when Ms. Korner was here

24 and Mr. Ackerman was here, we discussed very briefly an oral motion that

25 Ms. Korner made or presented, to admit or to have admitted, under Rule 92

Page 18376

1 bis, statements by alleged rape victims in Kotor Varos. Mr. Ackerman did

2 respond yesterday, along the lines that, as far as the rape -- alleged

3 rapes themselves and sexual crimes themselves are alleged, he was

4 resorting to the previous practice, in other words, he would not raise any

5 objection. However, with regard to other details, particularly, for

6 example, the siege, later ethnic cleansing or whatever, then he reserved

7 his position and the indication was that he would not be in favour of

8 admitting those parts of the statements under Rule 92 bis.

9 Position as we left it yesterday was that I would go through the

10 statements, because I hadn't seen them as yet. I don't know if there

11 is -- if you want to update me, either of you. I know it's not something

12 that I discussed with you yesterday, but I don't know if you are in a

13 position to update me.

14 MS. SUTHERLAND: Your Honour, I have no further information on

15 that matter.

16 JUDGE AGIUS: Mr. Cunningham.

17 MR. CUNNINGHAM: Judge, I don't have any information either, but

18 I'll call Mr. Ackerman at the first break.

19 JUDGE AGIUS: If you can. The position, as I see it, is -- and

20 you also need to tell me -- you -- please sit down. You also need to tell

21 me where, in case they are admitted under Rule 92 bis, whether we need to

22 give them some protective measure. They -- I don't seem to have an

23 application for the granting of protective measures. Or do you refer to

24 them by BT number.

25 MS. SUTHERLAND: If my memory serves me correctly, they were

Page 18377

1 included in the motion that we filed for all the municipalities on the

2 26th of June, 2002, and they were granted --

3 JUDGE AGIUS: Pseudonym?

4 MS. SUTHERLAND: Pseudonym. Certainly pseudonym and image

5 distortion, if not closed session --

6 JUDGE AGIUS: I see. All right. Okay. Okay.

7 MS. SUTHERLAND: If they want to testify in that regard on the

8 10th of October.

9 JUDGE AGIUS: Because I didn't come across that. So that explains

10 why they already have a BT number. With regard to the first witness,

11 BT74, pages -- from the middle of page 1 to practically page 5. There are

12 events which -- page 6, actually. There are events that do not relate to

13 rape but relate to other events, other events anyway, but including

14 burning of some people in a barn and how the whole lot were then moved to

15 the sawmill. Then from page -- rape is only page -- practically part of

16 page 6, the whole of page 7 and part of page 8. And then the rest of page

17 8 is about ethnic cleansing. I think you need to direct me there,

18 particularly on the part of the Defence, because we need to take a

19 decision pretty soon.

20 MS. SUTHERLAND: Your Honour, perhaps if Mr. Ackerman can provide

21 the statements to the Prosecution with the parts that he wishes to be

22 redacted, then we can go from there.

23 JUDGE AGIUS: Yes. Supposedly I think that's how it was put

24 yesterday, or how it was suggested by Ms. Korner. So if that could be

25 done, Mr. Cunningham, over -- in the course of today, it would be

Page 18378

1 preferred, because then I can decide in the course of the day. If it

2 cannot be done today, please, Monday.

3 MR. CUNNINGHAM: I'll try to get it done today, Judge. I have a

4 sinking feeling it will probably be Monday. Both of those witnesses with

5 regard to the sexual assaults in Kotor Varos were going to be my

6 witnesses, so I'm the one that's more knowledgeable about the statements,

7 so --

8 JUDGE AGIUS: All right. Okay. But anyway, I'm raising the

9 matter.

10 The second statement is again not as perhaps controversial as the

11 first one, but you do have the first two and a half, three pages dealing

12 with other matters and not sexual crimes or gender-related crimes.

13 So next witness is closed session, if I remember well now.

14 MS. SUTHERLAND: Yes, Your Honour.

15 JUDGE AGIUS: So let's bring the curtains town. My apologies to

16 the members of the public. This is a very sensitive witness and we need

17 to hear the evidence in closed session.

18 Now, before the witness comes in, Mr. Cunningham, how long do you

19 think you need -- how much time do you need for your cross, things being

20 what they are now?

21 MR. CUNNINGHAM: My guess is an hour. I've talked to

22 Ms. Sutherland about that already this morning.

23 JUDGE AGIUS: All right. Okay. You have discussed it amongst

24 yourselves.

25 JUDGE AGIUS: That's how I want it to be done between now and the

Page 18379

1 end. Just try to organise yourselves and give and take and we can move

2 ahead. So you know where you stand. You need to allow the entire last

3 session for Mr. Cunningham, and maybe between 15 to 30 minutes of the

4 second. All right?

5 MS. SUTHERLAND: Yes, Your Honour.

6 JUDGE AGIUS: Thank you.

7 [Closed session]

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18 --- Whereupon the hearing adjourned at 1.54 p.m.,

19 to be reconvened on Monday, the 30th day of

20 June, 2003, at 9.00 a.m.