1 Monday, 15th June 1998
2 (The accused entered court)
3 (Open session)
4 (The witness entered court)
5 --- Upon commencing at 9.37 a.m.
6 JUDGE MUMBA: Good morning. Would the
7 registrar please call the case?
8 THE REGISTRAR: Case number IT-95-17/1-T, the
9 Prosecutor of the Tribunal versus Anto Furundzija.
10 JUDGE MUMBA: Mr. Furundzija, can you hear me
11 in a language you understand?
12 THE ACCUSED: Yes, Your Honour.
13 JUDGE MUMBA: Appearances?
14 MR. BLAXILL: For the Prosecution, the
15 appearances remain as the same, Your Honour.
16 JUDGE MUMBA: Defence?
17 MR. MISETIC: Good morning, Your Honours.
18 For the Defence, the appearances are the same.
19 JUDGE MUMBA: Thank you. The witness can
20 make a solemn declaration.
21 MR. BLAXILL: May I interpose for one second,
22 Ma'am? Consequent upon the order of this Chamber of
23 late Friday, the Office of the Prosecutor has filed a
24 formal request, a confidential motion, in the registry
25 this morning. There has been no time, clearly, for
1 that to be processed and therefore be placed in your
2 hands to make you aware of it, but as a courtesy, we
3 have prepared copies of that which we would formally
4 submit to the registry, to your good selves, Your
5 Honours, and to the Defence, so that you be aware of
6 the motion at its earliest opportunity. As I say, this
7 has already formally been delivered to the registry for
8 filing.
9 JUDGE MUMBA: Thank you. Can we go ahead
10 with the solemn declaration for the witness, please.
11 THE WITNESS: I solemnly declare that I shall
12 speak the truth, the whole truth, and nothing but the
13 truth.
14 JUDGE MUMBA: Thank you. The witness may be
15 seated. Yes, the Prosecution?
16 MR. BLAXILL: Madam President, Your Honours,
17 good morning. Learned counsel, good morning.
18 WITNESS: SULEJMAN KAVAZOVIC
19 Examined by Mr. Blaxill:
20 Q. Mr. Kavazovic, good morning to you. Would
21 you please give this court your full name?
22 A. My name is Kavazovic, Sulejman. I was born
23 on the 15th July, '69.
24 Q. And whereabouts were you born?
25 A. I was born in the village of Vrhovine, the
1 municipality of Vitez.
2 Q. Would you briefly describe what education you
3 have?
4 A. I graduated from the high school for traffic
5 police.
6 Q. What did you do after your graduation?
7 A. I went to the army next where I served in
8 Croatia for a year, and after that, when I came back, I
9 took up active service in the former JNA, Yugoslav
10 People's Army.
11 Q. Whereabouts did you take up that service?
12 A. In Vozdovac, in the municipality of Vozdovac
13 in Belgrade.
14 Q. How long did you remain in Belgrade?
15 A. I remained there up to the 16th of January,
16 1992.
17 Q. Where did you go in January 1992?
18 A. In January '92, I left Belgrade and went back
19 home to Vitez, the village of Vrhovine.
20 Q. What did you do when you arrived back in
21 Vitez?
22 A. When I came back to Vitez, for about a month
23 or so, I stayed at home resting, and then I reported to
24 the headquarters of the Territorial Defence.
25 Q. At that time, were both Muslims and Croat
1 persons serving in the Territorial Defence?
2 A. Yes. It was a joint headquarters for
3 Muslims, Serbs, and Croats altogether.
4 Q. Can you name some of the persons with whom
5 you served at that time?
6 A. I can try. First of all, Anto Furundzija,
7 Males Vlatko, Novok (phoen) Kantun, Dragan Calic.
8 There were more people whom I can't name right now.
9 Q. Referring to the man you have referred to as
10 Anto Furundzija, did you work closely together in the
11 TO?
12 A. Yes, we served together in the headquarters
13 of the Territorial Defence, Vitez.
14 Q. For how long did you serve together?
15 A. For about six or seven months.
16 Q. What happened at the end of those six or
17 seven months?
18 A. From Territorial Defence, Anto Furundzija
19 went on to the HVO.
20 Q. About when was this?
21 A. I think it was September of '92.
22 Q. Mr. Kavazovic, I'm going to ask you to take a
23 calm, quiet look around this room, and if you should
24 see anyone who is the Anto Furundzija to whom you're
25 referring, would you point to that person and describe
1 what he's wearing today?
2 A. Yes, I can do that. That is Mr. Anto
3 Furundzija. He is dressed in a black suit, white
4 shirt, and a tie.
5 MR. BLAXILL: May the record please show
6 identification of the accused, Your Honours?
7 JUDGE MUMBA: Yes, the accused is identified.
8 MR. BLAXILL: Much obliged.
9 Q. Mr. Kavazovic, I would like to move forward,
10 if you please, to September of 1992. Did anything
11 particular happen to you at that time?
12 A. In September '92, I was brought -- detained
13 by the HVO in the Vitez Hotel for interrogation.
14 Q. How long did that last?
15 A. For about four hours or so. I was dressed
16 in mufti, I was not in uniform. I was detained by the
17 military of the HVO, and I was interrogated by Vlado
18 Santic.
19 Q. Did something else occur to you in October of
20 1992?
21 A. Yes. In October '92, I was captured by the
22 HVO and I spent four days in gaol, and I was then again
23 interrogated by Vlado Santic.
24 Q. Were you in civilian or military clothing at
25 the time of that arrest?
1 A. I was then in military uniform.
2 Q. Can I now take you forward to April of 1993.
3 Where were you on or about the 15th of April, 1993?
4 A. I was in the old parts of the city of Vitez.
5 That's where I was working at the time, the command of
6 the headquarters of the HVO -- sorry, of the
7 Territorial Defence.
8 Q. What happened on that day?
9 A. On that day, about 1.00 p.m., I was summoned
10 to the celebration of the 15th of April, which was the
11 day of the establishment of Territorial Defence. That
12 was the anniversary of the Territorial Defence. I had
13 to decline because I had other duties.
14 In the old parts of the city of Vitez, the
15 celebration took place, and it was attended by
16 Commanders Pero Skopljak and Anto Bertovic, commanders
17 of the HVO. I took off my uniform because I couldn't
18 wear it going through the city, I dressed in civilian
19 clothes, and I went close to the headquarters of the
20 HVO where I lived. While going through the old parts
21 of the city, I came to my apartment. My wife wasn't
22 there, I supposed she was with my in-laws, and I went
23 there to find her.
24 The situation in the city wasn't exactly
25 normal. Movement was forbidden to both civilians and
1 uniformed persons. The city was empty and there was a
2 lot of soldiers.
3 Q. You say you were at the apartment, and what
4 then happened on the following day?
5 A. On the next day, about 5.10, 5.15, there was
6 big explosion, and before the explosion, on the 15th in
7 the evening, the city was blocked. There was no
8 movement. Movement was forbidden and exit from the
9 city was forbidden. So I was forced to stay with my
10 in-laws. That night I stayed with them, but the next
11 morning, about 5.00 a.m., 5.15, there was a big
12 explosion with great explosive power and then shooting
13 began.
14 Q. So what did you do at that time?
15 A. I got up, we all got up, my in-laws, my wife,
16 we all got up, and then we looked through the window.
17 We saw that there was a lot of soldiers of the HVO
18 wearing uniforms in full combat equipment, that they
19 were running towards the part of the city controlled by
20 the Territorial Defence.
21 I tried to get out then, but a colleague of
22 mine who lived there, a Croat by nationality, told me
23 that I had nowhere to go because war had already
24 started. So I was forced to go back to my in-laws'
25 apartment. I went back from the corridor and I stayed
1 there for three days, until the time when I was taken
2 away to the SDK camp.
3 Q. Yes. Would you state, please, what precisely
4 was the SDK camp?
5 A. The SDK camp was the collection point, the
6 collection camp for the young men, for Muslim males
7 aged between 9 and 63. There were two rooms, and the
8 conditions were very bad. There were about 64 of us
9 there in those two rooms.
10 We were detained there. There were some
11 military policemen who guarded us. We were not allowed
12 to move around. After that, men, that is to say the
13 HVO police, came and took people in military vans to
14 dig where necessary.
15 Q. So what, in fact, happened to you?
16 A. I spent two days in the SDK, and then the
17 third day, the HVO police came. The driver was a man
18 by the name of Madjar, I don't know who issued orders
19 for that, but myself and six other men were taken to
20 the river to dig trenches and ditches for the Croatian
21 Defence Council.
22 Q. Can you name the location where you did that
23 digging?
24 A. We dug at the river, at the Spilja locality.
25 That's the demarcation line between the Territorial
1 Defence and the Croatian Defence Council. The
2 conditions there were very bad because there was
3 shooting; and they forced us to dig.
4 Q. How long did you carry out this digging at
5 that place?
6 A. I was there for about an hour and a half, and
7 then the same van that had brought us there took us to
8 the Bungalow in Nadioci.
9 Q. Did you know what the Bungalow was at that
10 time?
11 A. I knew that before the war it was a
12 restaurant next to the place where people used to swim,
13 but I did not know what was in the Bungalow during the
14 war.
15 Q. So who or what did you observe when you
16 arrived at the Bungalow?
17 A. That same van and the same police officers
18 brought us to the Bungalow, they ordered us to get out
19 of the van, we did so, and they told us to get on the
20 terrace of the bungalow, which we did. Then they
21 ordered us to line up. We lined up. And then Vlado
22 Santic came out. He was the commander of a part, I
23 don't know which part, but I know that he was a
24 commander. He told us to line up, and we did so, and I
25 saw five members of the Joker military unit, they had
1 Joker patches, they wore black uniforms with fingerless
2 leather gloves, and they had bands on their heads and
3 some of them had peculiar haircuts.
4 We stood there and Mr. Vlado Santic got out.
5 He looked at us, he counted us, and he ordered five men
6 to take us to Kratine.
7 Q. Whereabouts is Kratine in relation to Vitez
8 -- or Nadioci, I'm sorry?
9 A. Well, Kratine is maybe 3.5 or 4 kilometres up
10 from the Bungalow. That's the demarcation line between
11 the HVO and the TO.
12 Q. So was there any fighting at that location
13 between those forces?
14 A. Yes, there was combat from time to time. We
15 were up there and that's where we did some digging, and
16 while I was there, there was shooting from both sides,
17 and we were exposed to very strong fire because we were
18 forced to dig those trenches.
19 Q. Now, when you actually arrived there, did you
20 see anybody that you recognised?
21 A. When we arrived there, in front of an old
22 house, there were some soldiers who got out of that
23 house, Mladen Bralo, nicknamed Cicko, and Anto
24 Furundzija got out of the house. Mladen Bralo ordered
25 us to line up once again, which we did, and he ordered
1 us to go into that house one by one to be questioned.
2 I was questioned by a person with two bands on his
3 head, his name was Ivica Vujica. He was a commander in
4 the Jokers. The other men were questioned by other
5 people; I don't know who it was.
6 At any rate, we were questioned why we were
7 there, why we arrived, why we didn't flee, why we were
8 in the Territorial Defence. So they asked for some
9 information that they deemed important. I don't know.
10 Q. After that, what did you do?
11 A. After that, we left the house. When a person
12 was finished, then we left the house, and Mladen Bralo
13 lined us up and forced us to cross ourselves one by
14 one. However, not all of us knew how to do that, how
15 to cross ourselves, and Mirsad Ahmic knew how to do it
16 properly. So Cicko asked, "Who knows how to cross
17 himself?" And he said, "I know." And he said, "Get
18 out of the line and show everybody how to cross
19 themselves." He showed us, and we all had to do it.
20 And we had to shout as we crossed ourselves.
21 Jasmin Cengalovic, one of us, he couldn't do
22 it properly, probably because he was afraid, and Mladen
23 Bralo took an ax and placed it next to his forehead and
24 told him, "If you don't cross yourself properly, I'm
25 going to break up your head." Fortunately, Jasmin
1 Cengalovic, a Romany, he managed to cross himself
2 properly so that he didn't split his head open.
3 Q. Do you know where Mr. Furundzija was at this
4 time?
5 A. I don't know. He was probably somewhere
6 around.
7 Q. But you didn't see him at that time?
8 A. No.
9 Q. How long did you remain in the hands of those
10 Jokers at the lines at Kratine?
11 A. I remained there for about eight days, up
12 until the time when I was brought to Busovaca for
13 medical treatment; and then after the first station,
14 the emergency room in Busovaca, I was taken to Konjic,
15 to Selista, where I was detained in some kind of
16 military warehouses, also by the HVO.
17 Q. Was there a time at which you were then
18 released by the HVO authorities?
19 A. Yes. When I came from Selista, I was
20 transferred to the SDK in Vitez, and then on the third
21 day, or around the 5th of May, I was sent to be
22 exchanged.
23 Q. After your exchange, what did you do?
24 A. When I was exchanged, the condition for my
25 exchange was that I was forced to sign a document in
1 Vitez in which I renounced my right to live in Vitez
2 and in which I stated that I wanted to go and live in
3 Zenica, the area controlled by the TO. I had to sign
4 this paper although I wanted to live in Vitez, but for
5 security reasons, I could not live in Vitez anymore.
6 They gave us a piece of paper, and we had to sign that
7 we didn't want to live in Vitez anymore. They provided
8 buses through the Red Cross and we then took those
9 buses to Zenica.
10 I went to Zenica and I underwent medical
11 treatment for about 20 days, because I had some mental
12 problems, and then I went back to the units of the BiH
13 army. I reported to duty.
14 Q. Did you continue serving in the BiH army?
15 A. Yes, I continued to serve and, in fact, until
16 this day, I'm in the units of the BiH army.
17 Q. Was there further fighting between the HVO
18 and the BiH army after that date, after May '93?
19 A. Yes --
20 MR. MISETIC: Sorry, objection. I would like
21 to get a specific date since it is important what date
22 we're talking about. He just said May.
23 JUDGE MUMBA: Yes.
24 MR. MISETIC: Thank you.
25 JUDGE MUMBA: If the witness can remember the
1 dates, please.
2 MR. BLAXILL:
3 Q. Yes, if you can remember, Mr. Kavazovic, let
4 us say -- what was the date that you rejoined the unit
5 of the BiH army?
6 A. I rejoined the BiH army on the 22nd of May,
7 1993.
8 Q. Was there any fighting between the two armies
9 after that date?
10 A. Yes, there was fighting. I was wounded on
11 the 25th of May by a shell that was fired by the HVO.
12 I was wounded on the sidewalk in front of an old house.
13 Q. As a serving officer in the BiH army, when did
14 you receive, if you received any, when did you receive
15 notification of a cessation of hostilities?
16 A. The notification of the cessation of
17 hostilities between the two sides, the BiH army and the
18 HVO, I received in January 1995. I don't recall the
19 exact date, but I do remember that an order came from
20 SFOR or UNPROFOR, that no force should be used from
21 that time on. There was to be no shooting. There was
22 a demarcation line set up between the units.
23 Q. Mr. Kavazovic, I'm going to ask you to look
24 at a map.
25 Could the usher please assist? Your Honours,
1 these are actually original documents from the
2 evidential archive. I hesitate to tender them because
3 I don't believe we should place them in the court
4 records. They tend to be needed in more than one case,
5 I believe. What I can assure is that there will be
6 black and white copies available. In fact, they were
7 served with the statement of Mr. Kavazovic so should be
8 in the possession of everybody at this point in time,
9 Madam President.
10 However, since colour was used on the
11 original, I have presented the original to him. If it
12 would assist the court, I would ask that these could be
13 returned to the Prosecution, but I do have coloured
14 versions from the original archive which I can produce
15 to Your Honours and to the Defence.
16 JUDGE MUMBA: Anything from the Defence?
17 MR. MISETIC: Your Honours, our objection,
18 for the record, is relevance. I believe he's going to
19 be talking about after May 22nd, and we would object as
20 to the relevance of what happened after May 22nd.
21 MR. BLAXILL: The relevance of the map is
22 simply in reference to the existence and the
23 demarcation lines essentially between the forces which
24 the Prosecution suggests is relevant as proving the
25 ongoing armed conflict subsequent to the date of the
1 alleged crimes in this case.
2 JUDGE MUMBA: Mr. Misetic?
3 MR. MISETIC: But these are lines that were
4 established after May 22nd and, therefore, we would
5 object as to relevance.
6 MR. BLAXILL: Again, it's existence of the
7 conflict, not its location specifically.
8 JUDGE MUMBA: You have accepted the
9 explanation? You have accepted the explanation, the
10 relevance is just --
11 MR. MISETIC: Yes, that's fine.
12 JUDGE MUMBA: Okay. Yes.
13 MR. BLAXILL:
14 Q. Mr. Kavazovic, would you please look at the
15 map in front of you? Is that, in fact, a map produced
16 by yourself? I don't mean the map but the markings
17 upon it.
18 A. Yes, this is a map that I marked and I also
19 signed it.
20 Q. And as to that map, what are the markings in
21 red to show?
22 A. The red markings are the lines of the
23 Croatian Defence Council in the municipality of Vitez.
24 Q. The markings in green, what are they?
25 A. The markings in green show the areas
1 controlled by the BiH army.
2 Q. And there were some small areas marked in
3 black with circles; what do they represent?
4 A. The smaller circles represent the areas where
5 I dug the trenches, where we, as captives, had to make
6 fortifications when I was detained by the Croatian
7 Defence Council.
8 Q. So the lines you have drawn, to what period
9 in time do they refer? When were those lines --
10 A. This is the period when I was detained in
11 camps and when I dug trenches at the HVO lines, so
12 we're talking about the period April and May.
13 Q. Of which year?
14 A. 1993.
15 MR. BLAXILL: Thank you very much. I would
16 offer to move that into evidence as Prosecution
17 Exhibit, the number escapes my memory.
18 THE REGISTRAR: Prosecution Exhibit number 4.
19 JUDGE MUMBA: Any objection?
20 MR. MISETIC: No objection, Your Honour.
21 MR. BLAXILL: I have no further questions for
22 this witness. Thank you, Madam President.
23 JUDGE MUMBA: Cross-examination,
24 Mr. Misetic?
25 MR. MISETIC: Good morning, Your Honours.
1 Cross-examined by Mr. Misetic:
2 Q. Good morning, sir. You said you were taken
3 to dig trenches; isn't that right? Could you give us a
4 date on that?
5 A. Yes.
6 Q. What date were you taken to dig trenches?
7 A. On the 22nd of April, that's when I was taken
8 to dig trenches.
9 Q. How long were you forced to dig trenches?
10 A. I dug trenches for about six days,
11 approximately. I don't know exactly because I did not
12 count the days, but I dug them up until the 28th or
13 29th when I was taken to the first aid station in
14 Busovaca.
15 Q. Sir, on your direct testimony, you identified
16 Ivica Vujica as a commander of the Jokers; isn't that
17 right?
18 A. Yes, that's right.
19 Q. You identified Vlado Santic as a commander?
20 A. Yes.
21 Q. And you identified him as commander in the
22 Bungalow; correct?
23 A. Yes.
24 MR. MISETIC: Your Honours, I would like to
25 have this chart put on the monitor for the witness,
1 please. Your Honours, I don't know whether I should
2 put it in his language on the screen or -- why don't we
3 go ahead and put it in the Bosnian and then the Judges
4 will have a chance to look at the English.
5 JUDGE MUMBA: Do we have copies?
6 MR. MISETIC: Yes, it is attached as an
7 exhibit to his January 26th, 1997 statement.
8 Q. Sir, let me ask you first, on the bottom
9 right-hand corner, that's your signature, isn't it?
10 A. Yes, it is.
11 Q. You were asked at some point last year by
12 someone from the Office of the Prosecutor to draw out a
13 diagram of the command structure; isn't that right?
14 A. Yes.
15 Q. I call your attention to the left-hand side
16 of that diagram. You have written in there in the
17 first box towards the middle of the page, it says
18 "Jokeri"; isn't that right?
19 A. Yes, that's what is written there.
20 Q. On the next line beneath that, it then says:
21 "Commanders of the specific units"; is that right?
22 A. Yes.
23 Q. Now, underneath the Jokers, you've drawn a
24 line and you've identified three commanders; isn't that
25 right?
1 A. Yes.
2 Q. So in addition to Ivica Vujica, who you have
3 just said was a commander of the Jokers, you identify
4 Anto Furundzija, Bralo Mladen Cicko and Vlado Santic as
5 commanders; isn't that right?
6 A. Yes.
7 MR. BLAXILL: May I ask the relevance of this
8 particular line of questioning, Your Honours, in terms
9 that this is not a case that he represents command
10 responsibility in any way. So I'm finding it just a
11 little curious.
12 JUDGE MUMBA: Yes.
13 JUDGE MAY: Well, Mr. Blaxill, it's part of
14 the general picture and whatever else. However
15 technically relevant it is, I think we would want to
16 hear it.
17 MR. BLAXILL: Thank you, Your Honour.
18 JUDGE MUMBA: Mr. Misetic, you may continue.
19 MR. MISETIC: Yes.
20 Q. Sir, you gave a statement on January 26th,
21 1997, and I'm going to read a part of that and ask you
22 to confirm the truth of that statement. On page 9 of
23 that statement, it says: "I've been shown a list of
24 alleged perpetrators" --
25 THE INTERPRETER: Please slow down.
1 MR. MISETIC: I will slow down. Sorry.
2 Q. "I have been shown a list of alleged
3 perpetrators from which I recognised the following
4 names: Bralo Miroslav Cicko, who was the commander of
5 the Jokeri unit." That's the statement you made
6 January 26th, 1997; isn't that right?
7 A. Yes, I made a statement.
8 Q. That was based on your experience with
9 Mr. Bralo?
10 A. Yes.
11 MR. MISETIC: We have nothing further for
12 this witness, Your Honours.
13 JUDGE MUMBA: Any re-examination?
14 MR. MISETIC: I'm sorry. Yes, I would like
15 to move the chart into evidence.
16 JUDGE MUMBA: Any objection?
17 MR. BLAXILL: None, Your Honour, no.
18 MR. MISETIC: Thank you.
19 JUDGE MUMBA: Can I have the number?
20 THE REGISTRAR: Defence Exhibit number 14 and
21 the English version is Exhibit number 14A.
22 Re-examined by Mr. Blaxill:
23 Q. Mr. Kavazovic, referring to that chart, you
24 stated that both Bralo and Furundzija were commanders
25 in respect of the Jokers. What level of commander did
1 you think they were?
2 A. To tell you the truth, I don't know for
3 certain that they were commanders. There are big units
4 in the army and I don't know whether they were
5 commanders and at what level. I was at a camp in
6 Kratine where I dug, but all the commands came from
7 Bralo and Mladen. No one who had not the competence
8 could not have issued such commands. And they were
9 wearing patches naming them as Jokers, so he must have
10 been some sort of commander to issue commands.
11 Q. So clearly you say at Kratine he appeared to
12 exercise some authority, Bralo, yes?
13 A. Yes, that was so. He was commander of the
14 part of Kratine where he issued orders as to who should
15 do what, where to dig. And so he must have been some
16 sort of commander, because a simple soldier cannot
17 order an officer.
18 Q. But would you -- do you have any knowledge as
19 to whether Mr. Furundzija had authority in other areas
20 of the Jokers, not at Kratine?
21 A. Actually, he did. He was commander of the
22 civilian police called Lightning. I know for certain
23 that he was a commander. He knows for certain which
24 part he commanded over. It was a unit for special
25 purposes. I don't know which special purposes, but he
1 was wearing their uniform, the uniform of Lightning,
2 and that was a special purpose unit. I know that.
3 Q. When was this?
4 A. I don't know exactly where. It was somewhere
5 in Mahala. He stopped there in a vehicle. He had
6 the --
7 Q. Pardon my interruption. I said, when was
8 this?
9 A. It was in 1996, I think.
10 MR. BLAXILL: I have no further questions.
11 Thank you, Your Honours.
12 JUDGE MUMBA: Any questions? Any objection
13 to the witness being released?
14 MR. BLAXILL: None from the Prosecution, Your
15 Honours.
16 MR. MISETIC: None from the Defence, Your
17 Honours.
18 JUDGE MUMBA: Thank you very much, Witness,
19 for giving evidence here in The Hague. You are now
20 released. You may go.
21 THE WITNESS: Thank you, Your Honour.
22 Goodbye.
23 (The witness withdrew)
24 JUDGE MUMBA: Yes, any more witnesses?
25 MR. BLAXILL: Might I just have one moment,
1 please, Your Honour?
2 Your Honours, the Prosecution does not have
3 any more witnesses to call in its case in chief.
4 Clearly, that matter of rebuttal is yet to come and be
5 considered.
6 However, we would not formally wish to close
7 the case at this stage in terms that we do have the
8 motion pending before the court, and how we address
9 the results of that particular motion may either
10 require us to ask that formally the case, as it were,
11 remain open or, alternatively, that we would have the
12 right reserved on record to reopen the case in chief if
13 addressing back to those issues would require, perhaps,
14 some further evidence.
15 That is our position, Your Honours, but, as I
16 say, there are no further witnesses for the Prosecution
17 today or, indeed, as we are aware, to follow.
18 MR. MISETIC: Your Honours?
19 JUDGE MUMBA: Yes?
20 MR. MISETIC: We would object to that.
21 Regardless of the pending motion, we've known now since
22 Monday who the witnesses were going to be. We made
23 accommodations. Mr. Kavazovic was scheduled to testify
24 today. He testified as to anything and everything the
25 Prosecution wanted him to testify to. There's no point
1 now to allow them to keep their case open. Prior to
2 Friday, they had no intention of calling anyone else.
3 And I don't see the reason for why a pending motion
4 would require the continued opening of the case.
5 Furthermore, we have, I believe, a witness
6 ready to go, and it would be improper for the Defence
7 to begin its case in chief if the Prosecution hasn't
8 rested yet.
9 MR. BLAXILL: Your Honours, I think you are
10 at a disadvantage until you have the opportunity to
11 read the motion. I do have copies of it. Maybe a
12 short recess would be advisable and you can, at least,
13 consider that.
14 JUDGE MUMBA: Before the Chamber can make a
15 decision on the matters in issue, the Chamber will rise
16 for 25 minutes.
17 --- Recess taken at 10.20 a.m.
18 --- On resuming at 11.10 a.m.
19 JUDGE MUMBA: The Trial Chamber has
20 considered the motion, the confidential motion by the
21 Prosecution, in that they are seeking clarification of
22 our decision rendered on 12th June regarding the
23 evidence of Witness A.
24 In clarifying our motion, the Trial Chamber
25 says that we have ruled as inadmissible all evidence
1 relating to rape and sexual assault upon Witness A by
2 Bralo Miroslav, also known as Cicko, in the presence of
3 the accused in the large room apart from the evidence
4 of sexual assault alleged in paragraph 25.
5 Regarding paragraph 26, all the evidence
6 relating to paragraph 26 is admissible.
7 So it is only that evidence of Witness A
8 relating to the rape and sexual assault in the first
9 room in the presence of the accused. The other
10 evidence of sexual assault is admissible.
11 MS. SELLERS: Excuse me, Your Honour, might I
12 be heard for a minute?
13 JUDGE MUMBA: Yes.
14 MS. SELLERS: Just for a bit of clarification
15 on your clarification. I understand what you are
16 saying in terms of what I imagine are the forceful
17 sexual penetrations, but you're saying "and sexual
18 assault." Therefore, I am unclear at this point as to
19 what you are referring to as the other -- I would just
20 like to say, I know that we're in open session now and
21 this is a confidential motion discussing evidence that
22 was given in confidence. I don't know whether we
23 should go in closed session during this period of
24 clarification, more specifically, and I would ask that
25 we clarify to what are you referring in terms of the
1 sexual assaults that are not related to the forceful
2 sexual penetration?
3 JUDGE MUMBA: I understand from the registrar
4 that we can go on in private session so that it is not
5 going to be relayed publicly.
6 What specifications are you asking for?
7 MS. SELLERS: Yes, Your Honour. I believe
8 you stated that rapes that took place in -- I'm sorry.
9 (Closed session)
10 JUDGE MUMBA: It is okay now.
11 MS. SELLERS: I may proceed?
12 JUDGE MUMBA: Yes.
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16 (Open session)
17 JUDGE MUMBA: We are now in open session.
18 Yes?
19 MR. BLAXILL: One small dilemma in that
20 respect, Your Honours, but perhaps there is a way we
21 can resolve it. It is quite simply this, that within
22 that motion, we made reference to perhaps the remedy of
23 interlocutory appeal, if that were deemed to be an
24 appropriate course. Accordingly, rather than -- as I
25 say, if we close our case, I would like to preserve for
1 the record that we may remain to have our right to
2 present such a course of action if that is
3 appropriate. Otherwise, in terms of the evidence,
4 indeed we would be closing our case. But I do wish to
5 preserve the position as regards anything that may flow
6 from this specific motion and only in respect of that
7 motion.
8 JUDGE MUMBA: Yes. You are entitled to do
9 that.
10 MR. BLAXILL: I am obliged for your noting
11 that on the record, Madam President.
12 JUDGE MUMBA: And you are aware of the days
13 within which you can appeal?
14 MR. BLAXILL: Indeed so. So on that basis,
15 the Prosecution will rest at this time.
16 JUDGE MUMBA: So you are closing your case
17 formally?
18 MR. BLAXILL: I just have. Yes, indeed,
19 Ma'am.
20 JUDGE MUMBA: Yes, the Defence?
21 MR. MISETIC: Yes. Can we go into closed
22 session again?
23 JUDGE MUMBA: Closed session, please.
24 MR. MISETIC: Thank you.
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17 --- Whereupon proceedings adjourned at
18 3.34 p.m., to the reconvened on
19 Monday, the 22nd day of June, 1998,
20 at 8.30 a.m.
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