Tribunal Criminal Tribunal for the Former Yugoslavia

Page 74

1 Friday, 24 January 2003

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 3.00 p.m.

6 JUDGE EL MAHDI: [Interpretation] Good day to everyone.

7 Madam Registrar, would you be so kind as to read out the case

8 number, please.

9 THE REGISTRAR: Case number IT-00-41-PT, the Prosecutor versus

10 Pasko Ljubicic.

11 JUDGE EL MAHDI: [Interpretation] Thank you, Madam Registrar.

12 I'd like to invite the parties to introduce themselves for the

13 sake of the transcript, please. I'd like to start with the Prosecution.

14 MR. HARMON: Good afternoon, Your Honour. My name is Mark

15 Harmon. Appearing with me to my right is Mr. Fergal Gaynor, and to my

16 left, the case manager Ms. Kamala Janakiram.

17 JUDGE EL MAHDI: [Interpretation] And the Defence, please.

18 MR. JONJIC: [Interpretation] [Interpretation] Good day, Your

19 Honour. My name is Tomislav Jonjic, and I'm Pasko Ljubicic's attorney.

20 JUDGE EL MAHDI: [Interpretation] Thank you, sir.

21 Before commencing with this hearing, I would like to address

22 Mr. Ljubicic. We discovered, and we're quite affected by this, about an

23 event that has struck your family, and the Trial Chamber is very much

24 aware of your situation, but unfortunately, there was nothing we could do

25 because we were aware of your request to go home, we were informed of this

Page 75

1 request to go home to be with your family on this occasion, and the Trial

2 Chamber would have liked to grant your request, but unfortunately, it was

3 too late. We received this request on the day that you were supposed to

4 be at home. I would have been happy if -- I would like to wish you all

5 the best, and I hope that you will manage to get through this event.

6 Unfortunately, this is something that all humans experience.

7 I'd like to express my condolences, and I hope that this is going

8 to be the last painful event for you.

9 Please sit down. Thank you, sir.

10 I would like to remind you of the order dated the 3rd of December

11 and the 17th of January, 2003. Pursuant to these two orders, I'd like to

12 state that this hearing today has been called. It's a Status Conference,

13 and it's been called pursuant to Rule 65 bis of the Rules in order to

14 discuss the preparation of the trial.

15 I have been informed of the amended request submitted by the

16 Defence about the documents -- with regard to the documents that it would

17 like the Chamber to order, for them to be provided. It is a request for

18 the Chamber to issue an order for the provision of these documents, and I

19 want to thank Mr. Jonjic for the efforts he has made in that he has been

20 willing to specify the documents that are necessary, and I'm referring to

21 point 7 of the request for clarifications that he submitted on the 24th of

22 January, 2003, and I will ensure that a response is provided as soon as

23 possible, a response to this request.

24 I believe that you are all familiar with the most recent decision

25 rendered by the Trial Chamber concerning judicial notice. Are you

Page 76

1 familiar with the decision rendered by the Trial Chamber, Mr. Harmon?

2 MR. HARMON: Yes. I received it this afternoon, and I've read

3 it. Thank you.

4 JUDGE EL MAHDI: [Interpretation] Mr. Jonjic, have you received the

5 decision rendered by the Chamber?

6 MR. JONJIC: [Interpretation] Your Honour, yes. I received the

7 Trial Chamber's decision a few minutes before the beginning of this

8 hearing. I have familiarised myself with it, and I spoke to Mr. Harmon

9 about it briefly, and after this Status Conference, I shall examine the

10 facts that the Trial Chamber has accepted to accept as adjudicated facts.

11 Thank you.

12 JUDGE EL MAHDI: [Interpretation] Thank you, but so that everything

13 is clear, and if I'm mistaken, please correct me. If I have understood

14 you correctly, the sides were agreed during the meeting presided by our

15 dear colleague the league officer, Mr. Harhoff, on the 30th of November.

16 I would like to remind you that the Defence does not contest

17 certain facts which appear in the indictment. And if I'm mistaken, please

18 put me right.

19 This concerns, first of all, paragraph 1 of the indictment.

20 MR. JONJIC: [Interpretation] That's correct, Your Honour. The

21 Defence does not contest the first count in the indictment.

22 MR. HARMON: Your Honour, the English translation of that was that

23 the Defence does not contest the first count of the indictment. I think

24 the proper translation may have been and I think it's Mr. Jonjic's

25 intention the first paragraph numbered 1 and not the first count.

Page 77

1 JUDGE EL MAHDI: [Interpretation] Yes. We're speaking about

2 paragraphs. Isn't that correct? The first one. The first paragraph. If

3 there's any confusion, I'll read out the entire paragraph, by I think that

4 you agree. Isn't that correct?

5 Yes? Yes, Mr. Jonjic?

6 MR. JONJIC: [Interpretation] That's correct, Your Honour.

7 Mr. Harmon is correct. The Defence does not contest the first paragraph

8 in the indictment. Thank you.

9 JUDGE EL MAHDI: [Interpretation] Exactly. That's what I said. So

10 it is not necessary for me to read out the entire paragraph.

11 So I think you have also reached agreement with regard to

12 paragraph 2. Paragraph 3, up to the end of the sentence "The date when

13 Vlado Santic replaced him provisionally." That means that the remainder

14 of the paragraph is contested.

15 You agree, Mr. Jonjic? It's for the sake of the transcript.

16 MR. JONJIC: [Interpretation] Yes, that's correct, Your Honour.

17 JUDGE EL MAHDI: [Interpretation] Thank you. The first sentence in

18 paragraph 4, the remainder of the paragraph is thus contested.

19 MR. JONJIC: [Interpretation] That's correct, Your Honour.

20 JUDGE EL MAHDI: [Interpretation] Thank you very much. Paragraph 5

21 similarly. You agree?

22 MR. JONJIC: [Interpretation] That's correct.

23 JUDGE EL MAHDI: [Interpretation] And 7 as well? Thank you.

24 Perhaps it would be premature to ask for your opinions with regard

25 to judicial notice. I think you have the possibility of studying the

Page 78

1 decision, examining the decision, and of contacting Mr. Harhoff, our dear

2 colleague. I'm saying this because I believe that it is necessary, within

3 the context of rendering justice, it is necessary that the case advance,

4 and it is for this reason that I would suggest a timetable for the

5 continuation of the case.

6 If you don't have any questions to raise, we can address the issue

7 of the witness list, et cetera. Does any of the parties have any issues

8 to raise about this phase?

9 Yes, Mr. Harmon. I can see that you are taking the floor. Please

10 go ahead.

11 MR. HARMON: Yes. Your Honour, I don't know if Your Honour

12 intended to conclude with all of the portions of the indictment that are

13 not contested and that have been agreed upon by the Defence, but I note

14 from my records from the meeting that took place on the 13th of November,

15 the 65 ter conference, that paragraph 14 and 15 -- paragraphs 14 and 15 in

16 their entirety were not contested as well.

17 JUDGE EL MAHDI: [Interpretation] Yes, Mr. Jonjic. Have you heard

18 what the Prosecutor said? What is your response?

19 MR. JONJIC: [Interpretation] Yes, Your Honour. It's correct that

20 the entire paragraphs 14 and 15 are not contested by the Defence. Thank

21 you.

22 JUDGE EL MAHDI: [Interpretation] So paragraphs 14 and 15 are not

23 contested. This has been confirmed by our dear friend Mr. Harhoff.

24 Would one of the parties like to raise an issue, a problem of any

25 kind at this moment?

Page 79












12 Blank page inserted to ensure pagination corresponds between the French and

13 English transcripts.













Page 80

1 I would like to ask Mr. Harmon to advance a bit. How much time

2 would you need to establish a witness list within the scope of Rule 65

3 ter?

4 MR. HARMON: I have had an opportunity to consult with the

5 investigators in this case, Your Honour. We have identified a number of

6 witnesses, both witnesses from previous trials, and we're in progress of

7 confirming their availability. We've made substantial progress in that

8 regard. We have identified new witnesses. We are conducting interviews

9 of those witnesses. We recently completed a mission that has identified a

10 number of those witnesses. We're preparing their statements, and we will

11 be disclosing those to the Defence shortly. We have identified additional

12 witnesses who we have been unable to contact, and we are making efforts to

13 contact them.

14 My most conservative estimate, to answer your question directly,

15 would be that we would be in a position to identify most, if not all, of

16 those witnesses by the 28th of March of this year.

17 JUDGE EL MAHDI: [Interpretation] Before giving the Defence the

18 opportunity to respond, I would like to inform you of some of my

19 concerns. It seems to me that you have made a list. You have already

20 done so. If it is necessary to call additional witnesses, well, that

21 doesn't change the fact that you have made a list. And if I have

22 understood you correctly, it has been provided to the Defence with

23 inculpatory evidence. So I don't know if that is the case, but I would

24 like to be informed of this. If I have understood you correctly. I'll

25 rephrase that. You have, nevertheless, made a list of witness with

Page 81

1 inculpatory evidence which has been provide to the Defence and you think

2 you have other witnesses that you would like to add to that list, but I

3 don't think that waiting for witnesses that might appear is not sure yet.

4 I don't think that this should be an obstacle to the normal unfolding of

5 the proceedings.

6 So what I suggest is that we should move ahead on the basis of

7 what we had, on the basis of what has been communicated to the Defence,

8 and then we shall see. If a witness who is of great importance appears,

9 you can always request that that witness be added to your witness list.

10 But at the moment, saying that you don't have a list, I must say it

11 disturbs me a bit.

12 I would like to hear what your opinion is on this matter.

13 MR. HARMON: Perhaps, Your Honour, I didn't make myself as clear

14 as I wished to. We have a list of witnesses that we have identified and

15 that we will be calling to testify in this case, and to the extent that we

16 have identified those people as witnesses, we provided to the Defence

17 copies of their statements.

18 JUDGE EL MAHDI: [Interpretation] Yes.

19 MR. HARMON: We are in the process of assessing witnesses who have

20 recently been interviewed. When I say "recently," I think it's within the

21 last week or two. I have not seen the copies of those statements. I will

22 be reviewing those statements when they're available to me and I will be

23 making an assessment as to whether or not those witnesses will be

24 witnesses for the trial. Once I make that determination, I will be

25 providing copies of those statements to the Defence.

Page 82

1 Insofar as the second part of your request, your request to me,

2 that is, have we given to the Defence copies of all the exhibits that we

3 intend to use in the course of this trial, the answer is no. There is not

4 reciprocal discovery yet. We are in the process of analysing that

5 evidence, and it is our view that the list of exhibits that are required

6 to be disclosed first come up in the -- when the pre-trial brief is

7 submitted to the Court, I think as part of Rule 65 ter, sub-part --

8 sub-part (E)(iii), that is where we have to identify the lists,

9 identified what are the exhibits, and that is an exercise that has not yet

10 been completed.

11 JUDGE EL MAHDI: [Interpretation] Okay. But then since you are

12 talking about Article 65 ter (E)(ii) and (iii), and then comes paragraph

13 (F). So if I understand you correctly, you mean that you are waiting for

14 a date to be set for your pre-trial brief in order to present your list of

15 witnesses and your list of exhibits. Is that it?

16 MR. HARMON: That's correct.

17 JUDGE EL MAHDI: [Interpretation] So we can go ahead in the

18 following way: Could you set a date when you would be able to submit your

19 version, your pre-trial brief?

20 MR. HARMON: Yes, Your Honour. That would be March the 28th.

21 Again, a conservative estimate.

22 JUDGE EL MAHDI: [Interpretation] So it's the 28th of March.

23 That's for your pre-trial brief; right?

24 MR. HARMON: Correct.

25 JUDGE EL MAHDI: [Interpretation] In that case, there are three

Page 83

1 weeks, then, left for the Defence, allowed the Defence. Right. So we

2 could move ahead on the assumption that a date around the 28th of March

3 would be set for the pre-trial brief. And at that moment, if I understood

4 correctly, before that date the list of witnesses, together with the list

5 of exhibits, will be disclosed to the Defence. Is that right?

6 MR. HARMON: That's correct, Your Honour.

7 JUDGE EL MAHDI: [Interpretation] All right. Thank you.

8 Mr. Jonjic, would you like, having heard the proposal of the

9 Prosecution concerning the date for their pre-trial brief, according to

10 procedure, you are allowed, I believe, three weeks after that date for

11 your own pre-trial brief. Do you have any comments, anything to say?

12 MR. JONJIC: [Interpretation] Thank you, Your Honour. The Defence

13 has no objection to the schedule proposed by the Prosecution, and the

14 Defence believes they will be able to fulfil their obligations within the

15 dates mentioned.

16 JUDGE EL MAHDI: [Interpretation] Thank you. I have no doubt as to

17 your cooperation.

18 I hope, nevertheless, at the risk of repeating myself, I invite

19 the parties not to hesitate to ask for the help of Mr. Harhoff, our

20 learned friend, in anything that has to do with procedure, because I will

21 not conceal from you that I'm very much anxious to have this case move

22 along as speedily as possible.

23 I would now like to address Mr. Ljubicic. Would you please tell

24 me if you have anything to tell me about the state of your health, the

25 conditions of your detention? Of course I know it is not a pleasant

Page 84

1 thing, but please do not hesitate to address to us any comments, anything

2 at all that you would like to say. And if there is anything I can do to

3 help you, please do not hesitate to share with me any of your concerns.

4 Do you have any?

5 THE ACCUSED: [Interpretation] Thank you, Your Honour. I have no

6 objection to the conditions of my detention in the Detention Unit, no

7 objection to the way I'm treated by the staff.

8 As for my health, I could say, although I have arrived here

9 already suffering from that condition, that I have asthma --

10 THE INTERPRETER: The interpreters cannot hear the accused.

11 JUDGE EL MAHDI: [Interpretation] Would you please speak more

12 slowly, because the interpreters cannot follow you, and please press the

13 "On" button on your microphone.

14 THE ACCUSED: [Interpretation] I said I have no complaint against

15 the staff at the Detention Unit or the conditions of my detention.

16 As for my health, I didn't mention until now that I am suffering

17 from asthma and an ulcer on my stomach, but these are old ailments for

18 which I am being regularly treated by the medical staff at the Detention

19 Unit, and I have no complaint in that respect.

20 I believe I should note that as far as my asthma is concerned, the

21 symptoms are more pronounced in the past couple of months than they used

22 to be. As for the rest, I have no complaint at all. Everything else is

23 fine.

24 JUDGE EL MAHDI: [Interpretation] So are you complaining, even a

25 little bit, against the treatment you are receiving currently? Because

Page 85

1 you have just said that recently you have been suffering more than

2 before. Perhaps the medication given to you is not very good. Are you

3 being regularly seen by the doctor, by specialists who prescribe this

4 medication for you?

5 THE ACCUSED: [Interpretation] I have undergone examinations, and I

6 repeat I have no complaint against the medical staff for the medication

7 I'm receiving.

8 JUDGE EL MAHDI: [Interpretation] All right. Thank you very much.

9 Please take your seat.

10 I believe that having said this, and in case the parties have no

11 other issues to raise, I believe the parties and hope the parties will

12 continue to cooperate and that by the date of the 28th of March, which has

13 been set, although I hope -- I don't think we should regard it as a

14 deadline, I hope that with the enthusiasm of Mr. Harmon, things may move

15 along even more quickly.

16 Once again, I encourage the parties to address, whenever

17 necessary, Mr. Harhoff, who is always ready and willing to offer his good

18 services to the parties.

19 On this note, I am adjourning this hearing. I would like to wish

20 you all belatedly a happy New Year, and every success in our common work.

21 Thank you very much.

22 --- Whereupon the Status Conference adjourned

23 at 3.32 p.m.