Tribunal Criminal Tribunal for the Former Yugoslavia

Page 7853

1 Tuesday, 20 April 2004

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.28 p.m.

5 JUDGE LIU: Call the case please, Mr. Court Deputy.

6 THE REGISTRAR: Good afternoon, Your Honours. This is Case Number

7 IT-02-60-T, the Prosecutor versus Vidoje Blagojevic and Dragan Jokic.

8 JUDGE LIU: Thank you very much.

9 This afternoon, we are going to hear the next witness. Before

10 having the next witness, are there any requests from Defence counsel for

11 the protective measures? Yes, Mr. Karnavas.

12 MR. KARNAVAS: Thank you, Mr. President. The next witness has

13 requested that he testify in a totally private session -- closed session,

14 I should say. He doesn't wish to have his -- we've discussed the various

15 options, voice, face distortion, pseudonym. He's indicated that under no

16 circumstances does he wish to testify in any other setting than a totally

17 closed session. He's expressed various reasons, primarily his safety,

18 first and foremost, concerning -- in light of the testimony that he's

19 about to give.

20 JUDGE LIU: Any objections from the Prosecution? Yes,

21 Mr. McCloskey.

22 MR. McCLOSKEY: Your Honour, I am sensitive to this problem.

23 I'm -- we, of course, faced similar things with our witnesses. My only

24 request would be that we have more information on what the safety concern

25 is, because there's no indication of why there's a safety concern and why

Page 7854

1 face and name is not enough. Closed session is, of course, a rather

2 serious situation. It makes it very difficult to cite in judgements, in

3 further cross-examination, in questioning of other witnesses. And if

4 we're going to be holding to the rules, as we should, there should be more

5 of a factual basis for that. We may -- there may be -- we might be able

6 to work out a compromise in that -- and I haven't discussed this, but

7 where a person has a pseudonym and we are all free to make reference to

8 that pseudonym in judgements, in questioning, and that sort of thing. So

9 sort of making up our own quasi-closed session, which I hate to do that.

10 But given there's been no foundation for a safety issue, I'm trying to

11 find a way that we can get this witness on and deal with his concerns.

12 But I don't see the foundation for any safety issue.

13 JUDGE LIU: Thank you.

14 I think this Trial Chamber has the obligation to guarantee the

15 right of the accused. One of the rights of the accused is that he's

16 entitled to have a public and fair trial. And while taking into

17 consideration of the interests of the witness, we'll go to private

18 session.

19 And, Mr. Karnavas, would you please tell us more about the reasons

20 of this request.

21 MR. KARNAVAS: Yes.

22 [Private session]

23 (redacted)

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6 [Closed session]

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10 The hearing is adjourned.

11 --- Whereupon the hearing adjourned

12 at 7.01 p.m., to be reconvened on Wednesday,

13 the 21st day of April, 2004,

14 at 2.15 p.m.

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