Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8178

1 Tuesday, 9 July 2002

2 [Open session]

3 --- Upon commencing at 2.21 p.m.

4 [The accused entered court]

5 JUDGE AGIUS: Sorry for the delay, but I was kept elsewhere. So

6 Madam Registrar, you can call the case, please.

7 THE REGISTRAR: Good afternoon. This is case number IT-99-36-T,

8 the Prosecutor versus Radoslav Brdjanin and Momir Talic.

9 JUDGE AGIUS: Mr. Brdjanin, good afternoon to you. Can you hear

10 me in a language that you can understand?

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

12 Honours. I can hear you and I understand you.

13 JUDGE AGIUS: I thank you. You may sit down.

14 General Talic, same question to you, and good afternoon to you.

15 Can you 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 that I understand.

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

19 Appearances for the Prosecution.

20 MR. CAYLEY: Yes, may it please Your Honours. My name is Andrew

21 Cayley. I appear on behalf of the Prosecutor. You'll see that Ms. Korner

22 is behind me today. She is leaving at ten to 3.00, Your Honours, in order

23 to attend the first appearance of Mr. Gruban. I'm also appearing with

24 Mr. Julian Nicholls and our case manager Ms. Gustin. Thank you.

25 JUDGE AGIUS: I thank you. And good afternoon to you all.

Page 8179

1 Appearances for Radoslav Brdjanin.

2 MR. ACKERMAN: Good afternoon, Your Honours. I'm John Ackerman.

3 I appear with my co-counsel Milan Trbojevic, and my assistant -- our

4 assistant Marela Jevtovic.

5 JUDGE AGIUS: I thank you. And good afternoon to you all.

6 Appearance for General Talic.

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

8 Natasha Ivanovic-Fauveau for General Talic.

9 JUDGE AGIUS: I thank you. And good afternoon to you both.

10 Before we bring in the witness, are there any preliminaries?

11 Yes. I see -- I recognise Mr. Zecevic.

12 MR. ZECEVIC: Your Honours, very briefly. It's been almost more

13 than two weeks since the Defence of Mr. Brdjanin, as well as the Defence

14 of Mr. Talic, jointly requested the so-called AID documents. I don't know

15 whether you remember that.

16 JUDGE AGIUS: Yes, of course I do.

17 MR. ZECEVIC: At that time -- at that time we were told that the

18 four boxes are in the -- are with the Prosecutor's office.

19 JUDGE AGIUS: They're being sorted out, yes.

20 MR. ZECEVIC: And it's being sorted out. It takes a bit -- a

21 longer time than I expected from us for the sorting out of the material,

22 so we are asking whether we are going to get the material or if -- if it

23 cannot be sorted, maybe the Prosecutor can disclose the whole four boxes

24 to us. Thank you, Your Honours.

25 JUDGE AGIUS: Who is going to answer that? Mr. Cayley.

Page 8180

1 MR. CAYLEY: I'll answer it, Your Honour.

2 First of all, a meeting is actually planned this week with the

3 team that is dealing with it. It is a large quantity of material. What

4 I can say to the Court, there are a number of issues which I can't discuss

5 in this courtroom which are relevant to the disclosure of that material

6 that don't just concern this trial but concern other matters. And that

7 has to be discussed with the senior management within the Office of the

8 Prosecutor.

9 What I can also say from what has been initially told to me about

10 these documents -- and my understanding is none of it has yet been

11 translated. Maybe a small proportion. But I have seen no translations.

12 All I have had is a summary placed in front of me by the trial attorney on

13 another team which indicates that it doesn't actually have relevance to

14 this case. Nevertheless we are having a meeting at the end of this week

15 with that particular team that is concerned with these materials in order

16 to discuss the disclosure of that -- or the potential disclosure of that

17 material in this case.

18 JUDGE AGIUS: So we'll -- we'll take if the matter up again next

19 week, Mr. Zecevic.

20 MR. ZECEVIC: Yes, Your Honours. But if I may very shortly

21 comment. We're willing to accept the material under the confidentiality

22 rules of course, which we are not to disclose it to anybody else, which is

23 of course, in my mind very understandable. And I assumed from the very

24 beginning this material would be disclosed according to this practice.

25 As well, the other thing is we are completely fine that we receive

Page 8181

1 it in B/C/S. We don't need the translations. Thank you.

2 JUDGE AGIUS: I don't know if Mr. Ackerman would share that --

3 that statement.

4 MR. ACKERMAN: Your Honour, I do agree with what Mr. Zecevic has

5 said. The thing that concerns me is I am not comfortable with having the

6 Prosecutor make -- make the sole decision as to what is relevant and

7 what's not relevant.

8 JUDGE AGIUS: But for the --

9 MR. ACKERMAN: I'd be willing to have you do it in camera.

10 JUDGE AGIUS: Forget about that, Mr. Ackerman I mean, I was going

11 to say that myself.

12 MR. ACKERMAN: All right.

13 JUDGE AGIUS: That's not --

14 MR. ACKERMAN: Thank you.

15 JUDGE AGIUS: Otherwise what I am more interested in is whether

16 you expect to have these documents also translated into -- into English or

17 whether you are happy with having them in B/C/S.

18 MR. ACKERMAN: Your Honour, considering the pressure that's on the

19 translation department here, I don't think it makes sense to send all

20 these documents off to get them translated into English. I think if we

21 were giving that batch of documents in B/C/S, we could very quickly go

22 through them and pull out any that we thought ought to be translated and

23 take a lot of pressure off translation department in that regard.

24 JUDGE AGIUS: Mr. Cayley.

25 MR. CAYLEY: Well, I think the suggestion that Mr. Ackerman has

Page 8182

1 made is good one. We disclose it to you and let the Judges decide whether

2 or not it's relevant.

3 JUDGE AGIUS: Unfortunately, it is -- I mean, while Mr. Zecevic

4 knows the language and Mr. Ackerman doesn't know the language but he's got

5 two assistants who know the language, I can't rely on Judge Taya for

6 sure, and I can't rely on Judge Janu either for sure, and we are -- we are

7 not going -- we don't have the facility of someone.

8 MR. CAYLEY: But I caveat all of this, Your Honour. At the moment

9 there are other issues involving this material which I cannot discuss in

10 the court and it has nothing to do particularly with the disclosure, which

11 we have to clear before --

12 JUDGE AGIUS: Okay.

13 MR. CAYLEY: -- we can do anything further.

14 JUDGE AGIUS: Let's come back to the subject next -- next week --

15 mid-next week at the latest. Okay?

16 That being so, I think we can draw the curtains down and prepare

17 the room for the next witness, BT21. And we'll also go into closed

18 session. Is that correct, Mr. Cayley?

19 MR. CAYLEY: That's correct, Your Honour.

20 [Closed session]

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12 --- Whereupon the hearing adjourned

13 at 6.37 p.m., to be reconvened on Monday,

14 the 15th day of July, 2002, at 9.00 a.m.

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