Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Wednesday, 27 March 2002

2 [Open session]

3 [The accused entered court]

4 [The accused Milan Simic not present]

5 --- Upon commencing at 2.33 p.m.

6 JUDGE MUMBA: Please call the case.

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

8 IT-95-9-T, the Prosecutor versus Blagoje Simic, Milan Simic, Miroslav

9 Tadic, and Simo Zaric.

10 JUDGE MUMBA: The proceedings this afternoon are held under Rule

11 15 bis for purposes of deciding on the future of the proceedings, and

12 under Rule 15 bis (C), it has been decided that another Judge will be

13 appointed for the Trial Chamber. So the accused persons have to

14 decide -- have to consent. Since the proceedings are already under way,

15 they have to decide, in the event of another Judge being appointed, as has

16 already been decided, whether the proceedings will continue or whether

17 they would like the proceedings to start afresh, and the President will

18 have to issue an order. This is the reason we are sitting. And even

19 though there are only two of us, we believe that it's in the interests of

20 justice to have this decision taken at this time so that further

21 proceedings, dependent on the decision of the accused persons today, can

22 proceed.

23 So I'll ask the first accused, Mr. Simic, Blagoje Simic, what his

24 decision is.

25 THE INTERPRETER: Microphone, please.

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1 THE ACCUSED BLAGOJE SIMIC: [Interpretation] Your Honour, as far as

2 the new Judge is concerned to be assigned to this Chamber, I have nothing

3 against it, as long as he's given enough time to consider what has already

4 happened in the proceedings.

5 JUDGE MUMBA: So you consent to the proceedings continuing with

6 the new Judge?

7 THE ACCUSED BLAGOJE SIMIC: [Interpretation] I do.

8 JUDGE MUMBA: Thank you very much.

9 Mr. Miroslav Tadic?

10 THE ACCUSED TADIC: [Interpretation] Your Honour, I would like to

11 say a few words. On the 26th of April of this year, it's been six years

12 that I gave my first statement to the Prosecutor's office. I then gave

13 five or six more statements. On the 14th of February of this year, it's

14 been four years that I gave myself voluntarily to the Tribunal, and you

15 know where we stand now. I believe that this has now gone for far too

16 long. I will try to address whomever I can, even the Security Council, to

17 say what my situation is. I am fed up with being in the Detention Unit.

18 As far as this case is concerned that you are talking about, I agree with

19 Mr. Simic. If it is necessary, I'm ready to proceed tomorrow, if that's

20 possible, but I just want it to proceed. Thank you very much.

21 JUDGE MUMBA: Thank you.

22 Mr. Simo Zaric?

23 THE ACCUSED ZARIC: [Interpretation] Your Honour, I agree that the

24 proceedings should continue, the trial should continue, for a new Judge to

25 be appointed, and that the trial should continue from where we left off.

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1 JUDGE MUMBA: Thank you.

2 Mr. Milan Simic is not in Court, but Mr. Zecevic was advised that

3 he can give the decision -- inform the Chamber what his client's decision

4 is, and then we shall have it signed in writing by the accused himself,

5 who is not able to be in the courtroom.

6 Yes, Mr. Zecevic.

7 MR. ZECEVIC: Thank you, Your Honour.

8 First of all, I would like to say that my -- due to his medical

9 situation, my client was unable to attend to the court today. However, he

10 waived his right to be present and he instructed me to state that he is

11 giving his consent for the continuation of the trial with another Judge

12 according to the Rule 15 bis (C). The document has been prepared and has

13 been given to the legal officer. It has to be, of course, brought to my

14 client for his signature. It's in Serbian language and in English

15 language. I prepared it myself. And I believe that would be sufficient

16 for the purposes of this hearing. Thank you.

17 JUDGE MUMBA: Yes. Thank you. That is sufficient. Thank you

18 very much. So we'll have it signed and then it can be filed.

19 Yes. So the position is that the proceedings will continue with

20 the new Judge being appointed to complete the Bench.

21 [Trial Chamber confers]

22 JUDGE MUMBA: In this case, the Trial Chamber is of the view that

23 we should hold a Status Conference with the advocates -- the attorneys

24 only. So we are going to adjourn to allow the accused persons to leave

25 the courtroom. And the Status Conference will convene at, yes, 15.15

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1 hours.

2 --- Whereupon the hearing adjourned at 2.40 p.m.,

3 to be followed by a Status Conference
























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