Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Wednesday, 29 December 1999

2 [Initial Appearance]

3 [Open session]

4 --- Upon commencing at 11.14 a.m.

5 [The accused entered court]

6 JUDGE RIAD: Good morning. I would like to

7 greet both parties, as well as all those present in

8 this courtroom and all those present in the gallery.

9 Mr. Registrar, would you please call the

10 case.

11 THE REGISTRAR: [Interpretation] Case number

12 IT-98-29-I, the Prosecutor of the Tribunal versus

13 Stanislav Galic.

14 JUDGE RIAD: May we have the appearances,

15 please. The Prosecution first.

16 MR. HARMON: Good morning, Judge Riad. My

17 name is Mark Harmon, and I am assisted by my colleague

18 Mr. Michael Blaxill.

19 JUDGE RIAD: Thank you, Mr. Harmon.

20 May I call on the Defence.

21 MR. KOSTIC: Good morning, Your Honour. My

22 name is Nikola Kostic. I have been chosen by

23 Mr. Galic, General Galic, to represent him in this

24 case. I am an attorney licensed in the United States

25 for some 30 years. I have also appeared here in front

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1 of this Tribunal on a number of prior cases, and I am

2 of course going to be representing Mr. Galic today,

3 Your Honour.

4 JUDGE RIAD: Thank you. Now, I would like to

5 ask you, Mr. Kostic, can the accused hear the

6 proceedings in a language he understands? Has he got

7 the necessary equipment and is he following?

8 MR. KOSTIC: He says yes, Your Honour.

9 JUDGE RIAD: Thank you. It makes it quite

10 easy for us now to proceed.

11 Under Rule 62 of the Rules of Procedure and

12 Evidence of our International Criminal Tribunal, as you

13 know, an Initial Appearance is required upon transfer

14 of the accused to the seat of the Tribunal.

15 I would like now to call on the registrar,

16 Mr. Dubuisson, to read Article 20(3) and Article 21 of

17 the Tribunal's Statute first, and then to read to us

18 Article 62 of the Rules of Procedure and Evidence as

19 they are relevant to this Initial Appearance.

20 THE REGISTRAR: Article 20. Commencement and

21 conduct of trial proceedings.

22 3) The Trial Chamber shall read the

23 indictment, satisfy itself that the rights of the

24 accused are respected, confirm that the accused

25 understands the indictment, and instruct the accused to

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1 enter a plea. The Trial Chamber shall then set the

2 date for trial.

3 Article 21. Rights of the accused.

4 1) All persons shall be equal before the

5 International Tribunal.

6 2) In the determination of charges against

7 him, the accused shall be entitled to a fair and public

8 hearing, subject to article 22 of the Statute.

9 3) The accused shall be presumed innocent

10 until proven guilty according to the provisions of the

11 present Statute.

12 4) In the determination of any charges

13 against the accused pursuant to the present Statute,

14 the accused shall be entitled to the following minimum

15 guarantees, in full equality:

16 (a) to be informed promptly and in

17 detail in a language which he understands of the nature

18 and cause of the charge against him;

19 (b) to have adequate time and facilities

20 for the preparation of his defence and to communicate

21 with counsel of his own choosing;

22 (c) to be tried without undue delay;

23 (d) to be tried in his presence, and to

24 defend himself in person or through legal assistance of

25 his own choosing; to be informed, if he does not have

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1 legal assistance, of this right; and to have legal

2 assistance assigned to him, in any case where the

3 interests of justice so require, and without payment by

4 him in any such case if he does not have sufficient

5 means to pay for it;

6 (e) to examine, or have examined,

7 witnesses against him and to obtain the attendance and

8 examination of witnesses on his behalf under the same

9 conditions as witnesses against him;

10 (f) to have the free assistance of an

11 interpreter if he cannot understand or speak the

12 language used in the International Tribunal;

13 (g) not to be compelled to testify

14 against himself or to confess guilt.

15 Rule 62 of the Rules of Procedure and

16 Evidence. Initial Appearance of Accused. Upon

17 transfer of an accused to the seat of the Tribunal, the

18 President shall forthwith assign the case to a Trial

19 Chamber. The accused shall be brought before the Trial

20 Chamber or a Judge thereof without delay, and shall be

21 formally charged. The Trial Chamber or the Judge

22 shall:

23 (i) satisfy itself, himself or herself that

24 the right of the accused to counsel is respected;

25 (ii) read or have the indictment read to the

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1 accused in a language the accused speaks and

2 understands, and satisfy itself, himself or herself

3 that the accused understands the indictment;

4 (iii) inform the accused that, within 30 days

5 of the Initial Appearance, he or she will be called

6 upon to enter a plea of guilty or not guilty on each

7 count but that, should the accused so request, he or

8 she may immediately enter a plea of guilty or not

9 guilty on one or more count;

10 (iv) if the accused fails to enter a plea at

11 the initial or any further appearance, enter a plea of

12 not guilty on the accused's behalf;

13 (v) in case of a plea of not guilty, instruct

14 the Registrar to set a date for trial;

15 (vi) in case of a plea of guilty:

16 (a) if before the Trial Chamber, act in

17 accordance with Rule 62 bis, or

18 (b) if before a Judge, refer the plea to

19 the Trial Chamber so that it may act in accordance with

20 Rule 62 bis;

21 (vii) instruct the Registrar to set such

22 other dates as appropriate.

23 JUDGE RIAD: [Interpretation] Thank you,

24 Mr. Dubuisson.

25 [English] I would now call upon the Registrar

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1 to read the relevant portions of the confidential

2 indictment. This confidential indictment was confirmed

3 by Judge Antonio Cassese on the 24th of April, 1999.

4 If the Defence counsel so chooses and the accused, we

5 can also read later the annexes to the indictment, I'll

6 leave that up to you, because they are separate from

7 the indictment.

8 So we'll start by reading only the relevant

9 portions of the indictment. I call upon our registrar,

10 Mr. Dubuisson, to read it.

11 THE REGISTRAR: [Interpretation] The

12 Prosecutor against Stanislav Galic. Indictment.

13 The Prosecutor of the International Criminal

14 Tribunal for the former Yugoslavia, pursuant to her

15 authority under Article 18 of the Statute of the

16 Tribunal charges: Stanislav Galic with crimes against

17 humanity and violations of the laws and customs of war

18 as set forth below:

19 Background:

20 1. Sarajevo is the capital of Bosnia and

21 Herzegovina and is situated on the east-to-west axis

22 along the Miljacka River Valley in Central Bosnia. The

23 city is dominated by steep surrounding mountain

24 slopes. To the east there is a dense city centre

25 making up a residential and commercial old town which

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1 spreads up the adjacent hillsides. There are new

2 municipalities with commercial development and

3 extensive residential accommodation on more open ground

4 to the west. The city traces its history back nearly

5 2.000 years. Before 1992, Sarajevo was a flourishing

6 multiethnic community and a cultural and economic

7 centre in the former Yugoslavia. A 1991 census

8 indicated that the city and immediate surroundings had

9 a population of some 525,980 inhabitants with an ethnic

10 composition of 49,3 per cent Muslim, 29,9 per cent

11 Serb, 6,6 per cent Croat, 10,7 per cent describing

12 themselves as Yugoslav, and 3,5 per cent other groups.

13 Sarajevo accounted for 11 per cent of the population of

14 Bosnia and Herzegovina.

15 2. Shortly after Bosnia and Herzegovina was

16 internationally recognised as an independent state on

17 the 6th of April, 1992, armed hostilities broke out in

18 Sarajevo. Even before the beginning of the conflict,

19 armed forces supporting the Serbian Democratic Party

20 (SDS) and the elements of the Yugoslav People's Army

21 (JNA), including units of the 4th Corps of the 2nd

22 Military District, occupied strategic positions in and

23 around Sarajevo. The city was subsequently subjected

24 to blockade and relentless bombardment and sniper

25 attacks from these positions. Much of the bombardment

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1 and sniping was from positions in the hills around and

2 overlooking Sarajevo, from which the attackers had a

3 clear, detailed, and commanding view of the city and

4 its civilian population.

5 3. On or around the 20th of May, 1992, after

6 a partial withdrawal of the JNA forces from Bosnia, the

7 2nd Military District was effectively transformed into

8 part of the Bosnian Serb Army (VRS - Vojska Republika

9 Srpska). As part of this transformation, the 4th Corps

10 of the 2nd Military District became the Sarajevo

11 Romanija Corps with its headquarters in Lukavica

12 Barracks just to the southwest of Sarajevo.

13 4. (a) For 44 months, the Sarajevo Romanija

14 Corps implemented a military strategy which used

15 shelling and sniping to kill, maim, wound, and

16 terrorise the civilian inhabitants of Sarajevo. The

17 shelling and sniping killed and wounded thousands of

18 civilians of both sexes and all ages, including

19 children and the elderly.

20 (b) The Sarajevo Romanija Corps directed

21 shelling and sniping at civilians who were tending

22 vegetable plots, queueing for bread, collecting water,

23 attending funerals, shopping in markets, riding on

24 trams, gathering wood, or simply walking with their

25 children or friends. People were even injured and

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1 killed inside their own homes, being hit by bullets

2 that came through the windows. The attacks on Sarajevo

3 civilians were often unrelated to military actions and

4 were designed to keep the inhabitants in a constant

5 state of terror.

6 (c) Because of the shelling and sniping

7 against civilians, the life of every Sarajevo

8 inhabitant became a daily struggle to survive. Without

9 gas, electricity, or running water, people were forced

10 to venture outside to find basic living necessities.

11 Each time they did so, whether to collect wood, fetch

12 water, or buy some bread, they risked death. In

13 addition to the sheer human carnage that the shelling

14 and sniping caused, the endless threat of death and

15 maiming caused extensive trauma and psychological

16 damage to the inhabitants of Sarajevo.

17 The Accused:

18 5. Stanislav Galic was born the son of

19 Dusan, on the 12th of March, 1943, in Goles village,

20 Banja Luka municipality. He has held the rank of Major

21 General in the Bosnian Serb army (VRS). He assumed

22 command of the Sarajevo Romanija Corps on or about the

23 10th of September, 1992 and remained in that position

24 until about the 10th of August, 1994, during which time

25 the forces under his command and control conducted a

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1 campaign of sniping and shelling against the civilian

2 population of Sarajevo.

3 General Allegations:

4 6. The Sarajevo Romanija Corps formed a

5 significant part of the VRS under the ultimate command

6 of Ratko Mladic, the Commander of the Main Staff, and

7 Radovan Karadzic, initially President of the Presidency

8 of the Bosnian Serb administration in Bosnia and

9 Herzegovina and subsequently as President of the

10 Republika Srpska and designated Supreme Commander of

11 its armed forces.

12 7. By the 10th of September, 1992, the

13 Sarajevo Romanija Corps controlled all the Bosnian Serb

14 territory around Sarajevo, including established

15 confrontation lines and artillery positions.

16 8. Stanislav Galic, during his period as

17 Corps Commander of the Sarajevo Romanija Corps, was in

18 a position of superior authority to approximately

19 18.000 military personnel formed into 10 brigades.

20 9. As Corps Commander of the Sarajevo

21 Romanija Corps, Stanislav Galic demonstrated his

22 authority and control over forces comprising and

23 attached to the Sarajevo Romanija Corps inter alia by

24 participating in negotiations and the implementation of

25 a heavy weapons total exclusion zone, controlling

Page 11

1 access to UNPROFOR and other U.N. personnel to

2 territory around Sarajevo and, in particular, heavy

3 weapon sites.

4 10. Stanislav Galic bears individual

5 criminal responsibility for planning, instigating,

6 ordering, committing, or otherwise aiding and abetting

7 in the planning, preparation, or execution of the

8 campaign of shelling and sniping against the civilian

9 population of Sarajevo and the acts set forth below by

10 the forces and persons under his command, pursuant to

11 Article 7(1) of the Statute of the Tribunal.

12 11. Stanislav Galic also bears individual

13 criminal responsibility as a Commander of the Sarajevo

14 Romanija Corps, responsible for the conduct of

15 subordinates in respect of whom he was in a position of

16 superior authority. Stanislav Galic is responsible for

17 the acts and omissions of his subordinates, knowing, or

18 having reason to know, that the subordinates were about

19 to commit such acts, or had done so, failing to take

20 responsible steps to prevent such acts, or to punish

21 the perpetrators thereof. By failing to take the

22 actions required of a person in superior authority,

23 Stanislav Galic is responsible for the acts and

24 omissions set forth below pursuant to Article 7(3) of

25 the Statute of the Tribunal.

Page 12

1 12. At all material times relevant to this

2 indictment an armed conflict existed in Bosnia and

3 Herzegovina in the territory of the former Yugoslavia.

4 13. Wherever a crime against humanity, a

5 crime recognised by Article 5 of the Statute of the

6 Tribunal, is charged in this indictment, the alleged

7 acts or omissions were part of a widespread or

8 systematic or large scale attack directed against a

9 civilian population.

10 14. Wherever a violation of the laws or

11 customs of war, a crime recognised by Article 3 of the

12 Statute of the Tribunal, is charged in this indictment,

13 the acts or omissions were directed against civilian

14 persons.

15 15. All counts in this indictment allege the

16 totality of the campaigns of sniping and shelling

17 against the civilian population but the scale was so

18 great that the Schedules to the individual groups of

19 counts in this indictment set forth only a small

20 representative number of individual incidents for

21 specificity of pleading.

22 16. At all relevant times, Stanislav Galic

23 was required to abide by the laws or customs governing

24 the conduct of war.

25 Charges:

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1 Count 1 (Infliction of Terror).

2 From about 10 September 1992 to about 10

3 August 1994, Stanislav Galic, as Commander of the

4 Bosnian Serb forces comprising or attached to the

5 Sarajevo Romanija Corps, conducted a protracted

6 campaign of shelling and sniping upon civilian areas of

7 Sarajevo and upon the civilian population thereby

8 inflicting terror and mental suffering upon its

9 civilian population.

10 By his acts and omissions, Stanislav Galic is

11 responsible for:

12 Count 1: Violations of the Laws or Customs

13 of War (unlawfully inflicting terror upon civilians as

14 set forth in Article 51 of Additional Protocol I and

15 Article 13 of Additional Protocol II to the Geneva

16 Conventions of 1949) punishable under Article 3 of the

17 Statute of the Tribunal.

18 Counts 2 to 4 (Sniping).

19 Between 10 September 1992 and 10 August 1994,

20 Stanislav Galic, as Commander of Bosnian Serb forces

21 comprising or attached to the Sarajevo Romanija Corps,

22 conducted a coordinated and protracted campaign of

23 sniper attacks upon the civilian population of Sarajevo

24 killing and wounding a large number of civilians of all

25 ages and both sexes, such attacks by their nature

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1 involving the deliberate targeting of civilians with

2 direct fire weapons. Specific instances of these

3 attacks include, by way of representative allegations,

4 those matters set forth in the First Schedule to this

5 indictment.

6 By his acts and omissions, Stanislav Galic is

7 responsible for:

8 Count 2: Crimes against Humanity (murder)

9 punishable under Article 5(a) of the Statute of the

10 Tribunal.

11 Count 3: Crimes against Humanity (inhumane

12 acts - other than murder) punishable under Article 5(i)

13 of the Statute of the Tribunal.

14 Count 4: Violations of the Laws or Customs

15 of War (attacks on civilians as set forth in Article 51

16 of Additional Protocol I and Article 13 of Additional

17 Protocol II to the Geneva Conventions of 1949)

18 punishable under Article 3 of the Statute of the

19 Tribunal.

20 Counts 5 to 7 (Shelling).

21 Between 10 September 1992 and 10 August 1994,

22 Stanislav Galic, as Commander of Bosnian Serb forces

23 comprising or attached to the Sarajevo Romanija Corps,

24 conducted a coordinated and protracted campaign of

25 artillery and mortar shelling onto civilian areas of

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1 Sarajevo and upon its civilian population. The

2 campaign of shelling resulted in thousands of civilians

3 being killed or injured. Specific instances of this

4 shelling include, by way of representative allegations,

5 the matters set forth in the Second Schedule to this

6 indictment.

7 By his acts and omissions, Stanislav Galic is

8 responsible for:

9 Count 5: Crimes against Humanity (murder)

10 punishable under Article 5(a) of the Statute of the

11 Tribunal.

12 Count 6: Crimes against Humanity (inhumane

13 acts - other than murder) punishable under Article 5(i)

14 of the Statute of the Tribunal.

15 Count 7: Violations of the Laws or Customs

16 of War (attacks on civilians as set forth in Article 51

17 of Additional Protocol I and Article 13 of Additional

18 Protocol II to the Geneva Conventions of 1949)

19 punishable under Article 3 of the Statute of the

20 Tribunal.

21 Signed by the Prosecutor, Louise Arbour.

22 Your Honour, if you desire, I can read the annexes.

23 JUDGE RIAD: [Interpretation] Let me ask the

24 Defence.

25 [English] Mr. Kostic, I trust that your

Page 16

1 client has understood the indictment. I assume that he

2 has received already the indictment in a language he

3 could understand. Would you please confirm that for

4 me.

5 MR. KOSTIC: Your Honour, we had an

6 opportunity to meet all day yesterday. Mr. Galic had

7 in his possession a copy of the indictment in the

8 Serbian language. We also had a copy of the indictment

9 in the English language. I am bilingual; I speak

10 Serbian, his language, the one he uses, and I had the

11 ability to confirm the fact that he has read the

12 indictment in the language that he understands.

13 If I may add, Your Honour, that we had a

14 chance to discuss the contents of the indictment, not

15 only the part of the indictment that was read this

16 morning in open court but we also had the opportunity

17 to discuss the First and the Second Schedule to the

18 indictment which was not read. If you wish me to, I

19 can tell you our position in regard to the reading of

20 those two schedules.

21 JUDGE RIAD: The annexes.

22 MR. KOSTIC: Yes, sir.

23 JUDGE RIAD: Would you like us to read it?

24 Would you like the registrar to read it?

25 MR. KOSTIC: Your Honour, I have discussed

Page 17

1 that matter with Mr. Galic. In the English version,

2 they're called Schedules. And by "annexes," I'm

3 assuming you're referring to the same?

4 JUDGE RIAD: Yes.

5 MR. KOSTIC: And we have discussed the issue

6 of whether or not to read them. Mr. Galic has

7 indicated to me to tell you that we are giving up or

8 waiving our right to have the two annexes read in open

9 court this morning. He has read them, discussed them

10 with me, and he understands the charges and the facts

11 in those two annexes, Your Honour.

12 JUDGE RIAD: Thank you very much for your

13 cooperation.

14 Then perhaps now, as you know, according to

15 Rule 62(iii) which we have previously mentioned, the

16 accused has within 30 days of the Initial Appearance to

17 plead guilty on each count or to plead not guilty, and

18 I would like you to advise us if he is ready to go into

19 a plea today or to use the 30 days for his, let us say,

20 meditation with you on the subject.

21 MR. KOSTIC: I like the way you phrased that,

22 "meditation." Your Honour, Mr. Galic has been

23 informed of the matters that you have just spoken

24 about. As I indicated to you, he has reviewed the

25 indictment. We have discussed the charges which are in

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1 the indictment, which are charges 1 through 7. General

2 Galic has indicated to me that he is prepared to enter

3 a plea this morning to each and every count of the

4 indictment; that is, Counts 1 through 7, I can tell you

5 that the pleas will be not guilty as to each and every

6 count of the indictment, but I'm sure that you will

7 want to confirm that with General Galic.

8 JUDGE RIAD: Then we'll proceed. Thank you

9 very much, Mr. Kostic.

10 MR. KOSTIC: You're welcome.

11 JUDGE RIAD: Mr. Dubuisson, would you please

12 read to us each count, and I would like to ask the

13 accused to stand.

14 [The accused stands]

15 JUDGE RIAD: The accused will have to plead

16 guilty or not guilty on each count.

17 THE REGISTRAR: [Interpretation] Count 1:

18 Violations of the Laws or Customs of War (unlawfully

19 inflicting terror upon civilians as set forth in

20 Article 51 of Additional Protocol 1 and Article 13 of

21 Additional Protocol II to the Geneva Conventions of

22 1949) punishable under Article 3 of the Statute of the

23 Tribunal.

24 THE ACCUSED: [Interpretation] Not guilty.

25 JUDGE RIAD: I'm sorry. I have to put on my

Page 19

1 headphones. Would you please repeat that, Mr. Galic?

2 THE ACCUSED: [Interpretation] Not guilty.

3 JUDGE RIAD: Thank you. Go on.

4 THE REGISTRAR: [Interpretation] Count 2:

5 Crimes against Humanity (murder) punishable under

6 Article 5(a) of the Statute of the Tribunal.

7 JUDGE RIAD: Yes, Mr. Galic.

8 THE ACCUSED: [Interpretation] Not guilty.

9 JUDGE RIAD: Please proceed, Mr. Dubuisson.

10 THE REGISTRAR: [Interpretation] Count 3:

11 Crimes against Humanity (inhumane acts - other than

12 murder) punishable under Article 5(i) of the Statute of

13 the Tribunal.

14 THE ACCUSED: [Interpretation] Not guilty.

15 THE REGISTRAR: [Interpretation] Count 4:

16 Violations of the Laws or Customs of War (attacks on

17 civilians as set forth in Article 51 of Additional

18 Protocol I and Article 13 of Additional Protocol II to

19 the Geneva Conventions of 1949) punishable under

20 Article 3 of the Statute of the Tribunal.

21 THE ACCUSED: [Interpretation] Your Honour,

22 not guilty.

23 THE REGISTRAR: [Interpretation] Count 5:

24 Crimes against Humanity (murder) punishable under

25 Article 5(a) of the Statute of the Tribunal.

Page 20

1 THE ACCUSED: [Interpretation] Not guilty.

2 THE REGISTRAR: [Interpretation] Count 6:

3 Crimes against Humanity (inhumane acts - other than

4 murder) punishable under Article 5(i) of the Statute of

5 the Tribunal.

6 THE ACCUSED: [Interpretation] Not guilty.

7 THE REGISTRAR: [Interpretation] Count 7:

8 Violations of the Laws or Customs of War (attacks on

9 civilians as set forth in Article 51 of Additional

10 Protocol I and Article 13 of Additional Protocol II to

11 the Geneva Conventions of 1949) punishable under

12 Article 3 of the Statute of the Tribunal.

13 THE ACCUSED: [Interpretation] Your Honour,

14 not guilty.

15 JUDGE RIAD: Thank you. Mr. Dubuisson, would

16 you please take note of the pleas of not guilty on all

17 the counts.

18 I hardly need to remind our distinguished

19 Prosecutor, Mr. Mark Harmon, of his duty under

20 Rule 66(A)(i) to disclose to the Defence, as he usually

21 does, as soon as possible and no later than 30 days,

22 the materials supporting the indictment. I would also

23 add that our Defence counsel, as well as the

24 Prosecutor, can, according to Rule 72, within 30 days

25 after the disclosure of the supporting materials, file

Page 21

1 preliminary motions. Any other matters also, of

2 course, can be raised by way of motion before the Trial

3 Chamber.

4 If you'd like to add anything, I'd like to

5 invite you to. First the Prosecutor and then

6 Mr. Kostic.

7 MR. HARMON: Judge Riad, for your information

8 and for the purposes of the record, the materials that

9 support this indictment are currently in translation.

10 We anticipate they will be completed in their

11 translation in the Serbian language within the 30 days,

12 and we intend to produce them in a timely manner to

13 Mr. Kostic and his client.

14 Additionally, we have informed Mr. Kostic

15 that we are prepared to provide him forthwith with

16 English language versions of the supporting material.

17 JUDGE RIAD: Thank you very much.

18 MR. HARMON: Thank you.

19 JUDGE RIAD: Mr. Kostic, would you like to

20 add anything?

21 MR. KOSTIC: Your Honour, just to add that

22 I've had a preliminary meeting this morning with the

23 Prosecution team or members of the Prosecution team,

24 and they have assured me, as Mr. Harmon has just

25 indicated to you, that the materials in English will be

Page 22

1 prepared and provided to me sooner than the materials

2 in the Serbian language, and I'm satisfied with their

3 representations at this time.

4 JUDGE RIAD: I thank you very much. I think

5 we can adjourn the meeting, we can adjourn the

6 proceedings, and the future dates will be fixed. Thank

7 you.

8 --- Whereupon the hearing adjourned at

9 11.45 a.m. sine die

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