Case No.IT-95-5
1
- (10.00)
- MR GOLDSTONE: Your Honours,
I appear, together with the
- Deputy Prosecutor, Mr Blewitt,
and the senior trial
- attorney, Mr Niemann.
- JUDGE McDONALD: The appearance
by the Amicus Curiae?
- MADAM VIDOVIC:(original
in Bosnian): Vasvija Vidovic.
- JUDGE KARIBI-WHYTE: We are
having a problem.
- MR GOLDSTONE: There is no
English translation from the
- Serbo-Croat.
- JUDGE KARIBI-WHYTE: Will
Mr Prosecutor now present his
- Application?
- MR GOLDSTONE: Your Honour,
with your Honour's leave I will
- ask Mr Blewitt to present the Application
on our
- behalf.
- Your Honour, last week this Tribunal's
other
- Trial Chamber granted an application
by the Prosecutor
- relating to the deferral by the
Government of the
- Republic of Bosnia and Herzegovina
of its investigations
- and prosecutions into alleged crimes
committed by
- Bosnian Croat forces against the
civilian population of
- the Lasva River Valley in Central
Bosnia.
- The present application before
this Trial Chamber
- is a proposal by the Prosecutor
for the Government of
- the Republic of Bosnia and Herzegovina
to defer other
- investigations and prosecutions
to the Tribunal. On
2
- this occasion, the Prosecutor is
seeking to have the
- Bosnian Government's investigations
into the alleged
- criminal activities of Radovan Karadzic,
Ratko Mladic
- and Mico Stanisic transferred to
the Tribunal.
- This particular deferral application
is in
- conformity with the Prosecutor's
policy to investigate
- the individual criminal responsibility
of persons in
- positions of superior authority
and control. This
- policy includes the investigation
of individuals who
- gave the unlawful orders to commit
crimes over which
- this Tribunal has jurisdiction.
The policy also
- includes the investigation of criminality
based on the
- doctrine of command responsibility,
which, in the
- context of this case, refers to
the investigation of
- persons in positions of superior
authority who fail or
- failed to prevent the criminal behaviour
or to deter the
- unlawful behaviour of their subordinates.
This imputed
- responsibility applies if the person
in superior
- authority knew or had reason to
know that the
- subordinates were about to commit
or had committed
- crimes and yet failed to take the
necessary and
- reasonable steps to prevent the
commission of such
- crimes or to punish those who had
committed them.
- I would now like to just outline
the extent of the
- Prosecutor's investigation in this
particular case.
3
- When the Office of the Prosecutor
became
- operational in mid-1994, a significant
focus of the
- initial investigations involved
persons in positions of
- authority who were responsible for
serious violations of
- international humanitarian law in
the former
- Yugoslavia. This is still the current
situation, and
- will continue to be the case.
- In relation to allegations that
such serious
- violations have been committed by
Bosnian Serbs in
- Bosnia and Herzegovina, the investigations
by the Office
- of the Prosecutor have concentrated
on the individual
- criminal responsibility of the leadership
of the Bosnian
- Serb administration in Pale.
- In relation to these investigations,
the
- Prosecutor is investigating a wide
range of allegations
covering offences within the competence of the Tribunal,
- including genocide, serious offences
against civilians,
- such as murder, rape, torture and
other acts of cruelty,
- as well as the destruction of cultural
and historical
- property and monuments. These same
offences are also
- being investigated by the authorities
of the Government
- of the Republic of Bosnia and Herzegovina,
but I will
- deal with that issue later in these
submissions. In all
- of the Tribunal's investigations
involving allegations
- against Bosnian Serbs, the alleged
criminal
4
- responsibility of Radovan Karadzic
and Ratko Mladic has
- been a central focus from the outset,
and in more recent
- times, the investigations have included
Mico Stanisic.
- The Prosecutor has already issued
indictments
- against other individuals for genocide,
murder, rape,
- mistreatment of civilians, torture
and other offences
- arising from the operation of detention
camps and from
- attacks on unarmed civilians. In
relation to these
- indictments, the Prosecutor is further
examining the
- individual criminal responsibilities
for those crimes of
- persons in leadership positions,
including Radovan
- Karadzic, Ratko Mladic and Mico
Stanisic.
- One significant investigation being
undertaken by
- the Prosecutor, but which at this
stage has not resulted
- in the issue of indictments, relates
to the protracted
- siege of Sarajevo, where allegations
include past and
- continuing unlawful shelling and
sniping incidents. As
- a result of such incidents, many
thousands of civilians
- have been killed and injured. Non-military
buildings,
- such as hospitals and cultural structures,
have also
- been unlawfully targeted. In particular,
the Prosecutor
- is investigating the alleged deliberate
and systematic
- sniping campaign directed against
the civilian
- population, including the elderly
and young children, as
- well as the commission of sexual
assaults, other attacks
5
- on civilians (for example, whilst
travelling in trams,
- standing in bread lines and attending
funerals). Other
- alleged offences being investigated
by the Prosecutor
- relate to the unlawful attacks upon
members of
- humanitarian agencies, the United
Nations peacekeeping
- forces, humanitarian aid convoys
and manned aircraft at
- Sarajevo Airport. In the Sarajevo
investigation, the
- Prosecutor is examining the individual
criminal
- responsibility of persons in leadership
positions, in
- particular Radovan Karadzic and
Ratko Mladic.
- It is stated in the schedule attached
to the
- Prosecutor's application in this
case that "Radovan
- Karadzic was born on 19th June 1945
in the municipality
- of Savnik of the Republic of Montenegro.
He is, by
- profession, a psychiatrist, who
worked in the
- Neuro-psychiatric Clinic of the
University Medical
- Centre in Sarajevo. He was a founding
member, and
- President, of the Serbian Democratic
Party, of what was
- then the Socialist Republic of Bosnia
and Herzegovina.
- After the first multi-party elections
in the Republic,
- Radovan Karadzic emerged as the
leader of the dominant
- political party among the Bosnian
Serbs and played an
- active part in the national political
life of the
- country, emphasising Serbian nationalist
sentiments.
- Radovan Karadzic is one of the main
architects of that
6
- party's political programme involving
extreme
- nationalist and ethnic policies
and objectives. Radovan
- Karadzic became the first President
of the Bosnian Serb
- administration in Pale. The constitution
of this
- administration provides that the
President commands its
- armed forces. Radovan Karadzic exercises
his power and
- control from Pale, a town near Sarajevo.
Radovan
- Karadzic has acted as, and has been
dealt with
- internationally as, the President
of the Bosnian Serb
- administration in Pale. In that
capacity, Radovan
- Karadzic has, amongst other things,
participated in
- international negotiations and has
personally made
- agreements on such matters as ceasefires
and
- humanitarian relief that have, in
fact, been
- implemented."
- In relation to the suspect Ratko
Mladic, he was
- born in 1943 in the Republic of
Bosnia and Herzegovina.
- He is a career military officer
and gained his first
- command in 1965. In the summer of
1991, he was
- appointed to command the 9th Corps
of the Yugoslav
- People's Army, otherwise known as
the JNA. This was in
- the Knin area of the Republic of
Croatia. Subsequently,
- he assumed command of the forces
of the Second Military
- District of the JNA, which effectively
became the
- Bosnian Serb Army. In that capacity
he has negotiated,
7
- among other things, ceasefire and
prisoner exchange
- agreements that have in fact been
implemented.
- Both Radovan Karadzic and Ratko
Mladic have been
- appraised repeatedly, through international
media
- reports, reports of governments
and non-governmental
- organisations, and through reports
and resolutions of
- the United Nations and other international
organisations, of the criminal acts amounting to
- violations of international humanitarian
law allegedly
- committed by forces under their
control. Part of the
Prosecutor's investigations involves the apparent
- failure of these two suspects to
take the necessary and
- reasonable steps to prevent or repress
the commission of
- such crimes or to punish those who
have committed them.
- The third suspect named in the Prosecutor's
application, Mico Stanisic, was born on 30th June 1954
- near Pale in the Republic of Bosnia
and Herzegovina. He
was the first Minister of Internal Affairs of the
- Bosnian Serb administration in Pale,
and in that
capacity he was responsible for the regular and special
- police forces at both the regional
and local level in
the territory which was under Bosnian Serb control. The
- Prosecutor's investigations involve
allegations that
- those police forces were actively
involved in organising
- a campaign of terror against the
non-Serbian population
8
- of Bosnia and Herzegovina.
- I would now like, your Honours,
to turn to the
- investigations which are currently
being undertaken by
- the Government of the Republic of
Bosnia and
- Herzegovina.
- The Schedule attached to the Prosecutor's
- application in this matter sets
out the nature of the
- investigations being conducted by
the Government of the
- Republic of Bosnia and Herzegovina,
which involves
- investigations into war crimes and
violations of the
- Criminal Law of the Republic, including
genocide, war
- crimes against the civilian population
and the
- destruction of cultural and historical
monuments. A
- number of the persons are named
in these investigations,
- including Radovan Karadzic, the
president of the Bosnian
- Serb administration in Pale; Ratko
Mladic, the military
- commander of the Bosnian Serb armed
forces; and Mico
- Stanisic, the former minister of
internal affairs of
- that administration. National warrants
of arrest have
- been issued in respect of these
named suspects, which
- authorise the detention of the suspects
in custody for a
- period of one month to enable the
Bosnian Government's
- investigations to continue.
- I would now like to address the
Trial Chamber in
- relation to the reasons for the
present application.
9
- Firstly, there is no contest that
the national
- investigations and criminal proceedings
have been
- instituted against Radovan Karadzic,
Ratko Mladic and
- Mico Stanisic by the Republic of
Bosnia and Herzegovina
- for crimes alleged to have taken
place in its
- territory. In our submission, these
national
- investigations and criminal proceedings
involve issues
- closely related to, or otherwise
involve, significant
- factual or legal questions which
may have implications
- for investigations or prosecutions
before this Tribunal.
- Secondly, the Prosecutor of this
Tribunal is
- currently conducting investigations
into crimes within
- the jurisdiction of the Tribunal
that have taken place
- within the territory of the Republic
of Bosnia and
- Herzegovina in which Radovan Karadzic,
Ratko Mladic and
- Mico Stanisic are suspects. These
investigations, as I
- mentioned earlier, commenced in
mid-1994.
- Thirdly, the Minister of Justice
of the Bosnian
- Government has proposed, in a letter
dated 12th December
- 1994, that the Tribunal take over
the investigation of
- Radovan Karadzic and Ratko Mladic.
Further, in their
- written submissions, which were
filed with the Registrar
- of this Tribunal on Monday, 8th
May 1995, the Bosnian
- Government has again proposed that
its own
- investigations be deferred to the
Tribunal, stating that
10
- it does not oppose the issue of
a formal request for the
- deferral of all investigations and
criminal proceedings
- in respect of Radovan Karadzic,
Ratko Mladic and Mico
- Stanisic.
- The fourth reason: it is stated
in paragraph 11
- of those written submissions of
the Government of the
- Republic of Bosnia and Herzegovina
that in the absence
- of a formal request for deferral
that Government intends
- to pursue its investigations of
Radovan Karadzic, Ratko
- Mladic and Mico Stanisic, and will
proceed to trial. It
- is submitted that, from the Tribunal's
point of view,
- this would be undesirable and not
in the interests of
- justice.
- In any event, it is submitted, your
Honours, that
- this Tribunal is the proper forum
to try the suspects
- nominated in the present application,
particularly
- having regard to the gravity of
the crimes under
- investigation by the Prosecutor.
- The fifth reason, your Honours,
is that the
- Prosecutor of this Tribunal, we
submit, is in a better
- position to approach witnesses living
in other countries
- and to conduct interviews outside
the borders of the
- Republic of Bosnia and Herzegovina,
and this is an
- additional reason for a deferral
in this case.
- Sixthly, it is submitted that a
related reason for
11
- granting the present application
is that many of the
- important witness who are located
outside the Republic
- of Bosnia and Herzegovina may be
reluctant to return or
- to travel to Bosnia to testify in
a national trial, and
- accordingly the Office of the Prosecutor
is in a better
- position to collect evidence and
to complete the
- investigations and to present that
evidence before the
- Tribunal.
- Further, it is submitted that the
deferral of the
- Bosnian Government's investigation
in respect of
- Karadzic, Mladic and Stanisic is
likely to encourage or
- enable governments, non-governmental
agencies and other
- sources to furnish evidence and
information to the
- Tribunal that has thus far not been
provided. Following
- the announcement of the two deferral
applications, the
- attitude of some governments and
non-governmental
- organisations have become more positive
towards the
- Tribunal.
- Your Honours, there are several
significant
- implications for the investigations
being undertaken by
- the Office of the Prosecutor, as
well as any subsequent
- proceedings before this Tribunal
if the Government of
- the Republic of Bosnia and Herzegovina
continues
- investigations which are similar
to those being
- conducted by the Office of the Prosecutor.
In this
12
- regard, it is submitted that the
Prosecutor's
- investigations, which have not been
completed, could be
- severely and significantly prejudiced
if the
- investigations and prosecutions
being undertaken by the
- Bosnian Government continue.
- Your Honours, it is likely that
considerable
- confusion may result amongst witnesses
and co-operating
- organisations or governments concerning
the scope and
- authority of parallel investigations
being undertaken by
- the Tribunal and the Bosnian Government.
In this
- regard, there are different rules
and confidentiality
- protections which govern the two
investigations. Of
- greater concern, however, is the
undue burden which is
- placed on witnesses who are interviewed
by different
- investigating bodies, on different
occasions, and the
- resulting possibility of compromising
the credibility of
- witnesses due to the inadvertent
creation of multiple
- statements. It is relevant to mention
in this regard
- that almost all of the statements
being taken by the
- Office of the Prosecutor require
the services of
- interpreters, and this is an added
circumstance which
- could bring about apparent inconsistencies
between
- statements taken by the Prosecutor'
investigators on the
- one hand and by the Bosnian investigators
on the other.
- This burden on witnesses who are
interviewed on multiple
13
- occasions is particularly relevant
to witnesses who have
- suffered trauma and who may be at
physical risk as a
- result of their co-operation. Witnesses
faced with
- these burdens could, in fact, refuse
to co-operate with
- any investigating body at all.
- Separate investigations are also
likely to lead to
- evidentiary problems which may result
from different
- investigative procedures such as
those concerning the
- collection and preservation of evidence,
the taking of
- statements and the questioning of
suspects.
- A third implication for the Tribunal,
your
- Honours, is that, if the Government
of the Republic of
- Bosnia and Herzegovina proceeds
to trial before our
- investigations are completed, it
is likely that there
- may be a number of legal issues
which could have
- implications for those investigations
and for any
- prosecutions before the Tribunal.
These legal
- implications were also raised in
last week's deferral
- application by the Prosecutor, and
they include the
- principle of non-bis-in-idem, which
may arise, pursuant
- to Article 10(2) of the Statute
of the Tribunal, if
- Radovan Karadzic, Ratko Mladic and
Mico Stanisic stand
- trial in the Republic of Bosnia
and Herzegovina.
- The fourth implication, your Honours,
is if the
- persons nominated as suspects in
this application stand
14
- trial in the courts of Bosnia and
Herzegovina, there may
- be legal implications for the Tribunal,
by reason of the
- fact that crucial witnesses, who
will be required to
- testify before the Tribunal, will
be exposed to greater
- risks if their identities and the
evidence they can give
- has already been made public in
a public national trial.
- The fifth implication, your Honours,
is that
- witnesses may be reluctant, or at
least significantly
- inconvenienced, if required to testify
in a subsequent
- trial before this Tribunal after
they have already given
- evidence before a national court.
- Further, there may also be a risk
that important
- evidence, which is being retained
for use in a trial in
- a national court in a war zone within
the Republic of
- Bosnia and Herzegovina, could be
damaged or destroyed
- before it can be secured for use
before this Tribunal.
- Finally, international publicity,
which would
- result from a trial in absentia
or otherwise in a
- national court, may create a perception
of prejudice in
- the minds of the accused, or the
public, and may have
- implications for a fair trial before
the Tribunal.
- I submit, on behalf of the Prosecutor,
that the
- present application is in full compliance
with the
- provisions of the Tribunal's Statute
and Rules and that
- the national investigations and
criminal proceedings in
15
- question involve issues closely
related to, or otherwise
- involve significant factual or legal
questions which may
- have implications for investigations
or prosecutions
- before the Tribunal.
- If your Honours are satisfied that
a deferral in
- relation to this present application
is appropriate,
- having regard to the matters that
have been submitted on
- behalf of the Prosecutor, then pursuant
to Rule 10 of
- the Tribunal's Rules of Procedure
and Evidence, we
- propose that the Trial Chamber issue
a formal request to
- the Government of the Republic of
Bosnia and Herzegovina
- in the following terms, namely:
- (A) In respect of serious violations
of
- international humanitarian law over
which this Tribunal
- has jurisdiction, as specified in
Articles 2, 3, 4 and 5
- of the Tribunal Statute, that the
courts of the Republic
- of Bosnia and Herzegovina defer
to the competence of the
- Tribunal in regard to their investigations
and criminal
- proceedings involving Radovan Karadzic,
Ratko Mladic and
- Mico Stanisic; and
- (B) In regard to all such investigations
of
- Radovan Karadzic, Ratko Mladic and
Mico Stanisic, the
- Tribunal requests that the Government
of the Republic of
- Bosnia and Herzegovina forward to
the Tribunal the
- results of the said investigations
and copies of the
16
- court's records and judgments, if
any.
- They are my submissions, if it please
the Court.
- JUDGE KARIBI-WHYTE: Thank
you very much, Mr Blewitt. I
- think I have just only one point
to clear, and I think
- it is in relation to essential interests
in the
- application, because you opened
your application with a
- statement that the significant focus
of your
- investigation is to go against persons
in positions of
- authority.
- MR BLEWITT: Yes, your Honour.
- JUDGE KARIBI-WHYTE: Since
last August you said that, when
- you started. It would appear that,
in the exercise of
- your right to primacy, this is also
of essential
- interest, and you have now relied
only on our Rules 9(3)
- for the proposition which you have
made, not necessarily
- on 1 and 2, which might not be applicable.
- MR BLEWITT: Yes, your Honour.
- JUDGE KARIBI-WHYTE: Because
a lot of your reasons appear to
- be legal implications that might
arise if the
- investigations were carried out
in a jurisdiction other
- than your own, and, in fact, it
would be better for you
- to take it over and then conclude
the investigation.
- This is the essential focus of your
practice here.
- MR BLEWITT: Indeed, your
Honour. That is, in fact, the
- only basis upon which this application
is based, under
17
- Rule 9(3), your Honour. There is
no evidence or
- information before the Prosecutor's
Office which would
- indicate that sub-paragraphs (1)
and (2) have any
- application at all. In fact, the
investigations being
- undertaken by the Government of
Bosnia and Herzegovina
- themselves relate to crimes of genocide
and war crimes,
- so that I do not think it could
be said, your Honour,
- that those investigations could
be characterised as
- crimes of an ordinary nature.
- Secondly, your Honour, there is
certainly nothing
- to indicate that the investigations
being undertaken by
- the Bosnian Government are in any
way impartial, or lack
- impartiality, I should say, so that
what your Honour
- says is correct, that the sole basis
of the Prosecutor's
- application is under Rule 9(3).
- JUDGE KARIBI-WHYTE: I call
on the Amicus Curiae to make her
- submission.
- MADAM VIDOVIC: (original
in Bosnian): The Government of the
- Republic of Bosnia and Herzegovina
has instituted
- national investigations and criminal
proceedings against
- Radovan Karadzic, Ratko Mladic and
Mico Stanisic.
- JUDGE KARIBI-WHYTE: Excuse
me, there are some technical
- problems.
- MADAM VIDOVIC: (original
in Bosnian): National
- investigations and criminal proceedings
have been
18
- instituted against Radovan Karadzic,
Ratko Mladic and
- Mico Stanisic by the Government
of the Republic of
- Bosnia and Herzegovina in respect
of war crimes and
- violations of the Criminal Law of
the Republic,
- including genocide (Article 141),
war crimes against the
- civilian population (Article 142)
and destruction of
- cultural and historical monuments
(Article 151), alleged
- to have taken place in its territory.
- The Republic is aware that the Prosecutor
of the
- International Criminal Tribunal
is currently conducting
- investigations into crimes within
the jurisdiction of
- the Tribunal that have taken place
within its territory
- of the Republic of Bosnia and Herzegovina
in which
- Radovan Karadzic, Ratko Mladic and
Mico Stanisic are
- suspects.
- Further, the Republic is aware that
national
- investigations and criminal proceedings
involve issues
- closely related to, or other otherwise
involve,
- significant factual or legal questions
which may have
- implications for investigations
or prosecutions before
- the Tribunal.
- The Republic proposes that its investigations
of
- Radovan Karadzic, Ratko Mladic and
Mico Stanisic be
- deferred to the Tribunal.
- The Republic is fully conversant
of the
19
- application being brought by the
Prosecutor of the
- Tribunal for deferral of the Government's
investigations
- and criminal proceedings in respect
of Radovan Karadzic,
- Ratko Mladic and Mico Stanisic.
- The Republic believes that the contents
of the
- said application and attached schedule
dated the 21st of
- April 1995 are true.
- The Republic does not oppose the
issue of a formal
- request by the Trial Chamber for
the deferral of all
- investigations and criminal proceedings
in respect of
- Radovan Karadzic, Ratko Mladic and
Mico Stanisic.
- The Republic will lend its full
support to the
- work of the Tribunal and, to the
extent that this is
- legally possible, comply with requests
made by the
- Tribunal and its Prosecution authority
within their
- competence.
- If the Tribunal addresses to the
Republic a formal
- request for "deferral"
of the criminal proceedings
- presently underway against Radovan
Karadzic, Ratko
- Mladic and Mico Stanisic in respect
of war crimes and
- violations of the criminal law of
the Republic,
- including genocide, war crimes against
the civilian
- population and destruction of cultural
and historical
- monuments, which are currently being
conducted by the
- Government, the competent Republic
authorities will make
20
- available to the Tribunal all knowledge
which has been
- gathered in investigations which
have been carried out
- as well as any which may be gathered
in the future,
- together with copies of the court's
records and
- judgments, if any.
- The Ministry of the Interior of
the Republic has
- issued national warrants of arrest
for Radovan Karadzic,
- Ratko Mladic and Mico Stanisic for
the purposes of the
- investigation.
- The Republic, in the absence of
a formal request
- for deferral issued by the Tribunal,
intends to pursue
- its investigation of Radovan Karadzic,
Ratko Mladic and
- Mico Stanisic and will proceed to
trial. Thank you.
- JUDGE KARIBI-WHYTE: Thank
you very much, Amicus Curiae.
- You have submitted that you have
already issued warrants
- of arrest pursuant to the investigations
against the
- three principal actors. Does that
justify the stage of
- investigations you have already
reached?
- MADAM VIDOVIC: (original
in Bosnian): Yes, indeed, your
- Honour, and in accordance with our
legislation, which is
- slightly different from the Rules
of this Tribunal, I
- can, if need be, present some explanation
on this topic,
- if you believe that this is necessary.
Indeed,
- according to our criminal legislation,
if, following
- judiciary investigation, the Prosecutor
in this case --
21
- this would be the Superior Prosecutor
of Sarajevo --
- believes that there are grounds
to believe that a person
- has committed a crime, the Superior
Prosecutor can then
- issue a warrant for arrest if he
believes that there is
- doubt as to the grounds for believing
this person is
- suspect, or that there are sufficient
grounds they can
- issue a warrant for arrest. In this
case, it seems that
- the suspicion has grounds, is founded,
and, therefore,
- based on the findings thus far,
the suspects which we
- could not bring before our own instances,
nonetheless
- justify the issuance of warrants
for arrest that were
- then given to Interpol.
- JUDGE KARIBI-WHYTE: There
appears to be two grades of
- applications in Bosnia-Herzegovina.
There is one before
- the Higher Court, and there is also
the one before the
- District Military Tribunal. Are
both of them directed
- towards the same thing or two different
things?
- MADAM VIDOVIC: (original
in Bosnian): No. According to our
- legislation, because the crimes
were perpetrated in war
- time, as concerns certain of these
crimes, the
- jurisdiction was that of the Military
Tribunal. This
- means that at that time -- and I
emphasise "at that
- time" -- the Military Tribunal
had jurisdiction, whereas
- for other crimes the Superior Tribunal
of Sarajevo had
- jurisdiction.
22
- As regards the present case, investigations
are
- not only under way regarding these
three suspects, but
- also concerning other suspects as
well.
- JUDGE KARIBI-WHYTE: Very
well, thank you. Thank you very
- much.
- JUDGE JORDA: (original in
French): Thank you,
- Mr President. I would like to address
my questions to
- the Prosecutor and to Amicus Curiae.
First, to the
- Prosecutor, since he must demonstrate,
in accordance
- with Article 9, the relationship
between the
- investigations being conducted in
the Republic of
- Bosnia-Herzegovina and his own investigations
-- and
- this you have done, for which I
thank you -- I wish to
- ask you whether the investigations
conducted by your
- Office are the same as those being
conducted by the
- judiciary authorities of Bosnia-Herzegovina?
May I add
- to my question, in your application
you talk about three
- investigations that are very specific:
the protracted
- seizure of Sarajevo, offences or
attacks on humanitarian
- agencies and on elements of UNPROFOR.
Are the only
- investigations that are common with
those of the
- Republic of Bosnia-Herzegovina,
these that are
- mentioned, or are there other investigations
as well as
- those that are concurrently being
conducted?
- MR BLEWITT: If your Honour
pleases, the investigations
23
- being undertaken by the Prosecutor's
Office in many ways
- overlaps that being undertaken by
the Government of the
- Republic of Bosnia and Herzegovina.
The crimes which
- your Honour has just mentioned,
namely the siege of
- Sarajevo, the attacks on humanitarian
aid convoys, and
- the United Nations peacekeeping
forces, when I was
- mentioning those, your Honour, they,
in fact, relate to
- the investigation into the siege
of Sarajevo.
- The Prosecutor's investigation,
as it relates to
- the investigation of the Bosnian
Serb leadership, is
- certainly not restricted to the
investigations of the
- siege of Sarajevo, but is related
to the entire
- criminality that has occurred throughout
the Republic.
- Your Honour should be aware that
indictments have
- already been issued in relation
to crimes committed by
- people in the Prijedor area and
the Vlasenica area. The
- Prosecutor has also announced publicly
that we are
- investigating crimes in relation
to the events in
- Bosanski Samac. They are but a few,
your Honour, and,
- in fact, the Prosecutor's investigations
are extensive.
- The investigations being undertaken
by the Bosnian
- Government are also aimed at persons
in positions of
- command responsibility. That is
the same focus of the
- investigations being undertaken
by the Prosecutor's
- Office, and to that extent, your
Honour, both
24
- investigations do overlap, and it
is for that primary
- reason that we are seeking deferral
in this particular
- case.
- JUDGE JORDA: (original in
French): Thank you, Prosecutor.
- Does this mean that in the other
investigations, even
- those for which you have presented
indictments, you will
- extend those investigations to those
persons in
- positions of authority?
- MR BLEWITT: Yes, your Honour,
most definitely.
- JUDGE JORDA: (original in
French): I would like to ask an
- additional question, Prosecutor,
before turning to
- Amicus Curiae. The requested deferral
is based and
- grounded on the preservation of
evidence and the need to
- ensure the security of the witnesses'
testimony. Can
- you tell us if, in concert, in collaboration
with the
- Republic of Bosnia-Herzegovina,
these measures have
- already been taken to protect these
witnesses, who must
- be known in the course of the investigations
conducted
- by Bosnia and Herzegovina?
- MR BLEWITT: Your Honour,
to the extent that is possible
- and feasible, all steps have, in
fact, been taken in
- co-operation with the Bosnian Government
to protect any
- witnesses that are likely to give
evidence in any
- Prosecution before this Tribunal.
- JUDGE JORDA: (original in
French): Thank you. With your
25
- permission, Mr President, I would
like to ask a question
- to Amicus Curiae. Do you agree with
the presentation
- made by the Prosecutor of what qualifies
or
- characterizes the authority of the
three suspects, or do
- you have any other information which
you can contribute,
- particularly as regards the Bosnian
Serb
- administration?
- MADAM VIDOVIC: (original
in Bosnian): I am in full
- agreement with the presentation
made by the Prosecutor,
- your Honour. I might add that all
acts perpetrated on
- the territory of the Republic of
Bosnia-Herzegovina was
- done according to a plan that was
designed and approved
- by the three suspects.
- JUDGE KARIBI-WHYTE: This
is the end of this session. The
- Tribunal will rise now and assemble
at 10.00 am tomorrow
- to deliver a decision.
- (10.50)
- (Tribunal adjourned)