Milosevic Transcript 2002-03-01

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Friday, 1 March 2002

[Closed session]

(redacted)

(redacted) ¹³⁴⁴ Pages 1344 to 1431 redacted, closed session.

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(redacted)

[Open session]

JUDGE MAY: I would refer to the schedule, which I hope everyone's got a copy of, for the proposed sittings next week. We propose sitting rather longer hours, if we begin at half past nine. You've seen this, Mr. Nice, have you?

MR. NICE: In fact, not. I don't know why not.

JUDGE MAY: Copies for the Prosecution?

MR. NICE: It had reached someone, apparently, in our office. It just hasn't reached me yet. Thank you very much.

JUDGE MAY: What is proposed is that on Monday, we should sit rather longer, until 5.00. Thereafter next week, we will be sitting at 9.00, apart, obscurely, I see, on what's described as Friday. I don't know why on Friday we're not sitting at 9.00. But in any event, next week, apart from Monday, we'll be sitting at 9.00 and only sitting in the mornings.

Then for the weeks beginning the 11th of March, 18th of March and the 25th of March until Thursday the 28th, it's proposed we sit at 9.30. We then sit until 5.00.

The reason that we're doing that is because the length of time which this case is taking and is likely to take. It's therefore necessary ¹⁴³³ to have some extra time.

Now, we've heard no submissions about it. I understand Mr. Milosevic may have something to say on the matter, but I'll begin with you. Is there any reason, as far as the Prosecution are concerned?

MR. NICE: I'm sorry I hadn't had an opportunity or I hadn't taken it to consider the document in advance. Obviously, we'll do everything we can to assist and we're grateful for the opportunity to have more court time.

It remains, actually, a substantial burden of work on the entire team to keep these days full, but we will do our best and let you know if we find any real reason for asking for shorter periods. We will do our best, but it is very difficult.

JUDGE MAY: There are a large number of witnesses --

THE INTERPRETER: Microphone, Your Honour.

JUDGE MAY: Thank you. There may be -- and there may be more, of course.

MR. NICE: Indeed. Yes, certainly. I think that which is probably obvious to the Trial Chamber but differs from the experience in domestic courts is that each witness - or most witnesses - represent a substantial amount of work before they come to trial, and perhaps it's the case with Kosovan witnesses that it's even longer than with other witnesses, and so there is a great deal of work that is being done. The team is doing its best and gets in early to do so and works until very late to do so. We will simply do our best and let you know if those are difficulties that we can't face. ¹⁴³⁴

JUDGE MAY: We reiterate again that the timetable is one we must adhere to if at all possible, no matter how long things take. If at all possible, we must try to finish these sections of the case in the various dates that we've designated. I'll point that out as an objective.

MR. NICE: We realise that's an objective, but --

THE INTERPRETER: Microphone, Mr. Nice.

MR. NICE: We realise that, of course, as an objective, but must remind the Chamber that all estimates of times given were given on a different expectation and on the expectation that the accused would not be taking part. I'm very happy to see that he is taking part, but when the time estimates were given, they were given without that knowledge.

JUDGE MAY: Is there anything, Mr. Wladimiroff, you'd like to raise since we're dealing with timetables and the like?

MR. WLADIMIROFF: No, Your Honour.

JUDGE MAY: Thank you. Mr. Milosevic, is there something you want to raise on this?

THE ACCUSED: [Interpretation] Yes, I did want to say something in respect of the timetable. This is the third one that I have received, but that doesn't matter, it's not important. Let me be quite clear at the outset: I'm not asking for anything except I merely wish to make you aware of some facts with respect to the timetable. If the end of our work by the end of March is 5.00 p.m., if the working day is to finish at 5.00 p.m. until the end of March, that, in practical terms, means that as I have to get up, according to my timetable, at 7.00 a.m., I have to be ready by 8.00 a.m. for transport and ¹⁴³⁵ I get back, at the earliest, at 6.00, get back to the prison at 6.00 p.m. at the earliest, from 6.00 to 8.30 is the only time in which I can use the telephone, which means two and a half hours in the evening, which means that I have been -- that I won't be able to use my two hours of fresh air per day, which is the right of every detainee, and the guards also complain of not having enough fresh air. But with these longer working hours, I will not have a chance to go out into the fresh air. During those two and a half hours, I will have to have something to eat and to hear my family over the phone. So I will not have an opportunity to go out into the fresh air, to have any exercise, any food, or any personal needs. And the possibility I have to communicate with my associates will also be restricted, because that time has been limited to 8.30, when everything closes down. So I won't be able to use the public phone box which exists in the corridor either after that time. Let me repeat: I make no requests, I don't ask for anything, but I want it to be known what conditions I have been placed in, and if this is a way to abuse and mistreat the accused, then I would like to have this understood in this way, because in the time that I have at my disposal, I'm not able to see to my basic human needs, especially as you intend to have this last endlessly. But a human being does have the need to breathe fresh air, to eat, and to communicate. As I say, let me repeat, I'm not asking for anything. I just want this to be noted.

[Trial Chamber confers]

JUDGE MAY: We'll consider what the accused has said and obviously ¹⁴³⁶ it is something we will take into account. One compromise might be to sit at 9.00 and stop at 4.30 or to rearrange the hours in some other way. But we'll look at it.

Unless there are any other matters, half past nine Monday morning.

MR. NICE: No other matters save I think next week the Chamber intend -- or may have intended to hear argument about 92 bis and may also have intended to hear argument about the scope of cross-examination. In respect to both topics, papers are either in or are shortly to be in from the amici and from the Prosecution. I've already asked that, if there is to be legal argument, it shouldn't be on Friday of next week or indeed on Friday of the following week because on each of those days I either shan't be here or shall have to be leaving early.

JUDGE MAY: Very well. We'll bear that in mind. Half past nine Monday morning

--- Whereupon the hearing adjourned at 3.47, to be reconvened on Monday, the 4th day of March, 2002, at 9.30 a.m.