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IT-95-5/18-T 52264 D52264 - D52240 21 July 2011 TR INTERNAL MEMORANDUM - MEMORANDUM INTERIEUR United Nations Date: 21 July 2011 Case No: IT-95-5/18-T Nations Unies To: Judge O-Gon Kwon, Presiding À: Judge Howard Morrison Judge Melville Baird Judge Flavia Lattanzi, Reserve Judge International Alan Tieger, Senior Trial Attorney for the Prosecution Criminal Tribunal for the former Hildegard Uertz-Retzlaff, Senior Trial Attorney for the Prosecution Yugoslavia Radovan Karad`i}, Accused Tribunal Pénal Richard Harvey, Standby Counsel International pour l’ex-Yougoslavie Copy: Nolwenn Guibert, Legal Officer Copie: From: Ram Doraiswamy, Court Officer De: Subject: Registry Minutes on Site Visit Conducted Between 17 May and 20 May 2011 Objet: Public Pursuant to the Trial Chamber’s Confidential “Decision on Site Visit” (“Decision”) filed on 28 January 2011, and subsequently re-classified as a Public document on 24 May 20111, a representative of the Court Management and Support Services section (“CMSS”) was ordered to, “accompany the Chamber to maintain an accurate and detailed record of the site visit and to ensure that the appended protocol is observed.” The Decision further ordered that the record is to indicate the “locations viewed and/or visited, the date and time at which the locations were viewed and/or visited, and any observations” made pursuant to the protocol appended thereto. CMSS hereby attaches the Minutes of the Site Visit with the approval of the Trial Chamber. 1 Order Lifting Confidentiality of Decision on Site Visit and Related Pleadings, 24 May 2011. Case No.: IT-95-5/18-T 52263 THE PROSECUTOR V. RADOVAN KARADŽI] IT-95-5/18-T Site Visit - Registry Minutes Trial Chamber: Judge O-Gon Kwon, Presiding Judge Howard Morrison Judge Melville Baird Judge Flavia Lattanzi, Reserve Judge Ms. Silva Hinek, Legal Officer Mr. Harshan Athureliya, Associate Legal Officer Investigator / Site Visit Coordinator: Mr. Ljubomir Jovanović, Investigator Office of the Prosecutor: Ms. Carolyn Edgerton, Trial Attorney Defence: Mr. Marko Sladojevi}, Legal Adviser Registry Court Management and Support Services: Mr. RamDoraiswamy, Court Officer Registry Interpreter: Mr. Darko Bartula Case No.: IT-95-5/18-T 2 Site Visit 17-20 May 2011 – Registry Minutes 52262 SiteVisitDay 1 –17 May2011 Location 1: 08:46 to 08:49 Vilsonovo Šetalište Vilsonovo Šetalište NA Vilsonovo Šetalište is a street spreading for several kilometres along the Miljacka River from the Sarajevo neighbourhood of Dolac Malta to Vrbanja Bridge - mainly in the Marindvor neighbourhood. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The Prosecution explained that the area is closed on weekends and evenings for pedestrians. The Miljacka River was also seen and so too the Elektroprivreda building behind the River. The site was proposed by the Defence. Location 2: 08:46 to 08:49 Vilsonovo Šetalište Building Elektroprivreda N43.8522 E18.38638 Elektroprivreda-Electric Distribution Building, Vilsonovo Šetalište 15. The building houses the Headquarters of the public company for generation, distribution and sale of electricity Elektroprivreda Bosne i Hercegovine, which was established on 30 August 1945. The Defence suggested that the delegation observe the building from both sides of the Miljacka River. The Trial Chamber agreed to the proposal. The delegation also had the opportunity to observe the area in relation to Hotel Bristol, another site on the agenda. The site was proposed by the Defence. Location 3: 08:49 to 08:54 Vilsonovo Šetalište Hotel Bristol N43.85277 E18.38972 New Hotel Bristol, Fra Filipa Lastrića Street is located in the area of Vilsonovo Šetalište in the Novo Sarajevo Municipality, approximately 300 metres from the Elektroprivreda building towards the city centre. The site was proposed by the Defence. A short stop at the site allowed the delegation an opportunity to observe the site and to walk around the area. The high-rise buildings surrounding the Hotel were observed. The Trial Chamber was shown the front line represented by the Miljacka River by the Prosecution. The Prosecution indicated that Vilsonovo Šetalište marked the defensive lines of the ABiH, and by crossing over to the other side of the River, the defensive lines of the Bosnian Serb forces could be observed. Also according to the Prosecution no man’s land lay between the water and the buildings. The Defence indicated that Miljacka River was not the defensive line for its entire course, but only up to a certain point. The Trial Chamber was also shown the area where the barricades had been set up at the intersection. Opposite the Hotel Bristol the Trial Chamber also observed a shelled building. The Defence also proposed to see the other side of the Hotel Bristol and Elektroprivreda. The delegation walked to the intersection of Hotel Bristol and Elektroprivreda, to observe the area known as “Sniper Alley” – Zmaja Od Bosne Street in relation to the aforementioned buildings as well as the Faculty of Mathematics. It was agreed that the buildings are located in an area before Sniper Alley. Case No.: IT-95-5/18-T 3 Site Visit 17-20 May 2011 – Registry Minutes 52261 Location 4: 08:53 to 08:55 Marindvor -Zmaja od Faculty of Mathematics N43.85416 E18.39444 Bosne Faculty of Mathematics and Natural Sciences, Zmaja od Bosne Street 33-35 is located in the Marindvor neighbourhood, across Maršal Tito Barracks, approximately half a kilometre towards the city centre from the Hotel Bristol. A short stop at the site provided the Trial Chamber an opportunity to observe the site and also the Maršal Tito Barracks. Location 5: 08:53 to 08:55 Marindvor -Zmaja od Former Maršal Tito Barracks N43.85666 E18.39527 Bosne Former Maršal Tito Barracks is located along Zmaja od Bosne Street. One quarter of the premises now houses the American Embassy. The site was observed from the location of the Faculty of Mathematics on the other side of the main avenue. It is located approximately 600 metres to the West of the Holiday Inn Hotel. Location 62: 09:03 to 09:18 Marindvor -Zmaja od Museum N43.85444 E18.40250 Bosne The Museum, Zmaja od Bosne street 3, is located approximately 800 metres from the previous sites, viz, the Former Maršal Tito Barracks and in the direction of the city centre. A stop at the site allowed the delegation an opportunity to have an overview of the sites in the vicinity, and to walk around specific area identified by the Parties. The delegation first approached the area near the parking lot area of the Museum, at the intersection between the Museum and the Faculty of Philosophy; the Prosecution explained that this was the scene of six (6) Scheduled Sniping Incidents, of which five (5) involved sniping on a tram, and the sixth involved sniping of a pedestrian. The Maršal Tito Barracks is located to the West of where the delegation stood to observe the site, and to the East is the American Embassy3, the Technical School is located to the North where the delegation stood and the Holiday Inn to the South (opposite to where the delegation stood), part of the Unis Towers could be seen below a bus shelter. Across the Street, a little to the East of the Unis Towers is a Church called “Sveti Josip” or St, Joseph’s Church, and the Faculty of Philosophy is to the North-East. The Trial Chamber also observed the Museum of BiH (also called the “Zemaljski Muzej”). The Assembly Building is located immediately East of the Faculty of Philosophy. Vrbanja Street, which is the road that leads to the Vrbanja Bridge, begins at the next traffic light on the other side of the BiH Assembly and Executive Council Buildings. The Sveti Josip Church is in the area in the Marindvor. The area begins at the intersection of the Unis Tower Buildings. The Pofalići neighbourhood is located to the West where the delegation stood to observe the site. It runs from the Zmaja od Bosne Street, and goes over the South up the hill. The Four White Skyscrapers on the South-side of the Miljacka River were referred to as the Skyscrapers on Lenjinova Street, now known as Grbavica (or Grbavička) Street. One of the skyscrapers will be visited later on in the visit. The pathway along the river leads down to Vilsonovo Šetalište, i.e., to the South. Walking a little further eastwards on the same road, the delegation could clearly see both the Unis Towers (nicknamed ‘Momo’ and ‘Uzeir’), and between the two towers the State Hospital was also visible. At the Prosecution’s invitation the delegation walked to the middle of the intersection between the Museum and the Faculty of Philosophy and looked directly southwards, down Franje Račkog Street. The building seen directly in front, on the opposite side of the Miljacka River is the Metalka Building. By turning around and looking north, the “S-Curve” was immediately visible. The 5km marking on the pole indicates that the trams have to travel at the speed of 5 km/h to traverse the “S-curve.” The Trial Chamber observed a tram approach, and traverse the “S-curve.” The 2 Encompasses Locations 6 to 10. 3 The Defence, in passing pointed out that behind the American Embassy is the Railway and Bus Stations. Case No.: IT-95-5/18-T 4 Site Visit 17-20 May 2011 – Registry Minutes 52260 Defence conceded that they were mistaken by the US Map as to the location of the “S-Curve”, which places it further away.4 The Prosecution noted that there is currently a traffic light that has been recently installed opposite the “S- Curve” that allows the trams to cross the “S-Curve” safely.