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Prosecution Public Redacted Final Trial Brief and Corrigendum

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Prosecution Public Redacted Final Trial Brief and Corrigendum IT-05-87/1-T 6557 D6557 - D6046 19 July 2010 TR THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT-05-87/1-T IN THE TRIAL CHAMBER Before: Judge Kevin Parker, Presiding Judge Christoph Flügge Judge Melville Baird Registrar: Mr. John Hocking Date Filed: 16 July 2010 THE PROSECUTOR v. VLASTIMIR \OR\EVI] PUBLIC PUBLIC REDACTED FINAL TRIAL BRIEF AND CORRIGENDUM The Office of the Prosecutor: Mr. Chester Stamp Ms. Daniela Kravetz Ms. Priya Gopalan Ms. Paige Petersen Ms. Silvia D’Ascoli Mr. Eliott Behar Counsel for the Accused: Mr. Dragoljub\or|evi} Mr. Veljko\ur|i} PURL: https://www.legal-tools.org/doc/dc4d01/ 6556 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA THE PROSECUTOR v. VLASTIMIR \OR\EVI] Case No. IT-05-87/1-T _____________________________________________________________________ PUBLIC PUBLIC REDACTED FINAL TRIAL BRIEF AND CORRIGENDUM ____________________________________________________________________ 1. The Prosecution hereby respectfully submits its Public Redacted Final Trial Brief withAnnexes A toG. The redactions seektoprotect the identities of witnesses subject toprotective measures. 2. The Prosecution has identified several errors in its Brief, which it seeks to correct inthis filing, as detailedbelow. 3. Paragraph171 reads: “Just after the Rambouillet talks had collapsed, at a Serbian Radical Party (SRS) rally in Zemun, Vojislav [e{elj, a deputy Prime Minister of Serbia, statedthat “If NATO bombs us, we Serbs will suffer casualties ₣...ğ but there will be noAlbanians left inKosovo.”1 Duringhis testimonyinrelationto this video, \or|evi} explainedthat: "... parliament duly backedMilo{evi}'s rejectionofthe Rambouillet terms as did the Serb public. Serbia's deputy prime minister revealed what Milo{evi} was planning to do next. If it comes to bombing by the NATO alliance, if an American aggressionhappens, we Serbs will suffersignificant casualties, but there will be no Albanians inKosovo."2 1 P1510;\or|evi},T.1004410045. 2 \or|evi},T.1004410045. Case No. IT05-87/1-T 1 16 July 2010 PURL: https://www.legal-tools.org/doc/dc4d01/ 6555 This paragraphshouldread: “Just after the Rambouillet talks hadcollapsed, at a SerbianRadical Party(SRS) rallyinZemun, Vojislav[e{elj, a deputyPrime Minister of Serbia, statedthat “If NATO bombs us, we Serbs will suffer casualties ₣...ğ but there will be no Albanians left in Kosovo.”3 During his testimony, \or|evi} was shown this video with the following interpretation: "... parliament duly backedMilo{evi}'s rejectionofthe Rambouillet terms as did the Serb public. Serbia's deputy prime minister revealed what Milo{evi} was planning to do next. If it comes to bombing by the NATO alliance, if an American aggressionhappens, we Serbs will suffersignificant casualties, but there will be no Albanians inKosovo."4 \or|evi} testified that he was unaware of Mr. [e{elj's pronouncements at this rally.5 4. Paragraph234, seventhline reads: The Skorpions alsohada Skorpions badge on the beret. This sentence is incorrect as it refers to a previous deployment of the Skorpions in the early1990s. The last sentence of this paragraphreads: The Skorpions carried SAJ identity papers and were paid as SAJ reservists. This sentence should read: The Skorpions were engaged as SAJ reservists. Footnote 520 reads: Stopari}, P493, paras.13,18; K92, T.2748 (closedsession). It should now read: K92,T.2748(closed-session); P86,p.1; D442,p.1. 5. Paragraph542, last sentence reads: The police alsotoldK87where todig, and incases where graves were more dispersedor difficult toidentify, a policeman would show K72 where to exhume by using a flashlight. This sentence should read: The police alsotoldK72 where todig, andincases where graves were more dispersedor difficult to identify, a policeman would show K72 where to exhume by using a flashlight. 6. Paragraph 567, third sentence reads: Thirtyfive to 37 corpses were later exhumedandidentifiedas havingoriginatedfrom Kosovo. This sentence shouldread: K84 stated that 35 to 37 corpses were later exhumed. These bodies were identified as having originated from Kosovo. Footnote 1375 shouldnow read: K84, 3 P1510;\or|evi},T.1004410045. 4 \or|evi},T.1004410045. 5 \or|evi},T. 10046. Case No. IT05-87/1-T 2 16 July 2010 PURL: https://www.legal-tools.org/doc/dc4d01/ 6554 T.2043-2046 (closed session);Baraybar,P453,paras.1617;P818, pp.11-14. This sentence shouldfollow: Sterenberg indicated more concretely that “Postmortem examination indicated a minimum of 48 individuals, mostly adult males”. ₣See Sterenberg,P815,pp.37, para.1.ğ 7. At page 105, footnote 1030 reads: T.4483,4908; P809,p.4, paras.1 3;P810,pp.34. This footnote shouldread: Hyseni, P809,p.4;P810,pp.3-4. 8. At page 126, footnote 1277 reads: Bucaliu,P825,pp.34; Zatriqi,T.8319; P672,pp.56,10. This footnote should read : Bucaliu,P825,pp.34; Zatriqi,T.3830; P672,pp.56,10. 9. At page 202, footnote 2173 reads: P338,p.6. See Peraj,T.1341. This footnote shouldread: P338,p.6. See Stojanovi}, D724,p.22. 10. At pages 289290, references toP1595infootnote 3228 shouldread: P1595(MFI). 11. At page 304, footnote 3336 reads: P815, pp.3135; K84, T.5225-5226(closed session). This footnote shouldread: \or|evi}, T.9973-9975; P1508; P815, pp.31-35. 12. At page 336, footnote 3585 reads: See Part V, Section(C)(1)(f). This footnote shouldread: See Part V, Section(C)(1)(g). 13. Three under seal exhibits cited in the footnotes were not identified as non public exhibits. Inorder toclearly identifythe nonpublic status of these exhibits, the followingfootnotes have been amendedtoinclude reference to “under seal”: • Reference to exhibit D113 in footnote 1337 has been amended to read “D113(under-seal)”; • Footnote 1150 has beenamendtoread: K73,P332,pp.91-92(under-seal); and • References toexhibit P370infootnotes 1377, 1384, 1392, 1395, 1399,1400and 3310 have beenamendedtoread“P370(under-seal)”. Case No. IT05-87/1-T 3 16 July 2010 PURL: https://www.legal-tools.org/doc/dc4d01/ 6553 14. In order to preserve the public character of these proceedings and avoid unnecessaryredactions tothe maintext of the brief, the Prosecutionhas amendedthe followingfootnotes toreplace the references toP370withP370A, the public redacted versionof this exhibit: • At page 141, footnote 1390reads: K88,P370A,paras.22,30;T.1985;P371,pp. 6 7(under-seal). The truckis 4V onP370,p.14. This footnote has beenamended to read: K88,P370A,paras.22,30;T.1985;P371,pp. 67 (under-seal). The truck is 4V onP370A,p.14. • Footnote 1393 reads: K88,P370,para.23. This footnote has been amended to read: K88,P370A,para.23. • Footnote 1396 reads: K88,P370,para.26. This footnote has been amended to read: K88,P370A,para.26(under-seal). • Footnote 1397 reads: K88,P370,para.31. This footnote has been amended to read: K88,P370A,para.31. • Footnote 1398 reads: K88,P370,para.27,29(under-seal);T.1981;T.1986. This footnote has beenamendedtoread: K88,P370A,para.27,29;T.1981;T.1986. • At page 141, footnote 1399 reads: K88,P370,para.27;Map P370,p.14. This footnote has been amended to read: K88,P370,para.27(under-seal);Map P370A,p.14. • At page 142, footnote 1400 reads: K88,P370paras.2829,p.14(map);T.1986 1988. He identified the uniform wornbythe driver as #4onP32. This footnote been amended to read: K88, P370, paras.2829 (under-seal); P370A, p.14 (map); T.19861988. He identified the uniform worn by the driver as #4 on P32. 15. Several references toprivate or closedsession testimonywere not identifiedin the footnotes. Inorder toclearlyidentifythe non-public character of this testimony, the followingfootnotes have beenamendedtoinclude reference toprivate or closed session: • Footnote 838 has beenamendedtoread: 6D2,T.1219712198(closed-session); • Footnote 1645 has been amended to read: See P1127;P1128; Riedlmayer, T.7540. 6D2acknowledgedthat religious sites andproperties were damaged, includingthe mosques inVelika Kru{a andLandovica (6D2,T.12308(closed- session)); Case No. IT05-87/1-T 4 16 July 2010 PURL: https://www.legal-tools.org/doc/dc4d01/ 6552 • Footnote 1878 has beenamended to read: K83, T.383; Veljkovi}, T.7046,7048 (private-session), 7049; • Footnote 2775 has beenamendedtoread: See e.g., P350; P1316; P1317; P970; P898; See also P1285; 6D2,T.12444(closed-session);P1548,p.2; • Footnote 3022 has beenamendedtoread: K92,T.27832784(closedsession); \or|evi},T.9957 9958(private-session); • Footnote 3077 has been amended to read: Miti}, T.127589;K86, T.5123(closed-session); Maisonneuve, P851, paras.33,47; T.54705471; P864; • Footnote 3094 has beenamendedtoread: K86, T.5191(closed-session); and • Footnote 3274 has been amended to read: See e.g. K84,T.2191(closed- session). Wordcount: 1075 Wordcount of Final Trial Brief: 118,623 Chester Stamp Senior Trial Attorney Datedthis 16th Dayof July2010 The Hague, The Netherlands Case No. IT05-87/1-T 5 16 July 2010 PURL: https://www.legal-tools.org/doc/dc4d01/ 6551 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT-05-87/1-T IN THE TRIAL CHAMBER Before: Judge Kevin Parker, Presiding Judge Christoph Flügge Judge Melville Baird Registrar: Mr. John Hocking Date Filed: 30June 2010 THE PROSECUTOR v. VLASTIMIR \OR\EVI] PUBLIC/REDACTED FINAL TRIAL BRIEF The Office of the Prosecutor: Mr. Chester Stamp Ms. Daniela Kravetz Ms. Priya Gopalan Ms. Paige Petersen Ms. Silvia D’Ascoli Mr. Eliott Behar Counsel for the Accused: Mr. Dragoljub\or|evi} Mr. Veljko\ur|i} PURL: https://www.legal-tools.org/doc/dc4d01/ 6550 I. INTRODUCTION..........................................................................................................................1
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