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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
----------------------------------------------
ROSALIE SIMON, et al
Plaintiffs,
vs.
THE REPUBLIC OF HUNGARY,
MAGYARALLAMVASUTAK Art,
and RAIL CARGO HUNGARIA Zrt
Defendants.
Case No: 1:10-cv--01770-BAH
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Hearing of Laszlo Csatary
Hearing in Hungarian conducted through the Interpreter
At the:
Buda Kozponti
Keruleti Birosag
Budakeszi ut 51/B
1021 Budapest Hungary
on:
Tuesday, 4th June, 2013, at 9:00 a.m.
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APPEARANCES:
For Plaintiffs:
Mr. Charles S. Fax with Mr. Andras Hanak
Rifkind, Livingston, Levitan & Silver
7879 Old Georgetown Road, Suite 400
Bethesda, Maryland 20814
(301) 951-0150
For the Defendants:
Mr. Konrad Lee Cailteux
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153-0119
(212) 310-8904
Laszlo Istvan Nagy
Amber Christina Wessels
Laszlo Nanyista
Virag Heinzellmann
Aniko Fazekas - Legal Advisor, Ministry of
Development
Also Present:
Maria Mesterhazy-Kostic - Interpreter
Kay Hendrick - Court Reporter
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2 (9:00 a.m. Tuesday, 4th June 2013)
3 The proeedings were conducted through the Interpreter
4 Maria Mesterhazy Kosticne
5
6 JUDGE KERI: The lady is present here on
7 behalf of the Court in the US, so it is just -- the
8 situation is just like the one we have in Hungary when
9 a recorder of the Hungarian court records the
10 proceeding of the hearing we are hearing. Once we are
11 talking about the recording of voice and pictures, let
12 me say that according to the rules effective in
13 Hungarian courts, it is only the members of the court
14 who can be recorded in pictures and voice. Recording
15 about the rest of the people present here can be done
16 only if they give their approval to it. Is there
17 anyone who wouldn't like -- who would like to
18 challenge the case, to challenge recording of voice
19 and pictures in any way? So do all present -- do all
20 those who are present here approve of that?
21 (Agreement by all present)
22 And the answer has been positive. The Judge
23 records it now for the purposes of the minutes so that
24 all people present here approve of being recorded, of
25 being their voices and pictures recorded.
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1 Could I have the ID cards and passports of
2 one person on both sides, please, and then the Judge
3 will inform you about the contents of a document about
4 the health status of the person to be heard.
5 On the basis of the Hungarian prosecutor law
6 witnesses normally don't turn up when accompanied by
7 their legal representative because witnesses are asked
8 about their experiences, what they themselves have
9 seen or experienced or lived through. However, with
10 the Treaty of the Hague, on the basis of which this
11 hearing is taking place, it is possible that the
12 witness should have a legal representative as well.
13 The legal representative is the gentleman who is
14 present here and he is authorized to give any
15 statement in this regard with the exception of the
16 statement to be given by the witness, because
17 obviously he was not present when the events asked
18 about took place.
19 The first question raised to this gentleman
20 was exactly the question that you have asked before:
21 "Couldn't you have informed us about this
22 somewhat earlier please?"
23 Medical documentation contains personal data
24 and information. However, we may say that on 27th May
25 he was admitted to the hospital and this may be stated
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1 without violating any personal rights. Is he in the
2 hospital?
3 MR HORVATH: No, he is not there any more.
4 He is staying at home right now. From the medical
5 certificate you can see that it was not just having a
6 cold.
7 JUDGE KERI: Can't you see any possibility
8 or opportunity for hearing him?
9 MR HORVATH: Well, today I am afraid --
10 THE INTERPRETER: It was negative.
11 MR HORVATH: People who are nursing him sent
12 this document to me this morning and they said that he
13 was not -- his health status was not up to it. His
14 condition was not proper for a hearing.
15 JUDGE KERI: If the hearing took place in
16 his home there wouldn't be so many people present.
17 Four people could just go there.
18 MR HORVATH: I can ask him, but can I have a
19 minute for it, please?
20 (Mr Horvath left the courtroom)
21 MR FAX: Your Honor, may I ask a question?
22 JUDGE KERI: The language of this hearing is
23 Hungarian, so please, I understand what you ask but
24 please use the Interpreter.
25 MR FAX: I would like to ask if the attorney
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1 could identify himself on-the record with his name and
2 his address and telephone number and e-mail.
3 JUDGE KERI: His ID card is right here so
4 could I ask for your kind patience for a minute and
5 right away I will record his particulars. (Pause) Dr
6 Gabor Horvath is the name of his legal representative,
7 his lawyer.
8 (Mr Horvath returned to the courtroom)
9 MR HORVATH: For the time being they say
10 that he is not in the condition which would be
11 adequate, neither from the physical aspect and from
12 the intellectual aspect either.
13 MR FAX: Your Honor, may I ask the witness a
14 few questions?
15 JUDGE KERI: You can ask.
16 MR FAX: I would like to ask, if I may, the
17 witness a few questions?
18 THE INTERPRETER: To the Legal
19 Representative you mean?
20 MR FAX: Yes.
21 MR HORVATH: I am afraid I will not be able
22 to answer.
23 MR FAX: No, no, about the circumstances
24 today.
25 MR HORVATH: Right.
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1 MR FAX: Did he say "yes"?
2 MR HORVATH: "Right", he said. Yes.
3
4
5
6
7
8
9 Mr Gabor Horvath
10 Examined by Mr Fax
11 MR FAX: Am I correct that the witness,
12 Mr Laszlo Csatary, is under custody of the police?
13 MR HORVATH: Now he is forbidden to leave
14 his home.
15 MR FAX: Is there a police guard at the
16 home?
17 MR HORVATH: No, he is checked once in a
18 week.
19 MR FAX: When he went to the hospital on
20 May 27th did the police go with him?
21 MR HORVATH: No.
22 MR FAX: Were the police notified?
23 MR HORVATH: As far as I know he informed
24 the police, yes.
25 MR FAX: He personally informed the police
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1 or the police were informed by somebody else?
2 MR HORVATH: I don't know about that. It
3 was not me who informed them for sure.
4 MR FAX: To the best of his understanding
5 was that done on May 27th?
6 MR HORVATH: I don't know.
7 MR FAX: Were the police informed, to the
8 attorneys knowledge, when Mr Csatary went back from
9 the hospital to his home?
10 MR HORVATH: The police was notified by the
11 Court.
12 MR FAX: The police was notified --
13 THE INTERPRETER: The police was informed or
14 notified by the Court, he said.
15 MR FAX: By the Court of what?
16 MR HORVATH: The Central District Court of
17 Buda, the Judge responsible for the investigation.
18 JUDGE KERI: Because there is also a penal
19 procedure that he is the subject of.
20 MR FAX: Right. So the Court was notified
21 that Mr Csatary was in the hospital and then had been
22 released from the hospital?
23 MR HORVATH: No, there is no need for
24 permission to be issued by the Judge to do that.
25 MR FAX: Right. I am just asking whether
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1 the Court was notified, was told?
2 MR HORVATH: No, it is not necessary.
3 MR FAX: But the police were told?
4 MR HORVATH: Yes, of course they were,
5 because the police checks him once in a week so they
6 have to be informed.
7 MR FAX: So when did Mr Csatary go back from
8 the hospital to his home?
9 MR HORVATH: I don't know. I don't know
10 this precisely.
11 MR FAX: Has he been there at home for a few
12 days?
13 MR HORVATH: As far as I know he has been at
14 home for a day or two.
15 MR FAX: Has the attorney personally visited
16 him at home since Mr Csatary went home from the
17 hospital?
18 MR HORVATH: No, I didn't.
19 MR FAX: So how did the attorney get a
20 notice from the nurse that Mr Csatary was unable to be
21 here today?
22 MR HORVATH: Last night they gave me a ring
23 on the phone and this morning they forwarded these
24 documents.
25 MR FAX: I see. By facsimile?
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1 MR HORVATH: No, they brought in person.
2 MR FAX: And this is a nurse who has written
3 this note?
4 MR HORVATH: You mean the medical
5 certification?
6 MR FAX: Yes.
7 MR HORVATH: I am afraid I have no idea. I
8 didn't look into it in quite some details. I presume
9 it may be the doctor who attends to him.
10 JUDGE KERI: Let me interrupt for a second.
11 There is a medical certification. This has been
12 completed by the hospital, and a document which has
13 been submitted. This was signed by Mr Csatary
14 himself, and in this document there is a statement in
15 writing. In this one he refers to the subject areas
16 that are covered by the questions. I haven't been
17 able to read it through myself either, but according
18 to my initial perception these are references to some
19 events that happened in 1944. Right now we have this
20 single copy but we can give copies of this document to
21 the parties concerned.
22 MR FAX: May I ask what his medical
23 condition is that prevents him from being here this
24 morning?
25 JUDGE KERI: Would the Legal Representative
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1 provide us with some accurate answers to this?
2 MR HORVATH: I don't know anything more than
3 the contents which are figured there in writing.
4 JUDGE KERI: Because he has been referred to
5 the hospital by the following statement: A weakness
6 of the extremities and uncertain -- unsure --
7 uncertain ability to walk. I think these are the
8 phenomenona that we could avoid if we heard him in his
9 home.
10 MR FAX: I mean that would certainly be
11 agreeable to us, your Honor.
12 JUDGE KERI: Then let me ask the following
13 question: Those who are here and do not come from
14 Hungary, how long do you stay here still, how many
15 days do you spend here?
16 MR FAX: I have a return flight tomorrow
17 morning but I could change it.
18 MR CAILTEUX: We also have a return flight
19 tomorrow morning.
20 JUDGE KERI: I think the costs have been
21 quite enough on both sides so if we could go there and
22 hear him the day after tomorrow.
23 MR HORVATH: Well, I was told that it will
24 be possible in the second half of the week.
25 JUDGE KERI: But the Legal Representative is
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1 uncertain about it.
2 THE INTERPRETER: As far as I am concerned I
3 am open to the idea of going there, says the Judge.
4 JUDGE KERI: Nevertheless, irrespective of
5 this, we may even be faced with the situation that
6 either on Thursday or Friday the witness may feel
7 sick.
8 MR FAX: Perhaps -- apparently the witness
9 has given us a written statement, if we could have a
10 chance once it is copied to review the statement that
11 may give us a better basis on which to make an
12 evaluation.
13 JUDGE KERI: In a minute a copy will be
14 generated. The paper is in Hungarian. Then I think
15 we do not have any more questions to be raised. Do
16 you, Mr Legal Representative?
17 MR HORVATH: Should I by all means
18 communicate that providing still in this week?
19 JUDGE KERI: Well, let's wait for a while.
20 MR FAX: I just have one more question, if I
21 may to the attorney. Without asking the contents of
22 any conversation, since Mr Csatary went into the
23 hospital until now has the attorney spoken directly to
24 Mr Csatary?
25 MR HORVATH: No, I didn't. I communicated,
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1 or I spoke only with his nurses, nurses and people who
2 provide care for him or look after him.
3 MR FAX: If I may ask before he went into
4 the hospital when was the last time that you were able
5 to speak to Mr Csatary?
6 MR HORVATH: Well, when we were at a hearing
7 at the Office of Prosecution responsible for
8 investigations when we had the last -- when we had a
9 hearing there I met him.
10 MR FAX: And when was that?
11 MR HORVATH: It was some time in the middle
12 of May but I am afraid I cannot tell you the precise
13 date right now.
14 MR FAX: In the middle of May?
15 MR HORVATH: In the middle of May. The
16 documents were presented this week at the Office of
17 Prosecution responsible for investigations. Yesterday
18 they began to do it but he couldn't turn up there
19 either.
20 JUDGE KERI: And would he have any
21 obligation to be present at an event of a similar kind
22 related to the case, to the penal case that he is the
23 subject of?
24 MR FAX: Sorry, I misunderstood. Mr Csatary
25 is obligated to be at the hearing or not?
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1 MR HORVATH: You mean at the hearing where
2 he is a suspect, where a suspect is heard?
3 MR FAX: Yes.
4 MR HORVATH: Yes, of course. It's natural.
5 JUDGE KERI: This is why I have asked
6 whether perhaps it would be possible that we joined in
7 either before or after the hearing?
8 MR FAX: Which is scheduled when?
9 MR HORVATH: Well, I am afraid what happens
10 this week will be the presentation of documents, that
11 is the contents of some documents will be presented
12 and on that occasion he is not obliged to be present.
13 JUDGE KERI: Could I have the following
14 proposal, because I have the perception that
15 Mr Csatary's health condition is rather uncertain, so
16 let me ask if we tried to find or identify a new date
17 it is natural, everyone has the right to use legal
18 representation from abroad, but then it is clear that
19 substantial costs which may not be necessary could
20 come up if legal representatives come here, so
21 everybody to send his Hungarian representative to be
22 present and then we would shorten the option that has
23 been stated by the Treaty of the Hague, because it
24 happens in such a manner that the Ministry is the
25 central legal authority and they mediate, the Ministry
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1 mediates between the two parties -- sorry, excuse
2 me -- between the two courts.
3 This means that only once in a month, that
4 is monthly, we can identify a new date, this is the
5 minimum, so that the notifications in the US should
6 take place, should happen as well, and if Mr Csatary
7 indicated that his health status is adequate then
8 right away we could go there within a shorter deadline
9 involving the representatives who can be mobilized in
10 Hungary. This has been a proposal. It is natural
11 that if you adhered or stick to the idea then we would
12 identify a new date which then can be the beginning of
13 July at the earliest or in September. We don't have
14 to decide about this right now. You can consider it.
15 MR FAX: First of all I want to thank the
16 Court very much for your efforts and your ideas. I
17 would like to read his statement which probably will
18 help guide us in our decision.
19 JUDGE KERI: Right. And on the side of the
20 defence, the Defendants' side?
21 MR CAILTEUX: I think we also would like to
22 read the statement but then perhaps if you could take
23 a short break in the proceedings to be able to do
24 that.
25 JUDGE KERI: In a minute. We will wait for
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1 the colleague to return to have the copies.
2 MR CAILTEUX: Thank you. We would also like
3 to thank the Court for the assistance that it has
4 given. I think, at least momentarily, your suggestion
5 about trying to set up a new date mobilizing, at least
6 the Hungarian attorneys that we have present here, may
7 well be acceptable to us.
8 JUDGE KERI: Right. Then we will wait for
9 my colleague to deliver the copies and during the
10 break you can study its contents.
11 MR FAX: Thank you.
12 JUDGE KERI: It will be in Hungarian so you
13 will need to use the assistance of your colleagues.
14 It can be explained when referring to this document
15 that he denies these events, he denies stated facts.
16 I don't know whether the Legal Representative has read
17 the questions?
18 MR HORVATH: Yes.
19 JUDGE KERI: The first 19 refer to these
20 persons. I don't think he denies his position.
21 MR HORVATH: As far as his position is
22 concerned it is also a subject of a debate in the
23 penal procedure.
24 JUDGE KERI: You should be given a copy.
25 There are three defendants so the three of you who are
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1 sitting here would like to have copies.
2 THE INTERPRETER: The gentleman refers to
3 the four names who represent the Defendant of the
4 first instance and that of the second instance, some
5 representative state and Magyar, the Hungarian railway
6 company. And Rail Cargo Hungaria, a closed joint
7 stock company is also represented, they represent the
8 Defendant of the third instance.
9 JUDGE KERI: For the purposes of the minutes
10 we have all the names on the list and if you wish you
11 can have a copy of those.
12 MR FAX: In terms of the Plaintiffs'
13 judgment regarding another hearing I will probably
14 have to consult with my co-counsel, so I may or may
15 not be able to provide an answer right now after
16 looking at the --
17 JUDGE KERI: Yes, it is natural. Besides
18 the question of when you can come again the most
19 important question is whether Mr Csatary will be in a
20 condition which is adequate for a hearing. He can not
21 refuse the hearing, but he could by a medical
22 certification he could prove or he could make his
23 answer effective.
24 MR FAX: Do I understand that the written
25 statement that is being photocopied now was written by
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1 Mr Csatary?
2 JUDGE KERI: This is a document which was
3 generated by a computer. It was -- the text was
4 entered in a computer and has been signed by
5 Mr Csatary.
6 MR FAX: Ah, thank you.
7 JUDGE KERI: As far as the questions are
8 concerned I presume that the defence have also studied
9 the questions. There is an error in the translation
10 because the list of questions was referred to in the
11 text as questions of the person charged, or for the
12 person charged who is not charged yet because this is
13 not a penal procedure right now.
14 THE INTERPRETER: But this is not a penal
15 procedure, she said. This is a procedure being
16 conducted according to the civil code, civilian.
17 MR HANAK: If I may, the are not criminal
18 defendants, they are defendants in a civil procedure.
19 JUDGE KERI: Thank you. Shall we have a
20 break now? How long should it be?
21 MR FAX: 10 minutes.
22 JUDGE KERI: Is that enough for the
23 translation?
24 MR CAILTEUX: 15.
25 MR FAX: Fifteen is fine. I'm with Konrad.
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1 JUDGE KERI: We shall carry on at 10.00
2 o'clock.
3 THE INTERPRETER: The Legal Representative
4 is asking whether he is needed any more, and the Judge
5 is asking whether anyone would have any more questions
6 raised to him.
7 MR FAX: I don't think so, your Honor.
8 THE INTERPRETER: The Judge records that
9 there are no further questions to be raised to the
10 Legal Representative of the witness and his presence
11 at the -- in the proceedings is not needed any more
12 now.
13 MR FAX: Thank you.
14 MR HORVATH: If there is a new date shall we
15 receive a new notification?
16 JUDGE KERI: Yes, of course.
17 MR HANAK: Right at the very beginning a
18 very narrow circle of people could go to see him even
19 today, so this would be the third option.
20 JUDGE KERI: It seems all concerned could go
21 there today.
22 MR FAX: Yes.
23 JUDGE KERI: The only question is whether
24 Mr Csatary can receive us.
25 MR HORVATH: He spoke with the person
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1 looking after him now and he said, this person said
2 that for the time being he is not in a suitable
3 position for this, a suitable condition --sorry, a
4 suitable condition.
5 MR FAX: Excuse me, could I get one more
6 copy of this? Are you out of copies? (Handed to Mr
7 Fax) Thank you.
8 JUDGE KERI: Does he consider tomorrow as a
9 suitable date or time for the hearing?
10 MR HORVATH: No, they said that they were
11 going to examine this afternoon as well and then they
12 will see.
13 JUDGE KERI: But in this way it seems to be
14 quite certain, so that now we are not able to identify
15 a new date.
16 MR FAX: Will counsel report back to the
17 Court after the examination this afternoon, because I
18 don't understand what happens?
19 JUDGE KERI: No, he doesn't have to. When a
20 witness has excused himself with a medical document
21 then he can not be sanctioned.
22 MR FAX: No, I didn't ask about sanctions.
23 JUDGE KERI: I have asked this question only
24 because if he were in a better condition right now
25 maybe this afternoon he could be seen.
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1 MR FAX: I understand. So my question is
2 will we get information about that later?
3 MR HORVATH: This afternoon if it is late I
4 cannot inform the Court any more today, but tomorrow
5 morning I can give them a ring.
6 JUDGE KERI: This would mean that if in the
7 near future there would be a hearing it could take
8 place in his home.
9 MR HORVATH: Excuse me, then I sit for
10 another minute.
11 JUDGE KERI: Yes, please do. I think we
12 will have some information about this tomorrow morning
13 at the earliest. This means we can not overlook the
14 order of procedure which is prescribed to us by the
15 Treaty of the Hague. But then could I ask the lady
16 who is present here on behalf of the court in the US
17 how long are you staying here?
18 COURT REPORTER: My flight is tomorrow at
19 5.15.
20 JUDGE KERI: So I don't see some very great
21 chances for having another proceedings like this.
22 MR FAX: I have one question, if I may,
23 about the statement. I am told that on page 1, number
24 1, it's the second page but page 1, in bold letters
25 above the date 1942 I understand that Mr Csatary
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1 states in Hungarian that he does not wish to testify
2 and that this is going to be his only statement -- and
3 that this is going to be his only statement.
4 THE INTERPRETER: You are asking?
5 MR FAX: I am stating, I am paraphrasing
6 what he is saying.
7 THE INTERPRETER: I understand.
8 JUDGE KERI: This is what the Hungarian text
9 says.
10 MR FAX: And that is what it says?
11 JUDGE KERI: That he doesn't intend to give
12 an oral statement.
13 MR FAX: And that this is his only
14 statement?
15 MR NAGY: That is not there.
16 MR FAX: What does it say?
17 THE INTERPRETER: "It is not my intention to
18 give an oral statement and I give the statement
19 below."
20 MR FAX: Okay. Fine. Thank you. My
21 question to counsel is, is that his understanding
22 regarding his client's position?
23 JUDGE KERI: If you can communicate about
24 this with your client because then you could tell us
25 whether this was his intention.
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1 MR FAX: In other words, what I am really
2 getting at is assuming that we were to reconvene, we
3 are all together, Mr Csatary appears, would we get any
4 more information than he has already provided?
5 MR HORVATH: I spoke with a person looking
6 after him and he said that he interpreted this in the
7 following way, he has obligation to be present but he
8 is not obliged to give a statement.
9 JUDGE KERI: His presence when he turns up
10 this is voluntary, this is what the duty of the Hague
11 says. It is also a fact that the procedure has to
12 take place according to the Hungarian law, but the
13 Hungarian process of law has to be observed and used
14 in this procedure. This means that the witness can be
15 sanctioned if he doesn't come, with the exception if
16 he supports his reason for not turning up with a
17 medical document, with a medical certification which
18 reflects that he couldn't come.
19 MR FAX: So is it the attorney's
20 understanding that if we were to reconvene and
21 Mr Csatary were well enough to appear, and he did
22 appear, nevertheless, he would not testify beyond the
23 written statement that he has already provided?
24 MR HORVATH: I don't know this, but it is
25 highly probable that he would state or explain the
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1 contents which figure here in writing.
2 JUDGE KERI: Mr Legal Representative, do you
3 also represent Mr Csatary in the penal procedure?
4 MR HORVATH: Yes, I do. I am his Legal
5 Representative ordered to do that by the Hungarian
6 State. The document of the case covers several
7 thousand pages.
8 JUDGE KERI: Couldn't we replace the hearing
9 by the following, that the Court in the penal
10 proceedings would make available quite some parts of
11 the documentation of the case which we already have in
12 writing. I also have some information in person about
13 the fact that he was heard very many times in the
14 scope of the penal proceedings. The Judge knows in
15 person that he was heard several times in the scope of
16 the penal proceedings and the investigation has been
17 concluded.
18 MR FAX: Are those documents that are
19 publicly available, are they available to us?
20 JUDGE KERI: No, they aren't. It can be
21 made available upon the action taken by the Court in
22 the US acting in the scope of this case, in the scope
23 of legal aid. That is if the Court asked for legal
24 assistance or a legal aid then in the scope of this
25 legal aid or assistance it can be made available. The
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1 claimants themselves cannot look into it but -- sorry,
2 the claimants themselves cannot do this, excuse me,
3 but if the Court in the US applies for it, this in the
4 scope of legal assistance or legal aid they can do
5 that.
6 MR FAX: Meaning that the court in Hungary
7 will release the documents to the court in the United
8 States?
9 JUDGE KERI: I cannot give you a firm answer
10 to this question right now because I am not a judge in
11 penal proceedings, but I know that in the legal
12 civilian procedures these functions among countries of
13 the European Union and among other countries beyond
14 that as well.
15 MR FAX: Pursuant to the Hague Convention?
16 MR HORVATH: Yes, given the fact that in
17 relation to the US it is only the Treaty of the Hague
18 that can be effective in this context. Yes.
19 MR FAX: That may work. It may.
20 JUDGE KERI: Could I ask for your kind
21 patience for a minute?
22 MR FAX: Of course.
23 JUDGE KERI: I think it would be more
24 expedient.
25 MR HORVATH: Let me note that right now the
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1 documents stay with the Office of Prosecution and will
2 remain there for 60 days. 6-0.
3 JUDGE KERI: I wouldn't like you to have the
4 wrong information. Legal aid in commercial and
5 civilian and commercial cases, this is also the title
6 of the Treaty of the Hague. We can think of the
7 option regarding penal cases there is a Treaty as
8 well, but right now I cannot give a statement
9 regarding this, I mean regarding whether there is one
10 or there isn't. According to the opinion of Mr Legal
11 Representative, but in relation to Canada as well,
12 such an agreement was used but this is also contained
13 in the documents of the Prosecution Office.
14 MR NAGY: Can the court see any chance for
15 the civilian court contacting the penal court on this
16 matter, because if there is a parallel penal procedure
17 there may be an option for acquiring some documents
18 from the penal court. This could be done by the
19 civilian court.
20 JUDGE KERI: The minutes are about the
21 hearing of Mr Csatary as a suspect in the penal
22 procedure, so the document would be about his hearing
23 as a suspect because there he was a suspect which took
24 place in the penal procedure. This was suggested,
25 this was raised -- this idea was raised by the Legal
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1 Representative of the Defendant.
2 We can also think of the option that I
3 contact the authority acting in this case. They will
4 look for the documents and then involving the Ministry
5 as well. This could be mailed to the Court in the US
6 and then the parties would read those and then after
7 that they could decide whether there is any more
8 information that seems to be missing still. Then you
9 can have some further requests as well but, indeed,
10 there have been quite a number of hearings and it is
11 also possible that these aspects have already been
12 revealed.
13 Mr Legal Representative has also said that
14 his position, his post at that time was also a topic
15 in the penal process. One of the key points of that
16 penal procedure is that he was in command, whether he
17 was a commander there or whether he was just a simple
18 officer in position.
19 MR HORVATH: And I think regarding questions
20 of this kind there are some exhaustive answers in the
21 minutes of the hearing which took place there.
22 JUDGE KERI: By hearing, the minutes cover
23 15 to 20 pages each. Can we please have a break so we
24 can read the paper because those speaking English may
25 not have the chance to look into it properly, it is 10
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1 past 10 right now?
2 MR NAGY: We will need 20 minutes for sure
3 so shall we meet at half past?
4 JUDGE KERI: Fine.
5 MR FAX: Sure.
6 JUDGE KERI: On the ground floor you can
7 have a glass of water or a cup of coffee perhaps.
8 MR FAX: Thank you.
9 (Short Recess)
10 JUDGE KERI: I have made copies available of
11 the list available. This is a list of names who
12 represent which party, but we will make corrections in
13 it.
14 THE INTERPRETER: The lady has indicated
15 some corrections.
16 JUDGE KERI: Proceeding forward I would have
17 a question. Unfortunately Mr Legal Representative is
18 not present any more but it is possible that the
19 parties present have also noticed this just like I
20 did. Mr Csatary's name is spelt in a special manner
21 because one time it ends in a "Y" and another time it
22 ends in an "I". Under his signature which figures at
23 the end of his statement it is spelt with an "I" but
24 in his own signature we can find a "Y" at the end of
25 his name, because at this court there is also a penal
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1 process which is conducted against him, but within my
2 own scope of authorization I can also check the right
3 spelling of his name as well.
4 And from now on I would be pleased to hear
5 your response to my suggestion, because you initiated
6 the hearing of the witness. So this kind of
7 information provided via the documents, would you
8 consider this sufficient -- could I please request for
9 your kind patience for a second because the lady here
10 has just indicated to me that because of the loud
11 voice in the back it cannot be heard well.
12 MR FAX: Thank you, your Honor, again for
13 your consideration and for your diligence and work in
14 this matter. During the break defence counsel had the
15 opportunity to read the statement, translated into
16 English, and we also on behalf of the Plaintiffs
17 reviewed the statement translated into English. After
18 each side had read the statement I met with defence
19 counsel, Mr Cailteux representing defendants Hungary
20 and MAV, and Miss Wessels, representing Defendant Rail
21 Cargo Hungaria, and we discussed the next steps. We
22 agreed that from a practical standpoint it seemed
23 highly unlikely that Mr Csatary would appear tomorrow
24 and so we agreed to indicate to the Court that we are
25 comfortable suspending this proceeding after today's
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1 hearing.
2 I indicated to each lawyer that from the
3 Plaintiffs standpoint I do not want to totally
4 surrender the opportunity to examine Mr Csatary in
5 this court, so as a procedural matter I would like to
6 reserve the right, if deemed appropriate at a later
7 point, to request that we reconvene. However, as a
8 practical matter all three of us agreed that the
9 discussion that the Court conducted before the break
10 concerning the possibility of obtaining access to the
11 record of the criminal examinations might be the most
12 effective way to complete this process.
13 I understood that the Court indicated that
14 you might be prepared to request the documentation
15 from the criminal authorities and then release it to
16 us or, perhaps, make it available to us on a
17 confidential basis, and all counsel are in agreement
18 that this process sounds reasonable, it sounds like
19 what we should do, and in order to assist you in that
20 process if you would like I could issue another letter
21 rogatory through the Federal Judge in Washington?
22 THE INTERPRETER: To or on behalf of
23 Washington?
24 MR FAX: To the Court in Washington. And in
25 the letters rogatory ask the Court to ask you for
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1 production of those documents on one basis or another.
2 Would that be an acceptable procedure?
3 JUDGE KERI: Yes, I think that this would be
4 the most sensible -- most sensible mode of procedure,
5 and it is important to clarify that parties cannot
6 have such a request. It is only the Court initiating
7 the procedure which can make this step.
8 MR FAX: Yes.
9 JUDGE KERI: Mr Counsel has just mentioned
10 that you have reconciled but let me, nevertheless, ask
11 the Defendants side do you agree with this procedure,
12 proposal?
13 MR CAILTEUX: On behalf of MAV and Hungary
14 we have no objection to the procedure.
15 MS WESSELS: On behalf of Rail Cargo
16 Hungaria we have no objections.
17 JUDGE KERI: I would have one more question.
18 First we would acquire, collect the documents and in
19 the meantime, if my understanding is right, let us not
20 notify Mr Csatary again because we can also think of
21 the option that the documents would be sufficient
22 enough, or would you ask it right away now, that is to
23 say to identify a new date?
24 MR FAX: I do not think that's necessary,
25 no.
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1 JUDGE KERI: Right. I, too, believe that it
2 is more reasonable, more sensible to study it first
3 and in case you asked for it, nevertheless, then the
4 order of the procedure will have to be followed and
5 observed still, so via the court initiating the
6 process because also the Court has the opportunity to
7 send anyone who should be present at these
8 proceedings, in other words it will not be avoided.
9 Then I think this is the agreement between the
10 parties, and the next step will be made at the time
11 when we receive notification or a request to establish
12 contact from the Court in the United States.
13 MR FAX: Yes.
14 JUDGE KERI: Thank you very much. Is there
15 anyone who would like to present something, say or
16 raise something?
17 MR CAILTEUX: If I may, your Honor, I would
18 just like to thank you for taking the time to hear us.
19 If only the courts in the United States was as
20 efficient as you.
21 THE INTERPRETER: I did not hear the last
22 part.
23 MR CAILTEUX: I wanted to thank her and say
24 if only courts in the United States were as efficient
25 as her.
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1 JUDGE KERI: Unfortunately we have not been
2 very sufficient.
3 MR CAILTEUX: It is "efficient".
4 THE INTERPRETER: We have not been very
5 efficient. Accept my apologies, please.
6 JUDGE KERI: Because we cannot just stand
7 up, gather together and go over to Mr Csatary's place
8 and hear him there, so unfortunately today we have not
9 been able to hear him. The minutes will be mailed by
10 the Ministry to all parties concerned as well. The
11 proceedings have been recorded in the minutes
12 comprehensively so I sincerely hope that nothing has
13 been missed. Irrespective of this according to the
14 order of procedures in Hungarian court proceedings the
15 parties still have the right to suggest some
16 corrections or give some remarks regarding the
17 contents.
18 Thank you very much for being here.
19 MR FAX: Thank you, your Honor.
20 MR CAILTEUX: Thank you, Your Honor.
21 (Off the record at 11:00 a.m.)
22 ------ooo------
23
24
25
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1 CERTIFICATE OF COURT REPORTER
2
3 I, KAY HENDRICK, a Real-time Reporter of London,
England, hereby certify that the testimony of the
4 witness LASZLO CSATARY in the foregoing
transcript, taken on Tuesday, June 4th 2013, was
5 recorded by me in machine shorthand and was
thereafter transcribed by me; and that the foregoing
6 transcript is a true and accurate verbatim record of
the said testimony.
7
8 I further certify that I am not a relative,
employee, counsel or financially involved with any
9 of the parties to the within cause, nor am I an
employee or relative of any counsel for the parties,
10 nor am I in any way interested in the outcome of the
within cause.
11
12
13
14
15 Signed: ........................
16 KAY HENDRICK
17 Dated: June 10th 2013
18
19
20
21
22
23
24
25
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A
a.m 1:21 3:2 33:21
ability 11:7
able 6:21 10:17 13:4 15:23
17:15 20:14 33:9
abroad 14:18
Accept 33:5
acceptable 16:7 31:2
access 30:10
accompanied 4:6
accurate 11:1 34:6
acquire 31:18
acquiring 26:17
acting 24:22 27:3
action 24:21
address 6:2
adequate 6:11 15:7 17:20
adhered 15:11
admitted 4:25
Advisor 2:16
afraid 5:9 6:21 10:7 13:12
14:9
afternoon 20:11,17,25 21:3
agree 31:11
agreeable 11:11
agreed 29:22,24 30:8
agreement 3:21 26:12 30:17
32:9
Ah 18:6
aid 24:23,24,25 25:4 26:4
al 1:3
Amber 2:14
Andras 2:3
Aniko 2:16
answer 3:22 6:22 17:15,23
25:9
answers 11:1 27:20
apologies 33:5
apparently 12:8
appear 23:21,22 29:23
APPEARANCES 2:1
appears 23:3
applies 25:3
appropriate 30:6
approval 3:16
approve 3:20,24
areas 10:15
Art 1:6
asked 4:7,17,20 14:5 20:23
24:23 32:3
asking 8:25 12:21 19:4,5 22:4
aspect 6:11,12
aspects 27:11
assist 30:19
assistance 16:3,13 24:24,25
25:4
assuming 23:2
attends 10:9
attorney 5:25 9:15,19 12:21
12:23
attorney's 23:19
attorneys 8:8 16:6
authorities 30:15
authority 14:25 27:3
authorization 29:2
authorized 4:14
available 24:10,19,19,21,25
28:10,11 30:16
Avenue 2:11
avoid 11:8
avoided 32:8
B
back 8:8 9:7 20:16 29:11
basis 4:5,10 12:11 30:17 31:1
began 13:18
beginning 15:12 19:17
behalf 3:7 21:16 29:16 30:22
31:13,15
believe 32:1
best 8:4
Bethesda 2:5
better 12:11 20:24
beyond 23:22 25:13
Birosag 1:16
bold 21:24
break 15:23 16:10 18:20
27:23 29:14 30:9
brought 10:1
Buda 1:15 8:17
Budakeszi 1:17
Budapest 1:18
C
Cailteux 2:10 11:18 15:21
16:2 18:24 29:19 31:13
32:17,23 33:3,20
Canada 26:11
card 6:3
cards 4:1
care 13:2
Cargo 1:7 17:6 29:21 31:15
carry 19:1
case 1:8 3:18 13:22,22 24:6
24:11,22 27:3 32:3
cases 26:5,7
cause 34:9,10
central 8:16 14:25
certain 20:14
certainly 11:10
certificate 5:5 34:1
certification 10:5,11 17:22
23:17
certify 34:3,8
challenge 3:18,18
chance 12:10 26:14 27:25
chances 21:21
change 11:17
charged 18:11,12,12
Charles 2:3
check 29:2
checked 7:17
checks 9:5
Christina 2:14
circle 19:18
circumstances 6:23
civil 18:16,18
civilian 18:16 25:12 26:5,15
26:19
claimants 25:1,2
clarify 31:5
clear 14:18
client 22:24
client's 22:22
closed 17:6
co-counsel 17:14
code 18:16
coffee 28:7
cold 5:6
colleague 16:1,9
colleagues 16:13
collect 31:18
COLUMBIA 1:1
come 11:13 14:20,20 17:18
23:15,18
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comfortable 29:25
command 27:16
commander 27:17
commercial 26:4,5
communicate 12:18 22:23
communicated 12:25
company 17:6,7
complete 30:12
completed 10:12
comprehensively 33:12
computer 18:3,4
concerned 10:21 12:2 16:22
18:8 19:20 33:10
concerning 30:10
concluded 24:17
condition 5:14 6:10 10:23
14:15 17:20 20:3,4,24
conducted 1:12 3:3 18:16
29:1 30:9
confidential 30:17
consider 15:14 20:8 29:8
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consult 17:14
contact 27:3 32:12
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contained 26:12
contains 4:23
contents 4:3 11:3 12:21 14:11
16:10 24:1 33:17
context 25:18
Convention 25:15
conversation 12:22
copied 12:10
copies 10:20 16:1,9 17:1 20:6
28:10
copy 10:20 12:13 16:24 17:11
20:6
correct 7:11
corrections 28:12,15 33:16
costs 11:20 14:19
counsel 20:16 22:21 29:14,19
30:17 31:9 34:8,9
countries 25:12,13
course 9:4 14:4 19:16 25:22
court 1:1 2:20 3:7,9,13 8:11
8:14,15,16,20 9:1 15:16
16:3 20:17 21:4,16,18 24:9
24:21,23 25:3,6,7 26:14,15
26:15,18,19 27:5 28:25
29:24 30:5,9,13,24,25 31:6
32:5,6,12 33:14 34:1
courtroom 5:20 6:8
courts 3:13 15:2 32:19,24
cover 27:22
covered 10:16
covers 24:6
criminal 18:17 30:11,15
Csatary 1:11 7:12 8:8,21 9:7
9:16,20 10:13 12:22,24 13:5
13:24 15:6 17:19 18:1,5
19:24 21:25 23:3,21 24:3
26:21 29:23 30:4 31:20
34:4
Csatary's 14:15 28:20 33:7
cup 28:7
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D
data 4:23
date 13:13 14:16 15:4,12
16:5 19:14 20:9,15 21:25
31:23
Dated 34:17
day 9:14 11:22
days 9:12 11:15 26:2
deadline 15:8
debate 16:22
decide 15:14 27:7
decision 15:18
deemed 30:6
defence 15:20 18:8 29:14,18
Defendant 17:3,8 27:1 29:20
defendants 1:7 2:9 15:20
16:25 18:18,18 29:19 31:11
deliver 16:9
denies 16:15,15,20
details 10:8
Development 2:16
diligence 29:13
directly 12:23
discussed 29:21
discussion 30:9
District 1:1,1 8:16
doctor 10:9
document 4:3 5:12 10:12,14
10:20 16:14 18:2 20:20
23:17 24:6 26:22
documentation 4:23 24:11
30:14
documents 9:24 13:16 14:10
14:11 24:18 25:7 26:1,13,17
27:4 29:7 31:1,18,21
Dr 6:5
duty 23:10
E
e-mail 6:2
earlier 4:22
earliest 15:13 21:13
effective 3:12 17:23 25:18
30:12
efficient 32:20,24 33:3,5
efforts 15:16
either 6:12 10:17 12:6 13:19
14:7
employee 34:8,9
ends 28:21,22
England 34:3
English 27:24 29:16,17
entered 18:4
error 18:9
establish 32:11
et 1:3
European 25:13
evaluation 12:12
event 13:21
events 4:17 10:19 16:15
everybody 14:21
exactly 4:20
examination 20:17
examinations 30:11
examine 20:11 30:4
Examined 7:10
exception 4:15 23:15
excuse 15:1 20:5 21:9 25:2
excused 20:20
exhaustive 27:20
expedient 25:24
experienced 4:9
experiences 4:8
explain 23:25
explained 16:14
extremities 11:6
F
faced 12:5
facsimile 9:25
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fact 23:11 24:13 25:16
facts 16:15
far 7:23 9:13 12:2 16:21 18:7
Fax 2:3 5:21,25 6:13,16,20,23
7:1,10,11,15,19,22,25 8:4,7
8:12,15,20,25 9:3,7,11,15
9:19,25 10:2,6,22 11:10,16
12:8,20 13:3,10,14,24 14:3
14:8 15:15 16:11 17:12,24
18:6,21,25 19:7,13,22 20:5
20:7,16,22 21:1,22 22:5,10
22:13,16,20 23:1,19 24:18
25:6,15,19,22 28:5,8 29:12
30:24 31:8,24 32:13 33:19
Fazekas 2:16
Federal 30:21
feel 12:6
Fifteen 18:25
Fifth 2:11
figure 24:1
figured 11:3
figures 28:22
financially 34:8
find 14:16 28:24
fine 18:25 22:20 28:4
firm 25:9
first 4:19 15:15 16:19 17:4
31:18 32:2
flight 11:16,18 21:18
floor 28:6
followed 32:4
following 11:5,12 14:13 23:7
24:9
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foregoing 34:4,5
forward 28:16
forwarded 9:23
four 5:17 17:3
Friday 12:6
functions 25:12
further 19:9 27:9 34:8
future 21:7
G
Gabor 6:6 7:9
gather 33:7
generated 12:14 18:3
gentleman 4:13,19 17:2
Georgetown 2:5
getting 23:2
give 3:16 4:14 10:20 12:11
21:5 22:11,18,18 23:8 25:9
26:8 33:16
given 4:16 12:9 16:4,24 25:16
glass 28:7
go 5:17 7:20 9:7 11:21 15:8
19:18,20 33:7
going 12:3 20:11 22:2,3
Gotshal 2:11
great 21:20
ground 28:6
guard 7:15
guide 15:18
H
Hague 4:10 14:23 21:15
23:10 25:15,17 26:6
half 11:24 28:3
Hanak 2:3 18:17 19:17
Handed 20:6
happen 15:6
happened 10:19
happens 14:9,24 20:18
health 4:4 5:13 14:15 15:7
hear 11:22 29:4 32:18,21
33:8,9
heard 4:4 11:8 14:2 24:13,15
29:11
hearing 1:11,12 3:10,10 4:11
5:8,14,15,22 13:6,9,25 14:1
14:7 17:13,20,21 20:9 21:7
24:8 26:21,22 27:21,22 29:6
30:1
hearings 27:10
Heinzellmann 2:15
help 15:18
Hendrick 2:20 34:3,16
highly 23:25 29:23
home 5:4,16 7:14,16 8:9 9:8
9:11,14,16,16 11:9 21:8
Honor 5:21 6:13 11:11 19:7
29:12 32:17 33:19,20
hope 33:12
Horvath 5:3,9,11,18,20 6:6,8
6:9,21,25 7:2,9,13,17,21,23
8:2,6,10,16,23 9:2,4,9,13,18
9:22 10:1,4,7 11:2,23 12:17
12:25 13:6,11,15 14:1,4,9
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investigations 13:8,17
involved 34:8
involving 15:9 27:4
irrespective 12:4 33:13
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