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ICTY Weekly Press Briefing - 13th Jul 2006

ICTY Weekly Press Briefing

ICTY Weekly Press Briefing

  ICTY WEEKLY PRESS BRIEFING Latest
Developments

Please note that this
is not a verbatim transcript of the Press
Briefing. It is merely a summary.


ICTY Weekly Press Briefing

Date: 13.07.2006

Time: 12:30 p.m.



Registry and Chambers:


Christian Chartier, Senior Information Officer, made the following statement:


Let me start with some last minute news: the Trial Chamber has scheduled a further appearance of the accused Zelenovic for tomorrow, Friday 14 July at 8 a.m. in courtroom I.


The President of the Tribunal, Judge Fausto Pocar, yesterday addressed the Euro Atlantic Partnership Council on the issue of cooperation between the Tribunal and the judiciaries in the former Yugoslavia. The President stressed that “the transfer of criminal justice proceedings from the international to the domestic level will only succeed where there are sufficient resources and adequate capacity to handle fairly and efficiently complex criminal trials. If national proceedings lack impartiality or independence and the proceedings are designed to shield the accused, they will undermine efforts to bring peace and reconciliation in the region and could even lead to instability. The text of the President’s address is available to you.


The ICTY Registrar, Hans Holthuis, returned yesterday from a two-day working visit to Bosnia and Herzegovina. On Monday, he visited the village of Grabovica, where he met with family members of Bosnian Croats murdered in Grabovica in September 1993. He provided the families with copies in BCS of the Halilovic judgement that dealt with the crimes committed in Grabovica. The families were grateful for the Registrar’s visit, they expressed hope that further prosecutions would be pursued by local prosecutors in Bosnia and Herzegovina, and that the perpetrators would reveal the whereabouts of the bodies that are still missing.

On Tuesday, the Registrar visited the State Court of Bosnia and Herzegovina, where he had a tour of the Court and the Detention unit and held meetings with staff of the Court’s Registry. The Registrar confirmed the Tribunal’s commitment to provide continued support to the Court of BiH. In the last 18 months, ICTY Registry staff has exchanged expertise with colleagues in Sarajevo in a broad range of areas, including witness support, court management, defence issues, court security, translation and interpretation services, as well as legal support to judges.

The Registrar also provided the Court with an official collection of certified electronic copies of ICTY judgements.



Earlier this morning, Judge Ole Bjorn Stole (Norway) was sworn in as ad litem reserve Judge, to serve on the Popovic et al. trial. This trial, in which former senior Bosnian Serb military officials are charged with genocide against Bosnian Muslims in Srebrenica, is due to commence tomorrow, following the pre-trial conference taking place later today in courtroom III, as of 2.15 p.m.

With regard to this trial, please note that the Trial Chamber issued this morning a Decision granting a joint Motion by the accused Miletic and Gvero, who will be again set on temporary provisional release after the hearing of tomorrow and who will have to return to the Detention Unit on 14 August 2006.

Last note in respect of the Popovic et al. trial: in addition to the press advisory issued on Tuesday as a curtain raiser, I would like to draw your attention to a comprehensive Case Information Sheet with has been released on the ICTY website, under the page Cases and Judgements.



Other trial will continue as follows: Milutinovic et al. trial in Courtroom I, and the Martic and Krajisnik trials sitting in courtroom II.


 


In terms of filings, the following in addition to the usual documents’ list:


- on 11 July 2006, Trial Chamber III sitting on the Milutinovic et al. case, which opened last Monday, issued the written reasoning for the oral decision made at the Pre-trial Conference that three killing sites (Racak, Padaliste and Dubrava Prison) would not be part of the trial, save a further determination by the Judges.


The Chamber considered that “unlike other killing sites, none of the three is associated with what the prosecution terms ‘deportation sites’, which are locations from which persons were allegedly forcibly displaced” (…) and that “none of the three sites is located in the 13 municipalities the prosecution identified as the focus of its case.

Furthermore, the Judges emphasize that evidence in respect of these three sites “may eventually be permitted, should the Chamber conclude that it is necessary to hear such evidence in order to have a full appreciation of the events giving rise to the criminal proceedings”. And, finally, the Chamber stresses that it’s Decision should “in no way” be interpreted as meaning that “the events in these three locations are of less significance or are not representative of the Prosecution’s case against the Accused”.


- Another noteworthy filing is the public redacted version of the Prosecution’s request for review or reconsideration of the Blaskic case, “on the basis that there are new facts which have come to the attention of the prosecution with one year of the pronouncement of the final judgement” in the case. As you all remember, the Appeals Chamber issued its Judgement on 29 July 2004, and the Prosecution filed its request for review or reconsideration on 29 july 2005. The document is now publicly available.


The two documents I have just mentioned will be sent electronically to open upon request.


Finally, as a reminder, summer recess begins next week and last until 6 August 2006.

After the recess, in the week of 7 to 11 August the Milutinovic et al. trial will continue in courtroom I, and on Thursday 10 August (also in courtroom I) there will be a pre-defence conference in the Mrksic et al. case.


The next press briefing will take place on Wednesday 9 August. In the meantime, I wish you all a good summer break!


Office of the Prosecutor:


Anton Nikiforov, Advisor to the Prosecutor and acting Spokesperson of the Office of the Prosecutor (OTP), made the following statement:


Today the Croatian State Attorney, Mladen Bajic with his colleague prosecutors will be visiting the Tribunal to sign a Memorandum of understanding with the Prosecutor on access to Electronic Disclosure System (EDS) and next week there will be a visit by the Serbian war crimes Prosecutor, Vladimir Vukcevic with a similar purpose, he will also sign such a memorandum of understanding. We believe it is very important development for cooperation with national prosecutors in the region. (A similar MOU has been already signed with the State Prosecutor of Bosnia and Herzegovina.)


Questions:


Asked when Carla Del Ponte will speak at the Popovic et al. start of the trial, Nikiforov replied that he believed that this would be at the beginning but reminded the journalist that the Pre-trial proceedings can continue tomorrow if needed; it all depends on today’s proceedings. He added that it would be a short statement of about 10 minutes.


Asked to comment on the Serbian government action plan for the apprehension of general Mladic which was delivered to the Office of the Prosecutor Yesterday, Nikiforov answered that he could not say much about it only that the OTP has received some new information about the action plan. The OTP is constantly in contact with both Belgrade and Brussels and the EU Finnish Presidency on this issue. He also mentioned that it is the Serbian Government’s Plan so it is for them to comment in more details.


Asked whether the European Union (EU) is considering to hold talks with Serbia on joining the EU even though Mladic is not arrested. Nikiforov replied that the OTP’s position has never changed - the OTP needs to see results. An action plan can only be considered as a mean to achieve results but assessments can only be made based on results not on promises or plans. He added that the OTP has not heard any change of mind in the European Union, they have always insisted on the delivery of Mladic, while the OTP wants all six remaining accused at large arrested not only Mladic and expects results. If this plan helps – good, but assessments can only be made upon getting results.




Document List



Case Description


Signature Date


Document Title



Blaskic (Review)


10-Jul-06


Request For Review Or Reconsideration [Public Redacted Version]



Boskoski et al


11-Jul-06


Assigned Pro Bono Counsel Motion Seeking Leave To Reply To "Prosecution's Response To 'Assigned Pro Bono Counsel Motion Challenging Jurisdiction'" And Reply To "Prosecution's Response To 'Assigned Pro Bono Counsel Motion Challenging Jurisdiction'"



Boskoski et al


11-Jul-06


Assigned Pro Bono Counsel Motion Seeking Leave To Reply To "Prosecution's Response To 'Assigned Pro Bono Counsel Motion Challenging The Form Of The Second Amended Idictment'" And Reply To "Prosecution's Response To 'Assigned Pro Bono Counsel Motion Challe



Boskoski et al


12-Jul-06


Request To Declare The Envisioned Deadlines Invalid



Boskoski et al


11-Jul-06


Decision On Ljube Boskoski's Submission For The Clarification And Determination Of Time-Limits For Filing Of The Pre-Trial Brief



Boskoski et al


07-Jul-06


Correspondence



Boskoski et al (Interlocutory)


11-Jul-06


Order Assigning Judges To A Case Before The Appeals Chamber



Boskoski et al (Interlocutory)


07-Jul-06


Assigned Pro Bono Counsel Appeal On Decision On Second Motion For Provisional Release



Brdjanin (Appeal)


12-Jul-06


Letter From Defence Counsel



Delic


07-Jul-06


Prosecution Request For Certification To Appeal Trial Chamber Decision Denying Prosecution Application For Leave To Amend



Delic


12-Jul-06


Corrigendum To Decision On The Prosecution's Submission Of Proposed Amended Indictment And Defence Motion Alleging Defects In Amended Indictment



Delic


11-Jul-06


Defence Response To Prosecution's Request For Certification To Appeal Trial Chamber Decision Denying Prosecution Application For Leave To Amend



Galic (Appeal)


11-Jul-06


Defence Motion Regarding New Evidence



Halilovic (Appeal)


12-Jul-06


Motion For Extension Of Number Of Words For Respondent's Brief



Jankovic G. et al.


07-Jul-06


Scheduling Order For Further Initial Appearance



Krajisnik


11-Jul-06


Defence Motion To Exclude All Evidence Of Chamber Witness Biljana Plavsic And Prospective Witness Branko Djeric Not To Be Called As A Witness



Krajisnik


10-Jul-06


Prosecution's Response To Defence Motion For Time To Call Further Defence Witnesses



Krajisnik


11-Jul-06


Defence Reply To Prosecution's Response To Defence Motion For Time To Call Further Defence Witnesses



Krajisnik


07-Jul-06


Verification Of Accuracy Of The Transcript In The Krajisnik Hearing Of 20 June 2006



Krajisnik


12-Jul-06


Prosecution's Response To Defence Motion Concerning Rule 85



Krajisnik (Interlocutory)


11-Jul-06


Order Replacing A Judge In A Case Before The Appeal Chamber



Krajisnik (Interlocutory)


10-Jul-06


Prosecution's Response To Defence Appeal Against The Trial Chamber's Decision Dismissing The Defence Motion For A Ruling That His Honour Judge Canivell Is Unable To Continue Sitting In This Case



Limaj et al (Appeal)


10-Jul-06


Corrigendum To Prosecution's Brief In Response To Appeal Brief Of Haradin Bala



Lukic et al


07-Jul-06


Registry Submission Pursuant To Rule 33(B) Of The Rules Of Procedure And Evidence Regarding The Referral Bench's Order To File The Decision Of The Federal Court Of Argentina



Martic (Interlocutory)


10-Jul-06


Appeal Against The Trial Chamber's Decision On The Evidence Of Witness Milan Babic



Milosevic Dragomir


07-Jul-06


Scheduling Order



Milutinovic et al.


10-Jul-06


Decision



Milutinovic et al.


11-Jul-06


Order On Procedure And Evidence



Milutinovic et al.


11-Jul-06


Order On Agreed Facts



Milutinovic et al.


10-Jul-06


Order Arising From Hearing On Sreten Lukic's Rule 54 Bis Application



Milutinovic et al.


10-Jul-06


Sreten Lukic's Motion In Limine To Bar The Prosecution From The Introduction Into Evidence Of The Osce Report "Kosovo/Kosova, As Seen, As Told" And To Bar The Prosecution From Adducing Oral Testimony Based On The Same



Milutinovic et al.


12-Jul-06


State Submission Regarding Rule 54bis Motion



Milutinovic et al.


12-Jul-06


(Redacted) Third Amended Joinder Indictment (Operative Indictment)



Milutinovic et al.


11-Jul-06


Decision On Application Of Rule 73 Bis



Milutinovic et al.


11-Jul-06


Decision On Prosecution Seventh Motion On Protective Measures



Mrksic


12-Jul-06


Scheduling Order



Mrksic


07-Jul-06


Prosecution Response To Defence Motion For Extension Of Time For Filing The Rule 65 Ter Motion And Preparation Of The Defence



Popovic et al


12-Jul-06


Pre-Trial Brief Of The Defence Of Vujadin Popovic



Popovic et al


11-Jul-06


Defendant, Ljubisa Beara's Response To The Prosecution's Motion For Judicial Notice Of Adjudicated Facts



Popovic et al


10-Jul-06


Prosecution's Motion To Provide And/Or Indicate Supporting Materials Concerning Proposed Amendments To The Second Consolidated Amended Indictment Pursuant To The Trial Chamber's 6 July 2006 Oral Order



Popovic et al


10-Jul-06


Decision [By The Registrar Re Assignment Of Co-Counsel]



Popovic et al


12-Jul-06


Pre-Trial Brief On Behalf Of Drago Nikolic Pursuant To Rule 65ter (F)



Popovic et al


11-Jul-06


Defendant, Ljubisa Beara's Request For Leave To File Response To The Prosecution's Motion For Judicial Notice Of Adjudicated Facts



Popovic et al


11-Jul-06


Borovcanin Defence Response To Prosecution's Pre-Trial Brief



Popovic et al


12-Jul-06


General Gvero's Pre-Trial Brief



Popovic et al


12-Jul-06


Defence Pre-Trial Brief On Behalf Of The Accused Vinko Pandurevic



Popovic et al


11-Jul-06


Defendant, Ljubisa Beara's Request For Leave To File Response To The Prosecution's Motion For Admission Of Written Evidence In Lieu Of Viva Voce Testimony Pursuant To Rule 92bis And Attached Annexes A-D



Popovic et al


07-Jul-06


Prosecution's Consolidatd Reply To Defence Responses To The Prosecution's Motion For Judicial Notice Of Adjudicated Facts



Prlic and Others


13-Jul-06


Decision



Prlic and Others


10-Jul-06


Joint Response Of The Defence To The Prosecution's Motions For Judicial Notice Of Adjudicated Facts (Prosecutor V. Naletilic And Martinovic; Prosecutor V. Blaskic)



Seselj


07-Jul-06


Procès-Verbal Of Reception Of Bcs Translation Of "Registry Submission Pursuant To Rule 33(B) Of The Rules Of Procedure And Evidence Concerning Vojislav Seselj's "Motion For Trial Chamber I To Acquire A Complete Report On The Health Of Professor Vojislav S



Seselj


12-Jul-06


Registry Submission Pursuant To Rule 33(B) Of The Rules Of Procedure And Evidence On The Resources Available To Standby Counsel



Seselj


12-Jul-06


Decision On Request For Material Cited In Prosecution Pre-Trial Brief



Seselj


12-Jul-06


Decision On Documents Relating To Serbian Guard



Seselj


12-Jul-06


Decision Regarding Deadlines For Responses To Motions On Expert Witnesses And Adjudicated Facts



Stanisic & Simatovic


11-Jul-06


Corrigenda Submission Of Material Verifying Prosecution Motion To Vacate Order To File Consolidated Pre-Trial Brief



Todovic


10-Jul-06


Prosecution's Response Brief