Date: 21.01.2009
Time: 12:00
Registry and Chambers:
Nerma Jelačić, Spokesperson for Registry and Chambers, made the following statement:
Good afternoon,
Welcome back to all to a busy week before the Tribunal after the winter recess.
The President of the Tribunal, Judge Patrick Robinson, welcomes the General Assembly’s approval of the supplementary budget of the International Tribunal over the winter recess. This endorsement provides the ICTY with the required resources - including staffing - to carry out its workload through 2009.
In addition, the General Assembly approved a revised methodology for calculating ICTR and ICTY Judge’s pensions based on years of service rather than term of office. This results in increased pensions for Judges. Thus their pensions will finally be on par with the pensions provided to ICJ Judges, in line with the relevant provision in the Tribunal’s Statute.
I have one key decision to highlight. The President of the Tribunal Judge Patrick Robinson on Monday granted Pavle Strugar’s request for early release to come in effect on February 20. The former General of the Yugoslav People’s Army convicted of crimes in the Croatian coastal town of Dubrovnik in 1991 and sentenced to seven and a half years’ imprisonment, will have been in the Tribunal’s detention facility for more than two-thirds of his sentence by this date. The President considered several factors when evaluating Strugar’s application including the gravity of crimes for which he was convicted, previous practice and the prisoner’s demonstration of rehabilitation, as well as Strugar’s “deteriorating medical condition”. The Tribunal’s Statute allows for convicted persons to apply for pardon, commutation of sentence or early release and states that the President of the Tribunal will determine whether to grant such requests.
An update on applications for provisional releases: Milan Gvero, Radivoje Miletić Milan Milutinović, Milivoj Petković, Valentin Čorić, Bruno Stojić, Berislav Pušić, Ivan Čermak and Momcilo Perišić have all returned in Tribunal’s custody having been away at differing points over the recess. Veselin Šljivančanin has returned, as scheduled, into the Detention Unit in time for this week’s appeals hearings. And, finally, the request of Astrit Haraqia and Bajrush Morina for provisional release was denied on Tuesday and both remain in the UNDU.
In key courtroom events, Radovan Karadžić is expected to file his reply to proposed amended indictment by January 28. The prosecution will then have until February 4 to file their reply.
Onto the courtroom schedule: The trial of Vlastimir Đorđević, a former senior Serbian police official charged with crimes against humanity and war crimes against Kosovo Albanian civilians in 1999, is scheduled to begin on Tuesday, 27 January 2009 at 9:00 in Courtroom I. A pre-trial hearing for the case will be held on Monday at 3:30 p.m. in courtroom I.
The Appeals hearing for former JNA army officers Mile Mrkšić and Veselin Šlyvančanin both convicted of war crimes committed in Ovčara, Croatia, in 1991, began this morning and will continue on Friday at 9:00 a.m. in courtroom I.
The hearings in the case of Vojislav Šešelj and Momčilo Perišić have been canceled for the rest of the week. The trials of Prlić and others, Popović and others, Gotovina and others, Lukić and others continue as scheduled.
And finally,
As many of you are already aware, Mr. Hans Holthuis, the Tribunal's Registrar since 2001, left office at the end of December, following the expiration of his fixed-term contract.
Under the Tribunal's Rules of Procedure and Evidence in the absence of a Registrar, the Deputy Registrar assumes the role of Acting Registrar. Mr. John Hocking will carry out this role until the recruitment of a successor.
Having served for eight years, Mr. Holthuis was one of the longest serving Principals and the Tribunal warmly acknowledges his dedication and contribution to the organisation.
Office of the Prosecutor:
Olga Kavran, Spokesperson for the Office of the Prosecutor, made no statement.
Questions:
Referring to the translation and disclosure of the supporting materials related to the motion to amend the indictment against Radovan Karadžić, a journalist asked if the Tribunal’s translation service was in this case a shared responsibility between Registry and OTP and if the translation problem has been resolved. Jelačić stated that language services in general were within the realms of the Tribunal’s Registry. Jelačić said with this particular case, the status of translation and disclosure and reasons for its length were given by an OTP representative at this week’s status conference as well as the number of OTP staff working on the issue.
Kavran added there were other issues as well. She added that one has to look back at Chambers orders related to the fact that Mr Karadžić was requiring materials to be disclosed in a certain format because he is a self-represented accused. So, this case does differ to a certain extent from other cases, particularly when it comes to requirements in terms of format, such as written BCS transcripts of recordings of witness testimony and so on.
Kavran added to also please keep in mind that seven trials were on-going and the resources Tribunal wide were stretched to the limit. She said even though the Karadžić case is extremely important, it cannot take precedence over all the other cases; therefore, resources could only be used in such a way as to not effect other proceedings adversely. Kavran stated that the Tribunal was doing everything possible to do things as efficiently as possible. Kavran offered to look up the exact number discussed in court and decisions as well the Chambers had ruled on and in the meantime in terms of in what format documents have to provide to Karadzic.
Asked what was the motivation for the Šešelj case to be cancelled for the remainder of the week and if there was a written decision on the matter, Jelačić answered that it was scheduling decision made by the judges and that they would announce as soon possible when the trial would resume again.
Asked what the status was for the Perišić case, Jelačić said that the case had finished for today and hearings were called off for the remainder of the week. Jelačić said that she would have to look up the details as the trial had just finished at the time of the briefing.
Asked if the election of the two ICTY judges Van den Wyngaert and Shahabuddeen to serve on ICC would have any consequences on the completion strategy if they serve on both Tribunals, Jelačić said that the two judges have been elected commencing March 2009 to serve as judges in the International Criminal Court. The states from which the elected judge come, will nominate replacement judges. Jelačić stated this was the procedure which was expected to be followed in this case.
ADDITION AFTER THE BRIEFING:
The regular supporting materials were provided within the time frame provided by the rules, however, without transcripts of audio recordings of witness testimony. Pursuant to the Judges decision of 25 November 2008, the OTP had to provide a transcript in B/C/S of substantial segments of proceedings in other cases (namely witness testimony). The corresponding audio recordings of the proceedings had already been provided to the accused. As the Judges stated in their decision, though it is not a requirement in cases where the accused is represented by defence counsel, in this case the OTP was required to provide transcripts in addition to the audio tapes due to the fact that Mr. Karadzic represents himself.
In order to fulfil this obligation, at times, the OTP had up to 20 language staff working on this. The material was disclosed in three batches in January, concluding on the 14th: the first batch that was about 1.900 pages; the second batch was almost 2.000 pages and the third roughly 700 pages.
Documents:
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Case Description
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Signature Date
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Document Title
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Boskoski et al (Appeal)
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20-Jan-09
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Boškoski Defence Corrigendum To Respondent Brief
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Dordevic Vlastimir
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20-Jan-09
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Ordonnance Portant Affectation D'un Juge Ad Litem Dans Une Affaire Dont Est Saisie Une Chambre De Première Instance
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Dordevic Vlastimir
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20-Jan-09
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Ordonnance Portant Remplacement D'un Juge D'une Chambre De Première Instance
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Dordevic Vlastimir
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19-Jan-09
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Vlastimir Dordevic's Reply To Prosecution's Response To Defence's Notice Pursuant To Rule 94bis(B)
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Dordevic Vlastimir
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20-Jan-09
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Nalog O Rasporedivanju Sudije U Pretresno Vece
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Dordevic Vlastimir
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19-Jan-09
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Prosecution Notification Of Order Of Witnesses For Week Commencing On 2 February 2009
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Dordevic Vlastimir
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20-Jan-09
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Nalog O Sastavu Pretresnog Veca I Imenovanju Pretpretresnog Sudije
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Dordevic Vlastimir
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19-Jan-09
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Order Regarding The Defence's Request For Leave To Reply
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Dordevic Vlastimir
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19-Jan-09
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Joint Prosecution And Defence Submission Of Documents And Facts Agreed By The Parties (Annex A And Annex B)
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Gotovina et Al.
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16-Jan-09
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Decision On The Admission Of Statements Of Two Witnesses And Associated Documents Pursuant To Rule 92 Quater
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Gotovina et Al.
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20-Jan-09
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Ivan Cermak's Motion To Admit Documents Into Evidence
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Haraqija and Morina(Appeal)
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19-Jan-09
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Prosecution Appeal Brief
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Haraqija and Morina(Appeal)
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19-Jan-09
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Book Of Authorities
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Haraqija and Morina(Contempt)
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20-Jan-09
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Decision On Joint Defence Application For Provisional Release
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Hartmann (Contempt)
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19-Jan-09
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Prosecution's Response To Defence Motion For Reconsideration
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Hartmann (Contempt)
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16-Jan-09
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Corrigendum To Pre-Trial Brief Of Florence Hartmann
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Hartmann (Contempt)
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20-Jan-09
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Addendum To Urgent Defence Motion Requesting The Trial Chamber To Order The Amicus To Take And To Disclose To The Defence Statements Of Proposed Witnesses
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Hartmann (Contempt)
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16-Jan-09
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Motion For Reconsideration
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Hartmann (Contempt)
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20-Jan-09
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Urgent Defence Motion Requesting The Trial Chamber To Order The Amicus To Take And To Disclose To The Defence Statements Of Proposed Witnesses
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Hartmann (Contempt)
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20-Jan-09
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Prosecution Motion To Amend Rule 65ter Witness & Exhibits Lists
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Hartmann (Contempt)
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16-Jan-09
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Prosecution's Response To Defence Motion For Voir-Dire Hearing And Termination Of Mandate Of The Amicus Prosecutor
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Karadzic and Mladic
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16-Jan-09
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Obavjestenje Tuzilastva U Vezi S Objelodanjivanjem
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Karadzic and Mladic
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19-Jan-09
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Karadzic Application For Certification To Appeal Decision On Joinder
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Karadzic and Mladic
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19-Jan-09
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Decision On Accused's Application For Certification To Appeal Decision On Inspection And Disclosure
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Karadzic and Mladic
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16-Jan-09
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Zahtjev Stojana Zupljanina Za Ulaganje Interlokutorne Zalbe Na Odluku O Spajanju Postupaka Od 6. Januara 2009.
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Karadzic and Mladic
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16-Jan-09
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Nalog O Rasporedu Za Hitno Dostavljanje Odgovora Na Zahtjev Optuzenog Za Odobrenje Da Ulozi Zalbu Na Odluku U Vezi S Pregledom I Objelodanjivanjem
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Karadzic and Mladic
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16-Jan-09
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Podnesak Tuzilastva U Vezi S Predlozenim Izvjestajem O Objelodanjivanju
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Karadzic and Mladic
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16-Jan-09
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Prosecution's Response To Karadzic's Application For Certification To Appeal The Decision On Accused's Second Motion For Inspection And Disclosure
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Krajisnik (Appeal)
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19-Jan-09
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Podnesak Koji Se Odnosi Na Zaliocev Zahtjev Da Pozove Radovana Karadzica Kao Svjedoka
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Krajisnik (Appeal)
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19-Jan-09
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Odluka Po Zahtjevu Zalioca Momcila Krajisnika Da Pozove Radovana Karadzica Na Osnovu Pravila 115
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Krajisnik (Appeal)
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20-Jan-09
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Nalog Kojim Se Izdaje Javna Redigovana Verzija Odluke Po Zahtjevu Zalioca Momcila Krajisnika Za Izvodenje Dodatnih Dokaza I Ukida Povjerljivost Odredenih Dokumenata
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Krajisnik (Appeal)
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20-Jan-09
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Hitan Zahtjev Tuzilastva Za Razjasnjenje Odluke Zalbenog Vijeca Po Zahtjevu Zalioca Momcila Krajisnika Da Pozove Radovana Karadzica Na Osnovu Pravila 115
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Krajisnik (Appeal)
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19-Jan-09
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Obavjestenje O Podnosenju Javne Redigovane Verzije Objedinjenog Dopunskog Podneska Tuzilastva I Zahtjev Za Ukidanje Povjerljivog Statusa Dodataka Objedinjenom Dopunskom Podnesku I Spiska Pravnih Izvora Tuzilastva
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Krajisnik (Appeal)
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20-Jan-09
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Odgovor Tuzilastva Na Krajisnikov "Zahtev Za Ulaganje Dodatnih Dokaza" I Na Podnesak Uz Zahtjev
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Krajisnik (Appeal)
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20-Jan-09
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Odluka Po Hitnom Zahtjevu Tuzilastva Za Razjasnjenje Odluke Zalbenog Vijeca Po Zahtjjevu Zalioca Mocmila Krajisnika Da Pozove Radovana Karadzica Na Osnovu Pravila 115
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Krajisnik (Appeal)
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20-Jan-09
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Odluka Po Krajisnikovom "Obavjestenju O Saketku Cinjenica O Kojima Radovan Karadzic Moze Dati Iskaz I Hitan Zahtjev Za Dodatna Sredstva"
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Lukic et al
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19-Jan-09
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Order Concerning The Time And Number Of Witnesses For The Defence Of Milan Lukic
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Lukic et al
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19-Jan-09
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Decision On Defence Request For Clarification Of Decision Pursuant To Rule 98bis
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Milosevic Dragomir (Appeal)
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20-Jan-09
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Decision On Dragomir Milosevic's Motion To Present Additional Evidence
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Mrksic (Appeal)
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19-Jan-09
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Status Conference Scheduling Order
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Perisic
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19-Jan-09
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Corrigendum To Submission Of Expert Report By P.J.J. Van Der Weijden
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Perisic
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19-Jan-09
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Addendum To Submission Of Expert Report By P.J.J Van Der Weijden
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Popovic et al
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19-Jan-09
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Notice Of Mr. Borovcanin's Absence From Court Due To Illness
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Popovic et al
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19-Jan-09
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Observations De La Defense Du General Miletic Aux Declarations Des Fonctionnaires De Bosnie Herzegovine Deposees Le 15 Janvier 2009
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Prlic and Others
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16-Jan-09
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Decision On Praljak And Petkovic Defence Request For Certification To Appeal The Decision On Scope Of Cross-Examination Under Rule 90 (H) Of The Rules
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Prlic and Others
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16-Jan-09
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Decision On Joint Motion For Certification To Appeal The Decision On Presentation Of Documents By The Prosecution In Cross-Examination Of Defence Witnesses
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Prlic and Others
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19-Jan-09
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Decision On Submission Of The Expert Report Of Davor Marijan Pursuant To Rule 94 Bis (A) And (B) And On Motions For Additional Time To Cross-Examine Davor Marijan
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Prlic and Others
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16-Jan-09
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Prosecution Response To "Motion Of Milivoj Petkovic For Reconsideration Of Or, In The Alternative, For Rule 73(B) Certification To Appeal From The Trial Chamber's Oral Decision [Of] 12 January 2009 Denying The Petkovic Defence Their Required Time For Exam
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Prlic and Others
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19-Jan-09
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Supplement De Jadranko Prlic A Sa Declaration Présentée En Application De L'article 84 Bis Du Règlement
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Prlic and Others
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16-Jan-09
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Observations Présentées Par L'accusation Au Sujet De L'ordonnance Du 16 Décembre 2008 Portant Demande D'observations Supplémentaires Aux Parties
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Prlic and Others
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20-Jan-09
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Second Corrigendum To The Order On Modalities Of The Hearing Of Expert Witness Milan Cvikl
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Prlic and Others
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21-Jan-09
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Decision On Prlic Defence Motion For The Admission Of Documentary Evidence
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Prlic and Others
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16-Jan-09
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Slobodan Praljak's Motion To Join The 14 January 2009 Milivoj Petkovic Motion For Reconsideration Of Or Rule 73(B) Certification To Appeal The 12 January 2009 Decision Regarding Examination Of Expert Witness Davor Marijan
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Prlic and Others
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19-Jan-09
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Jadranko Prlic's Consolidated Reply To Prosecution's & Bruno Stojic's Response To Jadranko Prlic's Supplement To His Rule 84 Bis Statement
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Prlic and Others
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19-Jan-09
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Order On Modalities Of The Hearing Of Expert Witness Milan Cvikl
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Prlic and Others
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20-Jan-09
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Requête De Slobodan Praljak Aux Fins De Procéder À Un Bref Interrogatoire Principal De Trois Témoins Appelés À La Barre Par Bruno Stojic
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Prlic and Others
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19-Jan-09
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Réponse De Bruno Stojic Aux Demandes De Temps Supplémentaire Présentées Par Jadranko Prlic, Milivoj Petkovic Et Valentin Coric Pour Contre-Interroger Davor Marijan, Expert De La Défense De Bruno Stojic
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Prlic and Others
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19-Jan-09
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Réponse De L'accusation À La Requête Présentée Par Milivoj Petkovic Aux Fins Que Soit Équitablement Alloué À Sa Défense Un Laps De Temps Suffisant Pour Contre-Interroger Le Témoin Expert Davor Marijan
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Prlic and Others
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21-Jan-09
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Réponse De Slobodan Praljak À La Requête De L'accusation Tendant À Obtenir Un Délai Supplémentaire Pour Répondre À La Requête De Slobodan Praljak Aux Fins De Procéder À Un Bref Interrogatoire Principal De Trois Témoins Appelés Par Bruno Stojic
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Prlic and Others
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16-Jan-09
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Prosecution Response To Slobodan Praljak's Request For The Direct Examination Of Three Witnesses Called By Bruno Stojic
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Prlic and Others
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21-Jan-09
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Further Prosecution Motion For The Provision Of A Fully Adequate Summary For Defence Witness Slobodan Bozic In Compliance With Rule 65 Ter And Tribunal Law
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Prlic and Others
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16-Jan-09
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Prosecution Response To Bruno Stojic's Motion To Add Exhibits To The Rule 65 Ter (G) List With Annex A And Confidential Annexes B And C, Dated 14 January 2009
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Prlic and Others
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20-Jan-09
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Requête Présentée Par L'accusation En Application De L'article 65 Ter Du Règlement Et Du Droit Du Tribunal Aux Fins D'obtenir Un Résumé Convenable Des Dépositions À Venir Des Témoins À Décharge Slobodan Božic Et Stipo Buljan
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Prlic and Others
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20-Jan-09
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Demande Présentée Par Bruno Stojic En Vue D'ajouter Des Documents À Sa Liste De Pièces À Conviction Déposée En Application De L'article 65 Ter G) Du Règlement, Avec Annexes Confidentielles Et Résumé Supplémentaire, Dans Le Cadre De La Déposition Du Témoin
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Prlic and Others
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20-Jan-09
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Demande D'admission D'éléments De Preuve Documentaires Présentée Par Jadranko Prlic
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Prlic and Others
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16-Jan-09
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Réponse De L'accusation En Opposition À L'admission Du " Supplément " De Jadranko Prlic À Sa Déclaration
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Prlic and Others
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16-Jan-09
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Bruno Stojic's Response To Milivoj Petkovic's Motion For Reconsideration Of, Or In The Alternative For Rule 73(B) Certification To Appeal From The Trial Chamber's Oral Decision Of 12 January 2009
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Prlic and Others
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16-Jan-09
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Slobodan Praljak's Response To The 13 January 2009 Prosecution Motion For Supplemented Summaries Regarding Slobodan Božic And Stipo Buljan
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Prlic and Others
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16-Jan-09
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Réponse De Bruno Stojic Au Supplément À La Déclaration Prononcée Par Jadranko Prlic En Application De L'article 84 Bis Du Règlement
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Prlic and Others (Interlocutory)
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16-Jan-09
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Interlocutory Appeal By Slobodan Praljak, Milivoj Petkovic, Valentin Coric And Berislav Pušic Against The Trial Chamber's 27 November 2008 Decision On Presentation Of Documents By The Prosecution In Cross-Examination Of Defence Witnesses
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Prlic and Others (Interlocutory)
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20-Jan-09
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Reasons For Decision On Prosecution's Appeal Of The Trial Chamber's 10 December 2008 Decision On Prlic Provisional Release During Winter Recess And Corrigendum
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Prlic and Others (Interlocutory)
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20-Jan-09
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Order Assigning Judges To A Case Before The Appeals Chamber
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Rasevic & Todovic
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19-Jan-09
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Prosecutor's Tenth Progress Report
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Stanisic & Zupljanin
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16-Jan-09
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Decision On Stojan Zupljanin's Motion For The Trial Chamber To Reconsider Its Decision Of 15 December 2008
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Stanisic & Zupljanin
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19-Jan-09
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Karadzic Application For Certification To Appeal Decision On Joinder
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Strugar et al.(Enforcement)
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16-Jan-09
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(Public Redacted Version) Decision Of The President On The Application For Pardon Or Commutation Of Sentence Of Pavle Strugar
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Zdravko Tolimir
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19-Jan-09
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Odluka Po Zahtjevu Tuzilastva Za Odobrenje Da Podnese Drugu Izmijenjenu Optuznicu
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Zdravko Tolimir
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19-Jan-09
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Odgovor Tuzilastva Na Zahtjev Optuzenog Da Ulozi Interlokutornu Zalbu
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*****
