ICTY - TPIY : ICTY Weekly Press Briefing -11 February 2009

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ICTY Weekly Press Briefing -11 February 2009

Date: 11.02.2009
Time: 12:00

Registry and Chambers:

Nerma Jelačić, Spokesperson for Registry and Chambers, made the following statement:

Good afternoon,

The Trial Chamber today ordered an adjournment of proceedings in the case of Vojislav Šešelj (Decision available in French). In its decision the Chamber ruled by majority (with Judge Antonetti dissenting) to suspend hearing of testimonies of remaining prosecution witnesses or until Trial Chamber orders otherwise.

In a separate order issued earlier this week, the President of the Tribunal granted Vladimir Šantić’s request for commutation of his sentence. Šantić, a former local commander of the military police and of the “Jokers”, a unit of the HVO, and a co-accused in the Kupreškić and others case, was convicted by the Appeals Chambers on 23 October 2001 of persecutions on political, racial and religious grounds, murder and inhumane acts, for his involvement in a military attack on civilians in the village of Ahmići during which over 100 civilians were killed and 169 Muslim homes were destroyed. He was transferred to Spain on 12 April 2002 to serve his sentence of 18 years’ imprisonment.

In reaching his decision, President Robinson noted that Šantić fulfilled the conditions under Spanish law that, under exceptional circumstances, a convicted person can be released after serving two-thirds of his sentence. In addition, prisoners must have passed through three grades of prisoner status and display behaviour and a high likelihood of successful reintegration in society to become eligible for parole.

Although Šantić has not yet served two-thirds of his original sentence, President Robinson notes that he has passed through the required three grades of prisoner status. Through his work and good behaviour, he has also qualified for 302 days which were deducted from his original sentence. Šantić thus effectively completed two-thirds of his sentence on 4 December 2008.

Meantime, there have been several provisional release decisions:

The Appeals Chamber ordered the provisional release of Bajrush Morina from the Tribunal’s Detention Unit. Morina’s release was ordered as he completed the three-month sentence imposed for contempt of court in the Haradinaj and others case. Morina’s release is provisional pending the Appeals judgement and is subject to a number of terms outlined in the decision.

In the Milutinović and others case, the Trial Chamber rendered two provisional release decisions. It granted temporary provisional release for Vladimir Lazarević from 11 until 23 February based on serious and sufficiently compelling humanitarian considerations outlined in his motion. Lazarević’s provisional release is subject to strict terms including 24-hour surveillance. The Trial Chamber denied provisional release motion for Nikola Šainović.

On to this week’s court schedule:

The Trial Chamber in the case against Milan and Sredoje Lukić has ordered that the trial be suspended for a period of two weeks. The trial is scheduled to recommence on Wednesday, 25 February. The defence was expected to end its case on 10 March but will be adjusted according to the two week suspension.

The trial for Momcilo Perišić has adjourned for the week and will resume on Monday 16 February at 14:15 in Courtroom II.

The trials for Gotovina and others, Prlić and others, Vlastimir Ðorđevic and Popović and others will continue for the remainder of this week and next as scheduled.

Office of the Prosecutor:

Olga Kavran, Spokesperson for the Office of the Prosecutor, made no statement.


Questions:

Asked about the reasoning behind the Prosecutor’s request for the adjournment of proceedings in the Šešelj case, Olga Kavran responded that, as stated in court on 15 January 2009, in the Prosecution’s view the integrity of the proceedings is being compromised.

A journalist asked whether a request will be filed for a mistrial in the Šešelj case. Olga Kavran responded that she cannot speculate on the matter.

Asked whether the adjournment of Šešelj’s case will have any impact on the contempt proceedings against him, Nerma Jelačić answered that these are two separate cases. Jelačić added that the next step in the contempt proceedings is for the Acting Registrar to name an Amicus Prosecutor which is expected to be done soon.

Asked how many Prosecution’s witnesses have been called so far to testify against Šešelj, Olga Kavran and Nerma Jelačić responded that they will have to check the exact figure and get back to the journalist. /added after the briefing: 71 witnesses in total testified so far.

Documents:

Case Description	Document	Date
Brdjanin (Appeal)	Prosecution's Consolidated Response To Stojan Zupljanin's Motions For Access To Confidential Material In The Darko Mrda, Milomir Stakic And Radoslav Brdanin Cases	06-Feb-09
Delic (Appeal)	Book Of Authorities For Prosecution Response Brief	09-Feb-09
Dordevic Vlastimir	Prosecution's Motion To Amend The 65ter Exhibit List With Annexes A And B	06-Feb-09
Dordevic Vlastimir	Prosecution Notification Of Order Of Witnesses For Week Commencing On 23 February 2009	09-Feb-09
Dordevic Vlastimir	Decision On Prosecution's Motions For Admission Of Evidence Pursuant To Rule 92ter	10-Feb-09
Dordevic Vlastimir	Prosecution's Motion To Amend The Rule 65 Ter Witness List With Annex A	06-Feb-09
Dordevic Vlastimir	Internal Memorandum Re Exhibit Numbers Assigned To Documents Admitted Pursuant To Written Decision Dated 5 February 2009	06-Feb-09
Dordevic Vlastimir	Prosecution's Motion To Admit Exhibits From The Bar Table	10-Feb-09
Gotovina et Al.	Internal Memorandum Re Verification Of Accuracy Of Interpretation In Case No. It-06-90-T, Hearing Of 18 September 2008	09-Feb-09
Gotovina et Al.	Cd-Rom Enclosure To Prosecution's Motion To Admit 28 Documents And A Video Tape Into Evidence And To Add Seven Documents And Video Tape To The Prosecution's 65 Ter Exhibit List	10-Feb-09
Gotovina et Al.	Defendant Mladen Markac's Request For Leave To Reply And Reply To Prosecution's Response To Mladen Markac's Motion To Strike All Material Relating To The Republic Of Croatia's Special Police, Disciplinary Courts Within The Republic Of Croatia's Ministry O	10-Feb-09
Gotovina et Al.	Odluka Po Zahtjevu Gotovinine Obrane Da Se Tuziteljstvu Izda Nalog Da Pokaze Foto-Panel Svjedoku 3	10-Feb-09
Gotovina et Al.	Defendant Mladen Markac's Response To Prosecution's Third Motion For Admission Of Evidence Pursuant To Rule 92 Bis	06-Feb-09
Gotovina et Al.	Scheduling Order	06-Feb-09
Haradinaj (Appeal)	Order Replacing A Judge In A Case Before The Appeals Chamber	09-Feb-09
Haraqija and Morina(Appeal)	Notice Of Filing Of Public Redacted Version Of Astrit Haraqija's Reply To "Prosecution's Consolidated Response Brief" Dated 29 January 2009	06-Feb-09
Haraqija and Morina(Appeal)	Notice Of Filing Of Redacted Public Redacted Version Of Prosecution's Consolidated Reply Brief	09-Feb-09
Haraqija and Morina(Appeal)	Astrit Haraqija's Request For Oral Argument On Appeal	06-Feb-09
Haraqija and Morina(Appeal)	Notice Of Filing Of Public Redacted Version Of Astrit Haraqija's Appeal Of The "Judgement On Contempt Allegations" Dated 17 December 2008	06-Feb-09
Haraqija and Morina(Appeal)	Decision On Motion Of Bajrush Morina For Provisional Release	09-Feb-09
Haraqija and Morina(Appeal)	Notice Of Filing Of Public Redacted Version Of "Astrit Haraqija's Response To The "Prosecutioon's Appeal Brief"Dated 19 January 2009" Filed Confidentially On 29 January 2009	06-Feb-09
Hartmann (Contempt)	Defence Motion For Leave To Appeal Trial Chamber's Decision On Defence Motion For Reconsideration Dated 14 January 2009	09-Feb-09
Hartmann (Contempt)	Defence Motion For Leave To Appeal Trial Chamber's Decision Regarding Prosecution Witness Statements	09-Feb-09
Hartmann (Contempt)	Defence Motion For Leave To Appeal Trial Chamber's Decision Re Stay Of Proceedings For Abuse Of Process	09-Feb-09
Hartmann (Contempt)	Prosecution's Statement Of Admissions Of The Parties And Matters Not In Dispute	06-Feb-09
Hartmann (Contempt)	Defence Motion Pursuant To Rule 65ter	09-Feb-09
Hartmann (Contempt)	Décision Relative À La Demande Urgente De La Défense Visant À Ce Que L'amicus Curiae Recueille Les Déclarations Des Témoins Qu'il Entend Appeler À La Barre Et Les Lui Communique	06-Feb-09
Hartmann (Contempt)	Defence Motion For Disqualification Of Two Members Of The Trial Chamber And Of Senior Legal Officer In Charge Of The Case (Public Redacted Version)	06-Feb-09
Karadzic (Interlocutory)	Décision Relative À La Demande De Prorogation De Délai	10-Feb-09
Karadzic (Interlocutory)	Prosecution's Response To Karadzic's Appeal Of Decision Concerning The Holbrooke Disclosure	09-Feb-09
Karadzic and Mladic	Ordonnance Relative À La Requête De L'accusation Aux Fins De Présenter Une Réplique Faisant Suite À La Réponse De L'accusé À La Demande De Modification De L'acte D'accusation	10-Feb-09
Karadzic and Mladic	Application For Certification To Appeal Decision On Adequate Facilities	06-Feb-09
Karadzic and Mladic	Nalog O Rasporedu Za Hitan Odgovor Na Zahtjev Optusenog Za Odobrenje Za Ulaganje Zalbe Na Odlulu O Adekvatnim Uslovima	10-Feb-09
Karadzic and Mladic	Prosecution Response To Karadzic's Application For Certification To Appeal Decision On Rule 70 (B)	10-Feb-09
Karadzic and Mladic	Procès-Verbal Of Reception Of Documents (Rp D12613--D12606)	10-Feb-09
Karadzic and Mladic	Motion For Order Pursuant To Rule 70	09-Feb-09
Karadzic and Mladic	Scheduling Order For Expedited Response To Accused's Application For Certification To Appeal Decision On Adequate Facilities	09-Feb-09
Karadzic and Mladic	Motion For Disclosure Of Rule 68 Material	06-Feb-09
Karadzic and Mladic	Procès-Verbal Of Reception Of Documents (Rp D12616-D12615&D2-1/12616ter)	11-Feb-09
Karadzic and Mladic	Procès-Verbal Of Reception Of Documents (Rp D12604-D12599)	09-Feb-09
Karadzic and Mladic	Procès-Verbal Of Reception Of Documents (D12528-D12515&D16-1/12528ter)	06-Feb-09
Krajisnik (Appeal)	Consolidated Supplemental Brief In Relation To The Additional Evidence [Public Redacted Version]	06-Feb-09
Krajisnik (Appeal)	Motion To Present Additional Evidence And To Call Additional Witnesses Pursuant To Rule 115, And To Reconsider Decision Not To Call Former Counsel [Public Redacted Version]	06-Feb-09
Krajisnik (Appeal)	Prosecution's Response To Motion By Stojan Zupljanin For Access To All Confidential Materials In The Krajisnik Case	06-Feb-09
Krajisnik (Appeal)	Response To Prosecution's Motion To Adduce Rebuttal Material [Public Redacted Version]	06-Feb-09
Krajisnik (Appeal)	Submission Relating To Amicus Curiae's Request To Notify The Appellant Of The Existence Of Certain Documents [Public Redacted Version]	09-Feb-09
Kupreskic et al. (Enforcement)	Decision Of The President On The Application For Pardon Or Commutation Of Sentence Of Vladimir Santic	09-Feb-09
Lukic et al	Scheduling Order	10-Feb-09
Milutinovic et al.	Nalog O Rasporedu Za Izricanje Presude	06-Feb-09
Milutinovic et al.	Nalog O Izmeni Rasporeda Za Izricanje Presude	06-Feb-09
Milutinovic et al.	Decision On Sainovic Motion For Temporary Provisional Release	09-Feb-09
Mrdja	Prosecution's Consolidated Response To Stojan Zupljanin's Motions For Access To Confidential Material In The Darko Mrda, Milomir Stakic And Radoslav Brdanin Cases	06-Feb-09
Perisic	Filing Of Public Redacted And Corrected Version Of 2 December 2008 Decision For Deposition Pursuant To Rule 71	10-Feb-09
Perisic	Decision On Defence Motion In Limine For Prosecution Witness Bretton Randall	11-Feb-09
Popovic et al	Requête Du General Miletic Aux Fins D'admission Des Documents Par Voie De La Requête Ecrite Avec L'annexe Confidentielle	10-Feb-09
Popovic et al	Submission Concerning The Order Of Cross-Examination Of Accused Vinko Pandurevic, With Appendix	06-Feb-09
Prlic and Others	Jadranko Prlic's Reply & Request For Leave To Reply To Prosecution Response To Jadranko Prlic's Request For Reconsideration Of The Decision On The Prlic Defence Motion To Add Exhibits To Its 65ter Exhibit List, 20 November 2008	10-Feb-09
Prlic and Others	Order Admitting Evidence Regarding Expert Witness Svetlana Radovanovic	10-Feb-09
Prlic and Others	Décision Portant Sur La Requête De La Défense Praljak D'admission De Déclarations Écrites En Vertu De L'article 92 Bis Du Réglement	06-Feb-09
Prlic and Others	Order Admitting Evidence Regarding Witness Mirko Zelenika	06-Feb-09
Prlic and Others	Order Admitting Evidence Regarding Witness Zdravko Batinic	06-Feb-09
Seselj (Contempt)	Internal Memorandum	09-Feb-09
Stakic (Appeal)	Prosecution's Consolidated Response To Stojan Zupljanin's Motions For Access To Confidential Material In The Darko Mrda, Milomir Stakic And Radoslav Brdanin Cases	06-Feb-09
Stanisic & Simatovic	Nalog O Zameni Sudije I Imenovanju Sudije Ad Litem U Predmetu Pred Pretresnim Vecem	06-Feb-09
Stanisic & Zupljanin	Prosecution's Response To Motion By Stojan Zupljanin For Access To All Confidential Materials In The Krajisnik Case	06-Feb-09
Stanisic & Zupljanin	Prosecution's Consolidated Response To Stojan Zupljanin's Motions For Access To Confidential Material In The Darko Mrdja, Milomir Stakic And Radoslav Brdjanin Cases	06-Feb-09
Tolimir (Interlocutory)	Prosecution's Motion For Extension Of Time To File A Response To Tolimir's "	10-Feb-09