ICTY Weekly Press Briefing - 14 October 2009

ICTY Weekly Press Briefing                                           
Date:  14.10.2009
Time: 12:00

Registry and Chambers:

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

Good afternoon,

I would like to address some erroneous reports on the Appeals Chamber decision on the commencement of Radovan Karadžić’s trial. The Chamber yesterday ordered the Trial Chamber in the Karadzic case to delay the commencement of trial until one week after the Prosecution files the marked up indictment it was ordered to submit at the Pre-Trial Conference. The “marked up” indictment refers to the operative indictment – the one which will be used at trial – to be filed by the Prosecution reflecting the reduced size of the case. This follows the Trial Chamber’s acceptance of the Prosecution’s proposals for shortening the indictment.

The Appeals Chamber dismissed in all other respects the Accused's appeal against the Decision on Commencement of Trial noting that it appeared to be based on a number of erroneous assumptions. Among others, it dismissed Karadžić's contention that the Trial Chamber did not give appropriate consideration to the size and scope of the case against Karadžić, as well as his claim that as a self-represented accused he faced particular difficulties in reviewing the material. The Appeals Chamber noted that Karadžić had a relatively large group of paid and unpaid advisors, and while it may have taken some time to recruit these advisors and they may not be able to work on every trial issue he would wish, these advisors are a source of significant support and their limitations are linked to Karadžić’s choice to be self-represented.

According to the Appeals Chamber, a defendant who decides to represent himself relinquishes many of the benefits associated with representation by counsel.

To further clarify the 'one week' time frame quoted in the particular Appeals Chamber decision, this means that at the very latest, the trial will start on 26 October. The exact date depends on how soon the OTP files its “marked up” indictment. The Trial Chamber is expected to issue a scheduling order on the start of trial soon.

Also yesterday, the Appeals Chamber rendered its decision on Karadžić’s appeal against the Trial Chamber’s Decision on the alleged Holbrooke agreement. The Appeals Chamber dismissed the Appeal in its entirety, finding that ‘even if the alleged Agreement were proved, it would not limit the jurisdiction of the Tribunal, it would not otherwise be binding on the Tribunal and it would not trigger the doctrine of abuse of process.’ The Appeals Chamber however added that Karadžić may present during the course of his trial evidence supporting the allegations, which could be considered for the purpose of sentencing.

As regards the upcoming courtroom schedule:

A Status Conference in the case of Zdravko Tolimir will be held on Thursday, 22 October at 10:00 in Courtroom III.

The trial of Vlastimir Ðorđević will resume next Tuesday, 20 October. The Prosecution case is drawing to a close and it is expected that the remaining witnesses will have testified by the end of the month.

The trial of Prlić and others was adjourned yesterday with the Praljak Defence resting its case. The trial will resume on Monday, 26 October when Milivoj Petković’s Defence case will commence.

The trial of Momčilo Perišić and Jovica Stanišić and Franko Simatović remain adjourned until further notice.

Hearings in the trials of, Mićo Stanišić and Stojan Župljanin as well as Gotovina and others continue this week and next as scheduled.


Office of the Prosecutor:

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


Questions:

A journalist asked whether the OTP will use the time provided by the Chamber to file its “marked up” version of the indictment by Monday, 19 October. Olga Kavran answered that there is no indication to the contrary but that the journalists will be informed through the usual channels as soon as the indictment is filed.

Asked whether the Trial Chamber will issue a Scheduling Order only after the 19 October deadline passes, Nerma Jelačić responded that this was not necessarily the case and that the decision is in the Trial Chamber’s discretion.

Documents:

Case

Title

Date

Boskoski et al (Appeal)

Ordonnance Fixant La Date Du Procès En Appel

12-Oct-09

Boskoski et al (Appeal)

[Scheduling Order For Appeal Hearing]

12-Oct-09

Dordevic Vlastimir

Cd-Rom To Prosecution Motion Re Exhibit P1302 With Attachment A

12-Oct-09

Dordevic Vlastimir

Prosecution Notification Of The Order Of Witnesses For Week Commencing On 26 October 2009

13-Oct-09

Dordevic Vlastimir

Decision On Prosecution's Motion Re Exhibit P1287 With Attachment A

09-Oct-09

Gotovina et Al.

Odluka Po Zahtjevu Za Prihvacanje Izvjestaja Vjestaka Geoffreya Corna

09-Oct-09

Gotovina et Al.

Prosecution's Response To Defendant Ivan Cermak's Submission Of Expert Report Of Christopher Albiston Pursuant To Rule 94 Bis

12-Oct-09

Gotovina et Al.

Defendant Mladen Markac's Submission Of Professor Nikica Baric's Expert Report Pursuant To Rule 94 Bis

09-Oct-09

Gotovina et Al.

Odluka Po Zahtjevu Okrivljenog Ante Gotovine Za Prihvacanje Izjave Jednog Svjedoka Na Temelju Pravila  92 Bis

09-Oct-09

Gotovina et Al.

Defendant Ante Gotovina's Request For Clarification Of The Trial Chamber's Correspondence With Croatia Dated 11 September 2009

13-Oct-09

Gotovina et Al.

Prosecution Response To Gotovina's Renewed Motion For Restraining Order Aginst The Republic Of Croatia Pursuant To Rule 54

13-Oct-09

Gotovina et Al.

Defendant Ante Gotovina's Response To Cermak Defence Motion For Admission Of Evidence Pursuant To Rule 92 Quater

13-Oct-09

Hartmann (Appeal)

Motion Seeking Leave For Extension Of World Limit For Appeals Brief

09-Oct-09

Hartmann (Appeal)

Book Of Authorities

12-Oct-09

Hartmann (Appeal)

Order To The Registrar To Serve Appeal Related Filings On The Amicus Curiae Prosecutor

09-Oct-09

Hartmann (Appeal)

Florence Hartmann's Response To Amicus Motion To Strike Notice Of Appeal

13-Oct-09

Hartmann (Appeal)

Decision On Motion To Stay Payment Of Fine

09-Oct-09

Hartmann (Appeal)

Florence Hartmann's Appellant Brief (Public Version)

12-Oct-09

Karadzic (Interlocutory)

Decision On Radovan Karadzic's Appeal Of The Decision On Commencement Of Trial

13-Oct-09

Karadzic (Interlocutory)

Decision On Karadzic's Appeal Of Trial Chamber's Decision On Alleged Holbrooke Agreement

12-Oct-09

Karadzic (Interlocutory)

Reply Brief: Appeal Of Decision On Commencement Of Trial

12-Oct-09

Karadzic

Decision On Denying Radovan Karadzic's Motion For Variance Of Protective Measures

13-Oct-09

Karadzic

Motion For Finding Of Non-Bis-In-Idem

09-Oct-09

Karadzic

Correspondence From State [Germany]

13-Oct-09

Karadzic

Correspondence From State [Greece]

13-Oct-09

Karadzic

Prosecution's Motion For Reconsideration And Rescission Of The Order To Disclose Issued In Trial Chamber's "Decision On Motion By Radovan Karadzic For Access To Confidential Materials In The Lukic And Lukic Case" Of 10 July 2009

12-Oct-09

Karadzic

Decision On Second Prosecution Motion For Judicial Notice Of Adjudicated Facts

09-Oct-09

Karadzic

Third Invitation To The Islamic Republic Of Pakistan

13-Oct-09

Karadzic

Decision On The Accused's Application For Binding Order Pursuant To Rule 54 Bis (United States Of America)

12-Oct-09

Karadzic

Response From The Government Of The United Kingdom To Radovan Karadzic's Motion For A Binding Order

09-Oct-09

Karadzic

Second Invitation To The Government Of Bosnia And Herzegovina

13-Oct-09

Karadzic

Prosecution's Notification Of Order Of Witnesses With Appendix

09-Oct-09

Karadzic

Second Invitation To The French Republic

13-Oct-09

Karadzic

Order On Prosecution's Notification Of Order Of Witnesses

12-Oct-09

Karadzic

Poziv Vladi Republike Hrvatske

13-Oct-09

Karadzic

Decision On Motion For Leave To File A Reply

09-Oct-09

Karadzic

Decision On Request From The Republic Of Croatia

09-Oct-09

Karadzic

Registry Submission Re Media Contact - Russia Today

09-Oct-09

Karadzic

Request For Second Invitation To Government Of Bosnia

09-Oct-09

Karadzic

Request For Third Invitation To Government Of Pakistan

09-Oct-09

Lukic et al (Appeal)

Prosecution's Motion For Reconsideration And Rescission Of The Order To Disclose Issued In Trial Chamber's "Decision On Motion By Radovan Karadzic For Access To Confidential Materials In The Lukic And Lukic Case" Of 10 July 2009

12-Oct-09

Milosevic Dragomir (Appeal)

Odluka Po Trecem Zahtjevu Dragomira Milosevica Za Izvodenje Dodatnih Dokaza

09-Oct-09

Perisic

Prosecution Second Bar Table Motion, With Public Annex A And Confidential Annex B

12-Oct-09

Prlic and Others

Requête De L'accusation Aux Fins D'autorisation De Dupliquer Et Duplique À La Réplique De Bruno Stojic, Slobodan Praljak Et Milivoj Petkovic À La Réponse De L'accusation À La Requête Qu'ils Ont Présentée Au Titre De L'article 68 Du Règlement

09-Oct-09

Prlic and Others

Legal Opinion Amicus Curiae Response To The Chamber's Questions Following The Order Appointing An Amicus Curiae Of 25 August 2009

14-Oct-09

Prlic and Others

Slobodan Praljak's Request For Reconsideration, Or In The Alternative, For Certification To Appeal The Trial Chamber's 6 October 2009 Decision Denying The Admission Of Much Of The Expert Report Of Josip Jurcevic (3d03720)

12-Oct-09

Prlic and Others

Odluka Po Zahtjevu Stojiceve Odbrane Za Prihvatanje Dokumentarnih Dokaza (Saradnja Vlasti I Oružanih Snaga Herceg-Bosne Sa Vlastima I Oružanim Snagama Abih)

09-Oct-09

Prlic and Others

Odluka Po Zahtjevu Stojiceve Odbrane Za Preispitivanje Odluke O Prihvatanju Dokumentarnih Dokaza (Saradnja Vlasti I Oružanih Snaga Herceg-Bosne Sa Vlastima I Oružanim Snagama Abih)

09-Oct-09

Prlic and Others

Ordonnance Portant Sur Les Modalites De L'audition Du Temoin Expert Milan Gorjanc

12-Oct-09

Prlic and Others

Motion Of Milivoj Petkovic For Reconsideration Of Trial Chamber 6 October 2009 Ordonnance Portant Sur L'admission D'elements De Preuve Relatifs Au Temoin Expert Josip Jurcevic So As To Admit Into Evidence 5 Further Exhibits Tendered By The Petkovic Defenc

13-Oct-09

Prlic and Others

Notice By The Accused Mr. Pusic (Absence From Court)

13-Oct-09

Prlic and Others

Ordonnance Portant Admission D'éléments De Preuve Relatifs Au Témoin Zvonimir Skender

13-Oct-09

Seselj

Podnesak Sekretarijata Na Osnovu Pravila 33(B) U Vezi Sa Podneskom Optuženog Br. 425 

09-Oct-09

Seselj

Motion To Admit Mfi P00016 And Related Exhibits

14-Oct-09

Seselj

(Re-Filed)Podnesak Sekretarijata Na Osnovu Pravila 33(B) U Vezi Sa Podneskom Optuženog Br. 425 

12-Oct-09

Seselj (Contempt Appeal)

Hitni Zahtev Da Se S Interneta Uklone Informacije O Zasticenom Svedoku

12-Oct-09

Stanisic & Simatovic

Addendum. Defence Motion Requesting Provisional Release

12-Oct-09

Stanisic & Simatovic

Odluka Po Zahtevu Tuzilastva Da Se U Spis Uvrsti Svedocenje Svedoka Koji Nisu Dostupni Na Osnovu Pravila 92 Quater

12-Oct-09

Stanisic & Simatovic

Defence Application Seeking To Reply To Prosecution Response To Variation Of Word Limit For Motion On The Form Of The Indictment (Incorporating Application To Show Good Cause And Argue Merits)

13-Oct-09

Stanisic & Simatovic

Odluka

09-Oct-09

Stanisic & Zupljanin

Mr. Stanisic's Request For Reconsideration Of The Trial Chamber's Decisions Concerning 92ter Witnesses

12-Oct-09

Stanisic & Zupljanin

Notice By The Accused Mr. Zupljanin (Absence From Court) - Corrected Version

12-Oct-09

Stanisic & Zupljanin

Urgent Motion For Relief Concerning The Testimony Of Witness St-203

12-Oct-09

Stanisic & Zupljanin

Notice By The Accused Mr. Zupljanin (Absence From Court)

12-Oct-09

Stanisic & Zupljanin

Decision Denying Radovan Karadzic's Motion For Variance Of Protective Measures

13-Oct-09