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ICTY Weekly Press Briefing - 09 December 2009

Date: 9.12.2009
Time: 11:00

Registry and Chambers:

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

Good morning,

Yesterday, the Appeals Chamber dismissed Veselin Šljivančanin’s motion to reconsider the Appeals Judgement of 5 May 2009. The Appeals Chamber found that Šljivančanin’s request is an attempt to re-litigate issues finally decided on appeal. The Chamber recalled that it has no power to reconsider final judgements as the Statute of the Tribunal only provides for a right of appeal of a Trial Chamber Judgement, a right of review of an Appeals Chamber Judgement but not for a second right to appeal, by means of reconsideration, of a final judgement.

On Monday, the Trial Chamber dismissed Radovan Karadžić’s motion challenging the legal validity and legitimacy of the Tribunal. In reaching its decision, the Trial Chamber noted that the issue as to whether the UN Security Council acted legally in establishing the Tribunal had already been unambiguously settled in 1995 in the case of Duško Tadić. The Trial Chamber dismissed Karadzic’s argument that the Tribunal was not legally constituted because it was not established through an international treaty. The Chamber referred to the Appeals Chamber’s earlier finding that the establishment of the Tribunal fell squarely within the powers of the UN Security Council. The Trial Chamber added that “the establishment of an international tribunal through an international treaty (…) is but one of the methods by which to set up such a tribunal.” The Trial Chamber concluded by emphasising to the Accused that his efforts and resources should best be directed towards preparing for the resumption of his trial rather than filing challenges out of moral duty.

In the case of Momčilo Perišić, the Trial Chamber on Monday granted the Accused’s request to be provisionally released during the current break in his trial which is due to resume on 25 January with the start of the Defence case. The Trial Chamber ordered that Perišić be provisionally released to Serbia as soon as practicable and that he shall return by 14 January 2010. Prosecution has not appealed the decision and the Accused is expected to leave soon.

Onto the courtroom schedule:

Two Scheduling Orders were filed since last Wednesday, one announcing that the Appeals Hearing in the case of Rasim Delić will be held on Tuesday, 12 January 2010 and another one setting the date of a Status Conference in the Šainović and others case for Monday, 18 January 2010.

A pre-trial conference will be held in the Zdravko Tolimir case on Wednesday, 16 October at 14:15 in Courtroom I. The Trial is expected to start the following day at 9:00 am in Courtroom I.

Also on Wednesday, a hearing in the case of Gotovina and others will be held at 9:00 am in Courtroom III between representatives of the Republic of Croatia and the OTP to discuss the list of documents still sought by the Prosecution. These documents relate to the artillery operation carried out during Operation Storm, and the Special Police documents relevant to the activities and operations of Mladen Markač and his subordinate Special Police units during and following Operation Storm.

The trials of Vlastimir Ðorđević, Gotovina and others, Prlić and others, Mićo Stanišić and Stojan Župljanin as well as Jovica Stanišić and Franko Simatović will continue this week and next as scheduled.

And finally, the Tribunal is hosting this week a visit from a group of journalists from Serbia. The aim of this visit, which is co-organised by the Outreach programme and the OSCE mission to Serbia, is to deepen the journalists’ understanding of the Tribunal and improve their reporting skills on war crimes trials before the Tribunal.

Office of the Prosecutor:

Olga Kavran, Spokesperson for the Office of the Prosecutor, was not present.

Questions

Documents:

Case	Title	Date
Dordevic Vlastimir	Vlastimir Dordevic's Response To Prosecution's Second Motion To Re-Open The Case And Submission Of Proof-Of-Death Charts	07-Dec-09
Dordevic Vlastimir	Nalog Kojim Se Zakazuje Konferencija Pre Izvodenja Dokaza Odbrane	08-Dec-09
Dordevic Vlastimir	Decision On Prosecution's Motion To Re-Open The Case And Exceed The Word Limit And Second Motion To Admit Exhibits From The Bar Table	07-Dec-09
Dordevic Vlastimir	Internal Memorandum Re Assignment Of Exhibit Number Pursuant To Trial Chamber's "Decision Prosecution's Motion To Re-Open The Case And Exceed The Word Limit And Second Motion To Admit Exhibits From The Bar Table", Of 7 December 2009	08-Dec-09
Gotovina et Al.	Cd-Rom Enclosure To Prosecution's Submission Of Missing Artillery Documents Received From Croatia	07-Dec-09
Gotovina et Al.	Prosecution's Corrigendum To Submission Of Missing Artillery Documents Received From Croatia	09-Dec-09
Gotovina et Al.	Ivan Cermak's Motion For Admission Of Documents Into Evidence ("Bjelina Murders")	08-Dec-09
Gotovina et Al.	Prosecution's Response To Defendant Mladen Markac's Submission Of Rule 92 Ter Statement For Witness Mm-16	09-Dec-09
Gotovina et Al.	Internal Memorandum Re. Exhibit Numbers Assigned To Documents Tendered In Prosecution's 10 February 2009 Motion	04-Dec-09
Gotovina et Al.	Gotovina Defence Request For Certificate To Appeal The Trial Chamber's Decision On Motion For Non-Disclosure Order Directed To Prosecutor Serge Brammertz	08-Dec-09
Gotovina et Al.	Prosecution's Response To Defendant Mladen Markac's Submission Of Rule 92 Ter Statement For Witness Mm-12	09-Dec-09
Hartmann (Appeal)	Florence Hartmann's Reply Brief	04-Dec-09
Karadzic	Odluka Po Zahtjevu Tuzilastva Za Ponovno Razmatranje Odluke Po Drugom Zahtjevu Tuzilastva Za Formalno Primanje Na Znanje Cinjenica O Kojima Je Vec Presudeno	08-Dec-09
Karadzic	Odluka Po Prvom Zahtjevu Tuzilastva Za Prihvatanje Izjava I Transkripata Iskaza Umjesto Svjedocenja Viva Voce Na Osnovu Pravila 92bis (Svjedoci Za Jedanaest Opstina)	03-Dec-09
Karadzic	Decision On The 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"	07-Dec-09
Karadzic	Decision On The Accused's Motion Challenging The Legal Validity And Legitimacy Of The Tribunal	07-Dec-09
Karadzic	Odluka Po Molbi Vlade Republike Italije	03-Dec-09
Karadzic	Odluka Po Sestom Zahtjevu Tuzilastva Za Prihvatanje Izjava Umjesto Iskaza Viva Voce Na Osnovu Pravila 92 Bis : Svjedoci Koji Su Bili Taoci	03-Dec-09
Karadzic	Odluka Po Molbi Islamske Republike Pakistan	03-Dec-09
Karadzic	Decision Relative A La Requete Presentee Par Les Autorites De La Republique Federale D'allemagne	04-Dec-09
Karadzic	Odluka Po Molbi Vlade Islamske Republike Iran	08-Dec-09
Karadzic	Corrigendum Odluke Po Prvom Zahtjevu Tuzilastva Za Prihvatanje Izjava I Transkripata Iskaza Umjesto Iskaza Viva Voce Na Osnovu Pravila 92bis (Svjedoci Za Jedanaest Opstina)	03-Dec-09
Karadzic	Motion To Vacate Appointment Of Richard Harvey	04-Dec-09
Karadzic	Order Setting A Deadline For Registry Submission On Accused's Motion To Vacate Appointment Of Richard Harvey	04-Dec-09
Karadzic	Second Notice Of Request To United Nations Security Council	07-Dec-09
Lukic et al (Appeal)	Corrigendum To Milan Lukic's Amended Notice Of Appeal	04-Dec-09
Lukic et al (Appeal)	Decision On The Prosecution's "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	07-Dec-09
Mrksic (Appeal)	Decision On Motion On Behalf Of Veselin Sljivancanin Seeking Reconsideration Of The Judgement Rendered By The Appeals Chamber On 5 May 2009 - Or An Alternative Remedy	08-Dec-09
Mrksic (Appeal)	Prosecution's Response To Icdaa And Nacdl Request To Appear As Amici Curiae	07-Dec-09
Perisic	Odluka Po Zahtevu G. Perisica Za Privremeno Pustanje Na Slobodu	08-Dec-09
Perisic	Request For Leave To Reply And Reply To Prosecution Submission Regarding Outstanding Documents Labelled "Marked For Identification"	08-Dec-09
Perisic	Prosecution Response To Mr. Perisic's Motion For Provisional Release	03-Dec-09
Perisic	Prosecution Response To Defence Motion For Reconsideration Of Trial Chamber Decision Of 16 November 2009	04-Dec-09
Perisic	Odluka Po Zahtevu Tuzilastva Za Skidanje Oznake "Obelezeno Radi Identifikacije" Sa Dokaznih Predmeta I Za Povlacenje Dodatnih Dokaznih Predmeta	08-Dec-09
Perisic	Decision On Prosecution's Report Relating To Open Source Documents	07-Dec-09
Perisic	Decision On Mr. Perisic's Motion For Provisional Releease	07-Dec-09
Popovic et al (interlocutory appeal)	Odluka Po Zalbi Radivoja Miletica Na Odluku Po Mileticevom Zahtjevu Za Privremeno Pustanje Na Slobodu	08-Dec-09
Prlic and Others	Ordonnance Portant Admission D'elements De Preuve Relatifs Au Temoin Ivan Beneta	07-Dec-09
Prlic and Others	Notice By The Accused Mr. Praljak (Absence From Court)	07-Dec-09
Prlic and Others	Jadranko Prlic's Response To Prosecution Motion For Reconsideration Or, In The Alternative, For Certification To Appeal Of 24 November 2009	04-Dec-09
Prlic and Others	Demande De Reexamen Du Corrigendum A La Decision Portant Sur La Demande D'admission D'elements De Preuve Documentaire Presentee Par L'accusation (Deux Requetes Hvo/Herceg-Bosna) En Date Du 17 Novembre 2009 Ou, A Defaut, De Certification De L'appel Envisag	08-Dec-09
Prlic and Others	Corrigendum A L'ordonnance Portant Admission D'elements De Preuve Relatifs Au Temoin Dragan Curcic (P 09324)	03-Dec-09
Prlic and Others	Decision Portant Sur La Demande De La Defense Prlic De Certification D'appel	07-Dec-09
Prlic and Others	Demande D'autorisation De Epliquer Aux Reponses A La Demande D'admission D'elements De Preuve Documentaires Presentee Par Slobodan Praljak	03-Dec-09
Prlic and Others	Decision Modifiant Les Decisions Relative A L'admission Des Depositions De Stjepan Mesic Du Temoin Dp	07-Dec-09
Prlic and Others (Interlocutory)	Order Assigning Judges To A Case Before The Appeals Chamber	08-Dec-09
Sainovic et al (Appeal)	Decision On Dragoljub Ojdanic's Second Motion To Amend His Notice Of Appeal	04-Dec-09
Seselj	Odluka Po Zahtevu Za Prihvatanje Iskaza Aleksandra Filkovica Na Osnovu Pravila 92quater	08-Dec-09
Seselj	Obaveštenje Tužilaštva O Postupanju Po Odluci Po Zahtevu Tužioca Da Mu Se Vrate	08-Dec-09
Seselj (Contempt Appeal)	Odluka Po Zahtevu Za Izuzece	08-Dec-09
Stanisic & Simatovic	Defence Motion Requesting Provisional Release During The Winter Court Recess	04-Dec-09
Stanisic & Simatovic	Stanisic Additional Medical Report [08/12/2009]	08-Dec-09
Stanisic & Simatovic	Notice Re. Non-Attendance In Court (Mr Stanisic) (08/12/2009)	08-Dec-09
Stanisic & Simatovic	Defence Response To Prosecution First Motion For Admission Of Exhibits From The Bar Table	07-Dec-09
Stanisic & Simatovic	Defence Response To Prosecution First Motion For Admission Of Exhibits From Bar Table And Request For Postponement	04-Dec-09
Stanisic & Simatovic	Stanisic Weekly Medical Report [07/12/2009]	07-Dec-09
Stanisic & Simatovic	Second Corrigendum To Prosecution Submission On 92 Ter And 92 Bis Witnesses	03-Dec-09
Stanisic & Zupljanin	Decision Denying Prosecution's Request For Admission Of Unexhibited Documents Through Witness St161	08-Dec-09
Stanisic & Zupljanin	Decision Granting Prosecution's Motion For Re-Consideration Of The Trial Chamber's Decision On Documents Related To Dorothea Hanson (St158)	04-Dec-09
Stanisic & Zupljanin	Decision Granting Prosecution's Second Motion For Leave To Amend Its Rule 65 Ter Exhibit List To Add Documents Related To Christian Nielsen (St092)	04-Dec-09
Zdravko Tolimir	Decision On The Accused's Request For Leave To Appeal The Oral Ruling Of The Chamber Of 22 October 2009	08-Dec-09