Weekly Press Briefing - 14 April 2010

Date:  14.4.2010
Time: 12:00

Registry and Chambers:

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

Good afternoon,

The trial of Radovan Karadžić resumed yesterday afternoon with the start of the Prosecution case. Hearings will be held three days per week for the remainder of April and until further order.

The trial of Vojislav Šešelj was adjourned on 30 March until further notice. Only one Chamber witness remains to be heard, and this is expected to take place in early May, after which the Trial Chamber will move to Rule 98bis procedure.

Next Tuesday 20 April, Vojislav Šešelj will make his initial appearance in the second contempt proceeding initiated against him by the Tribunal. The hearing will take place at 9:00 in Courtroom I. Šešelj is charged with having disclosed information on 11 protected witnesses, including their real names, occupations and places of residence, in violation of the Trial Chamber’s orders in a book he authored.

In the case of Prlić and others, the Ćorić defence rested its case on 1 April. The defence team of the last of six accused, Berislav Pušić, announced on 7 April that they will not call any witnesses. The next trial date will be announced in due course.

The trial of Momčilo Perisic adjourned yesterday for the rest of this week. The trial will resume on 3 May 2010. Timings and location will be confirmed in due course.

Hearings in the trial of Gotovina and others resume this afternoon in order to hear further Chamber witnesses. A total of seven Chamber witnesses are expected to be heard.

The trials of Mićo Stanišić and Stojan Župljanin, Vlastimir Đorđević, Jovica Stanišić and Franko Simatović and Zdravko Tolimir continue this week and next as scheduled.

The Tribunal has been busy outside of the courtrooms too.

This week the Tribunal welcomed three outreach visits from the former Yugoslavia. On Monday, the outreach programme hosted 19 students of law from Slovenia who were introduced to the work and achievements of the Tribunal. Furthermore, 15 journalists from the Western Balkans paid a study visit to the Tribunal earlier this week. And finally, Outreach is also hosting a group of Croatian war crimes trial monitors and journalists who are paying a study visit to the Tribunal. They have met with representatives from major branches of the ICTY to discuss issues ranging from investigations to media coverage of war crimes. The three-day visit has been organised by Dokumenta, a non governmental organisation from Croatia.

And finally, Registrar John Hocking is attending a three day meeting of Registrars of appellate, regional and international courts beginning today in Ottawa. Hosted by the Supreme Court of Canada, the meeting will address specific institutional and operational challenges and participating Registrars will exchange best practices on issues such as organisational structure and procedure, security of infrastructure and documents, translation and interpretation services, witness and victims protection programmes and enforcement of sentences. Registrar Hocking will address the meeting on Legal Aid and Defence Support at the ICTY.

Office of the Prosecutor:

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

Questions:

A journalist pointed out that Karadžić mentioned the local butcher in Sanski Most that carried out killings at Manjača was prepared to deny that he was ever there. Asked if he was on the list of witnesses Karadžić plans to call, Jelačić said that at this stage of the proceedings only the list of Prosecution witnesses is available and that the defence would be required to submit its 65ter list of witness after the close of the prosecution case.

Referring to a meeting between the Office of the Prosecutor (OTP) and a visiting group of Croatian journalists and NGO representatives and some media reports published in Croatia this morning, a visiting journalist who took part in these discussions asked OTP to clarify whether or not a letter was sent to Croatia in relation to the Mercep case and to further clarify the situation regarding that particular investigative file.

Kavran stated that, as was said yesterday, no letter was recently sent to the State Prosecutor's Office in Croatia regarding the Mercep file. Kavran clarified that what was sent to the Prosecutor in Croatia was done around four years ago, at the beginning of 2006 when the investigative files related to Tomislav Mercep and others in relation to crimes committed in the region of Slavonia during the war were transferred.

The OTP had conducted many investigations over the years since its establishment and gathered evidence against a number of persons suspected of committing serious violations of international humanitarian law. Due to resource limitations, some cases had to be given priority over others, which led to some investigations being halted, added Kavran. After the OTP stopped issuing new indictments at the end of 2004, as part of the completion strategy adopted by the UN, a number of unfinished case files containing evidence against suspected individuals remained in its possession. The OTP transferred these files to local prosecutors and the local judicial authorities bare the responsibility to bring such investigations to a conclusion based on the evidence provided by the ICTY, and to issue indictments where appropriate. A total of 17 such files were transferred to the Prosecutor’s offices in the former Yugoslavia: two to Croatia, one to Serbia and the remainder to Bosnia and Herzegovina.

To return to the issue in question: the file in relation to the crimes committed in Slavonija and Tomislav Mercep and others was transferred at the beginning of 2006. Based on part of that material a war crimes case known as "Marino selo" was conducted in Croatia. Kavran said that the journalists would have to address any other questions relating to this and other investigative files and any cases stemming from them, to the local Prosecutor's Office in Croatia. 

Kavran added that she would like to restate something that Prosecutor Brammertz had said on a number of occasions: the ICTY’s Office of the Prosecutor closely cooperates with the prosecution services in the states of the former Yugoslavia in a true partnership. Given our interdependence and mutually reinforcing work, our success is intrinsically linked. Furthermore, the ultimate success of the Tribunal will also depend on the ability of national courts to successfully conduct their own war crimes prosecutions.

A journalist said that the Prosecutor’s office in Croatia claimed that they had no obligation to inform the OTP of what steps they were taking based on the material sent and asked whether this was an accurate statement and whether the Croatian Prosecutor had provided any information. Kavran responded that it was true that the Croatian State Prosecutor had no duty to inform the OTP on these cases and that there was a collegial exchange of information. Kavran added that the duty to inform existed only in cases referred to regional judiciaries in accordance with Rule 11bis, the cases where an indictment had been issued by the Tribunal.

A journalist asked how it was possible that the OTP had given these investigation files to Croatia and just yesterday Croatia’s State Prosecutor’s office said the case did not exist. He also asked why there was such high trust in the independence of the Croatian Prosecutor’s office and judiciary. Kavran answered that there was no legal mechanism through which the OTP could interfere in the way local war crimes cases were conducted in Croatia. Kavran further stated that the OTP pointed out several times that it was cooperating with judiciaries in the region and that this cooperation did not only include the transfer of investigative files to the region but also responses to the requests for assistance from the region. Kavran added that in its bi-annual report submitted to the UN Security Council, the OTP submitted information on how many such requests had been received and processed. In addition, three liaison Prosecutors, one from Croatia, one from Bosnia and Herzegovina and one from Serbia, are currently based here in The Hague to provide a very important link between the local Prosecutor's Offices and the OTP.

Asked if there was any concern or motion planned regarding the lengthy cross examination of the first witness by Karadžić, Kavran said that it would not be appropriate to comment on the basis of the first witness and it would be up to the Chamber to determine the parameters in the courtroom. Jelačić added that Judge Kwon said yesterday that Karadžić’s estimated time appeared to be neither responsible or realistic and warned the accused not to expect to be granted all the time he suggests he needs.

Asked for the name of the Chamber witness scheduled to testify this afternoon in the Gotovina and others case, Jelačić said that the Chambers witness would be Stjepan Žinić.

Documents:

Description

Title

Date

Dordevic Vlastimir

[Cd-Rom] Annex A To Addendum To Vlastimir Dordevic's Motion To Admit Correlative Portions Of Mfi P1575 Used By The Defence With Witness Danica Marinkovic

12-Apr-10

Dordevic Vlastimir

Vlastimir Dordevic's Notification Of Order Of Witnesses For Week Commencing On 26 April 2010

12-Apr-10

Dordevic Vlastimir

Vlastimir Dordevic's Motion To Admit Correlative Portions Of Mfi P1575 Used By The Defence With Witness Danica Marinkovic

01-Apr-10

Dordevic Vlastimir

Vlastimir Dordevic's Notification Of Order Of Witnesses For Week Commencing On 19 April 2010

06-Apr-10

Gotovina et Al.

Defendant Ante Gotovina's Motion Requesting The Trial Chamber To Issue Decisions On Certain Motions By No Later Than 30 April 2010

01-Apr-10

Gotovina et Al.

Nalog Kojim Se Zakazuje Rasprava

06-Apr-10

Gotovina et Al.

Order Scheduling A Hearing

01-Apr-10

Gotovina et Al.

Gotovina Defence Submission In Response To Trial Chamber Invitation Of 29 March 2010

07-Apr-10

Gotovina et Al.

Gotovina Defence Reply In Support Of Request For Certificate To Appeal The Trial Chamber's Decision On Request For Permanent Restraining Orders Directed To The Republic Of Croatia

08-Apr-10

Gotovina et Al.

Defendant Mladen Markac's Joinder To Gotovina Defence Submission In Response To Trial Chamber Invitation Of 29 March 2010

08-Apr-10

Gotovina et Al.

Gotovina Defence Request To Reply To Prosecution's Opposition To The Gotovina Defence's Request For Certification To Appeal The Trial Chamber's Decision On Requests For Permanent Restraining Orders Directed To The Republic Of Croatia

06-Apr-10

Gotovina et Al.

Defendant Mladen Markac's Joinder To Defendant Ante Gotovina's Request For Certificate To Appeal The Trial Chamber's Decision On Request For Permanent Restraining Orders Directed To The Republic Of Croatia

08-Apr-10

Karadzic

Correspondence From State [The Netherlands]

09-Apr-10

Karadzic

Notification Of Time Estimates For April 2010

09-Apr-10

Karadzic

Prosecution Notification Of Submission Of Written Evidence Pursuant To Rule 92 Ter With Appendix A. Witness John Wilson

09-Apr-10

Karadzic

Prosecution's Final Notification Of Additional Documents To Be Used With Witness Ambassador Okun And Request For Leave To Add One Document To The Rule 65ter List

12-Apr-10

Karadzic

Withdrawal Of Motion For Binding Order: Government Of Netherlands

13-Apr-10

Karadzic

Nalog O Rasporedu

07-Apr-10

Karadzic

Decision On Motion For Stay Of The Proceedings

08-Apr-10

Karadzic

Scheduling Order

01-Apr-10

Karadzic

Poziv Kraljevini Nizozemskoj

09-Apr-10

Karadzic

Odluka Po Zahtjevu Za Obustavu Sudskog Postupka

12-Apr-10

Karadzic

Decision On The Prosecution's First Bar Table Motion

13-Apr-10

Karadzic

Decision On Prosecution's Motion For Admission Of The Evidence Of Kdz172 (Milan Babic) Pursuant To Rule 92 Quarter

13-Apr-10

Karadzic

Motion For Stay Of Proceedings : Violation Of Burden Of Proof And Presumption Of Innocence

01-Apr-10

Karadzic

Prosecution's Motion And Submission Pursuant To "Decision On Prosecution's Fourth Motion For Admission Of Statements And Transcripts Of Evidence In Lieu Of Viva Voce Testimony Pursuant To Rule 92bis (Sarajevo Siege Witnesses)" With Public Appendix A And C

06-Apr-10

Karadzic

Prosecution's Submission Of Witness List For The Week Commencing 13 April 2010 With Appendix A

08-Apr-10

Karadzic

Prosecution's Motion To Substitute Witness

08-Apr-10

Karadzic

Prosecution Notification Of Submission Of Written Evidnece Pursuant To Rule 92ter With Appendix A. Witness Abdel-Razek

06-Apr-10

Karadzic

Prosecution's Response To Motion For Stay Of The Proceedings

07-Apr-10

Karadzic

Response To Prosecution's Motion For Reconsideration / Certification Re : Miroslav Deronjic Evidence

07-Apr-10

Perisic

Prosecution's Response To Mr. Perisic's Motion For The Admission Of Evidence Pursuant To Rule 92bis

06-Apr-10

Perisic

Decision On Mr. Perisic's Motion For The Admission Of Evidence Pursuant To Rule 92 Bis With Public Annex A

13-Apr-10

Perisic

Response To Defence Motion For Judicial Notice Of Adjudicated Facts

08-Apr-10

Prlic and Others

Prosecution's Response To Milivoj Petkovic's Motion For The Admission Of Documentary Evidence

08-Apr-10

Prlic and Others

Response Of Bruno Stojic To Milivoj Petkovic's Motion For The Admission Of Documentary Evidence Filed 26 March 2010

09-Apr-10

Prlic and Others

Prosecution Objections To Exhibits Tendered By The Petkovic Defence In Connection With The Witness Zvonko Vidovic

13-Apr-10

Prlic and Others

Berislav Pusic's Notice Regarding Presentation Of Evidence In The Defence Case

07-Apr-10

Prlic and Others

Decision Relative Aux Demandes De La Defense Praljak De Certification D'appel Des Decisions Des 16 Fevrier Et 17 Mars 2010

01-Apr-10

Prlic and Others

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

01-Apr-10

Prlic and Others

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

01-Apr-10

Prlic and Others

Prosecution Objections To Exhibits Tendered By The Stojic Defence In Connection With The Witness Zvonko Vidovic

13-Apr-10

Prlic and Others

Prosecution Objections To Exhibits Tendered By The Coric Defence In Connection With The Witness Zvonko Vidovic

12-Apr-10

Prlic and Others

Valentin Coric's Opposition Against The Defence For Milivoj Petkovic's Request To Tender Certain Exhibits Into Evidence Through Witness Zvonko Vidovic

13-Apr-10

Prlic and Others

Valentin Coric's Opposition Against The Prosecution's Request To Tender Certain Exhibits Into Evidence Through Witness Zvonko Vidovic

13-Apr-10

Prlic and Others

Bruno Stojic's Filing Of The List Of Documents Tendered Through Witness Zvonko Vidovic On 30 March 2010

12-Apr-10

Prlic and Others

Prosecution Filing Of "Ic List" Of Exhibits Tendered For Admission Concerning Witness Zvonko Vidovic

12-Apr-10

Prlic and Others

Décision Portant Sur La Demande De La Défense Praljak D'admission D'éléments De Preuve Documentaires

01-Apr-10

Prlic and Others (Interlocutory)

Slobodan Praljak's Appeal Of The Trial Chamber's Refusal To Decide Upon Evidence Tendered Pursuant To Rule 92 Bis

07-Apr-10

Prlic and Others (Interlocutory)

Order Assigning Judges To A Case Before The Appeals Chamber

13-Apr-10

Sainovic et al (Appeal)

Defence Notice Of Filing Redacted Public Versions Of Final Trial Brief And Appeal Brief

06-Apr-10

Sainovic et al (Appeal)

Sreten Lukic's Reply In Support Of Second Motion To Present Additional Evidence Before Appeals Chamber

01-Apr-10

Sainovic et al (Appeal)

Scheduling Order

12-Apr-10

Seselj

Corrigendum To Prosecution's Response To The Accused's Motion Pursuant To Rule 66(B) For Alleged Prosecution Interviews With Tomislav Nikolic

01-Apr-10

Seselj

Prosecution's Response To The Accused's Motion Pursuant To Rule 66(B) For Alleged Prosecution Interviews With Tomislav Nikolic

01-Apr-10

Seselj

Odluka O Prihvatanju Svedocenja Miroslava Deronjica Na Osnovu Pravila 92 Quater Pravilnika O Postupku I Dokazima Sa Prilozenim Suprotnim Misljenjem Predsedavajuceg Sudije Jean-Claudea Antonettija

08-Apr-10

Seselj

Odgovor Tuzilastva Na Zahtev Optuzenog Na Osnovu Pravila 66(B) Da Mu Se Obelodane Navodni Razgobori Tuzilastva S Tomislavom Nikolicem

12-Apr-10

Seselj

Prosecution's Response To Motions By Mico Stanisic And Stojan Zupljanin For Access To All Confidential Materials In The Seselj Case

06-Apr-10

Seselj (Contempt Appeal)

Decision On Vojislav Seselj's Request To Submit An Oversized Reply Brief

09-Apr-10

Seselj (Contempt Appeal)

Odluka Po Zahtevu Vojislava Seselja Za Podnosenje Duze Replike

13-Apr-10

Stanisic & Simatovic

Odluka Po Zahtevu Tuzilastva Da Se Svedoci Saslusaju Putem Video-Konferencijske Veze

07-Apr-10

Stanisic & Simatovic

Stanisic Weekly Medical Report [13/04/2010]

13-Apr-10

Stanisic & Simatovic

Order (2) To Redact The Public Transcript And The Public Broadcast Of A Hearing [Re. Hearing 12/04/2010]

13-Apr-10

Stanisic & Simatovic

Stanisic Weekly Medical Report [06/04/2010]

06-Apr-10

Stanisic & Simatovic

Prosecution Response To Stojan Zupljanin Motion For Access To All Confidential Materials In The Stanisic And Simatovic Case

06-Apr-10

Stanisic & Simatovic

Decision On Prosecution's Motion For Admission Of Evidence Of Witness C-057 Pursuant To Rule 92 Quater

12-Apr-10

Stanisic & Simatovic

Odluka Po Jedanaestom, Dvanaestom I Trinaestom Zahtevu Tuzilastva Za Odobrenje Da Izmeni Svoj Spisak Dokaznih Predmeta Na Osnovu Pravila 65ter

08-Apr-10

Stanisic & Simatovic

Defence Response To "Prosecution Motion For Admission Of Evidence Of Witness Husein Ahmetovic Pursuant To Rule 92 Quater"

12-Apr-10

Stanisic & Zupljanin

Decision Granting In Part Prosecution's Consolidated Motion Concerning St139

06-Apr-10

Stanisic & Zupljanin

Prosecution's Response To Motion For Certification Of The "Decision Reconsidering In Part, And Providing Written Reasons, For The Trial Chamber's Oral Decision" Of 26 March 2010

14-Apr-10

Stanisic & Zupljanin

Prosecution Response To Stojan Zupljanin Motion For Access To All Confidential Materials In The Stanisic And Simatovic Case

06-Apr-10

Stanisic & Zupljanin

Prosecution Motion For An Extension Of Time To Request Certification To Appeal The Decision Granting In Part Prosecution's Motions For Judicial Notice Of Adjudicated Facts Pursuant To Rule 94(B) 

07-Apr-10

Stanisic & Zupljanin

Motion For Certification Of The "Decision Reconsidering In Part, And Providing Written Reasons For, The Trial Chamber's Oral Decision" Of 26 March 2010

01-Apr-10

Stanisic & Zupljanin

Prosecution's Request For Certification To Appeal The "Decision Granting In Part Prosecution's Motions For Judicial Notice Of Adjudicated Facts Pursuant To Rule 94(B) " 

07-Apr-10

Stanisic & Zupljanin

Decision Denying The Prosecution Motion For An Extension Of Time To Request Certification To Appeal The Decision Granting In Part Prosecution's Motions For Judicial Notice Of Adjudicated Facts Pursuant To Rule 94(B)

07-Apr-10

Stanisic & Zupljanin

Decision Granting In Part Prosecution's Motions For Judicial Notice Of Adjudicated Facts Pursuant To Rule 94(B)

01-Apr-10