Weekly Press Briefing - 30 June 2010

Date:  30.6.2010
Time: 12:00

Registry and Chambers:

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

Good afternoon,

Yesterday the Appeals Chamber terminated the appellate proceedings in the case of Rasim Delić, the former Commander of the Main Staff of the Army of Bosnia and Herzegovina (ABIH). Delić died on 16 April 2010 while on provisional release in Sarajevo. In the same decision, the Chamber ruled that the Trial Chamber’s Judgement convicting Delić on the basis of superior responsibility, for the crimes committed by the El Mujahed Detachment of the ABiH against captive Bosnian Serb soldiers in central Bosnia, shall be considered final. He was sentenced to three years in the judgement.

This is the first time in the history of this Tribunal and the International Criminal Tribunal for Rwanda, where an appellant has died before the rendering of the appeal judgement. The Appeals Chamber ruled that the Tribunal’s Statute and Rules of Procedure terminate appellate proceedings when an appellant has died before an appeals judgement is rendered.

On Monday, the President of the Tribunal Patrick Robinson granted Milan Gvero early release, on humanitarian grounds. Gvero was subsequently released from Tribunal custody and returned to Serbia yesterday afternoon.

While noting the gravity of his crimes, the President found that it is in the interest of justice to grant Gvero early release, considering that he has served over two-thirds of his sentence in the Tribunal’s Detention Unit. President Robinson also took into consideration Gvero’s urgent need for open-heart surgery, which he opted to undergo in Serbia. He also cited evidence of rehabilitation on the part of Gvero, as well as his voluntary surrender to the Tribunal.

Gvero was sentenced to five years’ imprisonment on 10 June 2010, for crimes against humanity and violations of the laws or customs of war. His co-defendants in the case of Popović and others, as well as the Prosecution, have until 8 September to file their respective notices of appeal.

Meanwhile, President Robinson has appointed the panel for the Appeals Chambers in this case. The Bench is composed of Judges Mehmet Güney, Fausto Pocar, Liu Daqun and Andrésia Vaz, with President Robinson presiding.

Turning to a development in the case of Vojislav Šešelj. The Registry has informed the Accused in writing that if he does not indicate his intention to provide, or make efforts to provide the Registry with the requested documents in relation to the investigation into his indigence, or his financial status, the Registry will be forced to deny the Accused’s requests for funding of his Defence. The Registry noted Šešelj’s long history of non-compliance with requests regarding his financial status.

Moving onto the court schedule:

The case of Momčilo Perišić has adjourned as of last Friday and will resume on 5 July due to issues of witness availability.

Hearings in the trial of Zdravko Tolimir, Radovan Karadžić, Jovica Stanišić and Franko Simatović as well as Mićo Stanišić and Stojan Župljanin continue this week and next as scheduled.

Office of the Prosecutor:

Acting Spokesperson for the Office of the Prosecutor, Frederick Swinnen, made no statement.

Questions:

Responding to a journalist’s request for comment on the allegations that Vojislav Šešelj ordered the assassination of Tomislav Nikolić, Registry and Chambers Spokesperson Nerma Jelačić said that she was aware of the allegations made in the media  and that to her knowledge the Serbian authorities have not confirmed the source of those allegations. She added she could not therefore comment on media speculations. However, she noted that the Tribunal holds in high regard the security in the Detention Unit and in this specific case referred to the Regulations Governing the supervision of visits to and communications with detainees. The rules specify that detainees can make outgoing calls after requesting to do so from the Commanding Officer. Such calls can be recorded and are monitored.

Documents:

Case

Title

Date

Delic (Appeal)

Decision On The Outcome Of The Proceedings

29-Jun-10

Delic (Appeal)

Decision On Motion For Continuation Of The Appellate Proceedings

29-Jun-10

Dordevic Vlastimir

Internal Memorandum Re. Assignment Of Exhibit Number Pursuant To Trial Chamber "Decision On Vlastimir Djorjevic's Motion To Exceed The Word Limit And Motion To Admit Documents From The Bar Table" Of 23 June 2010

29-Jun-10

Gotovina et Al.

Reasons For Decision Of 2 June 2010 To Hear Testimony Of Witnesses Bilobrk, Gerovac And Mikulic In Private Session

29-Jun-10

Gotovina et Al. (Interlocutory)

Réponse De L'accusation À L'appel Interjeté Par Ante Gotovina Contre La Décision Rendue Le 3 Juin 2010 Par La Chambre De Première Instance

28-Jun-10

Gotovina et Al. (Interlocutory)

Requete (Conseil De L'union Europeenne)

25-Jun-10

Gotovina et Al. (Interlocutory)

Réponse D'ante Gotovina À La Demande De L'union Européenne Aux Fins De Prorogation De Délai

28-Jun-10

Gotovina et Al. (Interlocutory)

Ante Gotovina's Reply To Prosecution's Response To The Gotovina Defence Appeal Against The Trial Chamber's 3 June 2010 Decision

25-Jun-10

Karadzic

Prosecution's Request For Leave To Reply To Response To Prosecution Submission On Richard Philipps Documents

29-Jun-10

Karadzic

Prosecution's Final Notification Of Additional Documents To Be Used With Witness Momcilo Mandic

28-Jun-10

Karadzic

Response To Prosecution Submission On Richard Phillips Documents

28-Jun-10

Karadzic

Prosecution's Response To Accused's Request To Have Assistance Of Defence Expert In Courtroom For Testimony Of Ekrem Suljevic

29-Jun-10

Karadzic

Request To Have Assistance Of Defence Expert In Courtroom For Testimony Of Ekrem Suljevic

28-Jun-10

Karadzic

Response To Filing Of Government Of Germany

29-Jun-10

Karadzic

Response To Motion To Add Kdz597

28-Jun-10

Lukic et al (Appeal)

Order Regarding The Status Of Exhibits Consisting Of Transcripts From Other Cases

28-Jun-10

Perisic

Decision In Respect Of Joint Submission Of Agreed Proposed By The Defence

29-Jun-10

Popovic (Appeal)

Decision On Joint Motion For Extension Of Time To File Notice Of Appeal

25-Jun-10

Prlic and Others

Decision Portant Sur La Demande De Reconsideration, Ou Dans L'alternative De Certification D'appel De La Decision Du 1er Fevrier 2010 Portant Application De L'article 73 D) Du Reglement A La Defense Prlic

28-Jun-10

Seselj

Prosecution's Motion For Authorisation To Exceed The Word Limit Applicable For Prosecution's Submission On Admissibility Of Domestic Judgements And Related Issues

28-Jun-10

Seselj

Registry Submission Pursuant To Rule33(B) Of The Rules Regarding The Registry's Indigency Investigation Of The Accused Vojislav Seselj

28-Jun-10

Stanisic & Simatovic

Prosecution Response To Stanisic Defence Request For Medical Opinion From Reporting Medical Officer

25-Jun-10

Stanisic & Simatovic

Registry Submission Of Expert Report

29-Jun-10

Stanisic & Simatovic

Stanisic Weekly Medical Report [29/06/2010]

29-Jun-10

Stanisic & Simatovic

Dodatak Odluci Po Zahtevima Tuzilastva Za Promenu Statusa Zapisnika Sa Sudjenja Na Osnovu Odluke Veca Po Zahtevu Srbije Za Zastitne Mere Od 3. Novebmra 2009.

28-Jun-10

Stanisic & Simatovic

Defence Motion Requesting Adjournment Of Proceedings

25-Jun-10

Stanisic & Simatovic

Defence Motion Requesting Provisional Release During The Summer Court Recess

25-Jun-10

Stanisic & Simatovic

Décision Relative À La Demande D'admission Sous Le Régime De L'article 92 Quater De La Déposition Du Témoin C-057, Présentée Par L'accusation

28-Jun-10

Stanisic & Zupljanin

Addendum To Prosecution's Motion Of 24 June 2010 For Leave To Amend Its Rule 65 Ter Exhibit List, With Annex

30-Jun-10

Stanisic & Zupljanin

Order Requiring The Prosecution To Select The Relevant Portions Of The Mladic Notebooks And To Provide English Translations Thereof

29-Jun-10

Zdravko Tolimir

Prosecution's Addendum To Its Rule 94 Bis Notices Of Disclosure Concerning Expert Witness Reports

29-Jun-10