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ICTY Weekly Press Briefing - 4 Dec. 2013

Date: 4.12.2013
Time: 12:30

Registry and Chambers:

Magdalena Spalińska, Spokesperson for Registry and Chambers, made the following statement:

Good afternoon,
   
Judge Theodor Meron, in his capacity as both ICTY and MICT president, will deliver tomorrow his bi-annual progress report to the UN Security Council. The speech is scheduled to begin at 15:00 New York time, which is 21:00 in The Hague. The live webcast of the address can be followed on the UN website.

I will now highlight several developments in the Tribunal’s ongoing cases.

In the case of Vojislav Šešelj, following an order from the Trial Chamber for both prosecution and the accused to file submissions, the translated version of Šešelj’s opinion on the continuation of proceedings in his case was filed last week. In his submission, Šešelj claims that following the disqualification of Judge Harhoff the proceedings in his case can no longer continue. Rehearing the case would, in his view, constitute a grave breach of international procedural law and therefore the proceedings against him should be suspended, he should be urgently released, and receive financial compensation.

Following Šešelj’s submission, the Prosecution also filed its opinion on the continuation of the case arguing that that the trial should continue at the deliberation stage, after Judge Niang familiarizes himself with the existing case record.

 Last week in the Karadžić case, Judge Moloto appointed by the MICT President Meron, denied Karadžić's request to investigate possible contempt of court by Carla del Ponte, former ICTY Prosecutor. Judge Moloto concluded that there had been no order from the Slobodan Milošević Chamber that was violated by Carla del Ponte, and therefore found there was no reason to believe that she was in contempt of the Tribunal.

In the Stanišić and Župljanin appeals case, Judge Agius, appointed by ICTY President Meron to consider a number of Defence motions in relation to the issue of Judge Harhoff's letter, assigned Judge Sekule to replace Judge Meron on the appeals bench for the sole purpose of considering these motions.

In relation to the Župljanin’s motion to vacate the Trial Chamber judgment, Judge Agius yesterday denied the accused’s motion requesting the disqualification of Judge Liu  from considering the motion. According to Župljanin, Judge Liu, who sat on the panel that disqualified Judge Harhoff from  the Šešelj case, dissented from the majority decision and  is therefore not in a position to adjudicate Župljanin’s Motion to Vacate without being predisposed to a particular outcome.

Now I will turn to the upcoming court schedule.

In the case of Goran Hadžić, a motion for acquittal (Rule 98bis) hearing has been scheduled for the 16 and 18 December at 9:00 in courtroom III. First the Defense will present its arguments on the 16th followed by the Prosecution’s response on the 18th. The Prosecution had closed its case on 17 October 2013.
   
In the case of Radovan Karadžić, former local official in the municipality of Ključ Marko Adamović is giving testimony. The Defence has so far called 194 witnesses in this case.

In the case of Ratko Mladić, the trial will resume tomorrow with the continued testimony of expert witness Reynaud Theunens, a military analyst. He is the 164th   witness, and last to be called by the Prosecution. The Prosecution is expected to complete its case next week.

During the trial last week, the Defence has already indicated it intends to file a Rule 98bis motion for acquittal.

The appeals hearing in Popović et al. case resumes this week. It is also scheduled for the whole of next week.

Finally, a status conference has been scheduled for the appeals case of Stanišić and Župljanin to be held on 11 December at 15:30 in Courtroom I.

Office of the Prosecutor:

Margriet Prins, Special Adviser to the Prosecutor, made the following statement:

Tomorrow the Prosecutor will present the Office of the Prosecutor's (OTP) 20th completion strategy report to the Security Council, addressing the current status of trials and appeals, cooperation between the countries in the former Yugoslavia and the OTP, and the progress of national war crimes cases in Bosnia and Herzegovina as well as regional cooperation between Croatia, Serbia and Bosnia and Herzegovina.

Questions:

No questions were asked.