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1 Friday, 17 December 2004

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 4.30 p.m.

6 JUDGE MUMBA: Mr. Registrar, please call the case.

7 THE REGISTRAR: Good afternoon, Your Honour. This is Case Number

8 IT-03-72-A, The Prosecutor versus Milan Babic.

9 JUDGE MUMBA: May I please have appearances, Prosecution, please.

10 MR. McKEON: Yes, Your Honour. Senior trial attorney Mark McKeon

11 for the Prosecution, and I am at counsel table with legal officer, Xavier

12 Tracol, and our case manager, Susan Grogan.

13 JUDGE MUMBA: Thank you. Defence, please.

14 MR. MUELLER: Good afternoon, Your Honour. Peter Michael Mueller

15 from Munich, lead counsel for Mr. Babic, and Mr. Robert Fogelnest from New

16 York as co-counsel. May I ask you a favour, Madam, please. Would you

17 permit me to wear my sunglasses. I underwent a laser operation on my left

18 eye. It would feel much more comfortable if I could wear it.

19 JUDGE MUMBA: Yes, please. We need counsel's eyes sharp. You may

20 go ahead.

21 MR. MUELLER: Thank you very much.

22 JUDGE MUMBA: May I ask Mr. Milan Babic whether he can understand

23 the proceedings.

24 THE APPELLANT: [Interpretation] Yes, Your Honour. Thank you.

25 JUDGE MUMBA: Thank you, please sit down.

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1 These proceedings are convened according to Rule 65 bis,

2 subparagraph (b). It is the first Status Conference since the notice of

3 appeal was filed by the appellant. And the purpose of the Status

4 Conference is to find out any matters concerning the health of the

5 appellant and the matters of detention pertaining to the appellant and any

6 other matters that the parties may raise. I note that the filings are

7 going on on time so far. We've had the notice of appeal and the brief,

8 and the other pleadings will follow according to the Rules as the parties

9 are aware. And as far as motions are concerned, we have none which are

10 pending.

11 I would like to ask Mr. Babic right away, the appellant, whether

12 he has any issues he wishes to raise regarding his health.

13 THE APPELLANT: [Interpretation] Thank you, Your Honour. As far as

14 my health is concerned, my health is under control. I have treatment for

15 my chronic illnesses. As for my other issues, I would like to address you

16 in private session regarding that.

17 JUDGE MUMBA: That is about health. Any other matters regarding

18 your status in detention, the facilities or any other matters you wish to

19 raise?

20 THE APPELLANT: [Interpretation] Yes, Your Honour. But could we

21 please turn into private session for that.

22 JUDGE MUMBA: Counsel for the Defence, is that in agreement with

23 your instructions that we go into private session since this is a public

24 hearing.

25 MR. MUELLER: I know. I was about to stand up and to ask you for

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1 a favour to give me the floor.

2 JUDGE MUMBA: Yes. Mr. Babic can sit down as counsel is on his

3 feet.

4 MR. MUELLER: Mr. Babic is probably making some comments on his,

5 let's say, psychological situation.

6 JUDGE MUMBA: Yes.

7 MR. MUELLER: In particular, he's going to address the situation

8 of his family.

9 JUDGE MUMBA: Yes.

10 MR. MUELLER: He kindly asked me to ask you for closed session.

11 As you know, there is a particular problem perhaps if we do all this in

12 open session.

13 JUDGE MUMBA: I see. All right. I would like to ask the

14 Prosecution counsel whether there are any objections.

15 MR. McKEON: No, there's no objection, Your Honour. I think it

16 would be appropriate to have this portion of the hearing in a private

17 session.

18 JUDGE MUMBA: Very well, thank you.

19 May I ask the Registrar, please, to ask the relevant office for

20 private session.

21 [Private session]

22 (redacted)

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25 (redacted)

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3 --- Whereupon the Status Conference

4 adjourned at 4.55 p.m.

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