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.
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
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
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
25 MR. MUELLER: I know. I was about to stand up and to ask you for
1 a favour to give me the floor.
2 JUDGE MUMBA: Yes. Mr. Babic can sit down as counsel is on his
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
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]
11 Pages 4-11 redacted. Private session.
3 --- Whereupon the Status Conference
4 adjourned at 4.55 p.m.