1 Friday, 11 March 2005
2 [Status Conference]
3 [Open session]
4 [The appellant entered court]
5 --- Upon commencing at 4.03 p.m.
6 JUDGE MUMBA: Good afternoon. The registry, please call the
8 THE REGISTRAR: Good afternoon, Your Honour. It's the Case
9 Number IT-03-72-A, the Prosecutor versus Milan Babic.
10 JUDGE MUMBA: Thank you.
11 May I have appearances, please, the Prosecution.
12 MR. TRACOL: [Interpretation] Yes, good afternoon, Your Honour.
13 Susan Grogan and myself, Xavier Tracol, on behalf of the Prosecution.
14 JUDGE MUMBA: May I have the appearances for the Defence, please.
15 MR. MUELLER: Good afternoon, Madam. Peter Martin Mueller from
16 Munich, Germany as counsel for Mr. Babic. I would like to ask apologies
17 for any delays this afternoon.
18 JUDGE MUMBA: Thank you. Yes, I was wondering if you were
19 available, but at last you are here.
20 MR. MUELLER: I was here. I just had to dress up a little bit.
21 JUDGE MUMBA: It's a complicated profession.
22 Yes, I'd like to find out from Mr. Babic whether he can hear the
23 proceedings in a language he understands. Mr. Babic.
24 THE INTERPRETER: Microphone, please.
25 THE APPELLANT: [Interpretation] Yes, Your Honour.
1 JUDGE MUMBA: Thank you.
2 This is a Status Conference under the provisions of Rule 65 bis,
3 paragraph B, where a Chamber is required to hold a Status Conference for
4 any person who is in detention, in this case awaiting an appeal. This is
5 to allow the appellant to express concerns relating to the appeal or the
6 detention conditions or the health of the appellant, and also to update
7 the appellant with respect to the status of the appeal.
8 The last Status Conference was held on the 17th of December,
9 2004. We are holding this Status Conference a little too earlier simply
10 because the appeal is ready for hearing and the scheduling order has
11 already been issued and the appeal hearing will be held on the 25th of
12 April this year in the morning, has the parties have already been
14 I would like to find out from Mr. Babic as to whether he has
15 concerns that you would like to raise.
16 Before he does that, I would like to inform him that following
17 the matters that were raised during the last Status Conference corning
18 his family, the Appeals Chamber did request the registrar to file a
19 report on the status of the family of the appellant and the registrar did
20 on the 3rd of March file the report. So that the Appeals Chamber Judges
21 are aware of what is happening. The report so filed is under
22 confidential cover so it can be discussed and there is no need to discuss
23 it except to inform the appellant that the Appeals Chamber is aware of
24 what is going on.
25 I would like to ask the Prosecution whether there are any matters
1 they wish to raise specifically in this Status Conference.
2 MR. TRACOL: [Interpretation] No, Your Honour. Nothing to say.
3 Thank you.
4 JUDGE MUMBA: Yes.
5 I'll go back to Mr. Babic since I had asked him whether there
6 were any matters he wishes to discuss concerning the detention
7 conditions, his health, or any other matters indeed.
8 THE APPELLANT: [Interpretation] Thank you, Your Honour. The only
9 thing that I would like to say is to add a comment to the report that you
10 mentioned a moment ago, but I would like us to go into closed session for
11 that, please.
12 JUDGE MUMBA: Very well.
13 Yes, Counsel.
14 MR. MUELLER: I'm sorry, Your Honour. If the client does this I
15 wonder whether it would be advisable to go in closed session.
16 JUDGE MUMBA: Yes.
17 MR. MUELLER: Because the content of the report -- if he talks
18 about the content of the report, then it's perhaps to do so.
19 JUDGE MUMBA: Yes, if --
20 MR. MUELLER: If you agree, please.
21 JUDGE MUMBA: Yes. I'll allow the appellant to do so, and we
22 shall move into closed session.
23 [Closed session]
11 Page 16 redacted. Closed session.
9 [Open session]
10 THE REGISTRAR: We are in open session.
11 JUDGE MUMBA: Yes. The appellant has indicated that there is
12 nothing else to raise, and the Defence counsel has also indicated that
13 there is nothing else to raise. All the pleadings are now closed and as
14 I said the appeal hearing will be held on the 25th of April this year in
15 the morning. So there being no other business, the Status Conference is
16 closed and the court will rise.
17 --- Whereupon the Status Conference
18 adjourned at 4.12 p.m.