1 Wednesday, 17 July 2013
2 [Status Conference]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 2.57 a.m.
6 JUDGE AGIUS: Good afternoon, everyone. Call the case, please.
7 THE REGISTRAR: Good afternoon, Your Honours. This is case
8 number IT-05-87/1-A, the Prosecutor versus Vlastimir Djordjevic.
9 JUDGE AGIUS: Thank you. Could I now please have the appearances
10 for the parties. The Prosecution.
11 MR. MILANINIA: Good afternoon, Your Honour. Nema Milaninia on
12 behalf of the Prosecution. I am joined here today by my colleague
13 Mr. Kyle Wood, and our Case Manager, Mr. Colin Nawrot.
14 JUDGE AGIUS: Thank you.
15 MR. DJURDJIC: [Interpretation] For the Defence, Veljko Djurdjic,
16 Your Honour.
17 JUDGE AGIUS: Thank you.
18 Now, before we proceed, one further formality. I just want to
19 make sure that everyone can follow the proceedings in a language that
20 they understand. I'll start with you, Mr. Djordjevic. Can you follow
21 the proceedings?
22 THE APPELLANT: [Interpretation] Yes, I can. Thank you.
23 JUDGE AGIUS: Thank you. I assume that applies to you,
24 Mr. Djurdjic, as well. You can follow the proceedings in a language that
25 you understand.
1 I think I will be offending you if I asked you if you can follow
2 the proceedings in a language that you can understand, so let's proceed.
3 This Status Conference is called in accordance with Rule 65 bis
4 of the Rules of Procedure and Evidence. Rule 65 bis in its section (B)
5 requires a Status Conference to be convened within 120 days after the
6 filing of a notice of appeal and thereafter within 120 days after the
7 last Status Conference. The reason for such Status Conferences is to
8 allow any person in custody pending appeal the opportunity to raise
9 issues in relation thereto, and that includes also in relation to the
10 mental and physical condition of that person.
11 In the present case the parties filed notices of appeal on
12 24th May 2011, and the first Status Conference was held on 30th May 2011.
13 The second through seventh Status Conferences were held on
14 21st September 2011, 16th January 2012, 11th May 2012, 23rd August 2012,
15 and 5th December 2012. We also had another Status Conference on the
16 9th of April, 2013. Today's Status Conference being the eighth in this
17 case was scheduled by an order signed by me and issued on the
18 12th of June of this year.
19 I'll start with perhaps the most important part of the
20 Status Conference, and that relates to the detention condition --
21 conditions and health of the appellant, Mr. Djordjevic. So I am
22 inquiring now about the status of the detention conditions and the health
23 situation of your client.
24 Mr. Djordjevic, I see you standing. If you have any concerns in
25 relation to the conditions of your detention or your state of health, I
1 would invite you to raise them now, and if you so prefer, this discussion
2 can take place in private session.
3 THE APPELLANT: [Interpretation] Everything is all right. Thank
4 you, Your Honour. There are no problems to raise.
5 JUDGE AGIUS: Thank you. And you confirm that as far as you
6 know, Mr. Djurdjic, as well?
7 MR. DJURDJIC: [Interpretation] Yes, I confirm that, Your Honour.
8 JUDGE AGIUS: Thank you. Now we'll move to the resume of the
9 recent procedural history. You will notice that it's a little bit
10 shorter than usual. This is normally done so that the public is fully
11 aware of what has been taking place and also for the record.
12 The parties have heard me summarise the procedural history many
13 times before, and for that reason I have not included all of the same
14 details here today. However, I will set out the dates of the most
15 important filings and events below as it is important that the public be
16 aware of the background of this case.
17 Both the Defence and the Prosecution filed their respective
18 notices of appeal on 24th May 2011, having previously been granted an
19 extension of time of 60 days. The Prosecution presented two grounds of
20 appeal, and Appellant Djordjevic presented 19 grounds of appeal.
21 After having been granted various extensions of time and word
22 limits, the parties filed their appeal briefs on 15th August 2011, their
23 response briefs on the 26th September 2011, and their reply briefs on
24 26th October 2011.
25 The Prosecution filed a public redacted version of its appeal
1 brief on 17th August 2011. Djordjevic filed a public redacted version of
2 his appeal brief on 30th September 2011. However, following a
3 confidential motion by the Prosecution requesting redactions of certain
4 information, Djordjevic was ordered to make an additional redaction, and
5 he refiled the public redacted version of his appeal brief on the
6 23rd of January, 2012.
7 Both parties filed public redacted versions of their responses
8 briefs -- response briefs on 30th January 2012. The Prosecution filed
9 its public redacted reply brief on 8th February 2012, and Djordjevic
10 filed a notice of reclassification of his reply brief on the
11 9th of February, 2012.
12 On the 7th of March, 2012, President Meron issued an order
13 assigning Judge Khalida Rachid Khan to the Bench in place of
14 Judge Fausto Pocar. Subsequently on the 27th of September, 2012,
15 Judge Patrick Robinson was assigned to the Bench in place or in lieu of
16 Judge Liu Daqun. On the 17th of October, 2012, the translation of the
17 Trial Chamber -- the trial judgement into the B/C/S language was filed.
18 The following day I issued an order setting the time limit to file any
19 motion seeking a variation of the grounds of appeal following the
20 translation of the trial judgement. Pursuant to that order, Djordjevic
21 filed a submission on the 29th November 2012.
22 Turning to events of this year, there was a further change to the
23 Bench pursuant to an order issued by President Meron on 19th March 2013.
24 Judge Bakhtiyar Tuzmukhamedov was assigned to the Bench in lieu of
25 Judge Andresia Vaz. Finally and more importantly, the appeals of the
1 parties were heard before the full Bench on Monday, 13th May 2013, in
2 Courtroom I.
3 I once more take this opportunity to thank the parties for their
4 submissions on that day and for their co-operation throughout the
5 hearing. I can inform the parties that we are making good progress in
6 this case as scheduled.
7 Do you have any comments that you would like to make on this part
8 of the proceedings?
9 MR. MILANINIA: No, Your Honour.
10 JUDGE AGIUS: Okay. Thank you.
11 Now, next and final part of today's agenda is -- relates to
12 issues that may be raised by the parties, other issues, in other words.
13 I start with the Prosecution. Mr. Milaninia.
14 MR. MILANINIA: Your Honour, the Prosecution has no issues at
15 this time.
16 JUDGE AGIUS: Okay. Thank you very much.
17 Mr. Djurdjic?
18 MR. DJURDJIC: [Interpretation] The Defence has nothing to raise
19 either, Your Honour.
20 JUDGE AGIUS: Okay. Thank you.
21 Out of an abundance of caution, Mr. Djordjevic, your lawyer
22 hasn't raised anything or doesn't wish to raise anything. Do you have
23 any particular issue that you would like to raise?
24 MR. DJURDJIC: [Interpretation] No, thank you.
25 JUDGE AGIUS: Thank you.
1 There is no further -- there being no further business to
2 transact, I believe this concludes today's Status Conference. Once more,
3 I thank you for your attendance and now adjourn these proceedings. Thank
5 --- Whereupon the Status Conference adjourned
6 at 3.09 p.m.