Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Friday, 14 May 2004

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 2.38 p.m.

6 JUDGE GUNEY: [Interpretation] Good afternoon to everyone.

7 Mr. Registrar, will you please call the case for today's hearing.

8 THE REGISTRAR: Case Number IT-92-4-A, The Prosecutor versus

9 Dragan Nikolic.

10 JUDGE GUNEY: [Interpretation] Thank you.

11 Mr. Nikolic, can you hear and follow the proceedings?

12 THE APPELLANT: [Interpretation] Your Honour, I can hear clearly,

13 and I can understand everything.

14 JUDGE GUNEY: [Interpretation] Thank you. You may be seated.

15 Would the parties be kind enough to identify themselves, beginning

16 with the representative of the OTP, please.

17 MR. FARRELL: Good afternoon, Your Honour. Appearing for the

18 Prosecution is Norman Farrell, and with me is the case manager, Mr. Kebba

19 Khan. May I just offer my apologies to the Court, the staff and counsel

20 and the appellant for being late.

21 JUDGE GUNEY: [Interpretation] Thank you.

22 I turn now the representative of the Defence.

23 MS. RADOSAVLJEVIC: Good afternoon, Your Honour. For the accused,

24 Tanja Radosavljevic, co-counsel. The Defence would like to excuse

25 Mr. Howard Morrison, the lead counsel. He isn't present due to an ongoing

Page 2

1 trial in front of the other Tribunal.

2 JUDGE GUNEY: [Interpretation] Thank you very much.

3 Regarding the purpose of the Status Conference, in conformity with

4 the provisions of Rule 65 bis (B) of the Rules of Procedure and Evidence

5 of the Tribunal, a Status Conference needs to be held within 120 days

6 following the filing of the appeals document. Awaiting a ruling on the

7 appeal, an opportunity to raise issues in relation thereto. In the

8 present case, a notice of appeal has been filed by Mr. Dragan Nikolic on

9 the 16th of January 2004. This is, therefore, the first Status Conference

10 held in the appeals proceedings in this case.

11 This Status Conference has as its objective to allow the appellant

12 to raise any concerns he may have in connection with the conditions of

13 detention or his state of mental and physical health.

14 Mr. Nikolic, or his counsel Madam Radosavljevic, would you like to

15 convey to the Chamber any concerns that you may have of this kind.

16 MS. RADOSAVLJEVIC: Thank you, Your Honour. Actually, the Defence

17 would like to inform Your Honour about the health condition of Mr. Nikolic

18 and would like to move, Your Honour, to do this in closed or private

19 session, just to inform the Chamber on the health status of our client.

20 JUDGE GUNEY: [Interpretation] Thank you. Will you sit down,

21 please. Is your preference for a closed session or a private session?

22 Which one?

23 MS. RADOSAVLJEVIC: Private session.

24 JUDGE GUNEY: [Interpretation] Very well. Let us have a private

25 session, please.

Page 3

1 [Private session]

2 (redacted)

3 (redacted)

4 (redacted)

5 (redacted)

6 (redacted)

7 (redacted)

8 (redacted)

9 (redacted)

10 (redacted)

11 (redacted)

12 (redacted)

13 (redacted)

14 (redacted)

15 (redacted)

16 (redacted)

17 (redacted)

18 (redacted)

19 (redacted)

20 (redacted)

21 (redacted)

22 (redacted)

23 (redacted)

24 (redacted)

25 (redacted)

Page 4

1 (redacted)

2 (redacted)

3 (redacted)

4 (redacted)

5 (redacted)

6 (redacted)

7 (redacted)

8 (redacted)

9 (redacted)

10 (redacted)

11 (redacted)

12 (redacted)

13 (redacted)

14 (redacted)

15 [Open session]

16 THE REGISTRAR: Your Honours, we are in public session now.

17 JUDGE GUNEY: [Interpretation] I will resume for the sake of the

18 public hearing.

19 Regarding the progress made in the appeals proceeding, as you

20 know, the ultimate objective of the Status Conference is to inform the

21 appellant of the progress made with the appeals proceedings. In this

22 connection, I wish to remind you, Mr. Nikolic, that the filing of your

23 appellant brief is expected not later than 30 days following the receival

24 by you of a B/C/S translation of the sentencing judgement. The Registrar

25 has notified the Chamber that the B/C/S translation should be available on

Page 5

1 the 1st of June 2004.

2 In the absence of any filings by the parties, I have no questions

3 to address to the parties at this stage of the proceedings. I would,

4 however, like to ask the parties whether they have on their part any

5 observations to make or questions that they wish to address.

6 Mr. Farrell.

7 MR. FARRELL: No, thank you very much, Your Honour.

8 JUDGE GUNEY: [Interpretation] Thank you, Mr. Farrell.

9 Madam?

10 MS. RADOSAVLJEVIC: No, Your Honour. Thank you.

11 JUDGE GUNEY: [Interpretation] Thank you very much.

12 As there are no other matters to address or any other remarks to

13 be made, the present Status Conference can now be adjourned. And it is so

14 decided.

15 --- Whereupon the Status Conference adjourned

16 at 2.51 p.m.