Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 11 March 2009

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 4.28 p.m.

 6             JUDGE POCAR:  Good afternoon, everybody.

 7             Mr. Registrar, would you please call the case.

 8             THE REGISTRAR:  Good afternoon, Your Honour.  Good afternoon to

 9     everyone in the courtroom.  This is case number IT-98-29/1-A, The

10     Prosecutor versus Dragomir Milosevic.

11             JUDGE POCAR:  I thank you.

12             May I now have appearances of parties.  For the Defence.

13             MR. TAPUSKOVIC: [Interpretation] Good afternoon, Your Honour.  I

14     am Branislav Tapuskovic, Attorney-at-Law from Belgrade, and I appear on

15     behalf of the Defence of Dragomir Milosevic.

16             JUDGE POCAR:  I thank you.

17             For the Prosecution.

18             MS. GOY:  Good afternoon, Your Honour.  Barbara Goy, appearing

19     for the Prosecution, together with Francois Boudreault, and our Case

20     Manager, Alma Imamovic-Ivanov.

21             JUDGE POCAR:  I thank you.

22             Before we start, may I turn to Mr. Milosevic and ask if he can

23     hear the proceedings in a language he understands?  Is everything correct

24     with interpretation?

25             THE APPELLANT: [Interpretation] Everything is all right,

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 1     Mr. Presiding Judge.  Your Honour, everything is okay.

 2             JUDGE POCAR:  Thank you.

 3             Now, this Conference, Status Conference, is called in accordance

 4     with Rule 65 bis of the Rules of Procedure and Evidence of the Tribunal.

 5     The purpose of the Status Conference, as you know, is to allow persons in

 6     custody pending appeal an opportunity to raise issues, in relation to

 7     questions, health question especially, or detention questions, including

 8     the physical and mental condition of the person detained.

 9             The previous Status Conference took place on 24 November 2008.

10     So I would like at first to inquire into the status, the condition of

11     detentions, the health conditions of Mr. Milosevic.

12             Mr. Milosevic, if you have any concern in relation to the

13     detention conditions or your state of health, I would invite you to raise

14     these questions now, and, of course, if you wish, this discussion, if you

15     have anything to raise, may take place in private session.  So if you

16     have questions that you believe should be dealt with in private session,

17     please tell before -- before raising the issues.

18             THE APPELLANT: [Interpretation] Your Honour, thank you for asking

19     me these questions.  I am glad that I have the opportunity to raise these

20     concerns and to have this opportunity to say something generally

21     speaking.

22             But there is no need for me to raise any issues.  There are no

23     situations which require any attention or solving.  Namely, everything

24     which unfolds in the life of the detainees is possible to address with

25     the people in charge of the detention unit.

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 1             So I have no problems whatsoever in regard to my stay in the

 2     detention unit, and I do not have any problems either with my general

 3     health condition, either mental or physical.  Therefore, everything is

 4     all right, and I thank you.

 5             JUDGE POCAR:  I thank you, Mr. Milosevic.

 6             So there is no question to be dealt with in that respect.

 7             Let me -- you can be seated, Mr. Milosevic.

 8             THE APPELLANT: [Interpretation] Thank you.

 9             JUDGE POCAR:  I would like now to briefly recount the recent

10     procedural history of the case.

11             As we already noted in the last Status Conference, the briefings

12     as to the appeals of the Prosecution and of Mr. Milosevic are completed.

13     So there is -- there should be nothing in this respect.

14             There was a confidential motion filed by Mr. Milosevic, seeking

15     the admission of additional evidence, pursuant to Rule 115 of the Rules.

16     The Appeals Chamber rendered its decision on 20 January 2009, whereby it

17     dismissed the motion and filed the Appellant if he so wished to file

18     within 30 days an amended motion on the basis of the standards pointed

19     out in the decision.  And, accordingly, on 19 February 2009, counsel for

20     Mr. Milosevic filed a further confidential motion to present additional

21     evidence pursuant to Rule 115.  A response from the Prosecution if any is

22     due by 23 March 2009.  The reply if any will have to be filed within 14

23     days after the Prosecution reply and, of course, the Appeals Chamber will

24     deal with that motion in due course.

25             Is there anything in this respect, to be raised?  I believe -- I

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 1     don't see any -- I want to observe something myself, and that is, that

 2     both the Defence notice of appeal and the Defence brief in reply are only

 3     available in their confidential versions, has been filed confidentially.

 4             Now, I would want to remind the parties that all submissions

 5     filed before the Tribunal shall be public unless there are exceptional

 6     reasons for keeping them confidential, and that the parties had to file

 7     public redacted versions of all confidential briefs filed on appeal.

 8     Therefore, I would like here to request the counsel for Mr. Milosevic to

 9     provide the Tribunal with public redacted versions of the said Defence

10     submissions, pending before the Appeals Chamber, and to proceed in the

11     same way when filing any future, any other confidential submissions,

12     where appropriate.

13             So we expect to receive this -- these redacted versions as

14     appropriate and within the necessary time.  I don't put any deadline for

15     that, but as soon as possible.

16             As to the scheduling of the appeal hearing in this case - as I

17     mentioned already at the last Status Conference - I anticipate that the

18     appeal hearing in this case will take place within the next few months

19     prior to the summer recess, but at this stage the Appeals Chamber is not

20     in a position to provide further details as to the possible dates.  There

21     will be the -- the motion on additional evidence to be decided, and so we

22     will see according to the consideration of that motion when the Appeals

23     Chamber will be able to set a precise date for the appeal hearing and, of

24     course, the parties will be informed of the appropriate date.

25             Well, at this point, I would like that ask the parties whether

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 1     they have any other issue to raise at this stage, at this time.

 2             Is there any issue that the Prosecution would like to raise at

 3     this point?

 4             MS. GOY:  Your Honour, just in relation to the hearing date.  And

 5     we would appreciate if we could be informed at least six weeks prior to

 6     the hearing given that counsel working on this case are also working on

 7     other cases on appeal, so this would greatly facilitate our planning if

 8     this was possible.  Thank you.

 9             JUDGE POCAR:  Well, I can't give any precise -- you said six

10     weeks, I can't give you a precise date, but certainly the appeal hearing

11     will be scheduled with -- with -- largely on time to prepare for the

12     hearing.  So I will take that in mind.

13             Anything that counsel for Mr. Milosevic would like to raise at

14     this point?

15             MR. TAPUSKOVIC: [Interpretation] Your Honour, nothing specific.

16     It is, of course, very important for us in the Defence to know at least

17     roughly when the hearing date will be.  I believe that you have given us

18     clear information in that regard.

19             There's another thing which I wish to emphasise.  A days ago we

20     received a statement of a witness that we didn't have before, and some 15

21     days prior to that we also received some other pieces of evidence which

22     might be of interest to the Defence.  So I'm not saying that we shall ask

23     in the spirit of Rule 115 for some additional evidence to be tendered

24     into the case file.  We shall make a decision on that very quickly, and

25     shall inform the Chamber accordingly; namely, whether we will insist on

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 1     the tendering of some pieces of evidence that we recently received, some

 2     of which we only got a couple of days ago.

 3             So this is the announcement I wish to make, but we still haven't

 4     made a definitive decision and this is all I had to say at this point.

 5             Thank you.

 6             JUDGE POCAR:  I thank you, Mr. Tapuskovic, for giving us this

 7     information.  Of course, you will assess the evidence, this material, and

 8     see whether you want to submit an additional 115 motion to that effect.

 9     It's up to you.  And I believe you will do it as soon as possible, in

10     order not to delay the appeal.  But it's up to you, of course, to

11     consider the -- whether it is appropriate to tender this evidence or not.

12             Well, if there is no other business, no other issues, I think

13     that we can conclude our hearing.

14             I thank the parties for their attendance and call this hearing to

15     a close.

16                           --- Whereupon the Status Conference adjourned

17                            at 4.42 p.m.