1 Thursday, 7 July 2005
2 [Status Conference]
3 [Open session]
4 [The appellant entered court]
5 --- Upon commencing at 2.16 p.m.
6 JUDGE MUMBA: Good afternoon.
7 Madam Registrar, please call the case.
8 THE REGISTRAR: Good afternoon, Your Honour. Case number IT-98-
9 29-A, the Prosecutor versus Stanislav Galic.
10 JUDGE MUMBA: Thank you.
11 May I call for appearances, please.
12 The appellant.
13 MS. PILIPOVIC: [Interpretation] Good afternoon, Your Honour. On
14 behalf of General Galic, Mara Pilipovic, lead counsel, and Stephane
15 Piletta-Zanin, co-counsel. Thank you.
16 JUDGE MUMBA: Thank you.
17 The Prosecution.
18 MR. WIRTH: Good afternoon, Your Honour. Steffen Wirth
19 appearing for the Prosecution and with Miss Helen Brady, and our case
20 manager today is Miss Victoria McCreath.
21 JUDGE MUMBA: Thank you. Today's proceedings, a Status
22 Conference, which is actually the fourth, the last one having been held on
23 the 11th of March this year. And the purpose of our status conference, as
24 usual, under Rule 65 bis, is that for persons who are in detention pending
25 appeal, such as the appellant is, awaiting his appeal, he should be
1 afforded an opportunity to appear before the Court to express any concerns
2 he may have regarding his appeal or detention conditions and also to be
3 updated with respect to the status of the case.
4 So having said that, I will ask the appellant first, Mr. Galic,
5 whether he has anything he wishes to state and whether there are any
6 concerns regarding his conditions of detention.
7 THE APPELLANT: [Interpretation] Good afternoon, Your Honour.
8 First of all, let me take this opportunity to thank the Tribunal and the
9 Court for the fact that they allowed me to leave because of my sister. I
10 do have a number of questions, but I would especially like to thank the
11 Trial Chamber for this decision.
12 Secondly, there's nothing much to say about my health except
13 that on the 16th of May I visited a neurologist, and he said to me that in
14 as far as my spinal cord injury in the course of my rest was concerned,
15 that neither surgery nor any medication can help me. All I can do is
16 accept the fact that I'll have to suffer. I must say that I found it
17 rather difficult to cope for a while afterwards.
18 However, two days ago I was referred for treatment, special
19 spinal treatment, and I have to say that it does seem to me that it is
20 rather promising. So I'm hopeful, especially because after that bleak
21 prognosis that I was given back in May, this represents a ray of hope.
22 This is all the latest news since the last Status Conference, Your Honour.
23 JUDGE MUMBA: Thank you. On behalf of the Appeals Chamber, I
24 wish to express grateful thanks to the authorities at the Detention Unit
25 for affording the appellant all these opportunities and possibilities to
1 look after his health, and I'm glad to know that the latest treatment is
2 promising, and hopefully that will lead to better health for the appellant.
3 I now wish to look at the status of the case. So far, of the
4 four motions that the Appeal Chamber has had on additional evidence, the
5 decisions have already been granted for the first and third Rule 115
6 motion. And for the fourth Rule 115 motion, the Appeals Chamber is still
7 considering it. It may be issued in due course.
8 The second one was already dealt with.
9 There is also the Prosecution's request for leave to file a
10 consolidated further response to Defence replies concerning the third and
11 fourth Rule 115 motions, which are still pending.
12 I would like to find out from the parties whether there is
13 anything they wish to raise. I will begin with the appellant's counsel.
14 MR. PILETTA-ZANIN: [Interpretation] Yes, possibly, Madam
15 President. The Defence had the opportunity to discuss a certain number of
16 issues with General Galic this morning in order to try and prepare for the
17 defence of the accused as well as possible. And so this morning we've
18 developed a certain number of points, especially with regard to chronology.
19 Could the Trial Chamber let us know whether -- I mean, if at all possible -
20 - approximately at what point in time you believe that this case will be
21 dealt with by the Trial Chamber.
22 JUDGE MUMBA: I take it you mean when the appeal will be set for
23 hearing by the Appeals Chamber.
24 MR. PILETTA-ZANIN: [Interpretation] Precisely. That's what I've
25 just said, Madam Chair. Yeah.
1 JUDGE MUMBA: Yes. It is not possible to give a date right now
2 because this appeal is actually on the queue together with other appeals
3 which were filed before the Galic appeal before the Appeals Chamber. So
4 the Appeals Chamber tries as much as possible to follow the sequence of the
5 appeals before it.
6 And also, as you know, the same Appeals Chamber has appeals from
7 the International Tribunal for Rwanda, so it's quite a long list on the
8 case list for the Appeals Chamber. So as much as possible, the Appeals
9 Chamber does try to list for hearing appeals as quickly as they can, but
10 the workload is such that it's not possible at the moment to be able to say
11 when the Appeals Chamber thinks the hearing can be set for this particular
12 appeal. Otherwise, that would be kept into momentum on the cause list
13 before the Appeals Chamber.
14 I would like to find out whether the respondents, the
15 Prosecutor's party has anything to raise.
16 MR. WIRTH: Your Honour, we have nothing to raise. Thank you
17 very much.
18 JUDGE MUMBA: And in addition to what I've just said about the
19 workload, looking at the progress of the case or the procedural history,
20 quite a lot has been happening in this case. And as soon as the final
21 motion for additional evidence is dealt with, steps will be taken, I'm
22 sure, for the Appeals Chamber to set dates for the hearing of this
23 particular appeal.
24 Any other matter from the appellant's side?
25 MR. PILETTA-ZANIN: [Interpretation] Nothing, Madam President.
1 Thank you.
2 JUDGE MUMBA: Thank you very much.
3 I just want to address the appellant that as his lawyers have
4 said, that they've been discussing the preparation of the final solutions
5 for this appeal and are anxious to find out the date. I just want to
6 assure Mr. Galic that everything is being done. As soon as the other
7 appeals have come off the list, this particular appeal will be scheduled
8 for hearing. If not towards the end of this year but at least early next
10 There being no other matters to deal with, I'll adjourn the
11 hearing until the next Status Conference.
12 The Court will rise.
13 --- Whereupon the Status Conference adjourned at
14 2.25 p.m.