1 Tuesday, 18 September 2012
2 [Status Conference]
3 [Open session]
4 [The appellants entered court]
5 --- Upon commencing at 10.58 a.m.
6 JUDGE MERON: Registrar, will you please call the case.
7 THE REGISTRAR: Good morning, Your Honour. This is case number
8 IT-06-90-A, the Prosecutor versus Ante Gotovina and Mladen Markac. Thank
10 JUDGE MERON: Thank you.
11 Let me begin by ensuring that all the equipment is functioning
13 Mr. Gotovina, can you hear me?
14 THE APPELLANT GOTOVINA: [Interpretation] Yes, I can follow
15 Your Honour. Thank you.
16 JUDGE MERON: Thank you, Mr. Gotovina.
17 Mr. Markac, can you hear me?
18 THE APPELLANT MARKAC: [Interpretation] I can follow, Your Honour.
19 JUDGE MERON: Thank you, Mr. Markac.
20 Let me call for the appearances of the parties. The Prosecution.
21 MS. ELLIOTT: Good morning, Your Honour. Ingrid Elliott for the
22 Prosecution. I'm joined this morning by Nema Milaninia and our case
23 manager, Colin Nawrot. Thank you.
24 JUDGE MERON: Thank you, Ms. Elliott.
25 Counsel for Mr. Gotovina, please.
1 MR. KEHOE: Good morning, Your Honour. Gregory Kehoe,
2 Luka Misetic, and Guenael Mettraux for General Gotovina.
3 JUDGE MERON: Thank you, Mr. Kehoe.
4 Counsel for Mr. Markac.
5 MR. MIKULICIC: Good morning, Your Honour, everybody in the
6 courtroom. For Mr. Markac, Goran Mikulicic.
7 JUDGE MERON: Thank you, Mr. Mikulicic.
8 As you are all aware, Rule 65 bis (B) of the Rules of Procedure
9 and Evidence requires a Status Conference to be convened within 120 days
10 after the filing of a Notice of Appeal and thereafter within 120 days
11 after the last Status Conference for each appellant in the Tribunal's
12 custody. A Status Conference serves two primary purposes. First, it
13 allows the appellants an opportunity to express concerns relating to
14 their appeal or detention conditions; second, it provides an opportunity
15 to update the appellants with respect to the status of their case. The
16 Status Conference is also an opportunity for the Tribunal to inquire
17 about the mental and physical condition of the detained persons. In the
18 present case, the last Status Conference was held on 23 May 2012.
19 Today's Status Conference was scheduled by an order issued on
20 4th September 2012.
21 I would like to begin this Status Conference by inquiring into
22 Mr. Gotovina's and Mr. Markac's health.
23 Mr. Gotovina and Mr. Markac - if you wish - this discussion or a
24 part of it can take place in a closed session. Mr. Markac.
25 THE APPELLANT MARKAC: [Interpretation] Your Honour, you are aware
1 that I recently had a very serious operation and I am now in recovery.
2 My health is now adequate and everything is all right.
3 JUDGE MERON: Mr. Markac, you have consented to some medical
4 reports being released to me and to the Appeals Bench, and I am very
5 pleased to take note of the progress you have been making on your health.
6 Mr. Gotovina, you always have had fewer problems of health. Is
7 there anything you would like to tell us about?
8 THE APPELLANT GOTOVINA: [Interpretation] Your Honour, thank you
9 for asking. Everything is fine with me.
10 JUDGE MERON: Thank you. I'm very pleased to hear that.
11 Let me say a few words about the procedure and history of this
12 case. On 20 July 2012 the Appeals Chamber ordered supplemental briefing
13 on the potential for convictions under alternate modes of liability. The
14 Prosecution filed its supplemental brief on 10 August 2012, to which
15 Mr. Gotovina and Mr. Markac both responded on 31 August 2012. These
16 submissions will be considered in due course.
17 On 10 August 2012 Mr. Gotovina filed a motion challenging the
18 Appeals Chamber jurisdiction to consider alternate forms of liability.
19 On 10 August 2012 Mr. Markac joined Mr. Gotovina's motion. This motion
20 will be decided in due course.
21 At this point I would like to ask the parties whether they have
22 any other issues that they would like to raise at this time. The
24 MS. ELLIOTT: No. Thank you, Your Honour.
25 JUDGE MERON: Thank you.
1 Counsel for Mr. Gotovina.
2 MR. KEHOE: Just briefly, Your Honour. Obviously I -- the
3 parties know that the Chamber has been working hard on this matter and
4 there are several matters that are -- recently been briefed and our
5 submissions made to the Chamber. And we were asking if there is some
6 time-frame for a final decision, given that I know many matters are still
7 before the Chamber.
8 JUDGE MERON: Mr. Kehoe, when we have something to say that I can
9 share with you, you can rest assured that I will not delay in letting you
11 MR. KEHOE: Thank you, Your Honour.
12 The counsel for Mr. Markac.
13 MR. MIKULICIC: Your Honour, on behalf of Mr. Markac's Defence,
14 we have no issue to raise at the moment.
15 JUDGE MERON: Thank you.
16 So I think that since there are no other matters to be raised,
17 this brings us to the end of our proceedings for today and I would like
18 to thank the parties for their attendance; and I call the proceedings to
19 a close. The Court will rise.
20 --- Whereupon the Status Conference
21 adjourned at 11.06 a.m.