1 Friday, 17 February 2012
2 [Status Conference]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 2.32 p.m.
6 THE REGISTRAR: Good afternoon, Your Honour. This is case number
7 IT-04-75-PT, the Prosecutor versus Goran Hadzic.
8 JUDGE DELVOIE: Could I have the appearances, please.
9 MS. BAIG: Good afternoon, Your Honour. Laurel Baig for the
10 Prosecution. I'm appearing with Ms. Sarah Clanton; our intern,
11 Camille Franceschi; and our case manager, Sebastiaan van Hooydonk.
12 JUDGE DELVOIE: Thank you.
13 Yes, Mr. Zivanovic.
14 MR. ZIVANOVIC: Good afternoon, Your Honour. For
15 Mr. Goran Hadzic: Zoran Zivanovic, lead counsel.
16 JUDGE DELVOIE: Thank you.
17 May I confirm with Mr. Hadzic that he can follow the proceedings
18 in a language he can understand?
19 THE ACCUSED: [Interpretation] I can confirm that I understand
21 JUDGE DELVOIE: Thank you.
22 This is the second Status Conference in this case. The purpose
23 of the conference, pursuant to Rule 65 bis (A), is to organise exchanges
24 between the parties so as to ensure the expeditious preparation for
25 trial. It is also to allow Mr. Hadzic the opportunity to raise any
1 issues in relation to his mental and physical condition while in
3 There was a Rule 65 ter Conference held this week, on the
4 15th of February, at which the parties and the Legal Officer of the
5 Chamber discussed various issues related to the pre-trial preparation of
6 the case. The Chamber has been informed of what transpired at that
7 meeting. I wish to thank the parties for their participation in that
8 Rule 65 ter Conference, and I also commend them for the spirit of
9 co-operation that they have displayed thus far during the pre-trial
10 preparation of this case.
11 I note that the first joint report on agreed facts has been
12 filed. I wish to thank the parties for their timely filing and their
13 continued progress towards reaching agreement on facts pertinent to the
14 trial where possible. I note that the briefing has been completed for
15 the Prosecution's motion seeking to amend the first amended indictment.
16 The Chamber will issue its decision on the motion soon.
17 I acknowledge receipt of three Defence motions of -- for access
18 to confidential materials in various closed cases. After completion of
19 the briefing on these motions, the Chamber will issue its decision as
20 soon as possible. There are also two Defence motions for access to
21 confidential material in ongoing cases, which will be dealt with by the
22 Chambers seized of those cases.
23 I acknowledge receipt of the Prosecution's fourth report on
24 disclosure of the 9th of February. I would now ask the Prosecution to
25 report on the state of Rule 68(i), Rule 68(ii), and Rule 68(A)(ii)
2 Mrs. Baig.
3 MS. BAIG: Thank you, Your Honour. And as I report -- as we
4 reported in the fourth report on disclosure, our preparations for
5 completing our disclosure obligations are proceeding efficiently at this
6 stage. We have been making disclosure of relevant and exculpatory
7 documents, both from ongoing searches in the evidence collection and
8 based on the agreement that we have with the Defence to disclose
9 materials disclosed to previous related cases.
10 With regard to 66(A)(ii) disclosure, that is, the witness
11 material, we started in December with disclosing the material relating to
12 proposed expert witnesses for the Prosecution, and we are currently
13 working on preparing similar materials under 66(A)(ii) based on the
14 preliminary witness list that we shared with the Defence in late
15 December, I believe that was the 20th of December. So we're currently in
16 the process of gathering the statements and previous testimony of those
17 witnesses and we plan to disclose those as soon as that project is
19 JUDGE DELVOIE: [Microphone not activated]
20 THE INTERPRETER: Microphone for the Judge, please.
21 JUDGE DELVOIE: I'm sorry.
22 Yes, Mr. Zivanovic, do you have any comments on the proposed
23 guide-lines for the management of the evidence?
24 MR. ZIVANOVIC: No, Your Honour.
25 JUDGE DELVOIE: Thank you.
1 Sorry about that. I skipped a part of what I was supposed to
2 ask. At the last two Rule 65 ter Conferences, guide-lines for the
3 management of evidence during the pre-trial and pre-trial phase -- during
4 the pre-trial and trial phase have been discussed. Before trial
5 commences, the Trial Chamber will issue an order formalising these
6 guide-lines. I would now invite the Prosecution - and I already did for
7 the Defence - to make any comments they wish on the proposed guide-lines
8 for the management of evidence.
9 Mrs. Baig.
10 MS. BAIG: Yes, Your Honour. And we have made some comments with
11 regard to these guide-lines in writing already, and we've raised a few
12 clarifications in the 65 ter Conference of this week. I believe that
13 those cover all of our concerns. The Chamber is well aware of what the
14 Prosecution's position is on these matters.
15 JUDGE DELVOIE: We'll take them into account of course. Thank
16 you, Mrs. Baig.
17 Mr. Zivanovic, we have your position.
18 MR. ZIVANOVIC: We have no comments.
19 JUDGE DELVOIE: Thank you very much.
20 At this point I would like to ask Mr. Hadzic whether there are
21 any issues in relation to his case that he would like to raise today.
22 This may include, Mr. Hadzic, issues regarding your mental or physical
23 condition while in detention. And please be assured that we can go into
24 private session for these purposes if you would prefer. Mr. Hadzic, is
25 there anything you would like to ...
1 THE ACCUSED: [Interpretation] There is nothing I would like to
2 raise at this moment. Everything is fine.
3 JUDGE DELVOIE: Thank you, Mr. Hadzic.
4 Are there any other matters that the parties wish to raise today?
5 Mrs. Baig?
6 MS. BAIG: Your Honour, I can just indicate for the record that
7 the Prosecution responses to the five access motions have been filed
8 yesterday and today, so subject to any replies that filing is complete.
9 And we have no other matters to raise. Thank you.
10 JUDGE DELVOIE: Thank you very much.
11 Mr. Zivanovic?
12 MR. ZIVANOVIC: Just, I'm aware of two responses of the
13 Prosecution. Maybe I have it today --
14 JUDGE DELVOIE: I suppose they will follow indeed, yes.
15 If that is all, thank you, Mr. Zivanovic.
16 And I thank you kindly for your appearances today. I thank the
17 parties for their continuing mutual co-operation in getting this case
18 ready for trial.
19 A Scheduling Order for the next two Rule 65 ter Conferences and
20 the next two Status Conferences has been issued. The next
21 Rule 65 ter Conference will be held on Thursday, 7th of June, at
22 2.00 p.m.; and the next Status Conference will be held on the
23 14th of June at 2.30 p.m. in a courtroom to be determined.
24 This Status Conference is now adjourned.
25 --- Whereupon the Status Conference adjourned at 2.43 p.m.