Tribunal Criminal Tribunal for the Former Yugoslavia

Page 101

1 Friday, 16 September 2005

2 [Status Conference]

3 [Open session]

4 --- Upon commencing at 2.32 p.m.

5 JUDGE BRYDENSHOLT: Good afternoon to all of you. Would you call

6 the case, Registrar. Just call the case.

7 THE REGISTRAR: Good afternoon, Your Honour. This is case number

8 IT-04-84-PT, the Prosecutor versus Ramush Haradinaj, Idriz Balaj, and Lahi

9 Brahimaj.

10 JUDGE BRYDENSHOLT: Would you bring the accused in, someone.

11 [The accused entered court]

12 JUDGE BRYDENSHOLT: So yes, please. Would you take the, yes,

13 earphones on. This is Mr. Brahimaj. Can you follow the proceedings in a

14 language which you understand?

15 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.

16 JUDGE BRYDENSHOLT: Good. Good afternoon, Mr. Balaj. I should

17 ask you, can you follow the proceedings in a language you understand? Is

18 there translation?

19 THE ACCUSED BALAJ: [Interpretation] Yes, there is translation.

20 JUDGE BRYDENSHOLT: Could we hear the appearance for the

21 Prosecution.

22 MR. MOORE: My name is Moore, I am a senior trial attorney. I

23 have assisted by my friend Gilles Dutertre.

24 JUDGE BRYDENSHOLT: And for the Defence of Mr. Haradinaj.

25 MR. EMMERSON: Your Honour my name is Ben Emmerson, I appear as

Page 102

1 lead counsel for Mr. Haradinaj together with Mr. Rod Dixon and

2 Mr. Michael O'Reilly.

3 JUDGE BRYDENSHOLT: Welcome to you as well.

4 And for Mr. Balaj.

5 MR. GUY-SMITH: Good afternoon, Gregor Guy-Smith appearing on

6 behalf of Mr. Balaj.

7 JUDGE BRYDENSHOLT: And for Mr. Brahimaj.

8 MR. HARVEY: Good afternoon, Your Honour. Richard Harvey

9 appearing on behalf of Mr. Brahimaj.

10 JUDGE BRYDENSHOLT: Yes. Thank you. And then I think we are all

11 aware of the purpose of this Status Conference as it follows from the

12 name. We are gathered in order to be aware of the status of this case but

13 also to organise exchanges and to ensure that the preparation of this --

14 Mr. Balaj, can you follow the proceeding now?

15 THE ACCUSED BALAJ: [Interpretation] Yes. Now, yes, but for and

16 moment it was interrupted. I didn't get any interpretation.

17 JUDGE BRYDENSHOLT: Thank you. Well, I was just mentioning that

18 the purpose of this meeting is to be aware of the status -- of the status

19 of the case and to ensure that the preparation of the trial will be as

20 expeditious as possible. Then, of course, we should also give the accused

21 the possibility to raise any issues including the conditions in the --

22 during their detention.

23 I have been informed that you have had -- the attorneys have had

24 this morning a meeting with the senior legal officer of this Chamber, and

25 I have been of the outcome of this meeting. I have noticed that at

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1 present there is no outstanding motions. I am aware that that could

2 change very soon, but that is the present situation.

3 I am also aware that there has been no disclosure according to

4 Rule 66(A)(ii) or 68 from the Prosecutor's side, but I know that this has

5 been discussed, and there seems to be no conflict in this matter.

6 So the work plan, which I understand was discussed during the

7 meeting, the 65 ter meeting this morning, is now -- and there have only

8 been very, very slight changes since the last Status Conference, but there

9 is a possibility, I understand, that this trial could start in November

10 2006, and the work plan is made to allow for this possibility. I

11 understand that the Prosecution will complete its disclosure according

12 66(A) by May 2006, and that the disclosure, according to Rule 68 will be

13 ongoing.

14 The Prosecution will propose a list of agreed facts to the Defence

15 by May 2006, and the discussion followed upon this between the parties

16 should be finalised by July 2006.

17 The pre-trial brief from the Prosecution should be in August 2006,

18 and the Defence, similar pre-trial brief in September 2006.

19 The Pre-Trial Conference, according to this plan, should be able

20 to take place in October 2006, and the start of trial, as I mentioned, in

21 November 2006.

22 That is, of course, at this moment only a plan. Nobody knows if

23 that would be possible, but that is at least as it is planned as a

24 possibility. And the length of the trial still is estimated to be roughly

25 around 18 months, but maybe it would be shorter, but nobody expects it to

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13 English transcripts.













Page 105

1 be shorter than 12 months.

2 So that is, I suppose, what was already discussed this morning,

3 and I would like to ask the parties if they wish to raise any other

4 matters before me here this afternoon.

5 The Prosecution.

6 MR. MOORE: On behalf of the Prosecution, may I raise two matters

7 for the record. The first was discussed already this morning at the 65

8 ter hearing. It relates to whether there will be an E-Court in existence

9 for this trial. I understand that there are variations and directives

10 being considered on this topic, but clearly from the Prosecution and, I

11 suspect, the Defence standpoint it would be of enormous assistance if we

12 could be informed of this decision as soon as possible. That would be the

13 first matter that we would wish to raise.

14 And the second, again we have discussed it this morning and it is

15 as follows: In respect of disclosure, it is often difficult to know

16 exactly what the issues are going to be for the Defence and the

17 Prosecution perception of Defence topics. I ask and request that the

18 Defence notify of in writing of any topics they feel would be of

19 assistance when it comes to clarifying disclosure topics, and if we can

20 agree some format I suspect that will assist all parties.

21 In relation to the other matters, there are no submission that is

22 we wish to make.

23 JUDGE BRYDENSHOLT: Good. Thank you. And probably the Defence

24 could answer those questions raised by the Prosecution but also come up

25 with other matters if there are any, please.

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1 MR. EMMERSON: You were, the only matter that I wish to mention

2 relates to the question of disclosure. Certainly so far as Mr. Haradinaj

3 is concerned, the Defence would have no objection to assisting as far as

4 they are able to do so the Prosecution in their disclosure exercise by

5 identifying relevant lines of inquiry. That having been said, however,

6 the obligation is primarily an obligation upon the Prosecution of its own

7 motion to ensure that it has satisfactorily discharged its disclosure

8 obligations and such assistance as the Defence are able to provide, in our

9 submission, should not be understood in any way as undermining or

10 minimising or restricting the Prosecution's overarching obligation.

11 JUDGE BRYDENSHOLT: I'm sure that is the case.

12 MR. EMMERSON: Beyond that, I have nothing to add.

13 JUDGE BRYDENSHOLT: Yes, please.

14 MR. GUY-SMITH: Yes. From prior indication made by Mr. Moore, I

15 believe he understands what his obligations are and has indicated that he

16 is more than happy not only to follow them but will vigorously pursue

17 them. At least that's been his indication so far and I have no reason to

18 believe that he will deviate from that position.

19 I indicated earlier and I'll indicate once again that it is my

20 intension to shortly provide the Prosecution with a letter to assist them

21 in terms of general topics of inquiry that may be not only of assistance

22 to us but also may be of assistance to them so they understand better

23 their case.

24 There has been some suggestion, I will raise it again, that the

25 electronic disclosure system is a panacea for disclosure and the

Page 107

1 Prosecution's obligation for disclosure. I don't need to repeat what I

2 said earlier today nor shall I, but I wish to put down a marker with

3 regard to the electronic disclosure system, that being that it is

4 extremely important that the Prosecution, when supplying the Defence with

5 disclosure material, if they choose to use this system, which I'm sure

6 they will, that they specifically identify the documents that they place

7 in the system and that there is a comprehensive index which specifically

8 goes to respective teams with regard to disclosure. Otherwise, finding

9 information in the electronic disclosure system is like looking for a

10 needle in a haystack. But I think they're aware of this. If they're not,

11 now they are.

12 JUDGE BRYDENSHOLT: Thank you. I'm sure they are. And it's easy,

13 understandable, what you are requesting, certainly.

14 Yes, please.

15 MR. HARVEY: I adopt what's been said by my colleagues as far as

16 disclosure is concerned.

17 The only other matter I should mention this afternoon, Your

18 Honour, is that we were last before you I indicated that we would be

19 filing a motion for provisional release on behalf of Mr. Brahimaj. There

20 have been some delays with which I need not trouble the Court, but that

21 will be filed today, and it's my understanding from this morning's Status

22 Conference that the Prosecution will then have 14 days within which to

23 respond. I also hope to have the opportunity of speaking with Mr. Rossin,

24 who is of course here in connection with the motion filed on behalf of

25 Mr. Haradinaj. I hope to have a chance at least to speak with him today.

Page 108

1 I have attempted to communicate by e-mail and that's been one of the

2 things that's delayed us, but hopefully we'll have this matter resolved

3 very shortly.

4 JUDGE BRYDENSHOLT: Well, we'll look upon it, course, when it

5 arrives. Thank you.

6 MR. HARVEY: Thank you.

7 JUDGE BRYDENSHOLT: But having taken, of course, those remarks

8 into consideration and marked them, I now want to ask if any of the

9 accused have any matter to raise here today relating to their health or

10 condition of detention. Have you any remarks, any of you? Does -- well,

11 yes.

12 MR. HARVEY: And behalf of Mr. Brahimaj, there is nothing we wish

13 to raise today.

14 JUDGE BRYDENSHOLT: Thank you. I think if there are no further

15 remarks that was all. The Court now stands adjourned. Thank you all.

16 --- Whereupon the Status Conference adjourned

17 at 2.49 p.m.