1 Friday, 22 August 2008
2 [Status Conference]
3 [Open session]
4 [The accused Brahimaj present]
5 --- Upon commencing at 10.31 a.m.
6 JUDGE POCAR: Good morning, everybody.
7 Mr. Registrar, would you please call the case.
8 THE REGISTRAR: Good morning, Your Honour. Good morning to
9 everyone in the courtroom. This is the case number IT-04-84-A, the
10 Prosecutor versus Ramush Haradinaj et al.
11 JUDGE POCAR: Thank you.
12 May have I now the appearances of the parties.
13 For the Prosecution.
14 MR. DALAL: Good morning, Your Honour. Marwan Dalal today for
15 the Prosecution, together with our case manager, Alma Imamovic-Ivanov.
16 JUDGE POCAR: Thank you.
17 Now, for the Defence, for the Defence.
18 MR. TROOP: Good morning, Your Honour. My name is Paul Troop. I
19 appear on behalf of Mr. Lahi Brahimaj. Today I am assisted by Ms. Rudina
20 Jasini, my legal assistant.
21 JUDGE POCAR: I thank you.
22 MS. ROHAN: Good morning, Your Honour. Colleen Rohan appearing
23 on behalf of Idriz Balaj.
24 MR. DIXON: Good morning, Your Honour. Rodney Dixon appearing on
25 behalf of Mr. Ramush Haradinaj.
1 JUDGE POCAR: I thank you.
2 Now, Mr. Brahimaj, may I ask you if you can hear the proceedings
3 correctly in a language you understand?
4 THE ACCUSED BRAHIMAJ: [Interpretation] Yes, Your Honour.
5 JUDGE POCAR: Thank you.
6 So this is a Status Conference called in accordance with the Rule
7 65 bis (B) of the Rules of Procedure and Evidence of the Tribunal, which
8 requires a Status Conference to be convened within 120 days of the filing
9 of a notice of appeal, and thereafter within 120 days after the last
10 Status Conference.
11 The primary purpose of the Status Conference is to allow any
12 person in custody pending an appeal the opportunity to raise issues in
13 relation to the appeal, including the health condition of the person and
14 the detention condition in the detention unit.
15 Now, the Trial Chamber in this case rendered the Judgement in
16 this case on 3 April 2008
17 2 May 2008
18 5 May 2008
19 On 6 May, I issued an order assigning judges in this case,
20 instructing that the Bench should be composed of myself as Presiding
21 Judge, as well as Judges Shahabuddeen, Vaz, Liu, and Meron. In addition,
22 I designated myself as the Pre-Appeal Judge.
23 I would now like to inquire about Mr. Brahimaj's state of health
24 and conditions of detention.
25 Let me recall to you, Mr. Brahimaj, that pursuant to Rules 80
1 and 81 of the Rules, if the detainee is not satisfied with the conditions
2 of his or her detention, he is entitled to make a complaint to the
3 commanding officer or his representative at any time; and in case of an
4 unsatisfactory response, he can make a written complaint to the registrar
5 who shall inform the president. But, of course, can you raise any issue
6 concerning condition of detention and your health conditions here at the
7 Status Conference.
8 So may I ask you if you have any concerns in relation to your
9 state of health or to the condition of your detention at the detention
11 THE ACCUSED BRAHIMAJ: [Interpretation] Thank you, Your Honour. I
12 don't have any concerns.
13 JUDGE POCAR: I thank you.
14 Now let me provide a recapitulation of the briefing schedule.
15 The Prosecution filed its confidential Appellant's brief on
16 16 July. On 17 July, a public redacted version was filed, as well as a
17 book of authority and a confidential addendum to the Appellant's brief.
18 Counsel for Mr. Brahimaj filed the Appellant brief on 21st of
19 July. I remind parties that each respondent must file a response brief
20 within 40 days of the filing of the Appellant's brief, after which
21 Appellant will have another 15 days pursuant to Rule 113 to file a brief
22 in reply.
23 When the briefing will be completed, the Appeals Chamber will
24 consider how to proceed on the appeal.
25 So, at this point, I would only ask the parties whether they have
1 any urgent issue that they would like to raise at this time in today's
2 Status Conference concerning the appeal.
3 May I ask the Prosecutor.
4 MR. DALAL: Yes, Your Honour, the Prosecutor has nothing to add
5 at this stage or to say. Thank you.
6 JUDGE POCAR: I thank you.
7 May I turn to counsel for Mr. Brahimaj. Do you have any issue
8 you would like to raise at this juncture?
9 MR. TROOP: No, Your Honour.
10 JUDGE POCAR: I thank you.
11 Is there any other issue the Defence would like to raise?
12 MR. DIXON: No, Your Honour, on behalf of Mr. Haradinaj, there is
13 nothing. Thank you.
14 MS. ROHAN: As well on behalf of Mr. Balaj, no issues. Thank
16 JUDGE POCAR: Thank you.
17 In this case, we will wait for the further steps in the briefing
18 schedule, and I believe this can conclude our business today.
19 I thank the parties for their attendance and call the proceedings
20 to a close.
21 The hearing is adjourned.
22 --- Whereupon the Status Conference adjourned at
23 10.39 a.m.