1 Wednesday, 11 March 2009
2 [Status Conference]
3 [Open session]
4 [The accused Brahimaj present]
5 --- Upon commencing at 5.30 p.m.
6 JUDGE POCAR: Good afternoon.
7 Mr. Registrar, would you please call the case.
8 THE REGISTRAR: Good afternoon, Your Honour. Good afternoon 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: I thank you.
12 May I now please have the appearances of the parties, for the
14 MR. KREMER: Yes, Mr. President. Peter Kremer appearing on
15 behalf of the Prosecution. I'm assisted by Marwan Dalal, and our Case
16 Manager, Ms. Alma Imamovic-Ivanov.
17 JUDGE POCAR: I thank you.
18 Now for the Defence.
19 MR. DIXON: Good afternoon, Your Honour. Rodney Dixon appearing
20 on behalf of Mr. Ramush Haradinaj. Thank you.
21 JUDGE POCAR: Thank you.
22 MS. ROHAN: Good afternoon, Your Honour. Colleen Rohan appearing
23 on behalf of Idriz Balaj.
24 MR. HARVEY: Good afternoon, Your Honour. Richard Harvey
25 appearing on behalf of Lahi Brahimaj.
1 JUDGE POCAR: I thank you.
2 Now, may I ask Mr. Brahimaj if can he hear and follow the
3 proceedings in a language he understands.
4 THE APPELLANT BRAHIMAJ: [Interpretation] Yes, Your Honour.
5 JUDGE POCAR: I thank you.
6 So this Status Conference is called in accordance with Rule
7 65 bis of the Rules of Procedure and Evidence. The previous Status
8 Conference in the present case was held on 24 November 2008. The -- as
9 you know, the parties know the purpose of the Status Conference is to
10 allow any person in custody, pending appeal, the opportunity to raise
11 issues in relation to their detention, including the health conditions of
12 the person detained.
13 I would, therefore, like to inquire about Mr. Brahimaj's state of
14 health and conditions of detention, and perhaps Mr. Brahimaj himself
15 would tell us if he has any concerns in relation to the detention
16 conditions or his state of health.
17 So I would invite you, Mr. Brahimaj, to raise any issue you want
18 to raise in this context now. I wish to remind you that depending on the
19 issues, if any, that you want to raise, you need a private session,
20 please ask it before you raise the issues that should be dealt with in
21 private session.
22 Please, Mr. Brahimaj.
23 THE APPELLANT BRAHIMAJ: [Interpretation] Thank you, Your Honour.
24 I don't have any concerns or worries.
25 JUDGE POCAR: I thank you very much.
1 Let me now come into the procedural history of this case. Let me
2 recall that the briefings, as to the appeals of the Prosecution and
3 Mr. Brahimaj, are complete. So I don't want to go back to the filings
4 that have been made.
5 As to the date where the case will be heard, I wish to let the
6 parties know that, for the time being, due to the schedule of the Appeals
7 Chamber, there will be no possibility of scheduling hearing prior to the
8 month of May, but as soon as we will be able to make a decision it will
9 be communicated to the parties in order that they have the time to
10 prepare for the hearing with the -- so they will know well in advance
11 when the hearing is scheduled.
12 At this point, I don't have any other issue to discuss here, so I
13 would like to ask the parties if they want to raise any issue concerning
14 the case at this point.
16 MR. KREMER: No, Your Honour, other than the fact --
17 THE INTERPRETER: Microphone, please.
18 MR. KREMER: The hearing date is going to be considered, and
19 perhaps the Court could consult with the parties, I know Mr. Dixon
20 addressed this with me before the hearing, just to make sure that we're
21 all available. The Prosecution is captive in the institution, but I know
22 counsel from private practice or with other cases may have some
23 difficulty in being available without prior consultation. So I raise
24 that on behalf of all counsel.
25 JUDGE POCAR: Well, Mr. Kremer, we will take in due consideration
1 this comment you have made and certainly we will consult in order to set
2 an appropriate date for all the parties.
3 Is the Defence wishing to raise any other issue.
4 MR. DIXON: Your Honour, thank you for giving that indication
5 about informal consultations. It will certainly assist. Of course, we
6 are in the hands of the Court, but if there can be informal consultations
7 prior to any fixed date, that would be of immeasurable assistance.
8 If I could also just clarify, if I may, Your Honour, about the --
9 the date. Are we to understand that the month of May will not be
10 considered as a time when the appeal could be heard; in other words, that
11 the first possibility would be after the end of the month of
12 May commencing in June? If I may find out.
13 JUDGE POCAR: Well, I said it could be May at the earliest, but,
14 of course, we will consult before setting a date.
15 MR. DIXON: I'm grateful. Thank you, Your Honour. That's all I
16 have to raise on behalf of Mr. Haradinaj today.
17 JUDGE POCAR: Thank you.
18 MS. ROHAN: Thank you. There is no issues to raise on behalf of
19 Mr. Balaj. Thank you.
20 MR. HARVEY: Your Honour, on behalf of Lahi Brahimaj, I should
21 just add this, thanking also Mr. Kremer and Mr. Dixon for their comments
22 about consultation with the private bar. It is most helpful when -- for
23 those of us in busy practices elsewhere.
24 I would be remiss if I did not draw to Your Honour's attention
25 today the fact that we have prepared for immediate filing an application
1 for provisional release of Mr. Brahimaj pending the hearing of the
2 appeal. I have notified the Prosecution of that informally, and those
3 papers should be filed within the next day or two. I'm just awaiting the
4 receipt of guarantors from Kosovo where he would be seeking to return,
5 which those -- those guarantors' papers should be with me shortly and
6 that application, therefore, will be filed very soon.
7 JUDGE POCAR: I thank you for this indication and, of course, the
8 Appeals Chamber will deal with the application as soon as the motion will
9 be filed.
10 MR. HARVEY: I'm most grateful. Thank you, Your Honour.
11 JUDGE POCAR: Thank you.
12 I believe that this concludes our business today.
13 So I thank the parties for their attendance and call this hearing
14 to a close.
15 --- Whereupon the Status Conference adjourned
16 at 5.39 p.m.