1 Thursday, 4 May 2006
2 [Status Conference]
3 [Open session]
4 [The Respondents Limaj and Musliu not present in
6 [The appellant entered court]
7 --- Upon commencing at 4.45 p.m.
8 JUDGE MERON: Please be seated. Registrar, would you please call
9 the case.
10 THE REGISTRAR: [Interpretation] Thank you, Your Honour. This is
11 case number IT-03-66-A, the Prosecutor versus Fatmir Limaj, Haradin Bala,
12 and Isak Musliu.
13 JUDGE MERON: Thank you. Could I now please have the appearances
14 for the parties. First for the Prosecution.
15 MS. McCALL: Your Honour, I'm Shelagh McCall. With me is Helen
16 Brady and our case manager Kim Fischer.
17 JUDGE MERON: Thank you, Ms. McCall.
18 Next, counsel for Mr. Limaj. I understand that he's appearing by
19 telephone hookup.
20 MR. KHAN: I am, Your Honour. Karim Khan, co-counsel for Fatmir
22 JUDGE MERON: Thank you. Thank you, Mr. Khan.
23 MR. KHAN: Thank you.
24 JUDGE MERON: Counsel for Mr. Bala.
25 MR. GUY-SMITH: Thank you, Your Honour. Gregor Guy-Smith
1 appearing on behalf of Mr. Bala with my legal assistant Nathalie van den
3 JUDGE MERON: Thank you. Counsel for Mr. Musliu.
4 MR. POWLES: Good afternoon, Your Honour. Steven Powles appearing
5 on behalf of respondent Isak Musliu.
6 JUDGE MERON: Thank you, Mr. Powles. I understand that Mr. Limaj
7 and Mr. Musliu, who are not currently incarcerated, are not attending the
8 Status Conference. Would their counsel kindly confirm this for the
9 record. Mr. Khan?
10 MR. KHAN: Yes, Mr. Limaj has been spoken to pursuant to Rule 65
11 bis, and he is content for the proceeding to take place in his absence and
12 with counsel representing him via telephone.
13 JUDGE MERON: Thank you, Mr. Khan.
14 Mr. Powles.
15 MR. POWLES: Your Honour, yes. Mr. Musliu has similarly
17 JUDGE MERON: However, Mr. Bala is present today, and I would like
18 to make sure that you, Mr. Bala, can follow the proceedings. Can you hear
19 the proceedings in a language that you understand, Mr. Bala?
20 THE APPELLANT BALA: [Interpretation] Yes, Your Honour.
21 JUDGE MERON: Thank you. Thank you, Mr. Bala. You may be seated.
22 This is a Status Conference called in accordance with Rule 65 bis
23 of the Rules of Procedure and Evidence. Rule 65 bis (B) requires a Status
24 Conference to be convened within 120 days of the filing of a notice of
25 appeal. Both Mr. Bala and the Prosecution filed notices of appeal on 30
1 December, 2005, which was slightly more than 120 days ago. Mr. Limaj,
2 Mr. Bala, and Mr. Musliu, however, have all consented to have this, the
3 first pre-appeal Status Conference, held slightly after the 120 days
4 deadline set out in the Rule 65 bis. I thank their counsel for
5 communicating that consent to court staff by telephone or by e-mail.
6 As Mr. Bala is currently detained at the UN Detention Unit, I
7 would want to start by asking him whether there are any issues that he
8 would like to raise at this time.
9 Mr. Bala, do you have any issues you would like to raise now? Do
10 you have any concerns regarding your mental or physical well-being?
11 Mr. Bala.
12 THE APPELLANT BALA: [Interpretation] No, Your Honour. Everything
13 is fine as far as my health state is concerned.
14 JUDGE MERON: Thank you, Mr. Bala. You may be seated.
15 Now I would like to ask the counsel for Mr. Limaj and then of
16 Mr. Musliu whether there are any issues that they would like to raise
17 through counsel.
18 First the counsel for Mr. Limaj, Mr. Khan.
19 MR. KHAN: Your Honour, I'm obliged. On behalf of Mr. Limaj,
20 there are no matters that need occupy the Appeals Chamber at the moment.
21 We are grateful.
22 JUDGE MERON: Thank you, Mr. Khan.
23 Mr. Musliu -- sorry, the counsel for Mr. Musliu, Mr. Powles.
24 MR. POWLES: Yes, Your Honour. I similarly confirm on behalf of
25 Mr. Musliu there is no matter that we would wish to raise with the Appeals
1 Chamber at this stage.
2 JUDGE MERON: Thank you very much.
3 The briefing in this case is moving along nicely. The Prosecution
4 has filed its appellant's brief, and Mr. Limaj and Mr. Musliu have filed
5 their respondent briefs. Mr. Bala's respondent's brief is due in the next
6 few days. After the Prosecution files its reply, the briefing of the
7 Prosecution's appeal will be complete.
8 Mr. Bala's appellant's brief will also be due in the next few
9 days. After the Prosecution response and Mr. Bala replies, the briefing
10 of that appeal will be complete.
11 The Appeals Chamber will, of course, try to read through the
12 briefs and schedule oral arguments on the appeals as soon as possible.
13 Before concluding this Status Conference, I would want to ask
14 counsel for the Prosecution and the Defence whether they have any other
15 issues that they would like to raise at this time.
16 The Prosecution?
17 MS. McCALL: There's nothing to be raised Your Honour.
18 JUDGE MERON: Thank you. The Defence? I understand, Mr. Khan,
19 that you have nothing to raise?
20 MR. KHAN: No, Your Honour. I'm grateful once again.
21 JUDGE MERON: Thank you.
22 MR. GUY-SMITH: Yes, on behalf of Mr. Bala, considering the recent
23 past events in his family's life, both I as well as Mr. Bala would like to
24 thank not only the Prosecution but the Appeals Chamber for expeditedly and
25 compassionately taking care of that matter.
1 JUDGE MERON: Thank you. Thank you. I appreciate your comment.
2 Mr. Powles, do you have anything?
3 MR. POWLES: No, Your Honour, nothing to raise at this stage. I'm
5 JUDGE MERON: Before we adjourn, there is one last piece of
6 business that I would like to take care of. We seem to have had a bit of
7 difficulty scheduling this Status Conference, and I want to avoid similar
8 scheduling problems in the future. In accordance with Rule 65 bis, we
9 will need to have another Status Conference on or before September 1. I
10 would like to suggest Tuesday, 29 of August, as a suitable day for our
11 next Status Conference. So I would like everybody to plan on having a
12 Status Conference on that day.
13 Later in the summer, I will hopefully send out an order confirming
14 that the Status Conference will be held on that date. The order will also
15 let everybody know the time of the conference and the courtroom in which
16 it will held.
17 So I thank the parties for their attendance today and call the
18 proceedings to a close. Thank you very much.
19 --- Whereupon the Status Conference adjourned
20 at 4.54 p.m.