Tribunal Criminal Tribunal for the Former Yugoslavia

Page 189

1 Friday, 23 July 2004

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.31 p.m.

6 JUDGE EL MAHDI: [Interpretation] Good afternoon to everyone. Madam

7 Registrar, would you be so kind as to call the case, please.

8 THE REGISTRAR: Yes, Your Honour. Good afternoon, Your Honour.

9 This is the case number IT-00-41-PT, the Prosecutor versus Ljubicic.

10 JUDGE EL MAHDI: [Interpretation] Thank you.

11 Could we have the appearances for the Prosecution, first of all.

12 MS. KARAGIANNAKIS: Magda Karagiannakis for the Prosecution,

13 appearing with Fergal Gaynor and Mr. Hasan Younis.

14 JUDGE EL MAHDI: [Interpretation] Thank you.

15 And could we have the appearances for the Defence, please.

16 MR. JONJIC: [Interpretation] Good afternoon, Your Honour. My name

17 is Tomislav Jonjic, and I represent the accused, Mr. Ljubicic.

18 JUDGE EL MAHDI: [Interpretation] Thank you.

19 Mr. Ljubicic, can you hear me in a language that you -- but do sit

20 down. Can you hear me in a language that you understand?

21 THE ACCUSED: [Interpretation] Yes, Your Honour, I can.

22 JUDGE EL MAHDI: [Interpretation] Thank you. I'd like to start by

23 asking you about your health, Mr. Ljubicic. Would you like us to go into

24 private session, first of all?

25 THE ACCUSED: [Interpretation] Your Honour, it's not necessary to

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1 go into private session.

2 JUDGE EL MAHDI: [Interpretation] Very well. Could you tell me

3 anything about your health?

4 THE ACCUSED: [Interpretation] Your Honour, I'm in fairly good

5 health, although I'd like to point out that I don't feel that well. I

6 don't have any problems as far as my health is concerned, but recently I

7 haven't been feeling that well.

8 JUDGE EL MAHDI: [Interpretation] But the authorities are aware of

9 your problems? Are you receiving the necessary treatment? Can I help you

10 in any way whatsoever? Can I forward your requests, your wishes, to those

11 who are in charge of these matters?

12 THE ACCUSED: [Interpretation] Your Honour, I don't have any health

13 problems, and I don't need medical treatment of any kind, or any other

14 kind of treatment. But recently I've realised that my status isn't equal

15 to that of everyone else here, and that the detainees are not all treated

16 as if they were on an equal footing. And I feel bad as a result of this.

17 But it doesn't mean that I require medical assistance, medical treatment

18 of any kind.

19 JUDGE EL MAHDI: [Interpretation] But apart from your health, you

20 have raised certain other issues, if I understand you correctly. You

21 mentioned unequal treatment. You mentioned the fact that not everyone is

22 treated in the same way. Could you perhaps provide me with additional

23 explanations.

24 THE ACCUSED: [Interpretation] Your Honour, I'll go to the point. I

25 really have no objections as far as the personnel in the Detention Unit is

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1 concerned. They treat me in a very fair and professional manner. I have

2 no objections to the course these proceedings have been following.

3 However, this is my 33rd month here, and through contact on a daily basis

4 with other detainees, and having seen their needs, given family tragedies,

5 et cetera, that they have had, I have realised that we are not all treated

6 in an equal manner, and this has affected me. I'm talking about myself,

7 but I think that there are other detainees who share my opinion.

8 If it's necessary to provide you with any specific examples, I can

9 do so, but I wouldn't want to go into all the details. If you think it is

10 necessary, however, I will do so.

11 JUDGE EL MAHDI: [Interpretation] It's not for me to force you to

12 raise issues that you don't want to raise. Has your lawyer been informed

13 of your concerns?

14 THE ACCUSED: [Interpretation] Well, I have contact on a daily

15 basis with my counsel, and I inform him of everything. I think that I'm

16 also aware of everything that is taking place in these proceedings, and

17 I'm very happy with the state of affairs. But we will try to agree on how

18 we will proceed in the future.

19 JUDGE EL MAHDI: [Interpretation] Thank you very much. Please sit

20 down.

21 I would now like to turn to the matter of the pre-trial stage. I

22 believe that there was a meeting, pursuant to Rule 65 ter, a meeting

23 between the Prosecution and the Defence. I have been informed that the

24 parties have agreed to the trial starting, that is to say, they have

25 agreed that one should consider that the pre-trial phase has now been

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1 completed.

2 As far as I'm concerned, and having read in detail the -- or

3 having examined in detail the documents that have been presented in this

4 case, my impression is that this pre-trial stage has really been completed

5 and it is my duty to draft a report that should be provided to the Trial

6 Chamber that will be seized of the case.

7 With regard to this matter, I'd like to be sure that the parties

8 agree with this conclusion. I would like to ask the representative of the

9 Prosecution to confirm or to inform me whether the Prosecution has any

10 submissions they would like to make with regard to the completion of the

11 pre-trial stage.

12 MS. KARAGIANNAKIS: Your Honour, the Prosecution is ready to

13 proceed with the trial and has completed its obligations in the pre-trial

14 stage, and we have nothing to add.

15 JUDGE EL MAHDI: [Interpretation] Thank you, madam.

16 Mr. Jonjic, do you share the same opinion?

17 MR. JONJIC: [Interpretation] Your Honour, Defence counsel also

18 agrees that the pre-trial phase has more or less been completed and that

19 we are ready to go to trial, as was said at the 65 ter meeting yesterday.

20 As far as disclosure of exhibits is concerned, the Prosecution and Defence

21 are cooperating successfully. I turn to Mr. Harmon and submitted certain

22 requests to him. He said that he would comply with the requests. I think

23 this will be done fairly soon. But these are minor technical issues that

24 should in no way affect the decision to go to trial. Thank you very much.

25 JUDGE EL MAHDI: [Interpretation] Thank you, Mr. Jonjic. This,

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1 then, confirms my impression that we are ready to go to trial very

2 rapidly, and I will then have to carry out my duty and draft the report

3 required by the Rules. Before we adjourn, would either of the parties

4 like to raise any issues or draw my attention to any matters?

5 MS. KARAGIANNAKIS: Nothing from the Prosecution, Your Honour.

6 JUDGE EL MAHDI: [Interpretation] Thank you.

7 MR. JONJIC: [Interpretation] The Defence has no issues to raise

8 either, Your Honour.

9 JUDGE EL MAHDI: [Interpretation] Thank you. In that case, we will

10 now adjourn.

11 --- Whereupon the Status Conference adjourned at

12 2.43 p.m.