Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                            Wednesday, 6 July 2005

 2                            [Status Conference]

 3                            [Open session]

 4                            [The accused entered court]

 5                            --- Upon commencing at 8.01 a.m.

 6             JUDGE THELIN:  Would the registrar please call the case.

 7             THE REGISTRAR:  Yes.  Thank you, Your Honour.  Case IT-04-79-PT,

 8    the Prosecutor versus Mico Stanisic.

 9             JUDGE THELIN:  Good morning, everyone.  Let me first of all make

10    sure that you, Mr. Stanisic, are able to hear me in a language that you

11    can understand.

12             You are nodding in the affirmative, so I take it everything is in

13    order then.

14             Could I then have the representation.  The Prosecution.

15             MS. RICHTEROVA:  Good morning.  Anna Richterova for the

16    Prosecution, accompanied by -- assisted by Hasan Younis, case manager.

17             JUDGE THELIN:  Thank you.

18             And for the accused.

19             MR. LUKIC:  Good morning, Your Honour.  Branko Lukic for the

20    defendant.

21             JUDGE THELIN:  Thank you.

22             Well, as the parties are well aware, the reason for this is the

23    first Status Conference of this case, and it's held according to Rule 65

24    bis (A).  It has to be within the 120 days of the Initial Appearance of

25    the accused, and the reason for it is to organise an exchange between the

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 1    parties in order to facilitate the expeditious handling of the case and

 2    also to give the accused an opportunity to raise any matter that he wishes

 3    in connection with his detainment.

 4             Yesterday a meeting, a Status Conference, was held pursuant to

 5    Rule 65 ter (D), and I'd just like to remind the parties that any issue

 6    raised during that conference which doesn't need a decision by the

 7    Pre-Trial Judge, does not need to be raised today.

 8             I would like to remind the parties of the motions that we've had

 9    so far and also the pending motions that we have had.  We have had two

10    motions from the Prosecution regarding protective measures, and those two

11    motions were dealt with in an order filed on the 6th of June this year.  A

12    third motion on the same topic was dealt with in an order filed on the

13    1st of July.

14             So in addition to those motions, we also have outstanding

15    motions.  And the first, and I would dare to say, the most important one

16    is the Defence motion for provisional release.  In that matter, the issue

17    is still under consideration.  As you can see from the order filed on the

18    1st of July wherein the Chamber requested additional information while at

19    the same time staying consideration of the motion.

20             And in the request for additional information which the Defence

21    is to provide the Chamber with no later than the 8th of July, the

22    information sought was the following:  The accused's previous and present

23    family, residential, and employment affiliation, where applicable to the

24    Republic of Serbia and Republika Srpska.

25             Second, whether there was an arrest warrant and order to

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 1    surrender against the accused issued by the authorities of the Republic of

 2    Serbia and Republika Srpska.

 3             And thirdly, whether the accused was taken into custody by the

 4    authorities of the Republika Srpska or the Republic of Serbia before his

 5    transfer to the Tribunal and the place and circumstances of his surrender

 6    and arrest.

 7             And fourthly and last, details of the attentions of the accused

 8    with respect to residence and employment if released pending trial.

 9             Now, Mr. Lukic, I understand that relating to this matter, the --

10    you have some submission?

11             MR. LUKIC:  Yes, Your Honour.  If you deem it necessary and maybe

12    desirable, we could ask the defendant about the circumstances of his

13    arrest, how did it happen.  I have some documents, but maybe the Court

14    would like to hear from him about the circumstances of the arrest.

15             JUDGE THELIN:  Thank you, Mr. Lukic.

16             Well, just to make it clear to the parties, that this is not a

17    formal hearing in relation to the matter of provisional release.  But I

18    think if we now can have for the record some added information which would

19    then be added to whatever you will submit at the date prescribed, I would

20    certainly not oppose to the accused if he wants to -- to give some

21    information on his own account on the circumstances of his arrest.

22             So if you're ready, Mr. Stanisic, the Court will hear you.  And

23    you can remain seated.

24             THE ACCUSED: [Interpretation] On the 7th of March of this year at

25    about 1800 hours I was informed over the phone by the Ministry of the

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 1    Interior of Republika Srpska that I should see someone from there and have

 2    a coffee with that person.  I went to the place that had been agreed on,

 3    and that person then told me that an indictment had arrived in

 4    Republika Srpska, but he knew that since 1994 I had been a citizen of the

 5    Republic of Serbia and that my place of residence was in the Republic of

 6    Serbia.  I was there with my family, whereas I had nothing in the

 7    Republika Srpska, nowhere to stay with my family.

 8             I went to see him, and since the minister had already been in

 9    contact with the chief of state security in Serbia, the BIA agency in

10    Serbia, I said I wanted to go there immediately, and we went to the office

11    to see the chief of the state of security -- or rather, to see the chief

12    of the BIA agency of the Republic of Serbia, and that is where I gave this

13    statement which I signed.

14             As far as I am concerned, I said I was immediately prepared, that

15    I just had to phone home and then I could go to The Hague, as there was a

16    problem as far as transport was concerned.  They told me that on Friday at

17    11.00 - I think that was on the 11th of March - they told me that I could

18    fly from the airport in Belgrade.  I gave this statement, which I signed,

19    and then went home on the 11th in the morning.  Members of this agency

20    arrived.  I got into a car with them, went to the airport, and came here,

21    to The Hague.

22             All I could add to what I have said is that in the year 2001 I

23    spoke to investigators from The Hague Tribunal.  Deyan Mihov from the

24    Belgrade office arranged the discussion with colleagues who were supposed

25    to arrive in a day or two.  And after that meeting, I said that I was

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 1    always prepared to cooperate.  I was interviewed, but a statement wasn't

 2    taken.  The investigators from The Hague took down some notes.  And as I

 3    said, that was in 2001, sometime in October approximately, and they said

 4    that perhaps they would come in January 2002, but they did not return

 5    until July or August 2003, I think.  I can't remember the name of the

 6    person, but there was some general who contacted me from France.  He

 7    performed certain tasks for The Hague.  And since he came from Bosnia and

 8    I was living in Belgrade, we met at the border between Serbia and Bosnia,

 9    and on that occasion I repeated that if any form of cooperation was

10    necessary, I was ready at any point in time to -- to answer any charges.

11    I just had to contact my family before I did anything else.  And

12    naturally, I could be interviewed, investigations could be carried out,

13    et cetera.  And that's all I could tell you.

14             JUDGE THELIN:  Thank you very much, Mr. Stanisic.  That is now

15    part of the record.

16             I take it, Ms. Richterova, you don't have anything to comment at

17    this point?

18             MS. RICHTEROVA:  No, Your Honour, I don't have.

19             JUDGE THELIN:  Well, that disposes for this conference for the

20    matter of the provisional release, and we look forward to the submissions

21    from -- from counsel.

22             The other outstanding motion is the motion regarding the form of

23    the indictment by the Prosecution.  And that motion is now under

24    consideration.  It should rightly have been filed not later than the 3rd

25    of July, and the Court is conscious of that.  It will be filed very soon.

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 1             Those were motions already disposed of or pending.

 2             I will now move to what will be with the working plan for the

 3    phase to come.  The next phase here is as you are well aware is

 4    disclosure.  And the Prosecution filed on the 22nd of April a note making

 5    the Chamber aware of its compliance with Rule 66(A)(i), and that had

 6    happened on the 18th of April.  And subsequent to this notification, the

 7    Chamber was informed that the material disclosed by the Prosecution

 8    pursuant to that Rule was in a redacted form.

 9             In the order on the Prosecution's third motion, which I described

10    earlier, the Chamber accepted the unauthorised redaction of identifying

11    information from the material by the Prosecution as sufficiently disclosed

12    pursuant to Rule 66(A)(i), just to make that clear.

13             Now, obviously the remainder of disclosure according to 66(A)(ii)

14    and 68 is to occur.  And again, the parties are well aware of the

15    obligations, primarily obviously resting on the Prosecution at this stage.

16    The Prosecution has the duty to -- regarding witness statements,

17    exculpatory material and relevant material stored in the Electronic

18    Disclosure System to disclose that to the Defence.

19             According to the Rule 65 ter (D)(ii), the Pre-Trial Judge shall

20    establish a work plan setting out the obligation for the parties and the

21    deadlines for the implementation of their obligations.

22             The -- as you also are aware, the draft work plan was discussed

23    at the Status Conference yesterday, and I understand that the parties have

24    agreed and are fully committed to the plan.  And hence, subject to

25    modifications as may be necessary, the following work plan is hereby

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 1    established.

 2             Disclosure of Rule 66(A)(ii) material is to be made not later

 3    than April 20006.  Agreed facts, i.e., what is referred to in 65 ter (H),

 4    the Prosecution is to propose a list of such facts not later than April

 5    2006.

 6             The material following under Rule 68(i) and 68(ii), i.e.,

 7    exculpatory material, such material is to be continuously disclosed.

 8             Regarding Defence and its obligation to notify the Prosecution of

 9    alibi or any special defence, Rule 67(A), such notification is to be filed

10    not later than July 2006.

11             Agreement of facts, agreed facts, again 65 ter (H), and

12    finalisation of the discussion on that is to be held not later than July

13    2006.

14             There will be regular 65 ter Meetings held every 120 days, and

15    the same would apply for the Status Conference.

16             A scheduling order relating to the pre-trial briefs and the

17    pre-trial conference will be issued not later than September 2006.  The

18    Prosecution brief following from 65 ter (E) is to be filed that later than

19    November 2007; and pre-trial brief from the Defence, Rule 65 ter (F), to

20    be filed no later than December 2007; and a pre-trial conference in

21    accordance with Rule 73 bis is to be held in January 2007.

22             I think there is a correction to be made here to the transcript.

23    November 2007 and December should rightly be November 2006 and December

24    2006.

25             Well, that should, with this work plan, lead us up to the trial.

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 1    And as the parties are well aware, a decision on a trial date is too early

 2    to even speculate on, but matters will clear, I hope, during the -- the

 3    continuation of the pre-trial phase.

 4             With that, the work plan is established, and I ask whether the

 5    parties have any other matter that they wish to raise at this stage.

 6             MS. RICHTEROVA:  No, Your Honour, we don't have any other issues

 7    to raise.

 8             JUDGE THELIN:  Thank you.

 9             Mr. Lukic.

10             MR. LUKIC:  Your Honour, we don't have anything to add today.

11             JUDGE THELIN:  Thank you.

12             It then rests on me to ask you, Mr. Stanisic, whether you have

13    any other matter - and I'll take it particularly - regarding your health

14    or the conditions in the Detention that you wish to notify the Court of.

15             THE ACCUSED:  [Microphone not activated]

16             THE INTERPRETER:  Microphone for the accused, please.

17             JUDGE THELIN:  Your mic needs to be on.

18             THE ACCUSED: [Interpretation] Your Honour, as far as that is

19    concerned, I have no issues to raise.  I believe that everything is fine.

20             JUDGE THELIN:  Thank you, Mr. Stanisic.

21             No other matters to be dealt with, this session is now over and

22    the court stands adjourned.

23                            --- Whereupon the Status Conference adjourned at

24                            8.19 a.m.