1 Friday, 13 November 2009
2 [Status Conference]
3 [Open session]
4 [The appellants entered court]
5 --- Upon commencing at 2.15 p.m.
6 JUDGE GUNEY: [Interpretation] Good afternoon to all. The
7 hearing -- the court is in session.
8 Madam Registrar, could you please call the case.
9 THE REGISTRAR: [Interpretation] Good morning, Your Honour. This
10 is case number IT-98-32/1-A, the Prosecutor versus Milan Lukic and
11 Sredoje Lukic.
12 JUDGE GUNEY: [Interpretation] Mr. Milan Lukic, can you hear the
13 proceeding in a language you can understand?
14 THE APPELLANT M. LUKIC: [Interpretation] Yes, Your Honour, I can.
15 JUDGE GUNEY: [Interpretation] Thank you.
16 Mr. Sredoje Lukic, can you hear and follow the hearing in a
17 language that you understand?
18 THE APPELLANT S. LUKIC: [Interpretation] Yes, Your Honour, I can.
19 JUDGE GUNEY: [Interpretation] Thank you.
20 May we please have the appearances, and we shall start by the
21 representative of the OTP, please.
22 MR. GILLETT: Your Honour, my name is Matthew Gillett, appearing
23 with Mr. Kyle Wood and Mr. Colin Nawrot, our case manager, on behalf of
24 the Prosecution.
25 JUDGE GUNEY: Thank you.
1 [Interpretation] Thank you. Let me now turn to the Defence.
2 Could I have appearances for the Defence of Mr. Milan Lukic.
3 MR. VISNJIC: [Interpretation] Good afternoon, Your Honour. The
4 Defence of Milan
5 Tomislav Visnjic, attorney; and Dragan Ivetic, my colleague who is a
6 co-counsel; and we also have Dalida Chrysostomidou and Anatoly Vlasov as
7 our legal assistants.
8 JUDGE GUNEY: Thank you very much.
9 [Interpretation] Very well. And now could I have appearances for
10 the counsel of Mr. Sredoje Lukic.
11 MR. CEPIC: Good afternoon, Your Honour. I am Djuro Cepic,
12 Defence counsel for Mr. Sredoje Lukic. Appearing with me, co-counsel
13 Mr. Jens Dieckmann, on my left-hand side; and behind me, our assistants,
14 Ms. Lucy Clayton, behind me, as intern in our Defence team; and on the
15 left side, Ms. Sabine Schulz as our legal assistant.
16 JUDGE GUNEY: Thank you very much.
17 MR. CEPIC: Thank you, Your Honour.
18 JUDGE GUNEY: I note that Ms. Dalida Chrysostomidou --
19 [Interpretation] I apologise, I did not pronounce this name correctly as
20 well as Anatoly Vlasov -- [In English] Both legal assistants will join
21 Mr. Ivetic. [Interpretation] And I also note that Mrs. Lucy Clayton as
22 well as Sabine Schulz -- [In English] will join Mr. Cepic as the lead
24 [Interpretation] This pre-appeals conference was organised in
25 application to Rule 65 bis (B) and (C) of the Rules in this Tribunal
1 which require for a pre-appeals conference to be organised within 120
2 days after the notice of appeal was filed and then every 120 days after
3 the previous pre-appeals conference. The main purpose of a pre-appeals
4 conference is to give the opportunity to any person detained while
5 waiting for an appeals judgement to -- the possibility of raising
6 important questions, including questions dealing with the person's mental
7 and physical health. We're meeting today for the first time.
8 Let me remind you that the Trial Chamber has rendered a judgement
9 in this case on January [as interpreted] 20th, 2009. I also would like
10 to remind you that the OTP filed its notice of appeal on August 19, 2009,
11 regarding Sredoje Lukic. Milan Lukic's Defence as well as
12 Sredoje Lukic's Defence also filed their respective notice of appeals on
13 August 19, 2009
14 I will now talk about the schedule regarding the filing of
15 submissions for appeals. The OTP filed its public appeal brief on
16 November 2nd, 2009
17 file its appellee brief within 40 days after the filing of the
18 Prosecution's brief. Sredoje Lukic also filed its appeal brief on
19 November 2nd, in two copies, one public and redacted and one
20 confidential, on November 2nd, 2009. The Prosecutor will have 40 days to
21 produce the appellee brief. Furthermore, I would like to remind you that
22 according to the decision rendered on October 30th, 2009, the
23 Appeals Chamber gave Milan Lukic's Defence an extension of dead-line to
24 file its appeal brief until December 17th, 2009.
25 The Prosecutor will also have an extension of dead-line to file
1 its appellee brief until February 5th, 2010.
2 I would now like to address the detention conditions and the
3 health of Mr. Milan Lukic and Mr. Sredoje Lukic. Do you have any
4 problems regarding your detention condition or your health.
5 THE APPELLANT M. LUKIC: [Interpretation] As far as I am
6 concerned, I am very healthy. The conditions are normal, within the
7 Detention Unit I mean.
8 JUDGE GUNEY: I'm glad to hear that.
9 [Interpretation] Same question for Mr. Sredoje Lukic.
10 THE APPELLANT S. LUKIC: [Interpretation] Thank you, Your Honour.
11 There is nothing I can add. Everything is fine.
12 JUDGE GUNEY: Thank you very much.
13 [Interpretation] The Appeals Chamber has been seized of an OTP
14 pending motion of October 12th, 2009, in which the Appeals Chamber is
15 asked to review and to cancel the order to disclose confidential
16 information to Mr. Radovan Karadzic. The Appeals Chamber will render its
17 decision in due time. When all written submissions will be filed, the
18 Trial Chamber will decide then how to carry on and will set the date for
19 the appeals hearing, but it is too early as of now to set this date
20 because all written submissions must be filed. However, as things stand
21 now regarding the submissions, the hearing will probably be organised
22 during the spring of 2010.
23 I would now like to ask the parties whether at this juncture they
24 have any questions they would like to raise during this
25 Status Conference. Before asking the representative of the OTP, I would
1 like to say the following: The Appeals Chamber have already decided that
2 next week -- [In English] They will file a motion to amend notice of
3 appeal, except that I would like to know if you have anything else which
4 you want to submit at this stage.
5 [Interpretation] Could I have first the OTP, do you have anything
6 to add?
7 MR. GILLETT: We have no further issues, Your Honour.
8 JUDGE GUNEY: [Interpretation] Thank you.
9 And I now turn to the Defence of Mr. Sredoje Lukic. Do you have
10 any issues to raise at this juncture?
11 MR. CEPIC: Nothing to raise, Your Honour.
12 JUDGE GUNEY: No.
13 MR. CEPIC: No.
14 JUDGE GUNEY: Thank you.
15 MR. CEPIC: Thank you.
16 JUDGE GUNEY: [Interpretation] And what about the -- the Defence
17 of Milan Lukic told us that they intended to file a motion to amend their
18 notice of appeal.
19 So I thank you all. I have no other items on the agenda as far
20 as I'm concerned, and I believe that we can adjourn. I thank all parties
21 for their participation as well as all those in and out of this courtroom
22 for their help.
23 The hearing stands adjourned.
24 --- Whereupon the Status Conference
25 adjourned at 2.28 p.m.