1 Tuesday, 16 March 2010
2 [Status Conference]
3 [Open session]
4 [The appellants entered court]
5 --- Upon commencing at 2.18 p.m.
6 JUDGE GUNEY: [Interpretation] Good afternoon everyone. The court
7 is in session.
8 Registrar, could you kindly call the case of the current hearing.
9 THE REGISTRAR: Thank you, Your Honours.
10 Good afternoon. This is case number IT-98-32/1-A, The Prosecutor
11 versus Milan
12 JUDGE GUNEY: [Interpretation] Thank you.
13 Mr. Milan Lukic, can you hear and follow the proceedings in a
14 language which you understand?
15 THE ACCUSED M. LUKIC: [Interpretation] Good afternoon. Yes, I
16 can hear it in a language I understand.
17 JUDGE GUNEY: [Interpretation] Thank you.
18 Mr. Sredoje Lukic, can you hear and follow the proceedings in a
19 language which you understand?
20 THE ACCUSED S. LUKIC: [Microphone not activated]
21 JUDGE GUNEY: [Interpretation] Thank you.
22 May we have the appearances, please. Starting by the
23 representatives of the Office of the Prosecutor, please.
24 MS. MONCHY: [Interpretation] Good afternoon, Mr. President.
25 My name is Virginie Monchy. I represent the OTP today. With me
1 is Mr. Paul Rogers who is the senior appeals counsel, as well as
2 Mrs. Lourdes Galicia who is our Case Manager.
3 JUDGE GUNEY: [Interpretation] Thank you.
4 Turning now to the Defence, please.
5 MR. VISNJIC: [Interpretation] Your Honour, Tomislav Visnjic for
6 the Defence of Milan Lukic, together with Mr. Dragan Ivetic,
7 Vladimir Bozovic, and Dalida Chrysostomidou.
8 MR. CEPIC: Your Honour, Djuro Cepic, Jens Dieckmann, and
9 Sabine Schulz for the Defence of Sredoje Lukic.
10 JUDGE GUNEY: [Interpretation] Thank you very much.
11 This Status Conference was convened pursuant to Rule 65 bis B and
12 C of the Rules of Procedure and Evidence of the Tribunal which requires
13 that a Status Conference shall be convened within 120 days after the last
14 status conference. The main purpose of a Status Conference is to give
15 any detainee pending an appeals ruling the possibility to raise issues in
16 relation thereto including its mental -- his or her mental physical
17 condition of the accused.
18 First Status Conference hearing was held on the 13th of November,
19 2009, we are therefore meeting today for the second Status Conference.
20 At this juncture, I'd like to highlight the developments which have taken
21 place from the point of view of procedure since we last met.
22 First I'd like to recall that the Trial Chamber rendered its
23 judgement in this case on the 20th of July 2009. The Office of the
24 Prosecutor filed its notice of appeal on the 19th of August, 2009,
25 against Sredoje Lukic. The Defence of Milan Lukic as well as the Defence
1 of Sredoje Lukic have both filed their notice of appeals on the 19th of
2 August, 2009.
3 The Office of the Prosecutor filed the public version of its
4 appeals brief against Sredoje Lukic on the 2nd of November, 2009
5 Defence of Sredoje Lukic filed its respondent brief on the 14th of
6 December, 2009, and the Prosecutor filed its brief in reply on the 23rd
7 of December, 2009.
8 The Defence of Sredoje Lukic has also filed its appeals brief
9 with a redacted public version and a confidential version on the 2nd of
10 November, 2009. The Prosecutor filed his respondent brief on the 14th of
11 December, 2009, and Sredoje Lukic filed his brief in reply on the 29th of
12 December, 2009.
13 The Defence of Milan
14 December, 2009, pursuant to the decision issued by the Appeals Chamber on
15 the 30th of October, 2009, which granted him an extension of the time.
16 The Prosecutor filed the -- his respondent brief on the 5th of February,
17 2010. And Milan Lukic filed his brief in reply on the 22nd of February,
19 I should like to thank the parties for having met the dead-lines
20 of submissions so as to ensure smooth running of the proceedings.
21 Furthermore, I should like to mention that the Appeals Chamber is now
22 seised of three confidential motions written by the Defence, and dated
23 respectively 8th of February, 2010; 10th of February, 2010; and 22nd of
24 February, 2010, in which it is asked to consider granting Milan Lukic the
25 possibility to introduce additional evidence.
1 And I would like to inform the parties that the Appeals Chamber
2 will issue its decisions in due course, and that will take place before
3 the hearing.
4 Later on, the Appeals Chamber will set the date of the appeals
5 hearing. It is now too early to set the official time of the appeals
6 hearing. What is likely is that the appeals hearing will not be held
7 before June 2010.
8 I would now like to turn to the issue of detentions, conditions,
9 and the state of the health of Mr. Milan and Sredoje Lukic. Would you
10 like to mention any concerns regarding your conditions of detention or
11 your state of health.
12 Mr. Milan
13 THE ACCUSED M. LUKIC: [Interpretation] As far as my health is
14 concerned, it's fine. As far as the detention conditions are concerned,
15 well, when an innocent man is in detention, you know how it is.
16 JUDGE GUNEY: [Interpretation] Thank you.
17 Mr. Sredoje Lukic?
18 THE ACCUSED S. LUKIC: [Microphone not activated]
19 THE INTERPRETER: Microphone for the accused, please.
20 JUDGE GUNEY: [Interpretation] Thank you.
21 I would now like to ask the parties whether at this juncture they
22 have any issues that they would like to deal with during this
23 Status Conference.
24 Let me first ask the OTP.
25 MS. MONCHY: [Interpretation] Thank you, Mr. President. We have
1 two items we would like to deal with quickly.
2 First in regards of the filing of the public version and the
3 redacted version of our response brief to Mr. Milan Lukic's appeals
4 brief, we have not filed it yet because Milan Lukic has not filed its
5 public redacted version of his own appeals brief.
6 This being said, the Defence of Milan Lukic has told us before
7 the hearing that they were about to file this public redacted version, so
8 we'll be able to file our own respondent brief, our own brief public and
10 Second item, the date of the hearing and possible questions of
11 the Chamber, the Appeals Chamber, we thank the Appeals Chamber for having
12 told us that the hearing would not be held before June 2010. It this
13 being said, and if this is possible, of course, we would like all parties
14 to be notified at least six weeks in advance of the questions put by the
15 Appeals Chamber as well as the date of the hearing in order to get
16 prepared and to get organised in an efficient manner. Thank you.
17 JUDGE GUNEY: [Interpretation] Thank you, Ms. Monchy.
18 Now could the Defence of Sredoje Lukic and Milan Lukic tell us
19 what they have to say in response to the items mentioned by the OTP.
20 These two items.
21 MR. VISNJIC: [Interpretation] Thank you, Your Honour.
22 With regard to the first item, we are prepared to file a public
23 version of our appellant's brief in 24 hours, within 24 hours and a
24 public version of the reply in three or five days, so that would probably
25 be by Monday. That would make it possible for the Prosecution to plan to
1 file their response at more or less the same time.
2 As far as the dead-lines for the appellate hearing is concerned,
3 I would like to draw the Appeals Chamber attention to the fact that we
4 have not yet received a translation of the judgement, a translation into
5 a language that the accused understand. And, therefore, I would request
6 that you grant us at least 30 days from the day the judgement is
7 translated so that we can consult with my client, Milan Lukic, to see if
8 he has any additional requests that concern the appeal and the
9 allegations in the appeal. We have worked with him on this basis, but we
10 believe that an official translation will make it possible for him to
11 fully understand the allegations made in the judgement.
12 Thank you, that would be all.
13 JUDGE GUNEY: [Interpretation] Thank you.
14 I take due note of the comments made by the parties on the first
15 issue. And you will shortly get a written answer on this. As far as the
16 translation of the judgement --
17 [Trial Chamber and legal officer confer]
18 JUDGE GUNEY: [Interpretation] Regarding the translation of parts
19 of the judgement in a language that the accused can understand, let me
20 tell you that we also took due note of the request and will do everything
21 possible by contacting the linguistic department to make sure that the
22 translation is done swiftly. It will be the translation of the relevant
23 parts of the judgement mainly.
24 As to the date of the appeals hearing, the Trial Chamber -- the
25 Appeals Chamber will do its utmost to accommodate both parties. But let
1 me repeat that at this juncture, all I can say is that the appeals
2 hearing will not be held before June 2010.
3 Do the representative of Mr. Milan Lukic's Defence have anything
4 else to raise?
5 MR. VISNJIC: [Interpretation] No, Your Honours. Thank you.
6 JUDGE GUNEY: [Interpretation] Thank you.
7 Now, what about the counsel of Defence for Mr. Sredoje Lukic, do
8 you have anything to add?
9 MR. CEPIC: Thank you, Your Honour, we can have nothing to raise
10 now, just to say for the transcript our position is that we could join to
11 proposal of our learned friends from OTP related to the issue of
12 notification of commencement of oral hearing six week before the
13 commencement of that hearing. Thank you very much.
14 JUDGE GUNEY: [Interpretation] Thank you. We take due note of
15 this, and we will try to accommodate your wishes as far as dead-lines --
16 as far as notice is concerned.
17 As far as I'm concerned, I have no other issues on the agenda.
18 We can thus adjourn for the day, and I would like to thank the parties
19 for their participation, and I also would like to thank all the staff for
20 helping us.
21 This hearing is adjourned.
22 --- Whereupon the Status Conference adjourned at
23 2.36 p.m.