Tribunal Criminal Tribunal for the Former Yugoslavia

Page 704

 1                           Wednesday, 18 December 2013

 2                           [Status Conference]

 3                           [Open session]

 4                           [The Appellant Pavkovic not present]

 5                           [The appellants entered court]

 6                           --- Upon commencing at 3.30 p.m.

 7             JUDGE LIU:  Good afternoon, ladies and gentlemen.

 8             Registrar, would you please call the case.

 9             THE REGISTRAR:  Good afternoon, Your Honour.  This is case number

10     IT-05-87-A, the Prosecutor versus Nikola Sainovic, Nebojsa Pavkovic,

11     Vladimir Lazarevic, and Sreten Lukic.

12             JUDGE LIU:  Thank you very much.

13             May I please have the appearances of the parties.  First, the

14     Prosecution.

15             MS. FINNIN:  Good afternoon, Your Honour.  My name is

16     Sarah Finnin.  I appear for the Prosecution with Barbara Goy and our

17     case manager, Colin Nawrot.

18             JUDGE LIU:  Thank you.

19             And now the Defence counsel, please.

20             MR. PETROVIC: [Interpretation] Good afternoon, Your Honour.

21     Vladimir Petrovic on behalf of Mr. Nikola Sainovic.

22             JUDGE LIU:  Thank you.

23             MR. ALEKSIC: [Interpretation] Good afternoon, Your Honour.

24     Aleksander Aleksic for General Nebojsa Pavkovic.

25             JUDGE LIU:  Thank you.

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 1             MR. BAKRAC: [Interpretation] Good afternoon, Your Honour.  Good

 2     afternoon to everyone in the courtroom and around the courtroom.

 3     Mihajlo Bakrac, on behalf of Mr. Vladimir Lazarevic.

 4             JUDGE LIU:  Thank you.

 5             MR. IVETIC:  Good afternoon, Your Honour.  Co-counsel, Dan

 6     Ivetic, on behalf of Sreten Lukic.

 7             JUDGE LIU:  Thank you.  Thank you very much.

 8             Before we start, can all the parties hear the proceedings in a

 9     language that they could understand?

10             Mr. Sainovic?

11             THE APPELLANT SAINOVIC: [Interpretation] Yes, Your Honour.

12             JUDGE LIU:  Thank you.  Thank you, very much.

13             Mr. Lazarevic.

14             THE APPELLANT LAZAREVIC: [Interpretation] I can understand, yes.

15             JUDGE LIU:  Thank you.

16             Mr. Lukic.

17             THE APPELLANT LUKIC: [Interpretation] I can follow, Your Honour.

18             JUDGE LIU:  Thank you.  Thank you very much.

19             This Status Conference is called in accordance with the

20     Rule 65 bis (B) of the Rules of Procedure and Evidence of the Tribunal,

21     which requires a Status Conference to be convened every 120 days during

22     the appeals proceedings to allow any person in custody pending appeal the

23     opportunity to raise any issues in relation thereto, including the mental

24     and the physical condition of that person.  In the present case, the last

25     Status Conference was held on the 4th September, 2013.  Today's

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 1     Status Conference was scheduled by order issued on the 18th November,

 2     2013.

 3             First, I would like to inquire into the status of the detention

 4     conditions and the health situation of the appellants.  If you have any

 5     concern in relation to the detention conditions or your states of health

 6     that cannot be resolved through the standard procedures, I would invite

 7     you to raise them now.  If you wish, this discussion can take place in

 8     private session.

 9             Yes, yes, Mr. Lazarevic.

10             THE APPELLANT LAZAREVIC: [Interpretation] Your Honour, I won't be

11     discussing my health and issues related to it or whatever is left of my

12     health, to be more precise.  Given the fact that this year-long struggle

13     or the tau is nearing its end, I would like to thank you for the patience

14     you have exhibited thus far as well as for your understanding and the

15     assistance lent with regard to my health, as was the case at all of the

16     previous Status Conferences.

17             On occasion, following a Status Conference, certain competent

18     authorities seemed to approach the issue of resolving my numerous health

19     issues more readily.  Thanks to you, Mr. President, Your Honour, I had

20     the following opportunity.  Since there wasn't much to boast in terms of

21     my health, at least there was someone to turn to, to complain to - it was

22     always you - and that is why I thank you yet again.  That is all I wanted

23     to say, Your Honour.

24             JUDGE LIU:  Thank you.  Thank you very much.

25             Well, if there's no one to make a speech, I will turn to the next

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 1     issue which is about recent procedural history.  Before we turn to any

 2     issue that the parties may wish to raise, I would like to briefly mention

 3     one outstanding matter.  On the 30th September, 2013, the Prosecution

 4     filed a request seeking leave to file certain portions of

 5     Charles Taylor's appeal judgement of the Special Court for Sierra Leone

 6     as supplementary authority in this case.  The Prosecution submits that

 7     these portions contain the findings that are pertinent to its argument

 8     concerning the element of aiding and abetting liability.  The Defence did

 9     not respond to this request.  I note that the Appeals Chamber is aware of

10     current relevant jurisprudence, including Taylor's appeal judgement.  It

11     is therefore unnecessary for the portions of Taylor's appeal judgement to

12     be filed as a supplementary authority in this case.  And the

13     Prosecution's request is accordingly dismissed.

14             At this point I would like to ask the parties whether they have

15     any other issues that they would like to raise.  Is there any issue the

16     Prosecution would like to raise?

17             MS. FINNIN:  No, Your Honour.

18             JUDGE LIU:  Thank you.

19             Counsel for Mr. Sainovic, do you have any other issues you would

20     like to raise?

21             MR. PETROVIC: [Interpretation] No.  Thank you, Your Honour.

22             JUDGE LIU:  Thank you.

23             Counsel for Mr. Lazarevic, do you have any issue to raise?

24             MR. BAKRAC: [Interpretation] No, Your Honour.

25             JUDGE LIU:  Counsel for Mr. Lukic?

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 1             MR. IVETIC:  We have none, Your Honour.

 2             JUDGE LIU:  Thank you.

 3             Counsel for Mr. Pavkovic?  I'm sorry.

 4             MR. ALEKSIC: [Interpretation] Nothing to raise, Your Honour.

 5     Thank you.

 6             JUDGE LIU:  Thank you very much.

 7             Well, I think this concludes today's Status Conference.  I thank

 8     the parties for their attention and adjourn these proceedings.

 9                           --- Whereupon the Status Conference

10                           adjourned at 3.40 p.m.