1 Wednesday, 28 June 2000
2 [Status Conference]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 3.11 p.m.
6 JUDGE ROBINSON: Will the Registrar call the
7 case, please.
8 THE REGISTRAR: Good afternoon, Your Honour.
9 Case number IT-95-9-PT, the Prosecutor versus Milan
10 Simic, Miroslav Tadic, Stevan Todorovic and Simo Zaric.
11 JUDGE ROBINSON: Thank you. May we have the
12 appearances, please.
13 MS. PATERSON: Yes, Your Honour. Nancy
14 Paterson, for the Office of the Prosecutor, and with me
15 is Andrew Powell. Let me take this opportunity to
16 inform the Chamber that Grant Niemann, who until today
17 had been the senior trial attorney assigned to this
18 case, has now left the employment of the Tribunal. He
19 will longer be assigned to the case. From this date
20 forward I will be taking over as the lead attorney on
21 the case and will, in all probability, be assisted by
22 Suzanne Hayden, if and when this case ever goes to
23 trial, Your Honour.
24 JUDGE ROBINSON: And we wish Mr. Niemann the
1 For the Defence.
2 MR. ZECEVIC: Good afternoon, Your Honour.
3 Slobodan Zecevic for Milan Simic.
4 MR. PANTELIC: Good afternoon, Your Honour.
5 Igor Pantelic, on behalf of Mr. Miroslav Tadic.
6 MR. BRASHICH: Deyan Brashich on behalf of
7 the Todorovic Defence. Good afternoon, Your Honour.
8 MR. PISAREVIC: [Interpretation] Good
9 afternoon, Your Honour. My name is Borislav
10 Pisaveric. I'm representing Mr. Simo Zaric in this
12 JUDGE ROBINSON: I'd just like to ensure that
13 Mr. Todorovic can hear the proceedings in a language
14 that he understands.
15 THE ACCUSED TODOROVIC: [Interpretation] Yes,
16 Your Honour.
17 JUDGE ROBINSON: The purpose of this hearing
18 is to hold a Status Conference to meet the requirements
19 of Rule 65 bis in which the accused is allowed to
20 raise questions concerning the case, and in particular,
21 questions relating to his conditions. Before I ask the
22 accused if he has anything to say in this regard, I'd
23 like to provide some information on some of the
24 outstanding issues.
25 The first relates to the hearing that was
1 scheduled in relation to SFOR. The date that will be
2 fixed for that hearing will be the 28th of July.
3 That's the date that we are working towards: Friday,
4 the 28th of July.
5 Secondly, there is before the Chamber a
6 motion on behalf of Mr. Todorovic to provide the OTP to
7 provide the Defence with the name and address of a
8 particular individual. The Chamber will give a ruling
9 on this shortly, more than likely next week.
10 Thirdly, there is before the Chamber a motion
11 on behalf of Mr. Todorovic for judicial notice of
12 certain statements made by the OTP in a press release,
13 and the Chamber will give a ruling on this next week.
14 I now ask Mr. Todorovic whether he has
15 anything to say, either directly or through his
17 MR. BRASHICH: Your Honour, Mr. Todorovic can
18 speak for himself.
19 JUDGE ROBINSON: Mr. Todorovic.
20 THE ACCUSED TODOROVIC: [Interpretation] Your
21 Honour, thank you for this opportunity, but at present
22 I do not have anything to raise. Thank you.
23 JUDGE ROBINSON: Thank you very much.
24 Mr. Brashich.
25 MR. BRASHICH: Your Honour, with regard to
1 some clarification, the Court had stated that we are
2 working towards July 28th as the date for the hearing.
3 Is that -- will that only be with regard to the motion
4 for judicial assistance as to SFOR, or will the Court
5 take further evidence on the issue of abduction and
7 JUDGE ROBINSON: No, July 28th will be
8 confined to questions relating to SFOR. You will
9 recall that this issue has arisen and there is a
10 particular legal question that the Chamber faces and it
11 is that issue that the Chamber will deal with on the
13 MR. BRASHICH: Yes, Your Honour.
14 JUDGE ROBINSON: A further date will have to
15 be fixed for the -- what I might call the most
16 substantive hearing.
17 MR. BRASHICH: Thank you, Your Honour.
18 JUDGE ROBINSON: Yes, Ms. Paterson.
19 MS. PATERSON: Yes, Your Honour, while we're
20 discussing that, as I have brought to the attention on
21 several occasion of this Chamber, it would be helpful
22 if we could be advised ahead of time the dates of some
23 of these proposed hearings.
24 As I am now essentially the only lawyer on
25 the case, I will bring to the attention of the Court
1 today that I will not be available on the 28th of
2 July. I will be gone from the 27th of July until the
3 14th of August. If the hearing can be scheduled before
4 that date, I will be available, or after the 14th of
5 August, I will be available.
6 While, in theory, we should be able to find
7 another Prosecutor to stand up on the case, you are
8 aware that this matter involving Mr. Todorovic has gone
9 on for quite some time. I am the lawyer most familiar
10 with the facts related to the events involving
11 Mr. Todorovic and I believe it would be most practical
12 not only from our perspective, but from the Chamber's
13 perspective, to choose a date when I am available.
14 If that's not possible then obviously we'll
15 deal with that accordingly, but I wanted to bring that
16 to your attention.
17 JUDGE ROBINSON: Thank you very much.
18 Well, it obviously makes sense to have you
19 participate, and the Chamber will take account of the
20 comments that you have made and we'll work through the
21 senior legal officer to try and find a convenient
23 Mr. Brashich.
24 MR. BRASHICH: Your Honour, the position of
25 the Todorovic defence is that the Prosecution really
1 doesn't have a position or should be heard on this
2 particular issue, this is between SFOR and the
4 With regard to advancing the hearing, I would
5 welcome it. With regard to postponing it to a date
6 after Ms. Paterson's return, I would oppose it because
7 the whole concept, and I'm using the term "habeas
8 corpus" in a very loose sense since I'm very well aware
9 of the position that the Court has taken, but that is
10 an expedited hearing, and we have started the evidence
11 portion of the -- and I'm putting this in quotes
12 again -- of the "habeas corpus" hearing in November and
13 we are now in June and we're facing July.
14 So I would either, if Ms. Paterson wishes to
15 be present, I would join with her in an application to
16 advance the hearing to -- prior to July 14th. I
17 believe that's the date that she mentioned -- whatever
18 the date that Ms. Paterson is going away on vacation,
19 prior to that date, but I would oppose an adjournment
20 subsequent to her return.
21 JUDGE ROBINSON: Thank you very much. We'll
22 take account of all the comments that have been made
23 and we'll work through the senior legal officer who
24 will contact both of you.
25 Yes, Ms. Paterson.
1 MS. PATERSON: Yes, Your Honour, if I could
2 just raise a couple of additional questions, I don't
3 know if you are prepared to answer them today but we
4 were wondering if you have any idea on when we can
5 expect a written decision on the Chamber's verdict in
6 the Rule 77 hearing.
7 JUDGE ROBINSON: Next week.
8 MS. PATERSON: And one other matter, we also
9 wanted to know if it might be possible for the Office
10 of the Prosecutor to get either some sort of a report,
11 be it oral or written, of the fact that the three
12 defendants who have been provisionally released are, in
13 fact, complying with the assurances and guarantees
14 given to this Court that they are reporting to the
15 police and everything is being done according to the
17 I believe that the Office of the Prosecutor
18 is in a position to possibly know before the Court
19 would if something is amiss, but since none of this is
20 being brought to our attention, we are a bit in the
21 dark in regard to what is happening with this
23 JUDGE ROBINSON: The senior legal officer.
24 [Chamber confers with legal officer]
25 JUDGE ROBINSON: Ms. Paterson, I'm not aware
1 of any procedure that would require such a report. But
2 obviously if you are aware -- if the Office of the
3 Prosecutor is aware of anything which is relevant to
4 the question of the conditions, then I think it should
5 be brought to the attention of the Chamber and, indeed,
6 that would apply to the Defence as well.
7 Yes, Mr. Pantelic.
8 MR. PANTELIC: Thank you, Your Honour. Just
9 a few comments which might get a little bit of light in
10 the Prosecutor's dark situation with regard to this
12 The members of the Prosecutor's office are
13 very welcome in the Samac area so they can, through
14 their representatives in Bosnia, easily contact police
15 authorities in Bosanski Samac as well as the
16 international police based in Modrica and the relevant
17 authorities of Republika Srpska government.
18 Defence don't see any particular reason not
19 to respond to the Prosecutor about this specific
20 situation in terms of the checking of the presence of
21 the accused so we could provide this list from the
22 local police office from Samac if it's necessary, of
24 JUDGE ROBINSON: I think as officers of the
25 court, the members of the OTP and the Defence would --
1 it would be very proper if they had information to pass
2 it on to the relevant authorities, and that's all that
3 I would say on this matter. Thank you both.
4 MR. PANTELIC: Thank you, Your Honour.
5 JUDGE ROBINSON: Does anyone wish to raise
6 any other issue?
7 I should say that under the requirements of
8 Rule 65, we'll have to have another Status Conference
9 before October 26th. But you will be informed of the
10 date. The hearing stands adjourned.
11 -- Whereupon the Status Conference
12 adjourned at 3.25 p.m.