080201SC

Page 75

1 Friday, 1 February 2008

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.16 p.m.

6 JUDGE VAZ: [Interpretation] We are now in session. Good

7 afternoon, ladies and gentlemen.

8 Mr. Registrar, kindly call the case, please.

9 THE REGISTRAR: Thank you, Your Honour. Good afternoon everyone

10 in the courtroom. Good afternoon. This is the case number IT-01-42-A,

11 The Prosecutor versus Pavle Strugar. Thank you, Your Honour.

12 JUDGE VAZ: [Interpretation] Thank you, Mr. Registrar.

13 Mr. Strugar, are you in a position to hear and follow the

14 proceedings in a language that you can understand?

15 THE ACCUSED: [Interpretation] Yes, I can.

16 JUDGE VAZ: [Interpretation] Thank you. You can be seated.

17 I'm now turning to the parties.

18 Can I have the appearances, starting with the representatives of

19 the Office of the Prosecutor, please.

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

21 Tracol, appeals attorney; Helen Brady, senior appeals attorney; and

22 Mr. Sebastiaan Van Hooydonk, who is our case manager.

23 JUDGE VAZ: [Interpretation] Thank you, Mr. Tracol.

24 Let me now turn to the Defence representatives, the counsel

25 representing Mr. Strugar in this case.

Page 76

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

2 behalf of the Defence of Mr. Strugar, we have Goran Rodic and Vladimir

3 Petrovic appearing as his Defence counsel. Thank you.

4 JUDGE VAZ: [Interpretation] Thank you.

5 In this case, pending the appeal judgment, Mr. Strugar has been in

6 custody in the United Nations Detention Unit in The Hague, in the

7 Netherlands. Pursuant to the provisions of Rule 65 bis of the Rules of

8 Procedure and Evidence of the Tribunal, a Status Conference, an Appeals

9 Status Conference, is convened within 120 days after the last Status

10 Conference in order to allow any person in custody pending appeal the

11 opportunity to raise issues in relation thereto. In the instant case, the

12 first Status Conference was held on the 1st of October, 2007.

13 The Scheduling Order for this Status Conference was issued on the

14 14th of January, 2008, and we decided on this date, today, on account of

15 the availability of the Defence counsel.

16 So, Mr. Strugar, I wish to ask you if you have any concern you'd

17 like to express to me regarding detention conditions or your mental and

18 physical condition.

19 You have the floor.

20 THE INTERPRETER: Microphone, please, for Mr. Strugar.

21 JUDGE VAZ: [Interpretation] Could you please turn on the

22 microphone.

23 THE ACCUSED: [Interpretation] Can you hear me now?

24 JUDGE VAZ: [Interpretation] Yes, we do.

25 THE ACCUSED: [Interpretation] As far as my health is concerned, it

Page 77

1 is unchanged. I am taking medicines regularly, so it is a status quo,

2 just like I said the last time.

3 As for my conditions in the detention unit, I'm satisfied and have

4 I no problems.

5 Thank you.

6 JUDGE VAZ: [Interpretation] I thank you, Mr. Strugar. You can sit

7 down, if you're finished.

8 I note that you do not have any specific complaint. Therefore,

9 with regard to the status of the appeals file, I remind that the

10 Prosecutor filed an addendum to their brief on the 1st of October, 2007,

11 and I also observe that failing any pending motions, the briefing on

12 appeal is now complete and up to date.

13 Pursuant to Rule 114, the Appeals Chamber set the date for the

14 hearing for the date of the 23rd of April, 2008. I refer to an order that

15 also gives the scheduling for the appeals hearing.

16 Should the Appeals Chamber have any specific questions on points

17 that need clarification, the parties will be so informed and notified in

18 due time and place.

19 We have taken good note of what Mr. Strugar told us with regard to

20 his health which has remained unchanged, and he is receiving treatment in

21 the detention unit.

22 Therefore, after saying this, I'll turn, once again, to the

23 parties to ask them whether they have any observations or questions to

24 raise. As far as I'm concerned, indeed I, have no other items I would

25 like to deal with during this Status Conference.

Page 78

1 Yes, Mr. Tracol.

2 MR. TRACOL: [Interpretation] Yes, Your Honour. The Prosecution

3 wishes to thank you for informing the parties through the Scheduling Order

4 of the 29th of January. That is nearly two months before the date of the

5 23rd of April. The parties met and discussed. Prior to this Status

6 Conference, we have a footnote 4 of the Scheduling Order which deals with

7 the Appeals Chamber practice, which is want to put questions prior to the

8 hearing.

9 We'd like it know, on behalf of the two parties, whether the

10 Appeals Chamber plans to put questions in writing to them; and in the

11 affirmative, could we have the written questions, say, four weeks, a

12 month, before the hearing, so that we can prepare ourselves and thereby

13 assisting the Appeals Chamber in the best way possible.

14 JUDGE VAZ: [Interpretation] Thank you, Mr. Prosecutor.

15 In respect of your question of written questions from the Appeals

16 Chamber addressed to the parties, I wish to say that if the Appeals

17 Chamber should decide to put specific questions to the parties on parts of

18 their respective appeals briefs, it will be done at least three to four

19 weeks before the date of the hearing. In this way, you will be able to

20 prepare yourselves, of course. This won't preclude the Appeals Judges

21 from asking other questions in order to seek clarifications on your

22 submissions at the hearing itself.

23 Do you have any further questions, now turning to the Defence?

24 MR. RODIC: [Interpretation] Your Honour, what my learned friend

25 stated -- from the Prosecution stated also represented our position, and

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1 we have no additional requests.

2 Thank you.

3 JUDGE VAZ: [Interpretation] I thank you, too.

4 Now, in the absence of any further questions, the Status

5 Conference stands adjourned.

6 Thank you all. Have a good afternoon.

7 --- Whereupon the Status Conference adjourned

8 at 2.27 p.m.