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1 Monday, 28 October 2013
2 [Open session]
3 [Status Conference]
4 [The appellant entered court]
5 --- Upon commencing at 9.59 a.m.
6 JUDGE MERON: Please be seated.
7 Registrar, will you please call the case.
8 THE REGISTRAR: Thank you and good morning, Your Honour. This is
9 case number IT-05-88/2-A, the Prosecutor versus Zdravko Tolimir.
10 JUDGE MERON: Thank you.
11 I would like to begin by insuring that the audio equipment is
12 working properly.
13 Mr. Tolimir, can you hear the proceedings in a language that
14 understand? Mr. Tolimir? You -- I see that you can hear the proceedings
15 in a language you understand. Thank you.
16 Counsel for the Prosecution.
17 MR. MILANINIA: Good morning, Your Honour. Nema Milaninia on
18 behalf of the Prosecution, here with my colleague Mr. Todd Schneider and
19 our Case Manager Ms. Djurdja Mirkovic.
20 JUDGE MERON: Thank you very much.
21 Appearances by the parties. The Prosecutor, I suppose you would
22 say more or less the same thing?
23 MR. MILANINIA: Yes, Your Honour.
24 JUDGE MERON: Mr. Tolimir, you are self-representing, and I
25 believe that Mr. Aleksandar Gajic has been granted the right of audience
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1 in the courtroom. Thank you.
2 As you are aware, Rule 65 bis (B) of the Rules of Procedure and
3 Evidence requires a Status Conference to be convened within 120 days
4 after the filing of a Notice of Appeal and thereafter within 120 days
5 after the last Status Conference for each appellant in the Tribunal's
6 custody.
7 A Status Conference serves two primary purposes: First it allows
8 the appellants an opportunity to express concerns relating to their
9 appeal or detention conditions. Second, it provides an opportunity to
10 update the appellants with respect to the status of their case. The
11 Status Conference is also an opportunity for the Tribunal to inquire
12 about the mental and physical condition of the detained persons.
13 In the present case, the last Status Conference was held on
14 5 July, 2013; thus, the Status Conference is taking place before the
15 expiration of the 120 days period specified in the Rule 65 bis (B).
16 Today's Status Conference was scheduled by the Scheduling Order issued on
17 17th September, 2013.
18 Situation and health of the appellant. Let me now inquire into
19 Mr. Tolimir's health. If you wish, this discussion can take place in a
20 closed session.
21 Would you like me to close the session, Mr. Tolimir, or no need?
22 THE APPELLANT: [Interpretation] Thank you, Mr. President.
23 THE INTERPRETER: Can the accused be asked to speak into the
24 microphone, please, because we have difficulty hearing him.
25 JUDGE MERON: I am so sorry. Would you like for the discussion,
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1 I had a question about your health and the question --
2 THE APPELLANT: [Interpretation] Thank you, Mr. President.
3 JUDGE MERON: And the question is whether you would like --
4 THE APPELLANT: [Interpretation] There is no need to go into
5 closed session. I can say this in open session, that my health is as it
6 ever was. I do not take any medication because there is no need for it.
7 And I do hope the situation will obtain and I hope that with God's will
8 we will bring this trial to an end. This is something we ourselves wish
9 for. Thank you.
10 JUDGE MERON: Thank you very much, Mr. Tolimir. I am very
11 pleased to hear that your health is as good as ever.
12 So let me now turn to the procedural history of the case. On
13 4 September, 2013, the Appeals Chamber granted a motion by Mr. Tolimir
14 for variation of the grounds of appeal and amendment of his appeal brief
15 and ordered Mr. Tolimir to file an amended Notice of Appeal within five
16 days of the date of issuance of the decision and a consolidated appeal
17 brief within 20 days of the filing of the decision.
18 By the same decision, the Appeals Chamber ordered the Prosecution
19 to file a response brief within 21 days of the filing of the consolidated
20 appeal brief. Mr. Tolimir filed his amended Notice of Appeal on
21 9 September, 2013, and a confidential version of his consolidated appeal
22 brief on 24th September, 2013. The Prosecution filed a confidential
23 version of its response brief on 16 October, 2013. Mr. Tolimir's reply
24 brief is due on 31 October, 2013.
25 On 25 October, 2013, Mr. Tolimir filed a motion for extension of
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1 time for the filing of his reply brief, requesting that I allow him to
2 file his reply brief within 10 days of the filing of the B/C/S
3 translation of the Prosecution's response brief. Alternatively,
4 Mr. Tolimir requests that I grant him a seven-day extension for the
5 filing of his reply brief and allow him, if necessary, to file an amended
6 reply brief within 10 days of the filing of the B/C/S translation of the
7 Prosecution's response brief.
8 Tolimir submits that he's self-represented, that he does not
9 understand the English language, that he has only one legal advisor, that
10 the time for consultations with his legal advisor is limited, and that
11 his legal advisor has been engaged in reviewing material recently
12 disclosed by the Prosecution.
13 Mr. Milaninia, I am wondering whether I could ask you to file a
14 response, if any, by close of business tomorrow, 29 October, in which
15 case I would render a decision shortly after receipt of your response.
16 MR. MILANINIA: Your Honour, if it satisfies the Court, we can
17 actually give of our position today, which is that the Prosecution does
18 not intend to object to Mr. Tolimir's motion. And as to the alternatives
19 that Mr. Tolimir has posited, we take no position and we leave it to the
20 wisdom of the Tribunal.
21 JUDGE MERON: Thank you very much. In this case I will issue my
22 decision now orally. It will save paper work and efforts to all the
23 parties.
24 In my view, the circumstances advanced by Mr. Tolimir constitute
25 good cause for granting him a seven-day extension for the filing of his
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1 reply brief. I note that such an extension will not impact the overall
2 time necessary for consideration of this appeal. Pursuant to
3 Rules 127(A)(i) and 127(B) of the Rules of Procedure and Evidence of the
4 Tribunal, I hereby allow Mr. Tolimir to file his reply brief not later
5 than 7 November 2013. Should Mr. Tolimir wish to file an amended version
6 of his reply brief following the filing of the B/C/S translation of the
7 Prosecution's response brief, he shall do so by motion within 10 days of
8 the filing of the B/C/S translation of the Prosecution's response brief.
9 So this is my ruling on the most recent request by Mr. Tolimir.
10 So let me now ask the parties whether they have any other issues
11 they would like to raise at this time.
12 Mr. Tolimir, anything you would like to raise?
13 THE APPELLANT: [Interpretation] Thank you, Mr. President. I have
14 nothing to raise. Greetings to everyone and I wish them success in the
15 work in this trial. God-speed. Thank you.
16 JUDGE MERON: Thank you very much.
17 The Prosecution.
18 MR. MILANINIA: No, Your Honour. The Prosecution has no further
19 issues at this time.
20 JUDGE MERON: Thank you, Mr. Tolimir. Thank you, the Prosecutor.
21 Since there are no other matters to be raised, I thank the parties for
22 their attendance and call the proceedings to a close.
23 --- Whereupon the Status Conference
24 adjourned at 10.11 a.m.
25