030428SC

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1 Monday, 28 April 2003

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.31 p.m.

6 JUDGE SHAHABUDDEEN: Madam Registrar, will you please call the

7 case.

8 THE REGISTRAR: Good afternoon, Your Honour. This is IT-98-32-A,

9 the Prosecutor versus Mitar Vasiljevic.

10 JUDGE SHAHABUDDEEN: May we have the appearances. Counsel for the

11 appellant identify himself.

12 MR. DOMAZET: Yes, Your Honour, Vladimir Domazet, the lead counsel

13 for Mitar Vasiljevic, and Mr. Bosko Ristic, my legal advisor in the

14 defence team.

15 JUDGE SHAHABUDDEEN: Thank you very much.

16 MR. DOMAZET: Thank you.

17 Counsel for the Prosecution.

18 MR. STAKER: May it please Your Honour, my name is Christopher

19 Staker. I appear with my colleague, Mr. Steffan Wirth. Our case manager

20 is Ms. Lourdes Galicia.

21 JUDGE SHAHABUDDEEN: May I turn to the accused, the appellant, to

22 make sure that he is hearing me in a language which he understands.

23 THE APPELLANT: [No Interpretation]

24 JUDGE SHAHABUDDEEN: Thank you. Please be seated.

25 Now, this meeting of the Appeals Chamber is held pursuant to a

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1 conference -- Status Conference order made on 17th of March, 2003.

2 Mr. Vasiljevic, I understand that the case against you was concluded on

3 the 29th of November, 2002, and that you filed a notice of appeal on 30

4 December, 2002. There were certain proceedings on that notice of appeal,

5 and you then filed an amended notice of appeal on 12th of February, 2003.

6 So your status at this moment is that you are an appellant, and that being

7 so, I would read to you the applicable rule. It is Rule 65 bis (B) with

8 which all counsel would be familiar, but I do feel there is virtue in

9 reading it out to you. It says: "The Appeals Chamber or an Appeals

10 Chamber Judge shall convene a Status Conference within 120 days of the

11 filing of a notice of appeal, and thereafter within 120 days after the

12 last Status Conference to allow any person in custody pending appeal the

13 opportunity to raise issues in relation thereto including the mental and

14 physical condition of that person."

15 Now, this is the first such conference, and I may recap by

16 summarising the ideas which proceed from this rule. They are, first, to

17 afford you an opportunity to mention any concerns you have about the

18 condition of your detention, et cetera, and to update you on the status of

19 your appeal. I think it's a very valuable rule, and it gives to you and

20 to any appellants in your condition an opportunity to maintain a living

21 connection with the judicial branch of the Tribunal.

22 So now would you like to avail yourself of this opportunity to

23 state whether you are satisfied with the conditions of your detention,

24 whether you have any problems or so?

25 THE APPELLANT: [Interpretation] Your Honour, I am satisfied with

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1 the conditions in the Detention Unit, and I have no problems whatsoever.

2 Thank you.

3 JUDGE SHAHABUDDEEN: Thank you. Would your counsel wish to add

4 anything to that?

5 MR. DOMAZET: No, Your Honour, we will not.

6 JUDGE SHAHABUDDEEN: Now, may I then turn to the status of your

7 appeal. I have recited certain facts a while ago. And the position is

8 that by an order the 29th of January this year, the Appeals Chamber

9 speaking through myself said to you that you were to file your appellant's

10 brief not later than 40 days after the date of filing of the B/C/S

11 translation of the Trial Chamber's judgement. Now, I have to tell you

12 that I'm informed reliably that the B/C/S version of the judgement would

13 be filed today so that you would then have in accordance with this order

14 until the 10th of June to file your appellant's brief, and thereafter the

15 proceedings will continue in conformity with the procedures set out in the

16 rules.

17 Is that clear? Counsel, is that clear?

18 MR. DOMAZET: Yes, Your Honour.

19 JUDGE SHAHABUDDEEN: Has the Prosecution got any comment?

20 MR. STAKER: No, Your Honour. We have no comment.

21 JUDGE SHAHABUDDEEN: If there is nothing more to be said, I would

22 adjourn these proceedings until the next Status Conference

23 takes place.

24 Thank you very much.

25 --- Whereupon the Status Conference adjourned

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1 at 2.39 p.m.