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ICTY Weekly Press Briefing - 17th Nov 2004

ICTY Weekly Press Briefing

note that this is not a verbatim transcript of the Press Briefing.
It is merely a summary.

ICTY Weekly Press Briefing

Date: 17.11.2004

Time: 12.00 p.m.

Registry and Chambers:

Jim Landale, Spokesman for Registry and Chambers,
made the following statement:

Good afternoon,

I would like to announce that the Tribunal’s new legal aid pre-trial
and trial payments schemes have been issued today and are due to
enter into force as of 1 December, 2004. I have copies of both schemes
for you, which I will distribute after this briefing. As you will
see, both schemes involve making available substantial funds, representing
a very important part of the Tribunal’s budget, to accused who cannot
financially support their defence costs, which at the ICTY I understand
to be all but four accused.

Although there is sometimes criticism that the portion of the Tribunal’s
budget is too large and the sums too generous, we at the Tribunal
strongly disagree and would argue that the rights of the accused
are fundamental and that these comprehensive legal aid schemes demonstrate
beyond all doubt the Tribunal’s commitment to upholding the rights
of accused at the ICTY to fully defend themselves. These are rights
the Tribunal will continue to guarantee and to promote. I am also
pleased to note that the ADC were consulted in the process of developing
these schemes and have given them their full endorsement.

I would also like to take issue with a story in the Croatian daily
Vecernji List last week, which reported that during a meeting between
President Meron and representatives of the Bosnian parliamentary
assembly here in The Hague, "President Meron took sides
with Bosnian parliamentary representatives in a conflict with the
High Representative Paddy Ashdown regarding a set of laws, which
are a prerequisite for the transfer of cases from the ICTY to Bosnia
and Herzegovina
". Needless to say, the President did not
such thing and rejects any suggestion to the contrary.

The Appeals Chamber has ordered that the oral arguments on appeal
in The Prosecutor v. Dragan Nikolic, be held on 29 November
2004, commencing at 9 a.m. The Appeals Chamber has further directed
that the Appellant shall have up to 30 minutes to make his oral
submission; the Prosecution up to 30 minutes in response; and the
Appellant up to 10 minutes in reply to the Prosecution’s response.

In terms of the the court schedule, in addition to the continutation
of the Milosevic, Limaj et al., Oric, Hadzihasanovic and Kubura,
and Krajisnik trials, there will be status conferences in The
Prosecutor v. Stanislav Galic
on Monday 22 November at 2.30
p.m. in Courtroom II; in The Prosecutor v. Martinovic and Naletilic
on 23 November at 4 p.m. in Courtroom II; in The Prosecutor
v. Prlic et al.
on 24 November at 3 p.m. in Courtroom III; and
in The Prosecutor v. Pasko Ljubicic on 25 November at 3 p.m.
in Courtroom I.

Office of the Prosecutor:

Florence Hartmann for the Office of the Prosecutor made no statement.


Asked who the four accused were that did not fall under the
list of indigent accused and if Milosevic was included in the four,
Landale replied that Milosevic was not included in the four. Landale
said that Milosevic benefited from legal aid in the form of funds
made available to the assigned defence counsel and therefore legal
aid was made available to support his case. According to the most
recent information received, Landale confirmed that the four accused
not receiving legal aid, in any shape or form, were Kordic, Markac,
Norac, and Zigic.

A journalist made reference to the Republika Srpska report
on the Srebrencia genocide, commenting that even though the report
was not public various officials had seen and commented on the report.
One of the alleged quotes had stated that troops from Serbia had
participated in the Srebrencia genocide. Asked if the OTP had any
access to the report and if so was there any confirmation that these
allegations were in the report, Hartmann replied that she had no
comment since the report was not public and that the question should
be addressed to the Office of the High Representative.

Asked if there were any indication as to when the Trial Chamber
would issue its decision on the resignation of the assigned counsel,
Landale said that he had been told that the decision would be rendered
in due course.

Asked if General Krstic would be transferred soon to serve
his sentence and if so, in which country, Landale confirmed that
in a public decision it had been announced that he would serve his
sentence in the United Kingdom and that this would be the first
time a convicted person had been transferred to the UK to serve
a sentence. Landale said, however, consistent with the established
practice, that the transfer would not be announced in advance.

Asked if the election of Judges was scheduled for tomorrow
and if so, was there any indication of time, Landale stated that
the elections were due to be held tomorrow. Noting the time difference
between The Hague and New York, he expected to be able to announce
the results on Friday, he said.


The Prosecutor v Enver Hadzihasanovic and Amir Kubura

15 November 2004 – Prosecution Response to Joint Defence Interlocutory
Appeal of Trial Chamber Decision on Enver Hadzihasanovic and Amir
Kubura’s Rule 98bis Motions for Acquittal. (22pgs)

The Prosecutor v. Rahim Ademi and Mirko Norac

10 November 2004 – Further Submission in Support of the Motion
of the Prosecutor Under Rule 11bis. (6pgs)

16 November 2004 –The Submission of the Gravity of the Crimes and
the Level of Responsibility of the Accused. (4pg)

The Prosecutor v. Radislav Krstic

11 November 2004 – Order Designating the State in Which Radislav
Krstic is to Serve his Prison Sentence. (2pg)

The Prosecutor v. Jovica Stanisic and Franko Simatovic

11 November 2004 – Decision on Prosecution’s Application Under
Rule 115 to Present Additional Evidence in its Appeal Against Provisional
Release. (10pg)

The Prosecutor v. Mile Mrksic, Miroslav Radic and Veselin

15 November 2004 – (Partly Confidential) Prosecution’s Submission
of the Proposed Third Consolidated Amended Indictment Pursuant to
the Trial Chamber Decision of 29 October 2004. (30pg)



also the latest ADC-ICTY press briefing.