Registry and Chambers:
Nerma Jelačić, Spokesperson for Registry and Chambers, made the following statement:
I’ll turn first to two Decisions relating to requests for provisional release:
In the Popović and others case, the Appeals Chamber on Tuesday dismissed Ljubomir Borovčanin’s appeal of the Trial Chamber’s decision to deny him provisional release, which was rendered on 7 October 2010. Borovčanin had requested a ten-day provisional release to visit his ailing father. Considering that his father’s health is stable, the Appeals Chamber found that there is currently “no acute justification” for releasing Borovčanin. Presiding Judge Robinson gave a separate opinion dissenting in part and concurring in result. Judges Liu and Vaz gave separate opinions. Borovčanin, former Deputy Commander of the Special Police Brigade of the Republika Srpska police forces, was sentenced to 17 years’ imprisonment for his involvement in the July 1995 massacre of Bosnian Muslims in Srebrenica, eastern Bosnia and Herzegovina. His conviction was not appealed by either party and he is now awaiting transfer to a state in which he is to serve the remainder of his sentence.
In the case of Mićo Stanišić and Stojan Župljanin, a decision was issued last Friday denying Mićo Stanišić’s request for provisional release. Stanišić’s Defence had requested that he be released temporarily to Belgrade, from 1 February to 17 March, to be able to cooperate with his team which will be based there during the break in trial proceedings. The Trial Chamber ruled that Stanišić’s request should be denied due to a lack of “compelling humanitarian grounds” that would justify provisional release at this advanced stage of trial proceedings.
Onto a separate decision also in the Stanišić and Župljanin case, the Registrar yesterday granted Stojan Župljanin full legal aid for his defence, having found that the Accused does not have the means to pay for the costs himself.
Turning next to the Courtroom schedule:
Closing arguments on the case of Prlić and others concluded yesterday and the hearing adjourned until further notice. Journalists will be notified as soon as the Chamber has announced the date of the Judgement.
In the case of Vojislav Šešelj, a Rule 98 bis hearing will begin next Monday, 7 March at 14:30 in Courtroom I. Rule 98 bis of the Tribunal’s Rules of Procedures and Evidence provides that an accused may file a motion for a judgement of acquittal on one or more offences charged in the indictment after the close of the Prosecutor’s case. After hearing the oral submissions of the parties, the Trial Chamber can enter a judgement of acquittal on any count if it finds that the evidence presented by the Prosecution is insufficient to support a conviction. The Prosecution has been granted 4 hours and the Accused a total of 3h30 to present their arguments.
Another Rule 98 bis hearing will be held in the case of Jovica Stanišić and Franko Simatović from 7 April 2011 onwards. I will remind you of it closer to the time.
In the case of Milan Lukić and Sredoje Lukić, a status conference will be held on Thursday, 10 March at 15:00 in Courtroom III. On 20 July 2009, Milan and Sredoje Lukić were sentenced to life and 30 years’ imprisonment respectively for crimes against humanity and war crimes committed in the eastern Bosnian town of Višegrad during the 1992-5 conflict. They are currently in detention at the United Nations Detention Unit pending appeal. The last status conference was held on 11 November 2010.
As to the ongoing cases, in the trial of Radovan Karadžić, the Chamber is currently hearing the testimony of Mehmed Musić who was a resident of the village of Musići in the Hadžići municipality of Sarajevo. He is speaking of his plight and that of other non-Serbs held in detention facilities across the municipality, and of the beating and disappearance of 47 detainees from Hadžići. Mr Musić previously testified in the trials of Slobodan Milošević and Momčilo Krajišnik.
In the trial of Zdravko Tolimir, the testimony of Edward Joseph, former UNPROFOR Civil Affairs Officer, will resume this afternoon in Courtroom III. He is the 88th witness to be called by the Prosecution since the start of the trial on 26 February 2010.
Office of the Prosecutor:
Frederick Swinnen, member of the Prosecutor’s Immediate Office, made no statement.
No questions were asked.