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ICTY Weekly Press Briefing - 16th Feb 2005

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: 16.02.2005

Time: 12.15

Registry and Chambers:

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

Good afternoon,

First, at the Judges’ Plenary session
last Friday, a refined version of Rule 11 bis
of the Rules of Procedure and Evidence was adopted,
as was an amendment to Rule 124 to reflect the long-standing
practice with regard to the grant of early release
and parole. The amendments will come into force
on 22 February 2005 and copies will be available
after this briefing.

A reminder that tomorrow there
will be a hearing on the Prosecutor’s Request of
2 September 2004 for referral of the Ademi and Norac
case to Croatia, pursuant to Rule 11 bis,
before the specially appointed Chamber comprised
of Judges Orie (presiding), Kwon and Parker, starting
at 8.30 a.m. in Courtroom I. The hearing will be
held in the presence of the Prosecution and Defence
counsel, but without the presence of the accused.
The Chamber has invited representatives of the Government
of Croatia to appear, as well as two amici curiae.

The Chamber will also hold a hearing
on 3 March 2005, starting at 2.15 p.m. to hear submissions
on the Prosecutors requests for the transfer of
the Stankovic and the Mejakic and others cases to
Bosnia and Herzegovina, pursuant to Rule 11 bis.
The Government of Bosnia and Herzegovina has been
invited to attend with regard to both cases, and
the Government of Serbia and Montenegro has been
invited to attend with regard to the Mejakic and
others case, in light of its proposal that the case
be transferred to Serbia and Montenegro.

The Appeal Judgement in The
Prosecutor v. Kvocka, Radic, Zigic and Prcac
be rendered by the Appeals Chamber on 28 February
2005 at 2.15 p.m. in Courtroom III.

The further initial appearance
for Savo Todovic will be held tomorrow at 1 p.m.
in Courtroom II.

There will be status conferences
in The Prosecutor v. Blagoje Simic tomorrow
at 10.30 a.m. in Courtroom I; in The Prosecutor
v. Dragomir Milosevic
on 22 February at 10 a.m.
in Courtroom II; and in The Prosecutor v. Mejakic
et al.
on 23 February at 3 p.m. in Courtroom

Office of the Prosecutor:

Florence Hartmann for the Office
of the Prosecutor announced that the Prosecutor
and the Deputy Prosecutor would travel to Poland
on 17 and 18 February 2005 to meet with senior officials
including the President of the Republic, Mr
Aleksander Kwasniewski, the Minister of Foreign
Affairs, Mr Adam Rotfeld, and other senior
officials. Also, while in Poland, the Prosecutor
would visit Auschwitz and Birkenau.


Asked when the first 11bis
motion was filed by the Prosecution, Landale stated
that the first was for the Ademi and Norac case
filed on 2 September 2004.

A journalist pointed out that there
was a news agency report from the former Yugoslavia
Republic of Macedonia on 7 February which stated
that ICTY investigators began a new round of questioning
as part of the Tribunal’s investigation into war
crimes committed in Macedonia during the ethnic
conflict in 2001. Asked what the purpose of these
investigations was, Hartmann answered by saying
that she found it interesting how the OTP investigators
were under such scrutiny and how much the fugitives
were not.

Hartmann further stated that the
prosecution was not conducting investigations in
order to bring new indictments since December 24
in accordance with UNSC resolutions. This did not
mean that the OTP had completed all investigation
activities. For instance, for the purposes of the
trial, work has to continue that could include reactivating
a witness or checking new elements that have arrived.
Hartmann added that it was a process that continued
and did not stop in December 2004.

A journalist then noted that the
article seemed as if it was referring to a new indictment,
as there were no indictments in Macedonia in the
public domain. Hartmann said that she had no comment
and that was usual behavior for any office of the
prosecutor and that was not particular for the ICTY.
Hartmann added that was part of the confidential
work of the OTP and that the OTP tried to be transparent,
but that this was a confidential stage of their

Asked how many cases were under
consideration to be transferred to the state courts
according to Rule 11bis, Landale answered
that he understood there to be nine requests involving
18 accused.

Asked if there would be any new
cases were under review by the OTP to be transferred
back to the state courts, Hartmann answered it would
depend on how many trials were scheduled before
the deadline and how the process would go in the
region. It would depend on the situation, Hartmann


The Prosecutor v. Slobodan

8 February 2005- Assigned Counsel
Reply To Prosecution Motion In Response To Trial
Chamber Oral Order Of 25 January 2005 Regarding
Potential Additional Evidence To Be Given By Dr

9 February 2005- Request For Variance
Of Protective Measures Pursuant To Rule 75 (G)(i)
With Respect To Confidential Testimony And Exhibits
In The Milosevic Case

The Prosecutor v. Blagojevic
and Jokic

14 February 2005- Order Assigning
Judges To A Case Before The Appeals Chamber

The Prosecutor v. Ademi and

9 February 2005- Submission Of
The Republic Of Croatia To The Court’s Order For
Further Information On Certain Jurisprudential Aspects
Of The Croatian Law In The Context Of The Prosecutor’s
Request Under Rule 11bis

9 February 2005- Of The Republic
Of Croatia To The Court’s Order For Further Information
On The Relevant Croatian Law In The Context Of The
Prosecutor’s Request Under Rule 11bis

11 February 2005- Further Submission
Of The Defence Of Mirko Norac Pursuant To Chamber’s
Order Of 20 January 2005

11 February 2005- Letter from Embassy
Of The Republic Of Croatia

11 February 2005- Brief Amici Curiae
On The question Whether The Case Prosecutor v. Rahim
Ademi and Mirko Norac May be Transferred From The
ICTY To The Courts Of The Republic Of Croatia

The Prosecutor v. Mrksic
et al

10 February 2005- Order Appointing
A Trial Chamber For The Purpose Of Determining Whether
And Indictment Should Be Referred To Another Court
Under Rule 11bis

The Prosecutor v. Stojan

14 February 2005- Mandat D’Arret
Portant Ordre De Tranfert-A l’attention de la Force
de l’Union europeenne (EUFOR)

14 February 2005- Mandat D’Arret
Portant Ordre De Tranfert-A l’attention de la presence
de l’Organisation du Traite de l’atlantique Nord
(OTAN) a Sarajevo

The Prosecutor v. Mejakic
et al

9 February 2005- Decision For Further
Information In the Context Of The Prosecutor’s Request
Under Rule 11bis

The Prosecutor v. Radovan

9 February 2005- Decision For Further
Information In The Context Of The Prosecutor’s Request
Under Rule 11bis

The Prosecutor v. Milutinovic
et al

10 February 2005- Order To Defence
To Make Arrangements For An Oral Hearing On Provisional

The Prosecutor v. Kvocka,Radic,Zigic,
and Prcac

9 February 2005- Order Terminating
The Provisional Release Of Miroslav Kvocka