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Please note
that this is not a verbatim transcript of the Press Briefing. It is merely
a summary.
ICTY Weekly
Press Briefing
Date: 18 October 2000
Time: 11:30 a.m.
REGISTRY
AND CHAMBERS
Jim Landale, Spokesman for Registry and Chambers made the following statement:
Firstly,
I’m very pleased to be able to introduce to you the new Spokesperson for the
Prosecutor, Florence Hartmann, who has taken over from Paul Risley.
Most
of you will have seen the press reports in the last 24 hours stating that Dusko
Tadic will be serving his sentence in Germany and I can confirm that this is
the case.
The
Federal Republic of Germany has not signed an agreement with the United Nations
on the Enforcement of ICTY sentences. However, due to the fact that Tadic was
first arrested and detained in Germany before his transfer into the custody
of the ICTY, the Registrar considered concluding an ad hoc agreement
with Germany.
Following
an Order from the President of the Tribunal, Judge Claude Jorda, dated 8 May
2000, the Registrar officially requested the German authorities to enforce Tadic’s
sentence by letter on 1 June 2000, which allowed the beginning of the exequatur
proceedings under German Federal Laws.
In
the meantime, an ad hoc agreement in the form of an Exchange of Letters
was negotiated with the German Federal authorities. The signature and implementation
of the ad hoc agreement was subject to the favourable conclusion of the
exequatur proceedings to translate into German Federal Law the sentencing Judgement
of the ICTY Appeals Chamber. The exequatur Decision, rendered by the Munich
I Regional Court on 6 September 2000, became enforceable on 11 October 2000.
The ad hoc agreement, as signed yesterday 17 October 2000 by the Registrar
and the German Ambassador to The Netherlands, constitutes, together with the
exequatur Decision of the Munich I Regional Court, the legal basis for the transfer
of Tadic to Germany.
We
will of course notify you once the transfer has taken place.
Next,
Judges Hunt, Liu and Mumba of Trial Chamber II and Judge Vohrah of the Appeals
Chamber concluded a very successful four-day working visit to Sarajevo last
week. The aim of the visit, which was organized by the Tribunal’s Outreach Programme,
was to enable the Judges to meet with fellow legal professionals and to discuss
areas of mutual interest.
Moving
on, we have received a number of pre-trial documents in the Sikirica and others
case and in the Krnojelac case, which I think will be of interest to you. In
addition to the Prosecutor’s pre-trial briefs, in the Sikirica and others case
we have, pursuant to Rule 65 ter of the Rules of Procedure and Evidence:
-copies
of the Prosecution’s Statement of Admissions of the Parties and Matters Not
In Dispute
-the
Prosecution’s Statement of Contested Matters of Fact and Law, and
-the
Prosecution’s List of Exhibits
The
start of the trial in the Sikirica and others case is due for 22 January 2001.
In
the Krnojelac case, in addition to the Prosecutor’s pre-trial brief, we have:
-Admissions
by the Parties and Matters not in Dispute
-Contested
Matters of Fact and Law,
-and,
I’ve just received a second scheduling order for the Krnojelac trial, which
is as follows:
-The
trial will begin on 30 October and run until 2 November 2000 and then from
6 until 9 November 2000.
-In
addition, there will be no hearings in the week from 13 until 16 November
2000.
-All
other dispositions made in the Scheduling Order for Preparation of Trial of
28 September 2000 remain unchanged.
I
have also just received a revised scheduling order for the closing briefs and
arguments in the Foca trial, which is as follows:
-the
Prosecutor shall file her closing brief on or before 1 November 2000 at 1600hrs,
-The
Defence shall file its closing brief on or before 8 November 2000 at 1600
hrs,
-Closing
arguments will be heard on 13, 14 and 16 November 2000. The Prosecutor shall
present her closing arguments on 13 November. The Defence shall present its
arguments on 14 and 16 November 2000, or as soon as the Prosecutor has rested.
As
I said, copies of these documents will be available to you after this briefing.
In
addition, there will be a status conference in the Galic case this afternoon
at 1545 hrs to discuss the proposed visit to Sarajevo and its surroundings by
Trial Chamber I.
Next,
just to let you know that the Kordic and Cerkez trial has been moved today from
Courtroom II to Courtroom III.
And,
the Foca trial will resume next Monday at 0930 hrs.
Finally,
you should all have received the press release from the ICTR on the Appeals
Chamber Judgement which is due to be handed down in the Kambanda case tomorrow
at 1530 hrs in Courtroom I. There will be a press briefing given by the Spokesman
for the ICTR, Kingsley Moghalu, tomorrow at 1400 hrs, here in this press room
and a press conference after delivery of the Judgement.
Florence Hartmann,
Spokesperson for the Office of the Prosecutor (OTP) made no announcement.
QUESTIONS:
Asked
when Dusko Tadic would be transferred to Germany, Landale replied that it
would be quite soon. He added that he could not and would not give an exact
date or time due to security considerations.
Asked
whether the transfer would take place before the outstanding appeal hearing
in the Vujin contempt case was completed, Landale replied that the contempt
case was a separate procedure and was still outstanding. When any pronouncement
on this issue was received, the media would be informed, he concluded.
Asked
whether Tadic, as an interested party in the contempt issue, (having the
right to be present) would come back for these proceedings if he was already
in Germany, Landale replied that he would check on this question. He added,
however, that in the meantime Tadic’s transfer to Germany would go ahead.
It would be a case of waiting to see what the next step in the outstanding
Vujin contempt matter was. He had not heard anything on that matter for
quite some time, but he would keep the media informed, he concluded.
Asked
if he could confirm that Tadic would be transferred to a Bavarian prison,
Landale replied that he could not.
Asked
for the Tribunal’s reaction to reports that legal proceedings for election
fraud amongst other things might be brought against Milosevic in Yugoslavia,
Landale replied that the position of the Tribunal was that there was nothing
stopping legal proceedings or charges being made against Milosevic or anyone
else in Serbia, which were separate to the charges contained in the indictments
against them at this Tribunal.
They
would in no way affect the legality or standing of the charges contained in
the indictment against him. As said on countless occasions these indictments
stood for life and the Tribunal expected that Milosevic and all people indicted
by the Tribunal would come to The Hague to face the charges against them,
he concluded.
Asked
whether there could be local trials in Serbia dealing with similar issues
to the ones contained in the indictment here, Landale replied that Tribunal
had concurrent jurisdiction with domestic courts and the Prosecutor had
the right to exert primacy over those courts.
He
could not speak for the Prosecution, however, it was common knowledge from
what the Prosecutor had said to the media that she fully intended to pursue
Milosevic, with the aim of him and the other co-accused standing trial here
in The Hague, he concluded.
Asked about
the Prosecutor’s visit to Greece and Cyprus, Hartmann replied that she had
no information on this matter.
Landale
added that Florence had just arrived and was undergoing the lengthy checking
in procedure. Journalists should be prepared to allow her a ‘honeymoon’ period
to settle in.
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