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ICTY Weekly Press Briefing - 8th May 2002

ICTY Press Briefing - 8 May 2002

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

ICTY Weekly
Press Briefing

Date: 08.05.2002

Time: 2:00 p.m.


Christian Chartier,
Head, Public Information Services, made the following statement:

Good afternoon
to all,

The date has been
set earlier today for the initial appearance of Momcilo Gruban, Friday 10 May
at 11.15 a.m. in Courtroom 1 before Judge Robinson.

Let me continue
with court proceeding matters:

- The six on-going
cases will continue as initially scheduled, only subject to time and/or courtroom
alterations. I would thus like to invite you to consult the public information
screen in the lobby in order to know the exact location and timing.

- Actually the
number of cases handled in court will reach the new mark of 8 this week: on
Friday, two Status Conferences will take place, both in Courtroom 1, in the
case The Prosecutor against Krajisnik and Plavsic, and in the case The Prosecutor
against Banovic and Fustar, respectively. The first Status Conference will
begin at 9.00 a.m., the other one at noon.

Turning to
court documents, I would like to single out an important Decision issued on
Thursday 2 May by the Appeals Chamber in the case The Prosecutor against Goran

- In this Decision,
the Appeals Chamber, presided over by Judge Shahabuddeen, disposes of the
Motion for review filed in December 2001 by Goran Jelisic with respect to
the sentence of 40 years imposed upon him in July 2001.

- This Motion
was based on the development, since the sentencing of the accused, in the
case law of the Tribunal as to the approach taken by Judges on the value of
a guilty plea and the showing of remorse as mitigating factors.

- The Judges
considered that this was not a new fact within the meaning of the provisions
in the Statute and in the Rules with regard to review proceedings. A new fact
refers to new information of an evidentiary nature, and the appellant's arguments
are not of an evidentiary nature and cannot constitute a new fact. Accordingly
the Motion for Review is dismissed.

- This Decision
means that the judgement of Jelisic and his conviction to 40 years are definite.
The next step will be the transfer of the accused to a prison where he will
serve the remainder of his sentence. Arrangements are being discussed to that

- The case The
Prosecutor against Goran Jelisic is now completed, which brings the number
of completed cases to 16, including 5 acquittals and 11 convictions.

Let me stay
with the Appeals Chamber and indicate to you some interesting filings:

- Firstly the
public redacted version of the Defence Appeal Brief in the case The Prosecutor
against Radislav Krstic;

- secondly,
an appeal by Dragan Jokic against the Trial Chamber Decision denying his request
for provisional release; and a motion by the same accused to present additional
evidence in support of his appeal;

- finally, in
the case The Prosecutor against Slobodan Milosevic the translation into English
of the Decision by a bench of the Appeals Chamber of 25 April, rejecting the
Prosecutor's application for leave to appeal against the Trial Chamber order
that the prosecution case should be concluded by 10 April 2003.

In terms of
first instance filings, the following:

- In the case
The Prosecutor against Radoslav Brdjanin and Momir Talic, a Decision by Judge
Schomburg, presiding Judge of Trial Chamber II, to dismiss a joint Defence
motion to disqualify the Judge presiding over the trial;

- in the case
The Prosecutor against Slobodan Milosevic, the first Decision by Trial Chamber
III on the prosecution motion for protective measures for sensitive sources

- and finally,
the Pre-trial brief of the Prosecution in the case The Prosecutor against
Momcilo Krajisnik and Biljana Plavsic.

As usual, we have
prepared copies of these documents for you.

Joris, Special Adviser to the Prosecutor, made no statement:


Asked whether
the issuing of the decision on Thursday 2 May by the Appeals Chamber in the
case The Prosecutor against Goran Jelisic would impact on the confidentiality
of the initial motion, Chartier replied that he thought the document would
remain confidential, he was happy to check this fact, he added.