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ICTY Weekly Press Briefing - 10th May 2006

ICTY Weekly Press Briefing

ICTY Weekly Press Briefing

  ICTY WEEKLY PRESS BRIEFING Latest
Developments

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


Date:
10.05.2006

Time: 12:00


Registry
and Chambers:


Christian Chartier, Senior Information
Officer, made the following statement:


Good Afternoon,


Let me first tell you that the Tribunal
was disappointed to learn of the apparent
release of Dragan Zelenovic from a Russian
prison through the media.


Upon learning of this development,
the Registry sought clarifications from
the Russian authorities.


Following a meeting, on Monday night,
with a representative of the Russian
Embassy, the Registry is now waiting
for a full report.


Last Friday and Saturday, Judge
Wolfgang Schomburg and Chief Prosecutor
Carla Del Ponte participated in an international
conference in Sarajevo titled "Establishing
the Truth in the Aftermath of Conflict:
Current Initiatives and Perspectives
in the west Balkans".


The event was jointly organised
by three non-governmental organisations
from the region: the Sarajevo-based Research
and Documentation Center, the Humanitarian
Law Center from Belgrade, and Documenta
from Zagreb.


TURNING TO COURT PROCEEDINGS


The courtrooms will again be busy
in the coming days, with 10 accused standing
trial.


Indeed, the proceedings against Jadranko
Prlic, Bruno Stojic, Slobodan Praljak,
Milivoj Petkovic, Valentin Coric and
Berislav Pusic, former high-ranking political
and military officials of the then Herceg-Bosna,
will continue this week on Thursday in
courtroom III at 9:00. There will no
hearing on Friday. Next Monday the trial
will sit in the afternoon at 14:15 on
Monday and revert back to the morning
session on Tuesday and Wednesday, starting
at 9:00.


The
Vukovar trial against former Yugoslav
Army high-ranking officers Mile Mrksic,
Miroslav Radic and Veselin Sljivancanin,
will sit tomorrow from 9:30 to 12:30.
On Friday it will sit only in the morning,
starting at 9:00, again in courtroom
I. The trial will sit next Monday
in the same courtroom from 12:00 to
17:00 and on Tuesday and Wednesday
all day starting at 9:30 and ending
at 16:30 with a one hour break for
lunch at 12:30.


Momcilo Krajisnik will continue on the
witness stand for the rest of this week
in the afternoons in courtroom II. Next
week the proceedings will continue in
the same courtroom but in the morning.]


As you
already know the trial of Milan Martic,
former President of the war-time Croatian
Serb entity, has been provisionally
adjourned due to the ill-health
of the accused.


WITH REGARD TO COURT FILINGS,


From the list made available to you,
including parties’s filing, I would
like to single out a Decision of 3 May,
by Trial Chamber II, denying the Motion
for Provisional release filed by Lahi
Brahimaj: The Trial Chamber finds that
the accused did not prove "that, if released,
he would not pose any danger to victims,
witnesses or other persons."


Office of the Prosecutor:


Anton Nikiforov, Advisor to the
Prosecutor and acting Spokesperson of
the Office of the Prosecutor, made no
statement.


Questions:


Asked why the Office of the Prosecutor
(OTP) filed a Rule 11bis motion
for the Trbic case while it has always
been the position of the OTP to have
joint trials for judicial economy. The
journalist added severing the Trbic trial
would mean that a separate trial will
have to take place in Sarajevo and having
the witnesses testify twice while this
is very stressful for them.


The same journalist continued his
question and asked why the OTP has decided
to join Mladic with the Srebrenica joint
trial. Since Mladic is also charged for
crimes in relation to Sarajevo to which
the other Srebrenica accused have nothing
to do with and when could we expect the
trial to start if Mladic was arrested
tomorrow? Would it then be realistic
to have the trial start in August or
September as the OTP has suggested?


Nikiforov replied that both questions
were related and were not simple; because
there were issues in the question which
are not in our hands like the arrest
of Ratko Mladic and his arrival. Obviously
it has always been the idea of the OTP
to have a joined trial for Srebrenica.
In regard to the Trbic case there are
reasons in the motion which are open
for interpretation but there are also
other reasons to transfer his case to
Bosnia and Herzegovina which at this
moment couldn’t be commented on.
Nikiforov promised to check what can
be said on this issue and come back to
the journalist. He added that the concern
about the burden on witnesses is well
understood however, the prosecution had
good reasons to refer this case to Sarajevo.


In regard to Mladic, Nikiforov continued
that again his arrest is not in our hands
it is correct that the OTP wants to join
Mladic with the Srebrenica joint trial
but he said that if the arrest will come
very late it will then be impossible
to join him and he will have to be tried
separately.


Chartier said that with regards
to the witness issue there might be some
overlap of witnesses called in The hague
and Sarajevo but that one should not
assume that all witnesses will necessarily
be the same. It might that the
OTP calls other witnesses for the Trbic
case pertaining to a number of counts
which will not be called for the other
accused in this case. He added that of
course he was not familiar with the witnesses
to be called in this case but wanted
to make sure that the question is not
based on mere assumptions.


Asked if Mladic will be tried for
judicial economy reasons with the Srebrenica
trial does this mean that he will not
be tried for Sarajevo and if that was
not the case would the OTP then consider
to hold two trials which will also not
add to the judicial economy? Nikiforov
said that the OTP is very pressed for
time and that there was not much time
left for the remaining cases. As you
know the Security Council has already
received an indication that an extension
of time may be necessary, and trials
may go into 2009. But, he continued at
this moment for the planning purposes
we will have to stick with the current
dates 2008 (for trials) and 2010 (for
Appeals) since officially nobody has
allowed us to go beyond these dates so
we will have to plan accordingly. The
idea is that if Mladic comes to The Hague
now he can right away be tried in the
Srebrenica Trial and the rest of indictment
will have to be put aside. Then the possibility
will be to try him for the rest of the
charges separately. Chartier added that
nothing in the rules prevents for an
indictment to be tried in two trials.


Asked about the current situation
around Zelenovic, what does the Tribunal
know, is he on bail, has he been released.
Chartier answered that as long as we
have not received a full report we do
not know anything only that he has apparently
been released from the prison were he
was held. As to his current conditions,
we just do not know, we have asked for
clarification and we waiting for them.


A journalist asked if the OTP is
still in contact with the government
of Belgrade after the 31 April, any comments
on the search operations which are conducted
in Serbia. Nikiforov replied that in
a way the OTP is always in contact with
Belgrade when they inform us about the
ongoing developments. He added that the
OTP did not comment on operative business.
For the OTP, efforts undertaken will
only be seen as credible only if they
lead to the arrest of Mladic. He answered
that there was no personal contact between
the office of Kostunica and the Prosecutor
but overall communications had been the
same on operative issues, there was no
deterioration.


In the past the Prosecutor has always
said that she had reliable information
that Mladic was in Serbia asked if the
OTP has any up-to-date information on
the current whereabouts of Mladic. Nikiforov
answered that currently he had no information,
not this hour and not for the last hour
of for today but he added that for the
last five years the OTP had reliable
information on his whereabouts and the
way he moved from Military facilities
and then different apartments. We have
no doubt that his is in Serbia.


Asked about the status of the two
inquiries into the death of two accused
Chartier replied that the inquiry work
is still ongoing and that he has no indication
as to when it will be completed but we
will let you know.


Document List


Case
Description

Signature
Date

Document
Title

Blaskic
(Review)

09-May-06

Undertaking
Re Access To Non-Public Material
In Accordance With Judge Pocar's
Decision Of 08 November 2005

Blaskic
(Review)

08-May-06

Prosecution
Response To Defence Motion On Behalf
Of Rasim Delic Seeking Access To
All Confidential Material In The
Blaskic Case

Boskoski
et al

05-May-06

Decision
[By The Deputy Registrar Re Withdrawal
Of Counsel]

Boskoski
et al

05-May-06

Decision
On Urgent Defence Motion Seeking
Extension Of Time To Reply To Prosecution's
Response To Accused Boskoski's
Second Motion For Provisional Release
With Annexes A Through H

Boskoski
et al

08-May-06

Decision
On Boskoski Motion For Access To
Confidential Material

Bralo
(Appeal)

05-May-06

Motion
Of Miroslav Bralo For Enlargement
Of Time For Reply Brief And Request
For Expedited Decision

Delic

05-May-06

Prosecution
Request For Additional Time To
File Its Consolidated Amended Indictment
Pursuant To Trial Chamber Decision
Of 28 April 2006

Delic

08-May-06

Prosecution
Response To Defence Motion On Behalf
Of Rasim Delic Seeking Access To
All Confidential Material In The
Blaskic Case

Delic

08-May-06

Consolidated
Amended Indictment

Gotovina

05-May-06

Decision
On Prosecution Motion For Extension
Of Time

Hadzihasanovic
et al. (Appeal)

08-May-06

Appellant's
Motion For Variation Of Time Limits
Pursuant To Rule 127

Haradinaj
et al

08-May-06

Decision
On Boskoski Motion For Access To
Confidential Material

Krajisnik

05-May-06

Prosecution's
Response To Defence Motion On Rule
68 Of The Rules Of Procedure And
Evidence (Public Redacted Version)

Krajisnik

09-May-06

Prosecution
Submissions In Respect Of Socuments
Sought By The Trial Chamber

Limaj
et al (Appeal)

09-May-06

Notice
Of Withdrawal Of Grounds Of Appeal

Limaj
et al (Appeal)

09-May-06

Table
Of Authorities (For Bala Appeal
Brief)

Limaj
et al (Appeal)

08-May-06

Table
And Book Of Authorities Of Haradin
Bala's Response Brief

Ljubicic
(Interlocutory)

09-May-06

Order
Of The Presiding Judge Appointing
A Pre-Appeal Judge

Ljubicic
(Interlocutory)

09-May-06

Appellant's
Brief In Support Of Notice Of Appeal
Against Decision To Refer The Case
To Bosnia And Herzegovina Pursuant
To Rule 11bis Of 12th April 2006

Ljubicic
(Interlocutory)

09-May-06

Prosecution's
Response In Opposition To Request
For The Extension Of Time To File
A Brief Of Appeal

Ljubicic
(Interlocutory)

05-May-06

Request
For Extension Of Time To File A
Brief Of Appeal

Ljubicic
(Interlocutory)

10-May-06

Decision
On Motion For Extension Of Time

Lukic
et al

08-May-06

Decison
On The Motion Of Defence Counsel
For Milan Lukic For An Extension
Of Time To File A Response To Request
By Prosecutor Under Rule 11 Bis

Martic

08-May-06

Prosecution's
Response To Defence Motion To Exclude
The Testimony Of Witness Milan
Babic, Together With Associated
Exhibits, From Evidence

Mejakic
et al.

08-May-06

Decision
On The Submission Of The Registrar
On The Transfer Of The Accused
To Bosnia And Herzegovina

Milutinovic
et al.

09-May-06

Decision
On Prosecution Motion For Extension
Of Word Limit Of Pre-Trial Brief

Milutinovic
et al.

09-May-06

Joint
Defence Motion: Submission By Mr
Nikola Sainovic And Mr Vladimir
Lazarevic To Join The Motion For
Leave To Appeal Second Decision
On Motions To Delay Proposed Date
For Start Of Trial

Milutinovic
et al.

09-May-06

Pavkovic's
Support Of Prosecution's Motion
For Extension Of Wrod Limit Of
Pre-Trial Brief

Milutinovic
et al.

08-May-06

Prosecution
Motion For Extension Of Word Limit
Of Pre-Trial Brief

Milutinovic
et al.

05-May-06

Defence
Application For Leave To Reply
And Defence Reply To The "Prosecution's
Response To "Defence Motion: Requesting
Variation Of Conditions Of Provisional
Release"

Milutinovic
et al.

05-May-06

Defence
Request:Seeking Leave To File A
Reply To The "Prosecution Application
For Leave To Reply And Joint Reply
To Defence Submissions On The Second
Amended Joinder Indictment"

Milutinovic
et al.

05-May-06

Motion
For Leave To Appeal Second Decision
On Motions To Delay Proposed Date
For Start Of Trial

Milutinovic
et al.

08-May-06

Submission
By Mr Milan Milutinovic To Join
The Motion For Leave To Appeal
Second Decision On Motions To Delay
Proposed Date For Start Of Tiral

Mrksic

05-May-06

Prosecution's
Reply To The Joint Defense Response
To The Prosecution Motion Seeking
Clarification With Regard To Count
1 Of The In The Indictment And
The Particulars Relied Upon On

Perisic

05-May-06

Prosecution's
Response To Defence Request For
Alteration Of Conditions Of Provisional
Relese

Popovic
et al

05-May-06

Prosecution's
Motion For Judicial Notice Of Adjudicated
Facts

Popovic
et al

08-May-06

Deputy
Registrar's Submission Pursuant
To Rule 33 (B) On Granting Access
To Confidential Material

Radic
(Review)

09-May-06

Decision
On Prosecution Motion For Leave
To File Sur-Reply To Defence Reply
In Request For Review By Mlado
Radic

Radic
(Review)

05-May-06

Order
Of The Presiding Judge Appointing
A Pre-Review Judge

Rajic

08-May-06

Sentencing
Judgement

Simic
et al. (Appeal)

05-May-06

Order
Re-Scheduling Appeal Hearing

Stanisic

08-May-06

Prosecution
Notice Of Compliance With Rule
66(A)(Ii)

Stanisic

08-May-06

Order
On Urgent Motion To Withdraw As
Pro Bono Counsel

Stanisic

05-May-06

Decision
By The Registrar Regarding Temporary
Assignment Of Mr. Bezbradica As
Counsel To Mr. Mico Stanisic

Stanisic & Simatovic

08-May-06

Deputy
Registrar's Submission Pursuant
To Rule 33 (B) On Granting Access
To Confidential Material