Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Monday, 24 November 2008

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellant entered court]

 5                           --- Upon commencing at 8.17 a.m.

 6             JUDGE POCAR:  Good morning, everybody.

 7             Mr. Registrar, will you please call the case.

 8             THE REGISTRAR:  Good morning, Your Honour.  Good morning to

 9     everyone in the courtroom.  This is case number IT-98-29/1-A, the

10     Prosecutor versus Dragomir Milosevic.

11             JUDGE POCAR:  Thank you.

12             May I have now the appearances of the parties.  For the

13     Prosecutor, please?

14             MR. BOUDREAULT:  Good morning, Your Honour.  Francois Boudreault

15     appearing together with Barbara Goy and our case manager Alma

16     Imamovic-Ivanov.

17             JUDGE POCAR:  Thank you.

18             Now for the Defence?

19             MR. TAPUSKOVIC: [Interpretation] Good morning, Your Honour.  I am

20     Branislav Tapuskovic appearing for Dragomir Milosevic.

21             JUDGE POCAR:  Thank you.

22             May I now address Mr. Milosevic.  Can you hear the proceedings in

23     a language you understand?

24             THE APPELLANT: [Interpretation] Thank you for asking.  I am

25     hearing you.  Everything is fine.

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 1             JUDGE POCAR:  Now, this Status Conference is called in accordance

 2     with Rule 65 bis of the Rules of Procedure and Evidence.  The previous

 3     Status Conference in the present case was held on 22nd August 2008.  Due

 4     to the fact that the next Status Conference would have fallen during the

 5     judicial recess and considering the scheduling of trials, the Status

 6     Conference was scheduled for today by order of 11 November.

 7             Now, first, I would like to inquire into the status of the

 8     conditions and health situation of Mr. Milosevic.

 9             By now, Mr. Milosevic, you know that according to Rules 80 to 84

10     of the Detention Rules, where a detainee is not satisfied with the

11     conditions of detention, he or she is entitled to "make a complaint to

12     the Commanding Officer or his representative at any time," and, in case

13     of an unsatisfactory response, to "make a written complaint ... to the

14     Registrar, who shall inform the President."

15             In this respect, we should recall that during the last Status

16     Conference you had raised some concerns about the conditions of your

17     detention and health.  If you wish, if you have anything to say in this

18     respect, the discussion could take place in private session, if you so

19     wish, if you have anything to say in this respect now.  But perhaps we

20     should go into private session because I have something to say myself.

21                           [Private session]

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

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11  Pages 20-21 redacted. Private session.















Page 22

 1   (redacted)

 2                           [Open session]

 3             THE REGISTRAR:  Your Honour, we're back in open session.

 4             JUDGE POCAR:  I thank you.

 5             Now, before -- you may be seated, Mr. Milosevic.

 6             Now before turn to other issues, I would like to recapitulate

 7     briefly the recent procedural history.  The briefing for the Prosecution

 8     appeals, which is limited to question of sentencing, is now complete.

 9             The Defence notice of appeal was filed on 11 January 2008.

10     Pursuant to my decision of 20 February 2008, the Defence was permitted to

11     file its appeal brief within 15 days of his receipt from the Registrar of

12     the official B/C/S translation of the trial judgement.  The appeal brief

13     was filed in time on 14 August 2008.  On 23rd September, the Prosecution

14     filed the response brief, followed on 9 October by the reply of

15     Mr. Milosevic.  So now the briefing is complete.

16             A motion was filed on 10 November by counsel for Milosevic to

17     seek additional evidence admitted under Rule 115.  The Appeals Chamber

18     will deal with this motion in due course, when the briefing on the motion

19     will be complete.

20             In light of this, it's premature to set any date for the hearing

21     in this case, but I hope the appeals hearing may take place during the

22     first half of next year.  This, of course, is a matter that the Appeals

23     Chamber will have to decide upon in due course.

24             Now, that's it about the procedural history.  At this point, I

25     would like to ask the parties whether they have any other issues that

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 1     they would like to raise at this point.

 2             First, is there any issue that the Prosecution would like to

 3     raise now?

 4             MR. BOUDREAULT:  No, Your Honour.  Thank you.

 5             JUDGE POCAR:  Thank you.

 6             Now let me turn to the counsel for Mr. Milosevic.  Do you have

 7     any issue you would like to raise now, Mr. Tapuskovic?

 8             MR. TAPUSKOVIC: [Interpretation] Thank you, Your Honour.  I'm not

 9     feeling too well today, but since there is not much to be discussed

10     today, the Defence does not have any issue to raise.  I have received the

11     information that the appeals hearing might take place in the first half

12     of next year.  Thank you for that.  I have no particular issues to raise

13     at this time.

14             JUDGE POCAR:  I thank you, Mr. Tapuskovic.

15             That being the case, if there is no other issue to be raised, I

16     believe this concludes our business today.  I thank the parties for their

17     attendance and call these proceedings to a close.  The hearing is

18     concluded.

19                           --- Whereupon the Status Conference adjourned

20                           at 8.32 a.m.