Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Wednesday, 31 March 2004

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 10.00 a.m.

6 JUDGE MUMBA: Can the registrar please call the case.

7 THE REGISTRAR: Good morning, Your Honour. This is case number

8 IT-98-29-A, the Prosecutor versus Stanislav Galic.

9 JUDGE MUMBA: Thank you. May I have appearances from the

10 Prosecution, please.

11 MR. MARCUSSEN: Good morning, Your Honour. My name is Mathias

12 Marcussen, and today with me I have Ms. Helen Brady and Susan Grogan, our

13 case manager. Thank you.

14 JUDGE MUMBA: Thank you. The Defence, please.

15 MS. PILIPOVIC: [Interpretation] Good morning, Your Honour. Mara

16 Pilipovic from Belgrade, assisted by Stephane Piletta-Zanin from Geneva,

17 represent General Galic.

18 JUDGE MUMBA: Thank you. I would like to ask Mr. Galic:

19 Mr. Galic, can you hear the proceedings in a language you understand,

20 please?

21 THE APPELLANT: [Interpretation] Yes, Your Honour, I can.

22 JUDGE MUMBA: Thank you. These proceedings, a Status Conference

23 which is required by Rule 65 bis (B) of the Rules, this is required to be

24 held within 120 days of the filing of a Notice of Appeal by either party

25 to the proceedings. Such conferences are held within 120 days of each

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1 other until finalisation of the proceedings before the Tribunal. This is

2 necessary for all persons, appellants or respondents, who may be in

3 custody. Today the purpose of this Status Conference is to allow the

4 person in custody pending proceedings the opportunity to raise issues

5 related to the proceedings, issues related to the mental or physical

6 well-being of the person in custody pending finalisation of the

7 proceedings, and this is the first Status Conference pending the appeal in

8 these proceedings.

9 I will go ahead, then, and ask the parties whether there are any

10 matters they wish to raise. I will begin with the Prosecution.

11 Other than those matters which are already in progress, are there

12 any matters they wish to bring to the attention of the Appeals Chamber?

13 MR. MARCUSSEN: Thank you, Your Honour. I just wanted to inform

14 Your Honour and the Appeals Chamber that the Defence and the Prosecution

15 met yesterday in preparation of today's conference and discussed different

16 issues but including the issue of disclosure in this case. The Defence

17 have triggered reciprocal disclosure under Rule 66(B), as they did at

18 trial, so we discussed the modality of the disclosure in this case. The

19 Defence indicated that they would like to receive electronic disclosure in

20 a format that they're used to from trial, and the Prosecution will

21 endeavour to do disclosure in that format in the form of CDs that we will

22 provide to the Defence, as much as possible.

23 As the disclosure that we're going to do under Rule 66(B) by

24 definition will cover all evidence that is also exculpatory, if there is

25 any, and as the Defence has of course triggered Rule 66(B) in order to

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1 review all the documents, the Defence have agreed that when we comply with

2 our obligation under Rule 66(B) we have also complied with our Rule 68

3 obligations. So these matters have been discussed and the issue in

4 relation to the disclosure is of course that as the appellant has not yet

5 received the judgement in a language that he understands --


7 MR. MARCUSSEN: -- he has not yet been able to frame his Notice of

8 Appeal and until the Notice of Appeal is framed, the grounds of appeal are

9 not known to either parties and that could, of course, affect what

10 documents are relevant to the case. So these issues were discussed and

11 may affect the timing of the disclosure in this case, but there is nothing

12 specific other than that --

13 JUDGE MUMBA: All right.

14 MR. MARCUSSEN: -- at the moment.

15 JUDGE MUMBA: Thank you very much.

16 MR. MARCUSSEN: Thank you.

17 JUDGE MUMBA: The Defence. In agreement with the Prosecution?

18 MS. PILIPOVIC: [Interpretation] Yes, Your Honour. We discussed

19 this problem yesterday. The Defence would also like to raise a technical

20 issue. Given -- bearing in mind the judgement and the instructions about

21 the length of submissions, but there is nothing that has to do with the

22 length of information about appeals. We would like to have information

23 from the Trial Chamber about information on appeals, and bearing in mind

24 item 5 of the instructions, which specifies that it should take up ten

25 pages, the Defence would like to say that ten pages is not sufficient for

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1 the Defence, and it would be our request to be given leave to have at

2 least 50 pages to inform you of our appeal.

3 The second issue that the Defence would also like to raise is that

4 General Galic has the right to be informed about the contents of the

5 judgement and of the appeal, and he should informed of this in a language

6 that he understands, so we would like the Prosecution to provide Mr. Galic

7 with a version of the appeal in a language he understands as a version in

8 B/C/S will be provided. But the Defence, in consultation with General

9 Galic, would like to point out that we would like the Trial Chamber to

10 provide General Galic with a judgement in B/C/S and with the translation

11 of the footnotes, which is usually the case, but we would also like the

12 contents of the footnotes that the Trial Chamber refers to in the

13 judgement to be provided to the general.

14 So these are the two issues that the Defence would like to raise,

15 and we would like to hear the Trial Chamber's opinion of this.

16 The Defence also believes that all the deadlines specified

17 according to Rule 115, we believe that all the deadlines run from the time

18 that the Defence receives a French translation of General Galic's

19 judgement.

20 JUDGE MUMBA: Yes. I would like to turn to Mr. Galic himself.

21 Are there any matters you wish to raise with regard to your health and the

22 detention facilities or any other matter in relation to these proceedings

23 which you would like the Appeals Chamber to note?

24 THE INTERPRETER: Microphone for the accused, please.

25 JUDGE MUMBA: Microphone, please.

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1 THE APPELLANT: [Interpretation] It's fine now. Your Honour,

2 there's nothing particular I would like to say. I've been in this

3 courtroom on many occasions, or in other courtrooms, and I have answered

4 the sort of question that you're asking me now, but the most recent

5 development is that I am now thinking about having an operation of the

6 spine. The doctor has agreed that it would first be necessary to scan my

7 spine and compare it with an X-ray that was taken about two years ago, and

8 only then, in consultation with the doctors, with the doctors, I would

9 request that doctors from Belgrade be consulted to see whether I should

10 have an operation or not, because as you are aware, this operation is

11 fairly complicated. I don't know how complicated it is, but I know that

12 it is a complicated operation.

13 That's what -- that's as far as my illnesses are concerned. These

14 problems were caused when I was arrested, because on that occasion I was

15 seriously injured. Two of my teeth were damaged. One was extracted. My

16 arm was operated on. I couldn't move my right leg for six months. With a

17 lot of effort and the help of the doctors in the Detention Unit, this

18 problem was to a certain extent solved in the Bronovo Hospital.

19 And prior to that, problems which were related to diabetes, and

20 with the help of doctors from the Detention Unit, this problem was made

21 manageable.

22 Recently I have suffered from high blood pressure. I think that

23 this problem will be solved and I will be given some pills to help me

24 solve this problem.

25 So there are a number of problems, but the Tribunal and the

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1 Detention Unit have shown a lot of understanding for my problems, and in

2 the course of the trial I was allowed to sit in a special chair, and in

3 the Detention Unit they provided me with a special chair too.

4 So I'm managing, but this probably has an effect on my

5 psychological condition and on other factors because this has been going

6 on for four years. I have been in the Detention Unit for four years,

7 three months, and about ten days now.

8 So that's all I would have to say, Your Honour.

9 JUDGE MUMBA: Thank you, Mr. Galic. You may sit down.

10 I have listened to your concerns, particularly regarding your

11 health, and I note that you have received the necessary medical attention

12 so far within the Detention Unit and the medical facilities available.

13 If, as you say, there may be need for any further medical treatment, in

14 particular surgery, your counsel will be able to advise you as to the

15 proceedings which you should comply with, particularly they may apply by

16 motion for any special type of treatment that you may require, and the

17 Appeals Chamber will respond accordingly. Your counsel are familiar with

18 the proceedings and the procedures that they're supposed to comply with,

19 and I'm sure that they have also heard - this is including the Prosecution

20 - that your health is a matter of concern and that will make them comply

21 with the procedures, beat the deadlines, if possible, so that your appeal

22 can be proceeded with as quickly as possible and finalised, and I'm sure a

23 quick process will also be an added factor to the improvement of your

24 health.

25 So I advise the parties to make note accordingly so that there is

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1 no undue delay in these proceedings.

2 I have noted what the Defence counsel has stated about the

3 limitation on pages. I'm sure that the procedures are available for

4 applying by motion to extend the pages accordingly, and I'm sure there are

5 many precedents now to show what is good cause which may be accepted by

6 the Appeals Chamber to grant such extensions of pages or indeed of time.

7 I wish now to turn to the other matter. There is a difference,

8 Madam Defence Counsel, between the time granted for filing a Notice of

9 Appeal and the time granted for filing a brief on appeal. Usually time

10 granted for filing a Notice of Appeal is shorter in the event of an

11 application for an extension of time, for obvious reasons, that the Notice

12 of Appeal merely puts in the actual headings, and if, after receiving the

13 judgement in a language the accused understands, there is need to modify,

14 counsel can always apply by motion. Once good cause is shown, the Appeals

15 Chamber will or may grant the motion.

16 Upon consultations with the Translation Unit, whom we know are

17 heavily burdened by all the judgements and proceedings of this Tribunal

18 and are trying their level best to beat the deadlines given, the

19 translation of the judgement into French may be available by the 5th of

20 April. I have been informed by the Translation Unit that they're working

21 very hard to reach that deadline. So the days for filing the relevant

22 procedures will be counted accordingly once the French version of the

23 judgement is filed, most likely by the 5th of April.

24 The B/C/S version of the judgement is under translation, again by

25 the heavily laden Translation Unit, but they are working very hard to meet

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1 the deadline because they are aware that the appeal is pending. From

2 consultations, they feel that it should be available by 19th April so that

3 the parties can comply with the deadlines that are already there in the

4 Rules according to the Rules of Procedure, or, where need be, the parties

5 can apply by motion to extend the periods already indicated in the Rules

6 of Procedure.

7 But I must emphasise that applications by motion will require to

8 show good cause as to why the extension should be given, because in

9 practice the working language, especially of counsel, does help in

10 advising the appellant on what would be the best grounds of appeal if need

11 be, and once the B/C/S version is received, if there is need for any

12 extension of time, counsel should apply by motion indicating the reasons

13 for the application for extension of time.

14 The Appeals Chamber is concerned, as we have all understood from

15 the -- Mr. Galic himself about his health. The Appeals Chamber would like

16 to have this appeal proceeded with as quickly as possible, according to

17 the Rules of Procedure, so that if need be, any extensive medical

18 treatment that the appellant may require can also be proceeded with

19 without hindering the proceedings of appeal, and also this will help the

20 appellant himself to recover and concentrate on what is next after the

21 appeal is finalised.

22 If I may update the parties in this case, in this appeal. The

23 Prosecution filed their notice on the 18th of December, 2003. The

24 Prosecution filed their appeal brief on 2 March 2004. By decision of 22

25 December 2003, an extension of time for the appellant to file a Notice of

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1 Appeal after receiving the French version of the judgement was granted,

2 and the indicated date for the French version is the 5th of April, as I

3 have said, this year. So that there is no reason why the Defence may not

4 be able to comply with the scheduled dates for Notice of Appeal, appeal

5 brief, and also the response, if any, to the Prosecution appeal brief is

6 also scheduled and the number of days are running from the date that it

7 was filed. If there will be need for extending time after the French

8 version of the judgement is received, or indeed the B/C/S version is

9 received, applications by motion can be filed and the Appeals Chamber will

10 consider them accordingly.

11 The Appeals Chamber notes that it is important for the appellant

12 to receive the B/C/S version because he's the appellant, after all, and

13 he's the one who gives instructions to his counsel to handle the appeal in

14 the way the appellant thinks best. So the Appeals Chamber is very much

15 aware of that need for the B/C/S version of the judgement.

16 On matters of disclosure as explained by the parties and accepted

17 by the Appeals Chamber, the parties will go ahead and deal with those

18 matters that are necessary according to procedure. If there are any

19 contentious matters, of course either party can apply by motion, and the

20 Appeals Chamber will deal with the motions accordingly. As much as

21 possible we should try to meet the deadlines; better still, to beat the

22 deadlines to assist the appellant with his health concerns.

23 Any other matters to be raised by the Prosecution?

24 MR. MARCUSSEN: No, Your Honour.

25 JUDGE MUMBA: Thank you. The Defence?

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1 MR. PILETTA-ZANIN: [Interpretation] No, Your Honour. Thank you

2 very much.

3 JUDGE MUMBA: Thank you. As there are no other matters to be

4 raised by the parties and I have no other matters to raise with the

5 parties, the proceedings will be adjourned. The Court will rise.

6 --- Whereupon the Status Conference adjourned

7 at 10.22 a.m.