Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Monday, 22 November 2004

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 2.32 p.m.

6 JUDGE MUMBA: Good afternoon. Can the registrar please call the

7 case.

8 THE REGISTRAR: Good afternoon, Your Honour. This is case number

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

10 JUDGE MUMBA: Thank you. May I have appearances for the

11 Prosecution, please.

12 MR. FARRELL: Good afternoon, Your Honour. Norman Farrell

13 appearing for the Prosecution, with Ms. Helen Brady and Ms. Susan Grogan.

14 Thank you.

15 JUDGE MUMBA: Thank you. The Defence, please, appearances?

16 MS. PILIPOVIC: [Interpretation] Good afternoon, Your Honour. Mara

17 Pilipovic and my case manager appear today on behalf of the defence of

18 Mr. Galic.

19 JUDGE MUMBA: Thank you. May I find out from Mr. Galic whether he

20 can follow the proceedings in a language he understands? Mr. Galic,

21 please?

22 THE APPELLANT: [Interpretation] Good afternoon, Your Honour. Yes,

23 I can follow the proceedings in a language that I understand.

24 JUDGE MUMBA: Thank you. You may be seated.

25 This is the third Status Conference we are having today in this

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1 case, in this appeal, and as for the purposes of the Status Conference,

2 we've had them spelled out before. The main one is to find out from the

3 appellant his status, and his health, and see whether or not there is

4 anything that should be done.

5 I would, therefore, straight away ask Mr. Galic whether he has any

6 matters that he wants to bring to the attention of the Appeals Chamber

7 regarding his detention and regarding his health.

8 THE APPELLANT: [Interpretation] I would just say a few words,

9 because so many things are already known. The only thing that I can say

10 is I have been examined. I received a pain block in my spinal cord. I am

11 undergoing regular therapy treatment, but my general opinion is that the

12 scan had shown, in comparison to the previous year, that my health has

13 tremendously deteriorated.

14 Asked what would happen next year with my health, whether I should

15 undergo a surgery or not on the spine, the doctors told me that they would

16 discuss this in a team and take a decision, and the team will be made up

17 of Dr. Fargan, a neurologist and physiologist. And after that, we shall

18 all agree how to proceed.

19 That's the most recent development concerning my health.

20 As for the other conditions, I have no particular objections.

21 Thank you very much.

22 JUDGE MUMBA: Thank you, Mr. Galic. You may be seated.

23 The Appeals Chamber is pleased to be aware that, actually, you are

24 constantly -- your health is constantly being monitored. And whatever

25 decisions have to be taken in the future, I believe they will be in the

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1 best interests of your health.

2 Now we come to our appeal procedures. The Appeals Chamber has

3 noted all the filings in this appeal. They have all been timely, the

4 decisions by the Appeals Chamber, right from the time the appeal was

5 lodged by both parties. And I've been informed that the disclosure

6 procedures are going on, as per requirements of the Rules.

7 I note that there are pending motions which the Appeals Chamber is

8 dealing with. The motion under Rule 115 and also the other motion raised

9 by the Prosecution regarding the pleadings by the Defence, that is also

10 under consideration, because all the pleadings appear to have been

11 completed and complied with under the Rules of Procedure and Evidence so

12 far.

13 I would like to find out from the Prosecution whether there are --

14 or the Defence first, since it's the appellant, the Defence, whether they

15 have any matters which they wish to bring to the attention of the Appeals

16 Chamber.

17 MS. PILIPOVIC: [Interpretation] Your Honour, at this point in

18 time, we have no particular questions that we would like to raise before

19 the Appeals Chamber. The only thing is to inform you, as an Appeals

20 Judge, that on the 18th of November, I have been informed by my learned

21 colleagues that a disclosure procedure was in progress, and that by the

22 end of this month, I shall have the opportunity to receive certain

23 documents electronically. Yesterday, I checked and I still haven't

24 received any indication that these documents are going to be made

25 accessible to me. The Defence is also working on this subject, and if we

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1 get hold of any new documents, we shall most certainly inform our

2 colleagues from the Prosecution and the Court.

3 Thank you.

4 JUDGE MUMBA: Thank you.

5 The Prosecution, any other matters including what the Defence has

6 raised regarding disclosure of documents?

7 MR. FARRELL: Yes, Your Honour. Just to inform the Court and my

8 learned colleague, I expect that it will be between 10 and 14 days by the

9 time that we can get the documents on the electronic disclosure system,

10 the EDS, and I'll confirm that in writing to the Defence as soon as

11 they're placed on the EDS system.

12 Other than that, there are no matters, Your Honour. Thank you.

13 JUDGE MUMBA: I'm sure the Defence have understood that. It will

14 take a few days, but it's on course and there should be no problems.

15 It appears to me that all the matters have been discussed and

16 there is nothing pending, other than the pending motions I referred to. I

17 would like to inform the parties that the Appeals Chamber is diligently

18 dealing with the motions and also looking at the possible dates for the

19 hearing. But as we all know that the schedules for the Appeals Chamber

20 are quite heavy, with appeals on judgements from both tribunals, ICTY as

21 well as the Arusha tribunal, and also interlocutory appeals all the time

22 from both tribunals, so the schedules are quite heavy. But the Appeals

23 Chamber is on time, and the parties will be informed when the decisions

24 will be reached on the pending motions and also the scheduling order, if

25 any will be issued in due course for the hearing of the appeal.

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1 Other than that, the parties know that if there are any matters

2 that come to the notice of the parties requiring the attention of the

3 Appeals Chamber, the relevant motions will be filed.

4 There being no other matters, we come to the end of this Status

5 Conference proceedings, and the proceedings stand adjourned. The Court

6 will rise.

7 --- Whereupon the Status Conference adjourned

8 at 2.42 p.m.