Tribunal Criminal Tribunal for the Former Yugoslavia

Page 25

1 Friday, 11 March 2005

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 2.30 p.m.

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

7 case.

8 THE REGISTRAR: Good afternoon, Your Honour. It's Case Number

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

10 JUDGE MUMBA: Thank you.

11 May I have the appearances, please, for the Prosecution first.

12 MR. FARRELL: Good afternoon, Your Honour. Appearing for the

13 Prosecution is Norman Farrell, and with me is Ms. Laurel Baig and Ms.

14 Susan Grogan. Thank you.

15 JUDGE MUMBA: Thank you.

16 The Defence, please.

17 MS. PILIPOVIC: [Interpretation] Good afternoon, Your Honour, for

18 Mr. Galic, Ms. Mara Pilipovic, and Mr. Piletta-Zanin.

19 JUDGE MUMBA: I want to find out from Mr. Galic whether the

20 accused can follow the proceedings in a language he understands, please.

21 Mr. Galic.

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

23 Yes, I can follow in a language I am able to understand.

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

25 This is a Status Conference according to Rule 65 bis and it must

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1 be held within 120 days of either the notice of appeal or another status

2 conference, under our Rules, and the purpose is to allow appellant to

3 express concerns relating to the appeal, detention conditions, health,

4 and any other matter and also to update the appellant with respect to the

5 status of the case, the appeal in this case.

6 Before we go into any matters dealing with the status of the case

7 -- of the appeal, I want to find out from the appellant, Mr. Galic,

8 whether there are any concerns regarding his conditions of detention or

9 his health or any other matter he would like to bring to the attention of

10 the Appeals Chamber besides the proceedings themselves.

11 Mr. Galic.

12 THE APPELLANT: [Interpretation] Thank you, Your Honour. First of

13 all I would like to say I have nothing special to bring up with respect

14 to my health and the conditions in the Detention Unit. During these past

15 six years, nothing much has changed in that respect.

16 But perhaps I can say that I'm in slightly difficult position

17 psychologically speaking because my sister died some ten days ago. She

18 was older than me and as we were left without parents 31 years ago, she

19 took care of us. It was very difficult for me because I wasn't able to

20 go to the funeral and I would like to attend the memorial service 40 days

21 after the funeral, if that is at all possible. That is all I have to

22 say.

23 JUDGE MUMBA: General Galic, you may sit down. You may be

24 seated.

25 Yes, the matter of the loss of a member of your family, your

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1 sister, was brought to the attention of the Appeals Chamber through the

2 application for provisional release, and I would like to ask you to

3 convey our condolences to you, first and foremost, and through you to

4 your family. We do hope that all matters of arranging after -- for the

5 funeral will go well and we hope that this event will bring your family

6 members and yourself together.

7 We now go back to the proceedings so far. On record we have

8 three motions concerning additional evidence which are under

9 consideration by the Appeals Chamber. And the procedural matters are

10 going on according to schedules as well as for those which are taking

11 place after extensions of time.

12 There is one matter I would like to raise with the Defence

13 regarding the third motion of appeal which has been brought to the

14 attention of the Appeals Chamber. The -- no, the third motion under Rule

15 115, the one filed on 20 January 2005. In that motion there was a

16 request by the Defence to ask the Appeals Chamber for an order against

17 the state regarding a particular document, which now it has come to the

18 attention of the Appeals Chamber has been in the possession of the

19 Prosecution and the Prosecution are supposed to have given it to the

20 Defence. So I want to find out whether this is in fact the case.

21 Maybe I'll ask the Prosecution first.

22 MR. FARRELL: Thank you, Your Honour. If I may respond to that.

23 Yes, in the Defence additional evidence motion dated the 20th of January,

24 2005, in paragraph 11 it indicates that the Defence requests the Appeals

25 Chamber to order the Republic of Croatia to submit a file signed by an

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1 individual by the name of Franjo Turek, T-u-r-e-k, which relates to the

2 Markale market in Sarajevo. It is correct, Your Honour, that in the last

3 week a particular file compiled by Mr. Turek, a member of the Croatian

4 authorities as I understand it, was received by the Prosecution and was

5 disclosed. Actually just today I had the opportunity to meet just before

6 the Status Conference to provide it to counsel for Mr. Galic.

7 JUDGE MUMBA: Thank you.

8 The Defence.

9 MS. PILIPOVIC: [Interpretation] Yes, thank you. I can confirm

10 that five minutes ago I received the documents which contains 11 pages.

11 It's an 11-page document, and I think that's it. But I have to study it

12 first to see. I can't really state my views before I've read it.

13 JUDGE MUMBA: No, actually, I'm not asking for any views because

14 this is not a session to deal with any of the motions, it's just to

15 confirm that it has been given to you. And of course, once you've

16 studied it you need to make any applications to the Chamber just to make

17 sure the record is correct.

18 The other matter I wanted to raise with the parties, especially

19 the Defence, is regarding the motion which is now pending for the

20 application for provisional release. The Appeals Chamber would like the

21 Defence to file an addendum to specifically state the date for the

22 ceremony because there's no date indicated. There are days for which the

23 request is made, but there is no date indicated for the ceremony. That

24 would be important.

25 MS. PILIPOVIC: [Interpretation] Thank you, Your Honour, for that

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1 information. I can inform you from my part that the Defence learned

2 yesterday that it would be the 2nd of April, that would be the date, the

3 2nd of April. And if you need an official document the Defence will come

4 by the document and provide it so that the request that has been sent to

5 the Trial Chamber for the period from the 2nd to the 10th of April, the

6 Defence would like to move it to the 31st of March or the 1st of April

7 which would give General Galic time, if he receives your guarantees and

8 approval, to attend the memorial service on the 2nd of April, so a few

9 days before the 2nd of April.

10 JUDGE MUMBA: Very well. The Appeals Chamber expects some motion

11 or document to make sure that this is put on record before the

12 application can be considered.

13 The main appeal on judgement: The pleadings have now been

14 completed as far as the record shows, and there is nothing else pending

15 other than waiting for a date of hearing, which will be issued as soon as

16 the Appeals Chamber decides on which appeals are ready to be heard, among

17 others from this Tribunal as well as from the Tribunal for Rwanda.

18 I wanted to find out from the Prosecution whether there are any

19 other matters they would like to raise.

20 MR. FARRELL: In relation to any matters from the Prosecution's

21 side, no, Your Honour. The only one issue is I understand that the

22 authorities of the Republika Srpska are to file a guarantee; this was my

23 recollection from the additional evidence motion, that there was one

24 pending, and I just didn't know if they have been filed because I haven't

25 seen them. Other than that, no, thank you.

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1 JUDGE MUMBA: There is nothing yet on record.

2 MR. FARRELL: Thank you.

3 JUDGE MUMBA: So nothing has been filed yet.

4 Any other matters the Defence would like to raise?

5 MR. PILETTA-ZANIN: [Interpretation] Yes, Your Honour. If you

6 allow me I would like to tell you that according to the very latest

7 information we received, as early as next Tuesday we should be able to

8 obtain this guarantee in case provisional release is granted to General

9 Galic. Thank you.

10 JUDGE MUMBA: Thank you very much.

11 It's just that normally the practice so far has been that upon

12 filing the application for provisional release, normally the guarantees

13 would be attached. That was missing in this particular one. Then it's

14 up to the Defence, they know what to do, they know the procedures.

15 Yes, from my list of the matters that were to be discussed or

16 raised, I think they are through, because the rest of the decisions so

17 far pending this appeal are on record and all the parties know what has

18 been happening. So there appears to be no other matters to be raised.

19 Again, I just want to repeat the Appeals Chamber's condolences to

20 Mr. Galic.

21 There being no other business, the court will rise.

22 --- Whereupon the Status Conference

23 adjourned at 2.42 p.m.