Tribunal Criminal Tribunal for the Former Yugoslavia

Page 18433

 1                           Wednesday, 10 June 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.02 a.m.

 5             JUDGE ORIE:  Good morning to everyone.

 6             Mr. Registrar, would you please call the case.

 7             THE REGISTRAR:  Good morning, Your Honours.  Good morning to

 8     everyone in the courtroom.  This is case number IT-06-90-T, the

 9     Prosecutor versus Ante Gotovina et al.

10             JUDGE ORIE:  Thank you, Mr. Registrar.

11             In order to continue the examination of the witness, we turn to

12     closed session.

13                           [Closed session]

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12                           [Open session]

13             THE REGISTRAR:  Your Honours, we're back in open session.

14             JUDGE ORIE:  Thank you, Mr. Registrar.

15             The statement I'll read out addresses the Prosecution.  The

16     reason that it addresses the Prosecution is that the Prosecution

17     expressed an intention to make -- to file a response to a certain matter.

18     That's the one and only reason why it's not addressed to all parties.

19             It is the Chamber's invitation to the Prosecution to respond to a

20     submission recently made by the Republic of Croatia.

21             In a submission dated the 2nd of June, 2009, the Republic of

22     Croatia requested the Chamber to deliver a decision in relation to the

23     Prosecution's application for an order pursuant to Rule 54 bis from the

24     13th of June, 2008.  In an informal communication to the Chamber on the

25     8th of June, the Prosecution indicated that it wished to respond to this

Page 18527

 1     submission and to do so no later than the 18th of June, 2009.

 2             The Chamber hereby invites the Prosecution to respond to the

 3     submission by Croatia no later than the 18th of June, 2009.  And in its

 4     response, the Chamber would like the Prosecution not only to address the

 5     arguments in the submissions, but also to deal with the general

 6     Rule 54 bis matter.

 7             In a filing of the 19th of January, 2009, the Prosecution already

 8     addressed this matter, but since then Croatia has submitted further

 9     documentation and reports pursuant to the Chamber's order of the 16th of

10     September, 2008.  The Chamber therefore provides the Prosecution with

11     this further opportunity to be heard before the Chamber will decide on

12     the matter.

13             And this concludes the Chamber's statement.

14             There would be a few procedural -- other procedural matters we

15     could deal with, rather than to schedule a hearing for tomorrow or

16     Friday, because the Chamber understands that there are no witnesses

17     available for Thursday or Friday, but please correct me if I'm wrong,

18     Mr. Misetic.

19             MR. MISETIC:  We just received that confirmation from VWS,

20     Mr. President.

21             JUDGE ORIE:  Yes.  That's about the passport of a witness.

22             I would have for approximately 20 minutes of time, for procedural

23     matters, mainly giving short decisions, receiving answers.  I think if we

24     organise that well, we could avoid having a hearing tomorrow or Friday,

25     because everyone would have to come just for 20 minutes, which seems not

Page 18528

 1     to be a very effective use of especially your time.  I'll therefore

 2     invite the -- I will therefore invite the Chamber staff to identify the

 3     issues in one-liners, so that once we have an opportunity we could go

 4     through them, not in 20 minutes, but most likely in 3 or 4 minutes, you

 5     knowing exactly what is at stake.

 6             It would, for example, read, Decision on admission,

 7     Exhibit so-and-so.  Then you would know that we come with a decision,

 8     Response requested on issue so-and-so.  Then we could stream-line and

 9     expedite those matters, which would avoid that we have to rely on the

10     highly-appreciated cooperation of our interpreters, transcriber, and

11     technical staff for going beyond the time-limits.

12             We adjourn, and we'll resume on Monday, the 15th of June, 9.00,

13     Courtroom III.

14                           --- Whereupon the hearing adjourned at 1.59 p.m.,

15                           to be reconvened on Monday, the 15th day of June,

16                           2009, at 9.00 a.m.