Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Tuesday, 18 September 2012

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellants entered court]

 5                           --- Upon commencing at 10.58 a.m.

 6             JUDGE MERON:  Registrar, will you please call the case.

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

 8     IT-06-90-A, the Prosecutor versus Ante Gotovina and Mladen Markac.  Thank

 9     you.

10             JUDGE MERON:  Thank you.

11             Let me begin by ensuring that all the equipment is functioning

12     properly.

13             Mr. Gotovina, can you hear me?

14             THE APPELLANT GOTOVINA: [Interpretation] Yes, I can follow

15     Your Honour.  Thank you.

16             JUDGE MERON:  Thank you, Mr. Gotovina.

17             Mr. Markac, can you hear me?

18             THE APPELLANT MARKAC: [Interpretation] I can follow, Your Honour.

19             JUDGE MERON:  Thank you, Mr. Markac.

20             Let me call for the appearances of the parties.  The Prosecution.

21             MS. ELLIOTT:  Good morning, Your Honour.  Ingrid Elliott for the

22     Prosecution.  I'm joined this morning by Nema Milaninia and our case

23     manager, Colin Nawrot.  Thank you.

24             JUDGE MERON:  Thank you, Ms. Elliott.

25             Counsel for Mr. Gotovina, please.

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 1             MR. KEHOE:  Good morning, Your Honour.  Gregory Kehoe,

 2     Luka Misetic, and Guenael Mettraux for General Gotovina.

 3             JUDGE MERON:  Thank you, Mr. Kehoe.

 4             Counsel for Mr. Markac.

 5             MR. MIKULICIC:  Good morning, Your Honour, everybody in the

 6     courtroom.  For Mr. Markac, Goran Mikulicic.

 7             JUDGE MERON:  Thank you, Mr. Mikulicic.

 8             As you are all aware, Rule 65 bis (B) of the Rules of Procedure

 9     and Evidence requires a Status Conference to be convened within 120 days

10     after the filing of a Notice of Appeal and thereafter within 120 days

11     after the last Status Conference for each appellant in the Tribunal's

12     custody.  A Status Conference serves two primary purposes.  First, it

13     allows the appellants an opportunity to express concerns relating to

14     their appeal or detention conditions; second, it provides an opportunity

15     to update the appellants with respect to the status of their case.  The

16     Status Conference is also an opportunity for the Tribunal to inquire

17     about the mental and physical condition of the detained persons.  In the

18     present case, the last Status Conference was held on 23 May 2012.

19     Today's Status Conference was scheduled by an order issued on

20     4th September 2012.

21             I would like to begin this Status Conference by inquiring into

22     Mr. Gotovina's and Mr. Markac's health.

23             Mr. Gotovina and Mr. Markac - if you wish - this discussion or a

24     part of it can take place in a closed session.  Mr. Markac.

25             THE APPELLANT MARKAC: [Interpretation] Your Honour, you are aware

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 1     that I recently had a very serious operation and I am now in recovery.

 2     My health is now adequate and everything is all right.

 3             JUDGE MERON:  Mr. Markac, you have consented to some medical

 4     reports being released to me and to the Appeals Bench, and I am very

 5     pleased to take note of the progress you have been making on your health.

 6             Mr. Gotovina, you always have had fewer problems of health.  Is

 7     there anything you would like to tell us about?

 8             THE APPELLANT GOTOVINA: [Interpretation] Your Honour, thank you

 9     for asking.  Everything is fine with me.

10             JUDGE MERON:  Thank you.  I'm very pleased to hear that.

11             Let me say a few words about the procedure and history of this

12     case.  On 20 July 2012 the Appeals Chamber ordered supplemental briefing

13     on the potential for convictions under alternate modes of liability.  The

14     Prosecution filed its supplemental brief on 10 August 2012, to which

15     Mr. Gotovina and Mr. Markac both responded on 31 August 2012.  These

16     submissions will be considered in due course.

17             On 10 August 2012 Mr. Gotovina filed a motion challenging the

18     Appeals Chamber jurisdiction to consider alternate forms of liability.

19     On 10 August 2012 Mr. Markac joined Mr. Gotovina's motion.  This motion

20     will be decided in due course.

21             At this point I would like to ask the parties whether they have

22     any other issues that they would like to raise at this time.  The

23     Prosecution.

24             MS. ELLIOTT:  No.  Thank you, Your Honour.

25             JUDGE MERON:  Thank you.

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 1             Counsel for Mr. Gotovina.

 2             MR. KEHOE:  Just briefly, Your Honour.  Obviously I -- the

 3     parties know that the Chamber has been working hard on this matter and

 4     there are several matters that are -- recently been briefed and our

 5     submissions made to the Chamber.  And we were asking if there is some

 6     time-frame for a final decision, given that I know many matters are still

 7     before the Chamber.

 8             JUDGE MERON:  Mr. Kehoe, when we have something to say that I can

 9     share with you, you can rest assured that I will not delay in letting you

10     know.

11             MR. KEHOE:  Thank you, Your Honour.

12             The counsel for Mr. Markac.

13             MR. MIKULICIC:  Your Honour, on behalf of Mr. Markac's Defence,

14     we have no issue to raise at the moment.

15             JUDGE MERON:  Thank you.

16             So I think that since there are no other matters to be raised,

17     this brings us to the end of our proceedings for today and I would like

18     to thank the parties for their attendance; and I call the proceedings to

19     a close.  The Court will rise.

20                           --- Whereupon the Status Conference

21                           adjourned at 11.06 a.m.