Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Friday, 17 February 2012

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused entered court]

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

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

 7     IT-04-75-PT, the Prosecutor versus Goran Hadzic.

 8             JUDGE DELVOIE:  Could I have the appearances, please.

 9             MS. BAIG:  Good afternoon, Your Honour.  Laurel Baig for the

10     Prosecution.  I'm appearing with Ms. Sarah Clanton; our intern,

11     Camille Franceschi; and our case manager, Sebastiaan van Hooydonk.

12             JUDGE DELVOIE:  Thank you.

13             Yes, Mr. Zivanovic.

14             MR. ZIVANOVIC:  Good afternoon, Your Honour.  For

15     Mr. Goran Hadzic:  Zoran Zivanovic, lead counsel.

16             JUDGE DELVOIE:  Thank you.

17             May I confirm with Mr. Hadzic that he can follow the proceedings

18     in a language he can understand?

19             THE ACCUSED: [Interpretation] I can confirm that I understand

20     you.

21             JUDGE DELVOIE:  Thank you.

22             This is the second Status Conference in this case.  The purpose

23     of the conference, pursuant to Rule 65 bis (A), is to organise exchanges

24     between the parties so as to ensure the expeditious preparation for

25     trial.  It is also to allow Mr. Hadzic the opportunity to raise any

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 1     issues in relation to his mental and physical condition while in

 2     detention.

 3             There was a Rule 65 ter Conference held this week, on the

 4     15th of February, at which the parties and the Legal Officer of the

 5     Chamber discussed various issues related to the pre-trial preparation of

 6     the case.  The Chamber has been informed of what transpired at that

 7     meeting.  I wish to thank the parties for their participation in that

 8     Rule 65 ter Conference, and I also commend them for the spirit of

 9     co-operation that they have displayed thus far during the pre-trial

10     preparation of this case.

11             I note that the first joint report on agreed facts has been

12     filed.  I wish to thank the parties for their timely filing and their

13     continued progress towards reaching agreement on facts pertinent to the

14     trial where possible.  I note that the briefing has been completed for

15     the Prosecution's motion seeking to amend the first amended indictment.

16     The Chamber will issue its decision on the motion soon.

17             I acknowledge receipt of three Defence motions of -- for access

18     to confidential materials in various closed cases.  After completion of

19     the briefing on these motions, the Chamber will issue its decision as

20     soon as possible.  There are also two Defence motions for access to

21     confidential material in ongoing cases, which will be dealt with by the

22     Chambers seized of those cases.

23             I acknowledge receipt of the Prosecution's fourth report on

24     disclosure of the 9th of February.  I would now ask the Prosecution to

25     report on the state of Rule 68(i), Rule 68(ii), and Rule 68(A)(ii)

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 1     disclosure.

 2             Mrs. Baig.

 3             MS. BAIG:  Thank you, Your Honour.  And as I report -- as we

 4     reported in the fourth report on disclosure, our preparations for

 5     completing our disclosure obligations are proceeding efficiently at this

 6     stage.  We have been making disclosure of relevant and exculpatory

 7     documents, both from ongoing searches in the evidence collection and

 8     based on the agreement that we have with the Defence to disclose

 9     materials disclosed to previous related cases.

10             With regard to 66(A)(ii) disclosure, that is, the witness

11     material, we started in December with disclosing the material relating to

12     proposed expert witnesses for the Prosecution, and we are currently

13     working on preparing similar materials under 66(A)(ii) based on the

14     preliminary witness list that we shared with the Defence in late

15     December, I believe that was the 20th of December.  So we're currently in

16     the process of gathering the statements and previous testimony of those

17     witnesses and we plan to disclose those as soon as that project is

18     complete.

19             JUDGE DELVOIE: [Microphone not activated]

20             THE INTERPRETER:  Microphone for the Judge, please.

21             JUDGE DELVOIE:  I'm sorry.

22             Yes, Mr. Zivanovic, do you have any comments on the proposed

23     guide-lines for the management of the evidence?

24             MR. ZIVANOVIC:  No, Your Honour.

25             JUDGE DELVOIE:  Thank you.

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 1             Sorry about that.  I skipped a part of what I was supposed to

 2     ask.  At the last two Rule 65 ter Conferences, guide-lines for the

 3     management of evidence during the pre-trial and pre-trial phase -- during

 4     the pre-trial and trial phase have been discussed.  Before trial

 5     commences, the Trial Chamber will issue an order formalising these

 6     guide-lines.  I would now invite the Prosecution - and I already did for

 7     the Defence - to make any comments they wish on the proposed guide-lines

 8     for the management of evidence.

 9             Mrs. Baig.

10             MS. BAIG:  Yes, Your Honour.  And we have made some comments with

11     regard to these guide-lines in writing already, and we've raised a few

12     clarifications in the 65 ter Conference of this week.  I believe that

13     those cover all of our concerns.  The Chamber is well aware of what the

14     Prosecution's position is on these matters.

15             JUDGE DELVOIE:  We'll take them into account of course.  Thank

16     you, Mrs. Baig.

17             Mr. Zivanovic, we have your position.

18             MR. ZIVANOVIC:  We have no comments.

19             JUDGE DELVOIE:  Thank you very much.

20             At this point I would like to ask Mr. Hadzic whether there are

21     any issues in relation to his case that he would like to raise today.

22     This may include, Mr. Hadzic, issues regarding your mental or physical

23     condition while in detention.  And please be assured that we can go into

24     private session for these purposes if you would prefer.  Mr. Hadzic, is

25     there anything you would like to ...

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 1             THE ACCUSED: [Interpretation] There is nothing I would like to

 2     raise at this moment.  Everything is fine.

 3             JUDGE DELVOIE:  Thank you, Mr. Hadzic.

 4             Are there any other matters that the parties wish to raise today?

 5             Mrs. Baig?

 6             MS. BAIG:  Your Honour, I can just indicate for the record that

 7     the Prosecution responses to the five access motions have been filed

 8     yesterday and today, so subject to any replies that filing is complete.

 9             And we have no other matters to raise.  Thank you.

10             JUDGE DELVOIE:  Thank you very much.

11             Mr. Zivanovic?

12             MR. ZIVANOVIC:  Just, I'm aware of two responses of the

13     Prosecution.  Maybe I have it today --

14             JUDGE DELVOIE:  I suppose they will follow indeed, yes.

15             If that is all, thank you, Mr. Zivanovic.

16             And I thank you kindly for your appearances today.  I thank the

17     parties for their continuing mutual co-operation in getting this case

18     ready for trial.

19             A Scheduling Order for the next two Rule 65 ter Conferences and

20     the next two Status Conferences has been issued.  The next

21     Rule 65 ter Conference will be held on Thursday, 7th of June, at

22     2.00 p.m.; and the next Status Conference will be held on the

23     14th of June at 2.30 p.m. in a courtroom to be determined.

24             This Status Conference is now adjourned.

25                    --- Whereupon the Status Conference adjourned at 2.43 p.m.