Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                          Friday, 1 September 2006

 2                          [Status Conference]

 3                          [Open session]

 4                          [The appellant Hadzihasanovic entered court]

 5                          --- Upon commencing at 2.15 p.m.

 6            JUDGE SHAHABUDDEEN:  Madam Registrar, will you please call the

 7    case.

 8            THE REGISTRAR: [Interpretation] Good afternoon, Your Honour.  This

 9    is case number IT-01-47-A, the Prosecutor versus Enver Hadzihasanovic and

10    Amir Kubura.

11            JUDGE SHAHABUDDEEN:  Welcome to you all.  This is the first Status

12    Conference at the appeals stage in the case of the Prosecution against

13    Hadzihasanovic and Kubura.  I would like to begin in the usual way by

14    verifying that the audio equipment is working properly.

15            So Mr. Hadzihasanovic, can you hear the proceedings in a language

16    you understand?

17            THE ACCUSED HADZIHASANOVIC: [Interpretation] I can, Your Honour.

18            JUDGE SHAHABUDDEEN:  What about counsel for Mr. Hadzihasanovic and

19    Mr. Kubura?

20            MRS. RESIDOVIC: [Interpretation] Yes, Your Honour.

21            MR. IBRISIMOVIC: [Interpretation] Yes, Your Honour, we have no

22    problems.

23            MS. ISSA:  Yes, Your Honour, as well for the Prosecution.

24            JUDGE SHAHABUDDEEN:  Now I would like to call formally for

25    appearances.

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 1            Mr. Hadzihasanovic, you will be represented by?

 2            MRS. RESIDOVIC: [Interpretation] Your Honours, appearing today for

 3    General Hadzihasanovic, am I Edina Residovic and my legal assistant,

 4    Vedrana.

 5            JUDGE SHAHABUDDEEN:  Now, Mr. Kubura is not here but I expect that

 6    he will be represented by someone.

 7            MR. IBRISIMOVIC: [Interpretation] [No interpretation].

 8            JUDGE SHAHABUDDEEN:  And the Prosecution will be represented by?

 9            MS. ISSA:  Good afternoon, Your Honour.  It's Antoinette Issa on

10    behalf of the Prosecution, and with me is colleague, Marie-Ursula Kind,

11    and our case manager, Ms. Kim Fischer.

12            JUDGE SHAHABUDDEEN:  Thank you very much.

13            Now, I would like to take this opportunity to recall that

14    Rule 65 bis of the Rules of Procedure and Evidence, with which we are all

15    very familiar, requires that Status Conferences be held for each appellant

16    in the Tribunal's custody at intervals no greater than 120 days.

17    Paragraph (B) of that rule reads as follows:  "The Appeals Chamber or an

18    Appeals Chamber Judge shall convene a Status Conference, within 120 days

19    of the filing of a notice of appeal and thereafter within 120 days after

20    the last Status Conference, to allow any person in custody pending appeal

21    the opportunity to raise issues in relation thereto, including the mental

22    and physical condition of that person."

23            Now, as Mr. Hadzihasanovic has been in the custody of the United

24    Nations detention centre, he was entitled to a Status Conference within

25    120 days of the filing of his notice of appeal or by 16th August 2006.

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 1    Now, that time has lapsed.  However, he agreed to accept a short delay in

 2    his Status Conference in order to accommodate scheduling conflicts in the

 3    arrangement of a Status Conference with Mr. Kubura.  I wish to thank

 4    Mr. Hadzihasanovic and his counsel for their cooperation and understanding

 5    in this regard.

 6            Now, Mr. Kubura was granted early release on 11 April 2006, and

 7    therefore, whilst not entitled to a Status Conference under Rule 65 bis,

 8    nonetheless, in the interests of justice, and in order to facilitate the

 9    appeals process, he was invited to send counsel to represent him at this

10    first Status Conference along with Mr. Hadzihasanovic.  I'm pleased to see

11    Mr. Kubura's counsel, Mr. Ibrisimovic and Mr. Dixon, have joined us for

12    this Status Conference, and again I welcome you all.

13            I would like to mention at the outset that Status Conferences have

14    two purposes, as you may have gathered from the rule which I've just read

15    out.  Whereas they allow the applicants an opportunity to express concerns

16    relating to the appeal and the detention conditions.  Second, they provide

17    an opportunity to update the appellants with respect to the status of

18    their case.

19            Now, I shall begin with the second of these objectives, that is to

20    say, an update as to the status of the appeals.

21            This case involves three appeals filed by Mr. Hadzihasanovic,

22    Mr. Kubura, and the Prosecution.  I was designated the Pre-Appeal Judge in

23    this case by an order of the President assigning Judges to the case, filed

24    on 26 April 2006.

25            On 15 March 2006, Trial Chamber II rendered its judgement in the

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 1    case of Prosecutor against Hadzihasanovic and Kubura.  Mr. Kubura filed

 2    his notice of appeal from that judgement on 13 April 2006.

 3    Mr. Hadzihasanovic filed his notice of appeal on 18 April 2006.

 4    Subsequently, Mr. Hadzihasanovic and Mr. Kubura sought extensions of time

 5    to file their appeal briefs pending translations of the trial judgement.

 6    The judgement had been rendered in French, a language that

 7    Mr. Hadzihasanovic and counsel for Mr. Kubura do not speak.  On 27 June

 8    2006, the Appeals Chamber, accordingly, granted to Mr. Hadzihasanovic an

 9    extension of time for the submission of his appeal brief until 45 days

10    after the transmission to him of a partial B/C/S translation of his trial

11    judgement.  He did not ask for a complete translation.  Mr. Kubura, who

12    had sought an extension of 75 days was granted an extension until 60 days

13    after the transmission to his counsel of a certified English translation

14    of the judgement.  Meanwhile, in combination with its response to the

15    Kubura motion, the Prosecution moved to file a consolidated response to

16    the appeals briefs in both cases.  The decision of the Appeals Chamber

17    found that the Prosecution was entitled to file a consolidated response

18    brief and to wait until 40 days after the filing of the later of the two

19    appellants' appeals briefs under paragraph (c)(i)(b) of the practice

20    direction on the length of briefs and motions.  It noted that it was

21    therefore unnecessary for the Prosecution to file a motion requesting

22    permission to do so.

23            As for the Prosecution's appeal, the Prosecution filed a notice of

24    appeal on 18th April 2006 and an appeal brief on 3 July 2006.  Mr. Kubura

25    and Mr. Hadzihasanovic subsequently filed separate motions seeking

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 1    extensions of time to file the respondent's briefs until 40 days after

 2    receiving the translations of the trial judgement.  The motions were

 3    granted; Mr. Kubura's on 26th July 2006 and Mr. Hadzihasanovic's on

 4    8 August 2006.  Both decisions noted that the Prosecution would be

 5    permitted to file a consolidated reply brief within 15 days of the filing

 6    of the later of the two response briefs of Mr. Hadzihasanovic and

 7    Mr. Kubura, in keeping with Rule 113 of the rules and paragraph (c)(i)(c)

 8    of the practice direction on the length of briefs and motions.

 9            There are at present no pending motions in any of the three

10    appeals to which I have referred.  The translations are on the way.  I

11    understand that the target date for the completion of the English

12    translation is early November, while the target date for the completion of

13    the B/C/S translation is the second half of November.  Once the

14    translations are transmitted to Mr. Hadzihasanovic and to Mr. Kubura's

15    counsel, the parties will be required to submit their appeal briefs and

16    the respondent's brief in the Prosecution's appeal in accordance with the

17    time-limits set forth in the decisions of 27 June, 26 July, and 8 August.

18            Now, do the parties have any remaining concerns in respect of the

19    case?

20            MS. ISSA:  No, Your Honour.  Thank you.

21            MRS. RESIDOVIC: [Interpretation] Your Honour, the Defence has

22    received all the decisions of the Trial Chamber that you just mentioned,

23    and the Defence will comply with the instructions given in those

24    decisions.  Apart from that, the Defence is in constant communication with

25    the Registry, in keeping with the order of the Appeals Chamber to

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 1    accelerate the translation of the relevant documents, and we are doing our

 2    best to comply with all the requirements within the given deadlines and

 3    file our appeals brief and our respondent's brief in a timely manner.

 4            We also received your decision of the 13th of July, and

 5    accordingly, two weeks ago, we had a meeting with the Registrar where we

 6    were given a promise to receive a written answer and we are now expecting

 7    that written reply.  And we would like to inform the Appeals Chamber that

 8    the dilemmas of which we have informed the Appeals Chamber are still

 9    outstanding.  We hope they will be resolved in due course.  And I hope we

10    will be able to deal with all the problems in cooperation with our

11    clients.

12            Thank you.

13            JUDGE SHAHABUDDEEN:  Thank you, Madam.  I appreciate your

14    cooperation, and I do join with you in hoping that the problems to which

15    you have adverted will soon be resolved so that we might proceed with the

16    hearing of the appeals.

17            Now, are there any concerns on the part of counsel for Mr. Kubura?

18            MR. IBRISIMOVIC: [Interpretation] Thank you, Your Honour.  At this

19    moment we have nothing to raise.

20            JUDGE SHAHABUDDEEN:  Now, I would like to allow Mr. Hadzihasanovic

21    an opportunity to address the Court with any concerns he may have relating

22    to the conditions of his detention or any other matter.

23            THE ACCUSED HADZIHASANOVIC: [Interpretation] Thank you, Your

24    Honour.  This is really a pleasant surprise for me and a welcome

25    opportunity.  Nobody has ever asked me such a question before in the

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 1    courtroom, and I wish to thank you once again for this.

 2            My accommodation is bearable.  I cannot say I'm happy to be in

 3    prison.  But otherwise, it's fine.  My health is all right, and except for

 4    a slightly higher blood pressure and triglycerides, everything else is in

 5    perfect order.

 6            Thank you again for asking.

 7            JUDGE SHAHABUDDEEN:  Well, Mr. Hadzihasanovic, that is the whole

 8    purpose of these proceedings, to give you an opportunity to meet face to

 9    face with the Court and to enable you to see that your proceedings are

10    being expedited.

11            I thank you very much.

12            Well, if there are no other matters to be raised, I would bring

13    these proceedings to an end and accordingly adjourn the Court.

14                          --- Whereupon the Status Conference adjourned at

15                          2.33 p.m.