Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Friday, 22 August 2008

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused Brahimaj present]

 5                           --- Upon commencing at 10.31 a.m.

 6             JUDGE POCAR:  Good morning, everybody.

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

 8             THE REGISTRAR:  Good morning, Your Honour.  Good morning to

 9     everyone in the courtroom.  This is the case number IT-04-84-A, the

10     Prosecutor versus Ramush Haradinaj et al.

11             JUDGE POCAR:  Thank you.

12             May have I now the appearances of the parties.

13             For the Prosecution.

14             MR. DALAL:  Good morning, Your Honour.  Marwan Dalal today for

15     the Prosecution, together with our case manager, Alma Imamovic-Ivanov.

16             JUDGE POCAR:  Thank you.

17             Now, for the Defence, for the Defence.

18             MR. TROOP:  Good morning, Your Honour.  My name is Paul Troop.  I

19     appear on behalf of Mr. Lahi Brahimaj.  Today I am assisted by Ms. Rudina

20     Jasini, my legal assistant.

21             JUDGE POCAR:  I thank you.

22             MS. ROHAN:  Good morning, Your Honour.  Colleen Rohan appearing

23     on behalf of Idriz Balaj.

24             MR. DIXON:  Good morning, Your Honour.  Rodney Dixon appearing on

25     behalf of Mr. Ramush Haradinaj.

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 1             JUDGE POCAR:  I thank you.

 2             Now, Mr. Brahimaj, may I ask you if you can hear the proceedings

 3     correctly in a language you understand?

 4             THE ACCUSED BRAHIMAJ: [Interpretation] Yes, Your Honour.

 5             JUDGE POCAR:  Thank you.

 6             So this is a Status Conference called in accordance with the Rule

 7     65 bis (B) of the Rules of Procedure and Evidence of the Tribunal, which

 8     requires a Status Conference to be convened within 120 days of the filing

 9     of a notice of appeal, and thereafter within 120 days after the last

10     Status Conference.

11             The primary purpose of the Status Conference is to allow any

12     person in custody pending an appeal the opportunity to raise issues in

13     relation to the appeal, including the health condition of the person and

14     the detention condition in the detention unit.

15             Now, the Trial Chamber in this case rendered the Judgement in

16     this case on 3 April 2008.  The Prosecution filed its notice of appeal on

17     2 May 2008, while counsel for Mr. Brahimaj filed his notice of appeal on

18     5 May 2008.

19             On 6 May, I issued an order assigning judges in this case,

20     instructing that the Bench should be composed of myself as Presiding

21     Judge, as well as Judges Shahabuddeen, Vaz, Liu, and Meron.  In addition,

22     I designated myself as the Pre-Appeal Judge.

23             I would now like to inquire about Mr. Brahimaj's state of health

24     and conditions of detention.

25             Let me recall to you, Mr. Brahimaj, that pursuant to Rules 80

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 1     and 81 of the Rules, if the detainee is not satisfied with the conditions

 2     of his or her detention, he is entitled to make a complaint to the

 3     commanding officer or his representative at any time; and in case of an

 4     unsatisfactory response, he can make a written complaint to the registrar

 5     who shall inform the president.  But, of course, can you raise any issue

 6     concerning condition of detention and your health conditions here at the

 7     Status Conference.

 8             So may I ask you if you have any concerns in relation to your

 9     state of health or to the condition of your detention at the detention

10     unit.

11             THE ACCUSED BRAHIMAJ: [Interpretation] Thank you, Your Honour.  I

12     don't have any concerns.

13             JUDGE POCAR:  I thank you.

14             Now let me provide a recapitulation of the briefing schedule.

15             The Prosecution filed its confidential Appellant's brief on

16     16 July.  On 17 July, a public redacted version was filed, as well as a

17     book of authority and a confidential addendum to the Appellant's brief.

18             Counsel for Mr. Brahimaj filed the Appellant brief on 21st of

19     July.  I remind parties that each respondent must file a response brief

20     within 40 days of the filing of the Appellant's brief, after which

21     Appellant will have another 15 days pursuant to Rule 113 to file a brief

22     in reply.

23             When the briefing will be completed, the Appeals Chamber will

24     consider how to proceed on the appeal.

25             So, at this point, I would only ask the parties whether they have

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 1     any urgent issue that they would like to raise at this time in today's

 2     Status Conference concerning the appeal.

 3             May I ask the Prosecutor.

 4             MR. DALAL:  Yes, Your Honour, the Prosecutor has nothing to add

 5     at this stage or to say.  Thank you.

 6             JUDGE POCAR:  I thank you.

 7             May I turn to counsel for Mr. Brahimaj.  Do you have any issue

 8     you would like to raise at this juncture?

 9             MR. TROOP:  No, Your Honour.

10             JUDGE POCAR:  I thank you.

11             Is there any other issue the Defence would like to raise?

12             MR. DIXON:  No, Your Honour, on behalf of Mr. Haradinaj, there is

13     nothing.  Thank you.

14             MS. ROHAN:  As well on behalf of Mr. Balaj, no issues.  Thank

15     you.

16             JUDGE POCAR:  Thank you.

17             In this case, we will wait for the further steps in the briefing

18     schedule, and I believe this can conclude our business today.

19             I thank the parties for their attendance and call the proceedings

20     to a close.

21             The hearing is adjourned.

22                           --- Whereupon the Status Conference adjourned at

23                           10.39 a.m.