Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                          Friday, 6 June 2003

 2                          [Status Conference]

 3                          [Open session]

 4                          [The appellants entered court]

 5                          --- Upon commencing at 2.13 p.m.

 6            JUDGE HUNT:  Call the case, please.

 7            THE REGISTRAR:  Good afternoon, Your Honour.  Case Number

 8    IT-95-14/2-A, the Prosecutor versus Dario Kordic and Mario Cerkez.

 9            JUDGE HUNT:  Appearances for the Prosecution.

10            MS. BOELAERT-SUOMINEN:  Good afternoon, Your Honour.  Sonja

11    Boelaert-Suominen for the Prosecutor --

12            JUDGE HUNT:  You haven't got your microphone on.

13            MS. BOELAERT-SUOMINEN:  Good afternoon, Your Honour.

14    Sonja Boelaert-Suominen appearing for the Prosecutor with my colleague,

15    Michelle Jarvis, and our case manager, Nikki Bonfield.

16            JUDGE HUNT:  Thank you.  For General Kordic.

17            MR. NAUMOVSKI: [Interpretation] Good afternoon, Your Honour.

18    Mitko Naumovski, lawyer from Zagreb for Mr. Dario Kordic, and with me I

19    also have my colleagues at Hunton Williams, Stephen Sayers, they were in

20    telephone communication with me.

21            JUDGE HUNT:  I hope that they can hear us.

22            MR. SAYERS:  We can, Your Honour.

23            JUDGE HUNT:  Yes, thank you.

24            And for Mr. Cerkez.

25            MR. KOVACIC: [Interpretation] Good afternoon, Your Honour.

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 1    Bozidar Kovacic, lawyer from Croatia as before.

 2            JUDGE HUNT:  Can each of the accused hear the proceedings in a

 3    language which they understand?  General Kordic.

 4            THE APPELLANT KORDIC: [Interpretation] Good afternoon.  Thank you,

 5    yes, I can follow it all.

 6            JUDGE HUNT:  Mr. Cerkez.

 7            THE APPELLANT CERKEZ: [Interpretation] Good afternoon, Your

 8    Honour.  I can understand everything.

 9            JUDGE HUNT:  Thank you very much.

10            This is a Status Conference being called in accordance with the

11    provisions of Rule 65 bis.  And so far as I can see, only for the

12    purpose -- are there any matters which the Prosecution would like to

13    raise?

14            MS. BOELAERT-SUOMINEN:  No, Your Honour.  We don't have any

15    particular matters we wish to raise.  Everything has been fully briefed as

16    far as we're concerned.  Thank you.

17            JUDGE HUNT:  Thank you.  Mr. Naumovski.

18            MR. NAUMOVSKI: [Interpretation] Your Honours, we do not have any

19    particular questions we'd like to raise today.  I merely wish to remind

20    you of the salient matters that still await resolution.  We do not have

21    any new issues that we want to raise.

22            JUDGE HUNT:  If you mean the application which you have made to

23    see the documents which Mr. Cerkez has filed, is that what you mean?

24            MR. NAUMOVSKI: [Interpretation] Well, that is one of the things,

25    yes, correct.  Mr. Sayers has prepared a list of these issues, and with

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 1    your leave, he may remind us of what this is about.

 2            JUDGE HUNT:  Thank you very much.  Yes, Mr. Sayers.

 3            MR. SAYERS:  Your Honour, there are four matters that come to

 4    mind.  This is an application to file a supplemental appellant's brief

 5    covering the Rule 68 violations that the Kordic Defence have made and that

 6    have been made by the Prosecution.  As you pointed out, we're seeking

 7    access to the ex parte submissions made by Mr. Cerkez and by the

 8    Prosecution relating to the Rule 115 motions filed by Mr. Cerkez.  In

 9    another case, our motions for access to a fourth set of Rule 115

10    submissions made by General Blaskic.  Then there's the issue relating to

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22            As to the one in relation to the Blaskic proceedings, I'm afraid I

23    have nothing to do with that here.  That is a matter for the Appeals

24    Chamber which is hearing the Blaskic case.

25            The ex parte documents, we're still waiting for a response to the

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 1    last of the matters so that they can both be heard together, or dealt with

 2    together.

 3            As to the filing supplementary brief in relation to the Rule 68

 4    material, I had been anticipating an application for them to be tendered

 5    under Rule 115, but if that's not going to be done, then clearly you would

 6    be entitled to deal with it in a supplementary brief.  But so far as I

 7    know, there is no such application presently filed.  It may be on its way

 8    to us, but it hasn't arrived on my desk yet.  But thank you --

 9            MR. SAYERS:  Well, there, Your Honour, we've received the closed

10    session materials from the Blaskic case, the closed session testimony of

11    General Blaskic, from the Prosecution.  I got that about two days ago.

12            JUDGE HUNT:  I'm sorry.

13            MR. SAYERS:  It numbers hundreds of pages and we haven't had the

14    opportunity yet fully to scrutinise it, but once we have, if that's going

15    to be the subject of a Rule 115 motion, that motion will be expeditiously

16    made.

17            JUDGE HUNT:  Mr. Sayers, you're breaking up a little bit.  I'm not

18    sure how good the telephone line is.  How long ago did you get the

19    documents?

20            MR. SAYERS:  Two days.

21            JUDGE HUNT:  Oh. I see, all right.  That's why we haven't got an

22    application yet.

23            MR. SAYERS:  That's right.  And with respect to the AT material,

24    we --

25            JUDGE HUNT:  You, I'm sorry?

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 1            MR. SAYERS:  We obviously do not have the AT materials, the

 2    additional material yet.

 3            JUDGE HUNT:  Have you had a copy of the application for protective

 4    measures?

 5            MR. SAYERS:  Yes, I got that about an hour ago.

 6            JUDGE HUNT:  Yes, so did I.  Very well.  Then we're fairly up to

 7    date by the look of it.  But the one matter in relation to the ex parte

 8    documents, of course, which we have to consider with some care, is your

 9    standing to be heard on them.  But that's a matter which, no doubt, will

10    be dealt with when we give the decision.

11            Any other matters?  Yes.

12            MS. BOELAERT-SUOMINEN:  Your Honour, if I may, the Prosecution

13    intends to file a response to the Kordic and Cerkez application for access

14    to the ex parte documents filed by Cerkez, and we will be doing that on

15    Tuesday.

16            JUDGE HUNT:  Tuesday.

17            MS. BOELAERT-SUOMINEN:  Yes.

18            JUDGE HUNT:  I wasn't suggesting that you're out of time --

19            MS. BOELAERT-SUOMINEN:  Not yet.

20            JUDGE HUNT:  But we want to get the whole of that dealt with

21    together.

22            MS. BOELAERT-SUOMINEN:  Your Honour, there is one other matter I

23    would like to raise, but unfortunately I would have to ask to go into

24    closed session for that briefly.

25            JUDGE HUNT:  When you say closed session, you mean just with no

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 1    sound?  We've got a lot of people in the public gallery, which we can pull

 2    the blinds down if you want.  Do you think they can lip read?

 3            MS. BOELAERT-SUOMINEN:  I don't think so.  I'll turn my head

 4    towards you, so no.

 5            JUDGE HUNT:  We'll treat it as the sound turned off for the public

 6    gallery until you've finished.

 7                          [Private session]

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13                          [Open session]

14            JUDGE HUNT:  Right, we are now back in public session.  Is there

15    anything else that anybody wants to raise?

16            Well, thank you very much for coming.  I hope you have a pleasant

17    holiday weekend.  It's a shame we had to be here for this afternoon.  I'll

18    adjourn now.

19                          --- Whereupon the Status Conference adjourned

20                          at 2.24 p.m.