Tribunal Criminal Tribunal for the Former Yugoslavia

Page 86

1 Friday, 23 May 2003

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.24 p.m.

6 JUDGE EL MAHDI: [Interpretation] Good afternoon to everyone.

7 Madam Registrar, could you please call the case number.

8 THE REGISTRAR: Case Number IT-00-41-PT, the Prosecutor versus

9 Pasko Ljubicic.

10 JUDGE EL MAHDI: [Interpretation] Thank you. Good afternoon, Mr.

11 Ljubicic. Can you hear me in a language that you understand?

12 THE ACCUSED: [Interpretation] Yes, yes, I can, Your Honour.

13 THE INTERPRETER: Microphone for the accused, please.

14 THE ACCUSED: [Interpretation] I can understand everything you say.

15 JUDGE EL MAHDI: [Interpretation] I have a problem. I am not

16 receiving any interpretation. I can't hear anything.

17 THE ACCUSED: [Interpretation] Should I repeat?

18 THE INTERPRETER: Yes, please.

19 JUDGE EL MAHDI: [Interpretation] Could you please repeat your

20 answer.

21 THE ACCUSED: [Interpretation] Yes, I can, of course. Good

22 afternoon, Your Honour. I can hear you, and I can fully understand what

23 you're saying.

24 JUDGE EL MAHDI: [Interpretation] Thank you very much. Please sit

25 down.

Page 87

1 I'd like to ask for the appearances for the sake of the

2 transcript. The Prosecution first of all, please.

3 MR. HARMON: Good afternoon, Your Honour. Good afternoon, Mr.

4 Jonjic. My name is Mark Harmon, appearing on behalf of the Prosecutor.

5 Appearing with me today, to my right, is Mr. Fergal Gaynor, and to my

6 left, Ms. Kamala Janakiram, case manager.

7 JUDGE EL MAHDI: [Interpretation] Thank you. And could the Defence

8 counsel please present itself.

9 MR. JONJIC: [Interpretation] Good afternoon, Your Honours. My

10 name is Tomislav Jonjic on behalf of Mr. Pasko Ljubicic.

11 JUDGE EL MAHDI: [Interpretation] Thank you very much, Mr. Jonjic.

12 I would like to remind you that pursuant to the scheduling order dated the

13 13th of May, 2003, this hearing will be concerned with -- will be a Status

14 Conference pursuant to Rule 65 bis of the Rules of Procedure and Evidence.

15 The purpose is to discuss the progress achieved in preparing for the case.

16 And I think that we are now approaching the end of the pre-trial phase,

17 and the scheduling order contains some dates. The Prosecution has to file

18 its pre-trial brief and its list of witnesses on the 10th of June, 2003,

19 and the Defence should file its pre-trial brief on the 7th of July, 2003.

20 Are there any comments that the parties would like to make with

21 regard to this matter? Does the Prosecution find that these dates are

22 appropriate, Mr. Harmon?

23 MR. HARMON: Yes, Your Honour. We are well underway, and we will

24 meet that trial date -- that date for filing the pre-trial brief. We're

25 satisfied with those dates.

Page 88

1 JUDGE EL MAHDI: [Interpretation] Thank you very much. And

2 Mr. Jonjic?

3 MR. JONJIC: [Interpretation] Your Honour, the same is true of the

4 Defence. We shall meet the deadline set by the Court. Thank you.

5 JUDGE EL MAHDI: [Interpretation] Thank you, Mr. Jonjic.

6 I would now like to ask Madam Registrar for us to move into

7 private session. And please tell me when we are ready.

8 [Private session]

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1 (redacted)

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7 [Open session]

8 JUDGE EL MAHDI: [Interpretation] Thank you.

9 Do any of the parties -- does one of the parties have some issues

10 they would like to raise? Before I give Mr. Ljubicic the chance to take

11 the floor, Mr. Harmon, do you have anything you would like to comment on?

12 MR. HARMON: No, Your Honour. We have nothing. Thank you.

13 JUDGE EL MAHDI: [Interpretation] Thank you. And Mr. Jonjic?

14 MR. JONJIC: [Interpretation] Your Honour, the Defence, now that we

15 have been given the opportunity, would like to seize this opportunity to

16 talk about two or three minor details concerning the preparation of our

17 Defence. The Prosecution is still disclosing evidence. We don't know how

18 far they still are from the end of this process. However, we do deem it

19 necessary to inform the Court that Bosnia and Herzegovina in part acted on

20 the request by the Court dated 3rd of February this year, and the Defence

21 have received part of the documents required by the Court in its decision.

22 On the other hand, the Defence deems it necessary to announce that

23 it may address with a similar request the Republic of Croatia concerning

24 binding orders for documents to be handed over. The Defence has made many

25 requests to the Republic of Croatia to disclose documents, and only part

Page 90

1 of it has been met with so far. The Defence will shortly decide whether

2 time is ripe to file a similar request with the Court concerning the

3 Republic of Croatia this time. Thank you.

4 JUDGE EL MAHDI: [Interpretation] Thank you, Mr. Jonjic. But if

5 I've understood you correctly, you asked whether the Prosecution had

6 accomplished its obligation of disclosing exhibits, or did I fail to

7 understand what you said? Because you dealt with two issues; firstly you

8 spoke about the documents from the Prosecution, and then you spoke about

9 documents that might be located in one country or another country. With

10 regard to the Prosecution, are you asking -- are you making a formal

11 request? Have they, in your opinion, fulfilled their obligation of

12 transmitting all the exhibits to you, even those of an exculpatory nature?

13 MR. JONJIC: [Interpretation] Your Honour, the Prosecution has

14 given over to the Defence most, we believe, of the statements, but we

15 don't know if the process has been completed, the process of disclosure,

16 or whether they have more to disclose before the pre-trial briefs. We

17 don't know if this process has been completed or not.

18 JUDGE EL MAHDI: [Interpretation] Thank you. Mr. Harmon, what is

19 your position on this matter?

20 MR. HARMON: We are in the process of continuing to disclose

21 information that is relevant and applicable under the Rules. We have

22 disclosed the bulk of the material that we're required to under the Rules.

23 I know there is yet another production that consists of some additional

24 statements, not many, consist of some additional exhibits, not many, some

25 audiotapes, again not many, so we will produce those. We have an

Page 91

1 arrangement with Mr. Jonjic in terms of delivery of those. We have a

2 satisfactory arrangement. We will contact Mr. Jonjic about how he wants

3 those delivered and where, and we will abide by the normal practice that

4 we have between the parties. That's what I can say at this point in time.

5 I will add, of course, that investigation continues to be ongoing,

6 and as we continue to get additional information, we will turn it over

7 very quickly to the Defence.

8 JUDGE EL MAHDI: [Interpretation] Thank you very much. I have no

9 doubt that you will cooperate to the best of your ability.

10 And I think that all pending issues, all pending matters, can be

11 transmitted to our honourable colleague Mr. Harhoff who, as always, is

12 available to assist in this case.

13 Mr. Ljubicic, I would like to ask you about your health. Do you

14 have complaints of any kind? Would you like to inform me of anything that

15 might be inconvenient or any possible problems?

16 THE ACCUSED: [Interpretation] Your Honour, I have no objections to

17 make concerning my sojourn in the Detention Unit. The way the personnel

18 have been treating me is completely fair. My health is very good. The

19 only thing that remains for me to do now is to wait.

20 JUDGE EL MAHDI: [Interpretation] Thank you very much. I think

21 that there is nothing else to deal with with regard to this issue. Yet

22 again, I would like to invite the parties to contact Mr. Harhoff for any

23 matters that need to be resolved, and I'm sure that he will not fail to

24 attempt to resolve any problems that may arise. And I think that we can

25 now adjourn. Thank you.

Page 92

1 --- Whereupon the Status Conference adjourned

2 at 2.40 p.m.