120924SC

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1 Monday, 24 September 2012

2 [Status Conference]

3 [Open session]

4 [The appellants entered court]

5 --- Upon commencing at 3.31 p.m.

6 JUDGE GUNEY: [Interpretation] Good day to everyone.

7 The hearing on appeal is now open.

8 Mr. Registrar, could you please call the case number.

9 THE REGISTRAR: Thank you. And good afternoon, Your Honour.

10 This is case number IT-98-32/1-A, The Prosecutor versus Milan

11 Lukic and Sredoje Lukic.

12 JUDGE GUNEY: [Interpretation] Thank you.

13 Mr. Milan Lukic, are you able to follow the proceedings in a

14 language that you understand?

15 THE APPELLANT M. LUKIC: [Interpretation] Yes, I can, Your Honour.

16 JUDGE GUNEY: [Interpretation] Thank you.

17 Mr. Sredoje Lukic, can you hear and follow the proceedings in a

18 language that you understand?

19 THE APPELLANT S. LUKIC: [Interpretation] Yes, I can, Your Honour.

20 JUDGE GUNEY: [Interpretation] That's perfect. Please sit down.

21 I would now like to have the introductions for the parties or the

22 presentations for the parties.

23 Could we start with the Prosecution, please.

24 MS. MONCHY: [Interpretation] Good afternoon, Your Honours.

25 Virginie Monchy and Kyle Wood for the Prosecution, with Mr. Colin Nawrot

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1 our assistant.

2 JUDGE GUNEY: [Interpretation] Thank you.

3 I'm now addressing Mr. Milan Lukic's Defence team.

4 MR. VISNJIC: [Interpretation] Good day, Your Honour. On behalf

5 of Milan Lukic, Tomislav Visnjic and Dragan Ivetic.

6 JUDGE GUNEY: [Interpretation] Thank you.

7 I now, turn to the representatives of Mr. Sredoje Lukic's Defence

8 team.

9 MR. CEPIC: Good afternoon, Your Honour. On behalf of the

10 Sredoje Lukic Defence team, myself, Djuro Cepic is with counsel on my

11 left hand-hand side, Mr. Jens Dieckmann as co-counsel, and on my

12 right-hand side, Mr. Mile Mitrovic as our assistant. Thank you.

13 JUDGE GUNEY: [Interpretation] Thank you.

14 I would like to inform you that this Status Conference has been

15 convened pursuant Rule 65 bis (B) and (C) of the Rules of Procedure,

16 according to which a Status Conference shall be convened within 120 days

17 of the filing of a Notice of Appeal, and, thereafter, within 120 days

18 after the last Status Conference. The main objective of a

19 Status Conference is to allow any person in custody, pending appeal, the

20 opportunity to raise issues in relation thereto, including the mental and

21 physical condition of that person.

22 This is the ninth Status Conference within the framework of the

23 appeal proceedings. The last Status Conference took place on the 24th of

24 May, 2012. The parties have agreed to have this Status Conference held

25 after the 120-day-time limit. This is due to counsels' availability.

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1 We intend to file the appeal Judgement before the winter recess

2 in 2012. Unfortunately, it is not possible for me to provide anymore

3 precise information.

4 I'd now like to address Mr. Milan Lukic and Sredoje Lukic in

5 order to ask them about the conditions in the Detention Unit and about

6 their health.

7 First of all, I would like to address Mr. Milan Lukic. Are there

8 any issues you would like to raise that concern the conditions in the

9 Detention Unit or that concern your health.

10 THE APPELLANT M. LUKIC: [Interpretation] As far as my health --

11 as I'm concerned, Your Honour, I have a heavy cold, a flu today, and out

12 of respect to you, I came to attend this Status Conference.

13 As for the detention conditions in the Detention Unit, during the

14 past seven years of my stay there I have never had any problem, either

15 from guards or the management of the Detention Unit or anyone else.

16 Likewise, I myself never caused any problems. I wasn't responsible for

17 any violation. I have no complaints concerning the conditions of my

18 detention.

19 That's all I have to say.

20 JUDGE GUNEY: [Interpretation] Thank you very much. You may sit

21 down.

22 I have taken note of your concerns, and pursuant to Rule 81 on

23 the conditions in the Detention Unit, you can file a request with the

24 commander or complaint at any point in time, and, if necessary, you can

25 file such a complaint with the Registrar. Thank you yet again.

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1 And I'm now addressing Mr. Sredoje Lukic.

2 Mr., Lukic, are there any issues you would like to raise that

3 concern the conditions in the Detention Unit or that concern your health?

4 You have the floor.

5 THE APPELLANT S. LUKIC: [Interpretation] Thank you, Your Honour,

6 for giving me the floor. And the conditions are regular, as they have

7 been so far.

8 I have nothing else to add.

9 JUDGE GUNEY: [Interpretation] Thank you very much. You may sit

10 down.

11 I am happy to hear that everything is fine, as was previously the

12 case, too.

13 Finally, I would like to ask the parties if there are any issues

14 they would like to raise at this Status Conference. First of all, I'm

15 turning to the representative of the Prosecution. You have the floor.

16 MS. MONCHY: [Interpretation] Thank you, Mr. President.

17 For the moment, we have no issues to raise.

18 JUDGE GUNEY: [Interpretation] Thank you. I have taken note of

19 what you have said.

20 Do Mr. Milan Lukic's Defence counsel have any issues they would

21 like to raise?

22 MR. VISNJIC: [Interpretation] Thank you, Your Honour. We have

23 nothing to raise.

24 JUDGE GUNEY: [Interpretation] Thank you.

25 I'm now turning to the representatives of Mr. Sredoje Lukic's

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1 Defence team. Are there any issues you would like to raise at this point

2 in time?

3 MR. CEPIC: Thank you, Your Honour. Nothing to raise at this

4 moment.

5 JUDGE GUNEY: [Interpretation] Thank you very much.

6 As far as I am concerned, I have no other issues to raise, and,

7 therefore, I believe that we can close today's hearing. I would like to

8 thank the parties for their participation and the Tribunal's personnel

9 for their assistance in organising this Status Conference.

10 The hearing is adjourned.

11 --- Whereupon the Status Conference adjourned

12 at 3.42 p.m.