Tribunal Criminal Tribunal for the Former Yugoslavia

Page 115

 1                           Tuesday, 13 September 2011

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 2.30 p.m.

 6             JUDGE LIU:  Good afternoon.  Good afternoon ladies and gentlemen.

 7     Madam Registrar, would you please call the case.

 8             THE REGISTRAR:  Good afternoon, Your Honour.  This is case number

 9     IT-05-87-A, the Prosecutor versus Sainovic et al.

10             JUDGE LIU:  Thank you.  May I now please have the appearances of

11     the parties.  For the Prosecution first.

12             MS. VERRALL:  Good afternoon, Your Honour.  For the Prosecution

13     my name is Saeeda Verrall, together with Laurel Baig and our Case Manager

14     Colin Nawrot.

15             JUDGE LIU:  Thank you.  And for the appellants, please.

16             MR. FILA: [Interpretation] Good afternoon, Mr. President.  I am

17     attorney Toma Fila, and I am defending Nikola Sainovic, thank you.

18             MR. VISNJIC: [Interpretation] Good afternoon, Your Honour.

19     Attorney Tomislav Visnjic, defending General Ojdanic.

20             MR. ALEKSIC: [Interpretation] Good afternoon, Your Honour.

21     Aleksander Aleksic on behalf of General Nebojsa Pavkovic's Defence.

22             JUDGE LIU:  Thank you.

23             MR. CEPIC:  Good afternoon, Your Honour.  I'm Djuro Cepic and

24     today I represent Defence team of General Vladimir Lazarevic.

25             JUDGE LIU:  Thank you.

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 1             MR. IVETIC:  Good afternoon, Your Honour.  Dan Ivetic along with

 2     lead counsel Branko Lukic, appearing on behalf of Mr. Sreten Lukic.

 3             JUDGE LIU:  Thank you very much.

 4             Before we start, I would like to know whether all the parties can

 5     hear the proceedings in a language that they understand.

 6             Mr. Sainovic.

 7             THE APPELLANT SAINOVIC: [Interpretation] Yes, Your Honour.

 8             JUDGE LIU:  Mr. Ojdanic.

 9             THE APPELLANT OJDANIC: [Interpretation] I can hear.

10             JUDGE LIU:  Mr. Pavkovic.

11             THE APPELLANT PAVKOVIC: [Interpretation] I can hear everything

12     well.

13             JUDGE LIU:  Mr. Lazarevic.

14             THE APPELLANT LAZAREVIC: [Interpretation] Everything is fine.

15             JUDGE LIU:  Mr. Lukic.

16             THE APPELLANT LUKIC: [Interpretation] Yes, I understand.

17             JUDGE LIU:  Thank you.

18             This Status Conference is called in accordance with

19     Rule 65 bis (B) of the Rules of Procedure and Evidence of the Tribunal,

20     which requires a Status Conference to be convened every 120 days during

21     the appeal proceedings to allow that any person in custody pending appeal

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

23     and physical condition of that person.

24             In the present case, the last Status Conference was held on the

25     17th May 2011.  Today's Status Conference was scheduled by order issued

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 1     on the 30th June 2011.

 2             First, I would like to inquire into the status of the detention

 3     conditions and the health situation of all the appellants.  If you have

 4     any concerns in relation to the detention condition or your state of

 5     health that cannot be resolved through the standard procedures, I would

 6     invite you to raise them now.  If you wish, the discussion can take place

 7     in private session.

 8             Yes.  Are there any issues that the parties would like to raise?

 9     Well, it seems to me there is none, which is a surprise to me.

10             Now I will recall the recent procedural history of this case.

11     Before we turn to any issues that parties may wish to raise, I would like

12     to briefly note a few recent procedural matters.

13             At the last Status Conference, I indicated that the deadline for

14     any party wishing to file a motion to vary their grounds of appeal

15     following the translation of the trial judgement into B/C/S would expire

16     on the 14th of June, 2011.  Mr. Lukic was the only party to file such

17     motion within the prescribed time limit.  On the 9th September 2011, the

18     Appeals Chamber dismissed his re-filed motion requesting leave to vary

19     his notice of appeal and the appeal brief.  Accordingly, the translation

20     of the trial judgement into B/C/S will no longer constitute good cause

21     for any party seeking to vary their grounds of appeal under Rule 108 of

22     the Rules.  There are currently no pending motions in the present case.

23             At this point, I would like to ask the parties whether they have

24     any other issues that they would like to raise at this time.

25             Are there any other issues the Prosecution would like to raise?

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 1             MS. VERRALL:  There are no issues on behalf of the Prosecution,

 2     Your Honour.  Thank you.

 3             JUDGE LIU:  Thank you.  Now I turn to counsel for Mr. Sainovic.

 4     Do you have any other issues that you would like to raise?

 5             MR. FILA:  No.  No, Mr. President.

 6             JUDGE LIU:  Thank you.  Thank you very much.

 7             Counsel for Mr. Ojdanic.

 8             MR. VISNJIC: [Interpretation] Your Honour, we have no special

 9     issues.

10             JUDGE LIU:  Thank you.

11             Counsel for Mr. Pavkovic.

12             MR. ALEKSIC: [Interpretation] No, Your Honour.  At the moment, we

13     have no issues.

14             JUDGE LIU:  Thank you.

15             Counsel for Mr. Lazarevic.

16             MR. CEPIC:  At this moment nothing to raise, Your Honour.

17             JUDGE LIU:  Thank you.

18             Counsel for Mr. Lukic.

19             MR. IVETIC:  Your Honour, we have nothing now to raise on behalf

20     of the Lukic Defence.  Thank you.

21             JUDGE LIU:  Well, I believe that is the shortest Status

22     Conference in this Tribunal.  This concludes today's Status Conference.

23     I thank the parties for their attendance and adjourn the proceedings.

24                           --- Whereupon the hearing adjourned at 2.39 p.m.