Tribunal Criminal Tribunal for the Former Yugoslavia

Page 70

1 Tuesday, 19 July 2005

2 [Status Conference]

3 [Open session]

4 [The Appellants entered court]

5 --- Upon commencing at 9.28 a.m.

6 JUDGE POCAR: Good morning, everybody. Mr. Registrar, would you

7 please call the case.

8 THE REGISTRAR: Yes, thank you, Your Honour. Case number

9 IT-98-34-A, the Prosecutor versus Mladen Naletilic and Vinko Martinovic.

10 JUDGE POCAR: Thank you. May I now call for the appearances for

11 the Prosecutor.

12 MS. KIND: Good morning, Your Honour, my name is Marie-Ursula

13 Kind, appearing today together with Senior Appeals Counsel, Norman Farrell

14 and Ms. Lourdes Galicia.

15 JUDGE POCAR: Thank you. And for Mr. Martinovic.

16 MR. PAR: [Interpretation] Good morning, Your Honour. My name is

17 Zelimir Par, attorney from Zagreb, and together with me Mr. Kerns,

18 attorney from the United States.

19 JUDGE POCAR: Thank you. For Mr. Naletilic.

20 MR. HENNESSY: Thank you, Your Honour. Good morning. Matthew

21 Hennessy here for Mr. Naletilic with Chris Meek.

22 JUDGE POCAR: Thank you, Mr. Hennessy. I'm sorry the column gets

23 into the way.

24 Well, this may be perhaps the last Status Conference we will

25 hear -- have in this appeal possibly. The last Status Conference was

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1 held in this case on the 17th of March, 2005. I don't think I have to

2 remind the parties of the purposes of the Status Conferences. They are

3 quite aware of the subjects that we are going to deal with in this case.

4 But first let me ask the Appellants if they have any concerns

5 relating to their detention conditions, to their health.

6 Yes, Mr. Hennessy?

7 MR. HENNESSY: Thank you, Judge. As to Mr. Naletilic, we have no

8 concerns, nothing to report.

9 JUDGE POCAR: I thank you.

10 MR. PAR: [Interpretation] Your Honours, the same applies to our

11 client, no complaints or any particular issues to raise for today.

12 JUDGE POCAR: Thank you. If that's the case, we can move on to

13 consider where we are with this appeal. First I would like to remind the

14 parties that on the 6th of June, 2005 the Appeals Chamber issued a

15 Scheduling Order setting the appeal hearings in this case for Monday

16 through Wednesday, 17 to 19 October, 2005.

17 I also want to note that the Prosecution has filed his seventh

18 status report on the 12th of May, 2005. I wish to note that in that

19 status report, if my understanding is correct, the Prosecutor communicated

20 that Prosecution has completed its review of materials for purposes of

21 disclosure to the Appellants, according to the Rule 68 of the Rules of

22 Procedure and Evidence. Is that correct?

23 MS. KIND: Yes, Your Honour, that's correct.

24 JUDGE POCAR: Now, if that is the case, I would urge the

25 Appellants to review the disclosed materials as expeditiously as possible.

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1 Perhaps I may inquire if they have -- how far are they with that review of

2 the material disclosed by the Prosecution. Yes, Mr. Meek?

3 MR. MEEK: May it please the Court, Your Honour, we have -- the

4 Registry finally allowed us some legal assistants who speak B/C/S and can

5 read these documents, and they've already gone through their hours. We

6 will have to speak with the Registry to try to get more hours. One is

7 approximately 35 per cent finished with the EDS documents. Documents that

8 have been in the Zagreb archives are being looked at and are about 40

9 per cent finished. And approximately, before July 4th, we had an e-mail

10 from the Registry to all Defence counsel stating that there was new

11 disclosures on the EDS system, and in looking through those it appears

12 that some of those documents relate to our case. So we are working on it,

13 Your Honour, and we hope to be able to get some more hours from the

14 Registry so we can complete that task.

15 JUDGE POCAR: I thank you. Anything for -- Mr. Par?

16 MR. PAR: [Interpretation] Your Honour, we have no particular

17 problems concerning the nature of the documents and we will be prepared

18 and ready on time.

19 JUDGE POCAR: I thank you. So again, I will urge the Defence of

20 Mr. Naletilic to review the materials as soon as possible, and if the case

21 arises, to file motions as promptly as possible, in order that we can

22 dispose of them in light of the appeals hearings next October.

23 MR. MEEK: I just want to pose the question, Your Honour. May it

24 please the Court, should the Registry not allow us any more hours, what do

25 we do, because Mr. Hennessy and I cannot read B/C/S and we have to have

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1 somebody that's -- who can do that for us or the documents are

2 meaningless. So I'm just posing the question to Your Honour.

3 JUDGE POCAR: This is a question I cannot answer now, of course,

4 but I will -- well, I will perhaps talk to the Registry myself and see how

5 things may develop in this sense.

6 Well, there is another issue I wanted to take up with the parties.

7 On the 23rd of February this year, the parties were requested by me to

8 file public versions of seven pleadings with International Tribunals.

9 Now, the public versions of the Prosecution and Martinovic filings have

10 been duly received. But we are still awaiting the filing of public

11 versions of some filings by Mr. Naletilic. That is essentially the brief

12 on appeal filed confidentially and under seal on the 15th of September,

13 2003, the revised brief of appeal of 10 October, and the reply to

14 Prosecution's response on 17 November 2003. I would like to ask the

15 Defence of Mr. Naletilic to file this public filings as soon as possible.

16 And I would like to remind you, Mr. Hennessy, that any redaction to the

17 filings should not alter the sequence of paragraphs and footnotes when you

18 file the documents as public documents.

19 I really would like to have this public versions soon. As soon as

20 possible.

21 What else? Well, I understand that there are no pending motions

22 at this moment in the case, so there is nothing to deal with, with this.

23 There are some decisions have been since the last Status

24 Conference issued by the Appeals Chamber but the parties are of course

25 aware of those decisions. I don't have to go back to them.

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1 Well, that's it, as far as I'm concerned. Are there any other

2 matters that the parties would like to raise at this juncture?

3 Prosecution?

4 MS. KIND: Thank you, Your Honour. No, the Prosecution has

5 nothing further to raise. Thank you.

6 JUDGE POCAR: Thank you. The Appellants?

7 MR. HENNESSY: Nothing for Mr. Naletilic, Your Honour.

8 JUDGE POCAR: Thank you.

9 MR. PAR: [Interpretation] The Defence of Mr. Martinovic has

10 nothing to raise either.

11 JUDGE POCAR: I thank you. If that is so, I think we can adjourn

12 this Status Conference.

13 The Status Conference stands adjourned.

14 --- Whereupon the Status Conference adjourned at

15 9.39 a.m.