Tribunal Criminal Tribunal for the Former Yugoslavia

Page 36

1 Monday, 14 November 2005

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 9.03 a.m.

6 JUDGE GUNEY: [Interpretation] Good morning to all.

7 Could the registrar call the case, please.

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

9 IT-02-60/1-A, Momir Nikolic versus The Prosecutor.

10 JUDGE GUNEY: [Interpretation] Thank you.

11 Mr. Nikolic, can you follow the proceedings in a language that you

12 understand?

13 THE APPELLANT: [Interpretation] I'm not receiving interpretation.

14 JUDGE GUNEY: [Interpretation] Obviously there's a technical

15 problem. Can you now hear me? Mr. Nikolic, can you now -- can you hear

16 me, Mr. Nikolic?

17 THE APPELLANT: [Interpretation] I can hear only French. No, I'm

18 not receiving interpretation.

19 [Technical difficulty]

20 JUDGE GUNEY: [Interpretation] Mr. Nikolic, can you follow the

21 proceedings in a language that you understand?

22 I have just been told that the technicians will try to solve the

23 problem.

24 THE INTERPRETER: It seems to be working now.

25 It should be channel 6. B/C/S should be channel 6.

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1 THE APPELLANT: [Interpretation] Yes, I can hear it now.

2 JUDGE GUNEY: [Interpretation] Mr. Nikolic, are you able to confirm

3 that you can follow the proceedings in a language that you understand?

4 THE APPELLANT: [Interpretation] Yes, Your Honour. I confirm that

5 I can follow the proceedings in a language I understand.

6 JUDGE GUNEY: [Interpretation] Thank you, Mr. Nikolic. You may sit

7 down.

8 THE APPELLANT: [Interpretation] Thank you.

9 JUDGE GUNEY: [Interpretation] Can the parties introduce

10 themselves. And I will start with the members of the Office of the

11 Prosecutor, please.

12 MR. KREMER: Yes, Your Honour. Peter Kremer, representing the

13 Prosecution. Marie-Ursula Kind is with me.

14 THE INTERPRETER: Microphone, please.

15 MR. KREMER: I'm sorry. Lourdes Galicia is also here.

16 JUDGE GUNEY: [Interpretation] Thank you, Mr. Kremer.

17 Thank you very much, Mr. Kremer. And I would like the Defence

18 counsel to introduce themselves.

19 MR. TANSEY: Rock Tansey and John Livingston for Mr. Nikolic.

20 JUDGE GUNEY: Thank you. [Interpretation] Thank you. In this

21 case, Mr. Nikolic has filed a notice of appeal against a judgement

22 pronounced on December 2nd, 2003. Whilst awaiting the hearing on appeal,

23 Mr. Nikolic is detained in the Detention Unit of the United Nations in The

24 Hague, in the Netherlands. In accordance with the provisions of Rule 65

25 bis (B) of the Rules of Procedure and Evidence of the Tribunal, a Status

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1 Conference is convened within 120 days after the last Status Conference,

2 to allow the person in custody, pending appeal, the opportunity to raise

3 issues in relation thereto, including the mental and physical condition of

4 the person.

5 Mr. Nikolic, or I'm turning to your counsel, would you like to

6 inform me of any concern related to the condition of your detention or to

7 your state of health? Mr. Nikolic, you have the floor.

8 THE APPELLANT: [Interpretation] Thank you, Your Honour. I have no

9 complaints concerning the Detention Unit or my detention, but I said even

10 the last time that I do have certain health problems, and I'm undergoing

11 intensive treatment at the Detention Unit in keeping with their abilities.

12 JUDGE GUNEY: [Interpretation] Thank you very much. I take note of

13 what you have just told us, and you may sit down, please.

14 THE APPELLANT: [Interpretation] Thank you.

15 JUDGE GUNEY: [Interpretation] As far as the appeal status is

16 concerned, I note that there is no pending application before the Trial

17 Chamber. The Scheduling Order of the 19th October 2005 has informed the

18 parties that the appeal hearing will take place on the 5th of December,

19 2005, between 9.00 and 10.30. I have nothing further to add, and I would

20 like to know whether the parties would like to raise any question or any

21 issue.

22 Mr. Kremer?

23 MR. KREMER: We have nothing to raise or to add at this time.

24 THE INTERPRETER: Microphone, please.

25 JUDGE GUNEY: [Interpretation] Thank you, Mr. Kremer.

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1 And I would like to turn towards the Defence. Mr. Tansey.

2 MR. TANSEY: [Previous translation continues]... thank you.

3 JUDGE GUNEY: [Interpretation] Thank you. If there is no further

4 question, this Status Conference can now be adjourned. It is so decided.

5 --- Whereupon the Status Conference adjourned

6 at 9.12 a.m.