Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 9 February 2011

 2                           [Open session]

 3                           [The appellants entered court]

 4                           [The appellant Gvero not present]

 5                           --- Upon commencing at 3.00 p.m.

 6             JUDGE ROBINSON:  I will ask the Registrar to call the case.

 7             THE REGISTRAR:  Good afternoon, Your Honour.

 8             This is case number IT-05-88-A, the Prosecutor versus

 9     Vujadin Popovic et al.

10             JUDGE ROBINSON:  May I have the appearances, beginning with the

11     Prosecution.

12             MR. KREMER:  Good afternoon, Mr. President.

13             On behalf of the Prosecution, Peter Kremer.  I'm assisted by

14     Ingrid Elliott and Francois Boudreault, and our Case Manager with us

15     today is Janet Stewart.

16             JUDGE ROBINSON:  Thank you, Mr. Kremer.

17             And for the Defence, can we begin with counsel for Mr. Popovic.

18             MR. ZIVANOVIC:  Good afternoon, Your Honour.

19             On behalf of Mr. Vujadin Popovic, Zoran Zivanovic, lead counsel.

20             JUDGE ROBINSON:  Thank you.

21             Then for Mr. Beara.

22             MR. OSTOJIC:  Thank you, Mr. President.  Good afternoon.

23             My name is John Ostojic.  I'm here for Mr. Beara.

24             JUDGE ROBINSON:  Thank you.

25             Mr. Nikolic.

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 1             MS. NIKOLIC: [Interpretation] Good afternoon, Your Honour.

 2     Jelena Nikolic, counsel for Mr. Drago Nikolic.

 3             JUDGE ROBINSON:  Thank you.

 4             Mr. Miletic.

 5             MS. FAUVEAU: [Interpretation] Good morning [as interpreted].  I

 6     represent Mr. Milanovic [as interpreted].

 7             JUDGE ROBINSON:  And Mr. Pandurevic.

 8             MR. DAVIS:  Good afternoon, Your Honour.  My name is Simon Davis,

 9     co-counsel to Peter Haynes.  I'm accompanied today by Kinga Tibori.

10             JUDGE ROBINSON:  Thank you.

11             Today we have Mr. Borovcanin.  Mr. Borovcanin has not appealed,

12     but I have exceptionally allowed him to be present so that when the time

13     comes, he will be able to make any representation that he wishes about

14     the conditions of his detention or, indeed, about any other matter

15     relating to the case.

16             THE INTERPRETER:  Interpreter correction:  Mrs. Fauveau

17     represented Mr. Miletic.

18             MS. CMERIC:  Yes, Mr. President.  Good afternoon.

19             Tatjana Cmeric on behalf of Mr. Borovcanin, and I thank you for

20     having us here today.

21             JUDGE ROBINSON:  Thank you.

22             I want to deal with some matters -- yes.

23             MR. JOSSE:  Excuse me for interrupting, Your Honour.

24             My name is David Josse.  I'm here with Miroslav Kusic, our

25     Case Manager, for the absent Milan Gvero.  We made inquiries of the

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 1     Chamber and were told that we did need to attend this particular hearing.

 2             JUDGE ROBINSON:  Well, you are very welcome.

 3             MR. JOSSE:  Thank you, Your Honour.

 4             JUDGE ROBINSON:  I was indicating that before I hear from the

 5     appellants, whether they have anything to say, I have some matters that I

 6     wish to deal with.

 7             On the 8th of September last year, the notice of appeal for

 8     Mr. Popovic, Mr. Beara, Mr. Nikolic, Mr. Miletic, Mr. Pandurevic, and the

 9     Prosecution were filed.  The notices of appeal for Mr. Beara,

10     Mr. Miletic, and the Prosecution were filed publicly.  I note, however,

11     that at present only the confidential versions of the notices of appeal

12     for Mr. Popovic, Mr. Nikolic, and Mr. Pandurevic have been filed.  I am,

13     therefore, ordering that the public redacted versions of these

14     appellants' notices of appeal be filed no later than the 9th of March,

15     2011.

16             On the 20th of October, 2010, I issued a decision granting, in

17     part, several motions for extension of time and word limits, and ordering

18     that:  The appellant briefs be filed no later than the 21st of January,

19     2011; that the respondents' briefs be filed no later than the

20     4th of April, 2011; and that the reply briefs be filed no later than the

21     2nd of May, 2011.  I further ordered that:  The appeal briefs for

22     Mr. Nikolic, Mr. Popovic, Mr. Beara, and Mr. Miletic not exceed

23     40.000 words each; that the Prosecution's response brief not exceed

24     190.000 words; and that the reply briefs of Mr. Nikolic, Mr. Popovic,

25     Mr. Beara, and Mr. Miletic not exceed 12.000 words each.

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 1             On the 21st of January, 2011, the appeal briefs for Mr. Popovic,

 2     Mr. Beara, Mr. Miletic, Mr. Nikolic, Mr. Pandurevic, and the Prosecution

 3     were filed, and I note that today Mr. Nikolic filed a confidential

 4     corrigendum to his appellant's brief, clarifying typographical errors.

 5             The Prosecution filed the confidential version of its appeal

 6     brief on the 21st of January and the public redacted version of its brief

 7     on the 25th of January, 2011, but I note that to date only the

 8     confidential versions of the appeal briefs for the remaining appellants

 9     have been provided.  As such, I now order that the public redacted

10     versions of these appeal briefs be filed no later than the

11     11th of April, 2011.

12             As far as the parties' books of authorities are concerned, I see

13     that the Prosecution and counsel for Mr. Nikolic and Mr. Pandurevic each

14     filed their book of authorities on the 21st of January, 2011.  I also

15     note that the Miletic Defence filed its book of authorities on the

16     24th of January, 2011, and that an addendum to Mr. Nikolic's book of

17     authorities was filed on the 27th of January, 2011.  We are still

18     awaiting Mr. Popovic's and Mr. Beara's book of authorities, and

19     consequently, I now order counsel for those appellants to file their

20     client's book of authorities no later than the 23rd of February, 2011.

21             I now want to move into private session.

22                           [Private session]

23   (redacted)

24   (redacted)

25   (redacted)

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 7                           [Open session]

 8             THE REGISTRAR:  We're now in open session, Your Honour.

 9             JUDGE ROBINSON:  I now wish to inquire into the conditions of

10     detention and the state of the health of each of the appellants present,

11     and I'm going to begin with Mr. Popovic.

12             Please stand.

13             May I ask, Mr. Popovic, whether you wish to raise any concerns

14     regarding your health or conditions of your detention.

15             THE APPELLANT POPOVIC: [Interpretation] As far as detention or my

16     health are concerned, there's nothing I would raise at this time.

17             JUDGE ROBINSON:  Thank you very much.  You may be seated.

18             We'll now turn to Mr. Beara, and may I ask you the same question,

19     Mr. Beara.

20                           [Trial Chamber and Registrar confer]

21             JUDGE ROBINSON:  Yes.  I'm going to ask you the same question,

22     Mr. Beara, and that is whether you wish to raise any concerns regarding

23     your health or the conditions of your detention.

24             THE APPELLANT BEARA: [Interpretation] Nothing in particular,

25     Your Honour.  Everything is as it should be and as is usual.

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 1             JUDGE ROBINSON:  Thank you very much.  I am very pleased to hear

 2     that.

 3             THE APPELLANT BEARA: [Interpretation] Thank you.

 4             JUDGE ROBINSON:  And Mr. Nikolic, do you have any matters to

 5     raise regarding your detention or your health?

 6             THE APPELLANT NIKOLIC: [Interpretation] Mr. President, I'm in

 7     good health, and I don't have any specific issues to raise regarding

 8     detention.

 9             JUDGE ROBINSON:  Thank you very much.

10             Mr. Miletic.

11             THE APPELLANT MILETIC: [Interpretation] Your Honour, as regards

12     detention or my health, well, it's as normal for my age, so I don't have

13     anything in particular to raise.

14             JUDGE ROBINSON:  Thank you very much.

15             And Mr. Pandurevic.

16             THE APPELLANT PANDUREVIC: [Interpretation] Your Honour,

17     detention, the conditions are all right, and my health is satisfactory.

18     Thank you.

19             JUDGE ROBINSON:  Thank you very much.

20             Mr. Borovcanin.

21             THE APPELLANT BOROVCANIN: [Interpretation] Thank you,

22     Your Honour.

23             I don't have anything in particular to raise, save for the fact

24     that in the meantime, I met with the Registrar or his representative on

25     three occasions regarding my status.  And apart from that, there's

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 1     nothing specific I'd like to raise.

 2             JUDGE ROBINSON:  Thank you very much.  We appear to be in a state

 3     of perfection.

 4             May I ask whether counsel would wish to raise any matter?  Yes.

 5             MR. ZIVANOVIC:  Not at the moment, Your Honour.  Thank you.

 6             MR. OSTOJIC:  Thank you, Mr. President.

 7             The only issue that comes up is the translation of the trial

 8     judgement.  My client has mentioned, on several occasions, that I should

 9     inquire.  We just don't know when we'll be able to get that in the

10     language that they could understand so that they could assist us at least

11     part of the appeal.  So it's important.  Although we've translated most

12     of it or some of it directly related to him, I think it's important,

13     based on the Rules, that he be given a complete translation in a language

14     which he understands.

15             And that's all.

16             JUDGE ROBINSON:  Yes, you're absolutely right, he's entitled to

17     have it translated.  I'm going to make an inquiry.

18                           [Trial Chamber and Legal Officer confer]

19             JUDGE ROBINSON:  Well, as you know, it's a very long judgement,

20     running into some 800 pages.  The translators are working as fast as they

21     can, and the information that I have is that the translation should be

22     completed before the Christmas recess of this year.  Now, that does

23     appear to be a little way off, and I will follow up on it and contact you

24     with the latest information.

25             Does any other counsel have any matter to raise?

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 1             MR. DAVIS:  Your Honour, on behalf of Mr. Pandurevic, I put my

 2     learned friend Mr. Kremer on notice earlier, before the hearing, and I'll

 3     give, obviously, notice to Your Honour and the Court that hopefully on

 4     Friday of this week, an urgent motion for provisional release is to be

 5     submitted on behalf of Mr. Pandurevic.  I'm not going to go into the

 6     basis of that or the motion, itself, for today's purposes, but for

 7     obvious reasons he would wish that that be dealt with urgently.

 8             JUDGE ROBINSON:  Yes, that is the custom.  A motion for

 9     provisional release affecting the liberty of the person is always dealt

10     with speedily.

11             Any matters from the Prosecution or any other counsel?  Yes.

12             MR. JOSSE:  Could I invite the court go into private session,

13     please.

14             JUDGE ROBINSON:  Private session.

15                           [Private session]

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20                           [Open session]

21             THE REGISTRAR:  We are in open session, Your Honours.

22             JUDGE ROBINSON:  There being no other matters to be raised, the

23     hearing is adjourned.

24                           --- Whereupon the Status Conference adjourned

25                           at 3.23 p.m.