Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Thursday, 9 May 2013

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 2.47 p.m.

 6             JUDGE ROBINSON:  Mr. Registrar, please call the case.

 7             THE REGISTRAR:  Good afternoon, Your Honour.  This is the case

 8     number IT-05-88-A, the Prosecutor versus Popovic et al.  Thank you.

 9             JUDGE ROBINSON:  And the appearances, beginning with the

10     Prosecution.

11             MS. SOLJAN:  Good afternoon, Your Honour, everybody.  On behalf

12     of the Prosecution, my name is Lada Soljan, and my colleagues

13     Virginie Monchy and Janet Stewart.

14             JUDGE ROBINSON:  Thank you.

15             Defence.

16             MS. TAPUSKOVIC: [Interpretation] Good afternoon, Your Honours.  I

17     am Mira Tapuskovic, co-counsel for Vujadin Popovic.

18             MR. OSTOJIC:  Good afternoon, Your Honour.  My name is

19     John Ostojic.  I am here on behalf of Mr. Ljubisa Beara.

20             MS. NIKOLIC: [Interpretation] Good afternoon, Your Honours.

21     Jelena Nikolic, attorney-at-law, appearing on behalf of Mr. Nikolic.

22             JUDGE ROBINSON:  Thank you.

23             And Mr. Miletic.

24             MS. FAUVEAU:  Good afternoon, Your Honour.

25     Natacha Fauveau-Ivanovic, together with my co-counsel, Mr. Nenad Petrusic

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 1     for Radivoje Miletic.

 2             JUDGE ROBINSON:  Thank you.

 3             And for Mr. Pandurevic.

 4             MR. HAYNES:  Good afternoon, Your Honour, Peter Haynes and

 5     Simon Davis for Vinko Pandurevic.

 6             JUDGE ROBINSON:  As you know, this appeal previously had six

 7     Defence Appellants, but the appellate proceedings with respect to

 8     Milan Gvero were terminated by the Appeals Chamber in a decision on the

 9     7th of March, 2013, following his death.  On behalf of the Tribunal, I'd

10     like to extend my sincere condolences to his family.

11             I begin with a summary of recent decisions apart from the

12     termination decision to which I just referred.  First, on the

13     30th of January, 2013, the Appeals Chamber issued a decision granting an

14     urgent motion filed by Mr. Popovic for custodial release on compassionate

15     grounds, and similar to this decision on 7th February 2013, the

16     Appeals Chamber issued a decision on the Prosecution's urgent motion

17     concerning the sufficiency of guarantees received in support of

18     Mr. Popovic's custodial release.

19             On the 20th of February, 2013, the Chamber granted in part

20     Mr. Ratko Mladic's request for access to confidential to material in the

21     Popovic et al. case.  On the 7th of March, the Chamber issued a decision

22     terminating appellate proceedings in relation to Mr. Milan Gvero.  And

23     finally, on the 15th of April, 2013, the Chamber issued a decision

24     denying two motions filed by Mr. Miletic, his first and second motions

25     pursuant to Rule 115.

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 1             May I follow-up on the Appeals Chamber's public decision on the

 2     motion by Ratko Mladic for access to confidential information dated the

 3     20th of February, 2013.  You recall that pursuant to that decision, the

 4     Prosecution and the Defence teams were ordered, among other things, to

 5     file before the Appeals Chamber and the Registry within 10 working days

 6     from the date of that decision lists identifying material related to

 7     personal information about the Popovic et al. case, Defence and their

 8     family members, as well as lists identifying any material provided under

 9     Rule 70 of the Rules.

10             I have to note that the Defence for Mr. Beara has not yet filed

11     these lists.  I've been informed by the Registry that the Beara Defence

12     sought to file a notice on this issue in April, but due to an incorrect

13     cover page it could not be filed.  I therefore order that the Defence for

14     Mr. Beara file these lists by Friday, the 10th of May, 2013.

15             I now provide a brief summary of the status of the pending

16     motions before the Appeals Chamber in this case.  The Chamber is

17     currently seized of, one, two motions filed by Mr. Popovic, his third and

18     fourth motions pursuant to Rule 115, filed on the 15th of August, 2011,

19     and the 19th of September, 2011, respectively.  All responses and replies

20     have been received by the Appeals Chamber and the motions remain under

21     consideration by the Chamber.

22             I remind all parties of their obligation to provide translations

23     of all documents and exhibits filed into one of the working languages of

24     the Tribunal.

25             Secondly, a motion filed on the 18th of March, 2013, by

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 1     Dr. Radovan Karadzic requesting access to exculpatory non-privileged

 2     material.  The Prosecution filed its response on the 27th of March, 2013,

 3     and the motion remains under consideration by the Chamber.

 4             Let me touch upon one matter that was raised at the last

 5     Status Conference.  I refer to the request by counsel for Mr. Nikolic,

 6     which was joined by counsel for Mr. Beara, that a minimum of two months'

 7     notice be given by the Chamber to the parties before the oral hearing in

 8     this case takes place.  At that time I told the parties that this request

 9     would be taken into consideration.  It is still too soon to begin the

10     formal process of scheduling the appeals hearing, but it would certainly

11     be the expectation of the Chamber to issue a Scheduling Order at least

12     two months in advance of the scheduled hearing dates.

13             I turn now to the question of conditions of detention and the

14     state of health, and I will ask each appellant whether he wishes to raise

15     any concerns regarding his health or the conditions of detention.

16             Mr. Popovic, do you have anything to raise?

17             THE APPELLANT POPOVIC: [Interpretation] Your Honour, as regards

18     the life in the Detention Unit, there are no issues to raise.  However, I

19     would like to express my gratitude personally to the Appeals Chamber to

20     have released me following my mother's death, and I believe I have fully

21     justified the reasons for that and that your trust placed in me in

22     releasing me was justified in the same vein.  Thank you.

23             JUDGE ROBINSON:  Thank you, Mr. Popovic.  It was the least we

24     could do in the circumstances, and again our apologies on the passing of

25     your mother.

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 1             Mr. Beara.

 2             THE APPELLANT BEARA: [Interpretation] Nothing to raise,

 3     Your Honour.

 4             JUDGE ROBINSON:  Thank you.

 5             Mr. Nikolic.

 6             THE APPELLANT NIKOLIC: [Interpretation] Mr. President, I am of

 7     good health and there are no other issues to raise.  Thank you.

 8             JUDGE ROBINSON:  Thank you.

 9             Mr. Miletic.

10             THE APPELLANT MILETIC: [Interpretation] Mr. President, there are

11     no particular issues to raise.

12             THE INTERPRETER:  Interpreter's note:  Could Mr. Popovic's

13     microphone be switched off.  Thank you.

14             JUDGE ROBINSON:  Mr. Pandurevic.

15             THE APPELLANT PANDUREVIC: [Interpretation] Your Honour,

16     everything is fine.  There is nothing to raise.  Thank you.

17             JUDGE ROBINSON:  Thank you.

18             And I now ask whether there are any additional matters to be

19     raised by the Prosecution or the Defence on behalf of the Prosecution?

20             MS. SOLJAN:  Your Honour, the Prosecution has no issues to raise

21     at this time.

22             JUDGE ROBINSON:  Yes.

23             MS. SOLJAN:  Thank you.

24             JUDGE ROBINSON:  Any of the Defence teams?  It appears that there

25     is no issue to be raised by the Defence teams.

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 1             And there being no other matters for consideration, the hearing

 2     is adjourned.

 3                           --- Whereupon the Status Conference

 4                           adjourned at 2.59 p.m.