Tribunal Criminal Tribunal for the Former Yugoslavia

Page 607

 1                           Thursday, 3 April 2014

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused entered court]

 5                           [The accused Popovic not present]

 6                           --- Upon commencing at 11.01 a.m.

 7             JUDGE SEKULE:  Good morning, everyone.

 8             Will the Registrar call the case, please.

 9             THE REGISTRAR:  Good morning, Your Honour.  This is the case

10     number IT-05-88-A, the Prosecutor versus Popovic et al.

11             JUDGE SEKULE:  Thank you, Registry.

12             [Microphone not activated] May I have the appearances beginning

13     with the Prosecution, please, if I may.

14             MR. WOOD:  Good morning, Your Honour.  Kyle Wood and

15     Todd Schneider for the Prosecution, along with Case Manager

16     Janet Stewart.

17             JUDGE SEKULE:  Thank you, learned counsel.

18             May I also have the appearance for the Defence for Mr. Popovic,

19     please.

20             MS. TAPUSKOVIC:  Good morning, Your Honour.  My name is

21     Mira Tapuskovic, co-counsel for Vujadin Popovic.

22             JUDGE SEKULE:  Thank you, learned counsel.

23             And for Mr. Beara.

24             MR. OSTOJIC:  Good morning, Your Honour.  John Ostojic on behalf

25     of Mr. Beara.  Good morning.

Page 608

 1             JUDGE SEKULE:  Thank you, learned counsel.

 2             And for Mr. Nikolic, please.

 3             MR. BOURGON:  Good morning, Mr. President.  I am representing

 4     Drago Nikolic, Stephane Bourgon from Montreal, Canada.  Thank you.

 5             JUDGE SEKULE:  Thank you, learned counsel.

 6             And for Mr. Miletic.

 7             MS. FAUVEAU:  Good morning, Your Honour.

 8     Natacha Fauveau Ivanovic with Nenad Petrusic for Radivoje Miletic.

 9             JUDGE SEKULE:  Thank you, learned counsel.

10             And finally Mr. Pandurevic.

11             MR. HAYNES:  Good morning, Your Honour.  Peter Haynes for

12     Vinko Pandurevic, with my case manager Helena Tosic.

13             JUDGE SEKULE:  Thank you, learned counsel.

14             [Microphone not activated] Yes.  Before we continue I would like

15     to confirm that all the appellants are able to follow the proceedings in

16     a language they understand.

17             MS. TAPUSKOVIC:  Your Honour, sorry for interrupting you,

18     Mr. Popovic already sent his waiver and he is going to be represented

19     while he's absent by me.  Thank you.

20             JUDGE SEKULE:  Okay.  Yes.  He has waived his right to be present

21     in this proceeding; is that correct, learned counsel?

22             MS. TAPUSKOVIC:  Yes.

23             JUDGE SEKULE:  And the matter is on record --

24             MS. TAPUSKOVIC:  Yes.

25             JUDGE SEKULE:  -- Registry?

Page 609

 1             MS. TAPUSKOVIC:  Your Honour, just before the commencement of

 2     this Status Conference, I contacted the Registry and they told me that

 3     his waiver is already filed.

 4             JUDGE SEKULE:  Okay.

 5             MS. TAPUSKOVIC:  Thank you.

 6             JUDGE SEKULE:  Okay.  We take due note of that.  So Mr. Popovic

 7     is not here for the reason that has been outlined in his waiver notice

 8     that has been filed already with the Registry.

 9             Mr. Beara.

10             THE APPELLANT BEARA: [Interpretation] [No interpretation]

11             JUDGE SEKULE:  Can you repeat what you said?  I'm sorry, I missed

12     that, Mr. Beara.

13             THE APPELLANT BEARA: [Interpretation] [No interpretation]

14             JUDGE SEKULE:  There is no interpretation.

15             THE INTERPRETER:  Can you hear the interpretation now?

16             JUDGE SEKULE:  Yes, I hear you but I haven't heard the

17     interpretation.

18             THE INTERPRETER:  Interpreter's note:  We cannot hear the judge

19     now.

20             THE APPELLANT BEARA: [Interpretation] [In English] I said I hear

21     clear and loud.

22             JUDGE SEKULE:  Okay.  Thank you.

23             Mr. Nikolic.

24             THE APPELLANT NIKOLIC: [Interpretation] Mr. President, I can hear

25     the proceedings in a language I understand.  Thank you.

Page 610

 1             JUDGE SEKULE:  Thank you.

 2             And Mr. Miletic.

 3             THE APPELLANT MILETIC: [Interpretation] Mr. President, I can hear

 4     you well and I understand what is being said.

 5             JUDGE SEKULE:  Thank you.

 6             And finally, Mr. Pandurevic.

 7             THE APPELLANT PANDUREVIC: [Interpretation] Your Honour, I can

 8     hear and understand.  Thank you.

 9             JUDGE SEKULE:  Thank you.

10             Let me now begin by providing a brief summary of the recent

11     public decisions issued by the Appeals Chamber.

12             One:  On 14th March, 2014, the Appeals Chamber issued a public

13     decision, denying, by majority, Judge Nyambe dissenting, the application

14     by Vinko Pandurevic for provisional release.

15             And two:  On 28th March, 2014, Judge Robinson, Presiding Judge,

16     issued a confidential order relating to a request by the Prosecution for

17     augmentation of the protective measures of one witness, instructing the

18     Victim and Witnesses Section of the Tribunal to consult with the witness.

19             I will now provide a very brief summary of the status of the

20     pending motions and decisions before the Appeals Chamber in this case.

21             The Appeals Chamber is currently seized of, first:  Five motions

22     filed by Mr. Popovic pursuant to Rule 115 of the Rules, filed on 15

23     August, 2011; 2 September, 2013; 1 October, 2013; 11 November, 2013; and

24     14th January, 2014.

25             Three motions filed by Mr. Nikolic - that is, two - three motions

Page 611

 1     filed by Mr. Nikolic pursuant to Rule 115 of the Rules filed on

 2     4 October, 18 October, 25 November, 2013, all responses and replies have

 3     been received by the Appeals Chamber and the motions remain under

 4     consideration by the Chamber.

 5             Three, the Appeals Chamber is also seized of a request by the

 6     Prosecution for augmentation of protective measures of one witness filed

 7     on 30 January, 2014.

 8             And that covers the summary of pending motions.

 9             If there are any matters to be raised by counsel, we can do that

10     after I have heard from the appellants on the status of their health.

11             May I now ask the appellants whether they wish to raise any

12     concerns regarding their health or the conditions of their detention.  I

13     take note Mr. Popovic is not around and has waived his right to be here,

14     so I'll start with Mr. Beara.

15             Mr. Beara, do you have any issues to raise?

16             THE APPELLANT BEARA: [Interpretation] I have no problems.

17             JUDGE SEKULE:  Thank you.

18             Mr. Nikolic.

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

20     good health and I have no problems.

21             JUDGE SEKULE:  Thank you.

22             And Mr. Miletic.

23             THE APPELLANT MILETIC: [Interpretation] Mr. President, my health

24     is in accordance with the reports that you have been receiving from the

25     medical unit of the Detention Unit.  If you allow me, I would like to

Page 612

 1     take this opportunity to thank the staff of the Detention Unit for all

 2     their care during my illness.  I would particularly like to thank

 3     Dr. Falke and the medical staff for their care and concern about my

 4     health.  Thank you.

 5             JUDGE SEKULE:  Thank you very much and we have taken good note of

 6     the observation that you have made in that connection.

 7             And finally, Mr. Pandurevic.

 8             THE APPELLANT PANDUREVIC: [Interpretation] Your Honour, I have no

 9     problems.  Thank you.

10             JUDGE SEKULE:  Thank you very much.

11             May I now ask whether there are any additional matters to be

12     raised by the Prosecution or any of the counsel?

13             Prosecution, learned counsel?

14             MR. WOOD:  Nothing from the Prosecution, Your Honour.  Thank you.

15             JUDGE SEKULE:  Thank you.

16             Any member of the Defence?  Any issue?

17             MR. HAYNES:  Yes.  I trust you'll forgive the impertinence, but

18     perhaps on behalf of Mr. Pandurevic and vicariously on behalf of the

19     other parties to the case, I wondered whether the Chamber was in a

20     position to give us some sort of guidance as to when this appeal might be

21     finalised?

22             JUDGE SEKULE:  Thank you.  You are learned counsel for?

23             MR. HAYNES:  I'm counsel for Mr. Pandurevic, Mr. Haynes.

24             JUDGE SEKULE:  Mr. Haynes.  Okay.

25             This is what I wish to observe for the moment.  As you know, the

Page 613

 1     appeal hearing, this case took place -- the appeal hearing, this case

 2     took place on the 2nd to 6th December, 2013.  The Chamber has been

 3     involved in a deliberative process since the hearing.  This is a very

 4     voluminous case, and I'm afraid that I cannot give you a satisfactory

 5     projection at this time.  However, when the judgement is ready for

 6     delivery, we will endeavour to issue a Scheduling Order with as much

 7     notice as we can.  That's all that can be observed for now.

 8             Any other comments from learned counsel for the Defence, if I

 9     may?

10             MR. HAYNES:  Only gratitude.  Thank you.

11             JUDGE SEKULE:  Thank you, learned counsel.

12             Any other observation?  Nothing.  There being no other matters to

13     be raised, the hearing is hereby adjourned.  Thank you very much.

14                           --- Whereupon the Status Conference adjourned

15                           at 11.13 a.m.