Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Wednesday, 20 October 2004

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 2.30 p.m.

6 JUDGE GUNEY: [Interpretation] Good afternoon to everyone. I would

7 like to ask the Court Deputy to call the case.

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

9 IT-95-9-A, the Prosecutor versus Blagoje Simic.

10 JUDGE GUNEY: [Interpretation] Thank you very much. Mr. Simic, are

11 you in a position to listen to the proceedings and to understand them?

12 Okay.

13 Now we'd like to have the appearances, please, starting with the

14 Prosecution.

15 MR. FARRELL: Thank you, Your Honour. Good afternoon. Appearing

16 for the Prosecution is myself, Norman Farrell, and appearing with me is

17 Ms. Barbara Goy and Ms. Lourdes Galicia. Thank you.

18 JUDGE GUNEY: [Interpretation] Now I'm turning to the Defence of

19 Mr. Simic.

20 MR. PANTELIC: [Interpretation] Good morning, Your Honour.

21 Mr. Pantelic for Dr. Simic.

22 JUDGE GUNEY: [Interpretation] Thank you very much.

23 MR. MURPHY: [Interpretation] Good afternoon. Peter Murphy for the

24 accused.

25 JUDGE GUNEY: [Interpretation] Thank you very much. Pursuant to

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1 Rule 65 bis (B) of the Rules, a Status Conference has to be held within

2 120 days following the filing of the notice of appeal and then every 120

3 days to give the opportunity to the person waiting for the appeal

4 proceedings the possibility of raising any questions relating to the

5 appeal.

6 In this case, Mr. Simic filed his notice of appeal against the

7 judgement on the 17th of October, 2003. The submissions related to the

8 appeal have been filed, and we are currently gathered together for the

9 third Status Conference of this appeals procedure.

10 The aim of this Status Conference, as you know, is, among other

11 things, to allow Mr. Simic to raise any concerns he might have regarding

12 his detention and his mental and physical state.

13 Mr. Simic, would you or your counsel raise anything before the

14 Chamber, any problems related to your detention or to your state of

15 health? Mr. Simic, you have the floor.

16 THE APPELLANT: [Interpretation] Your Honour, my health is good. I

17 have no complaints. I have no complaints against the conditions of

18 detention.

19 JUDGE GUNEY: [Interpretation] I'm glad to hear it.

20 Mr. Pantelic, do you have anything to add?

21 MR. PANTELIC: [Interpretation] No, Your Honour. I don't have

22 anything to add regarding this specific matter. We're here to discuss our

23 motion for provisional release.

24 JUDGE GUNEY: [Interpretation] Yes. We'll come to that later. I'm

25 sure you have received this information.

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1 In this case, the submissions related to the appeals procedures

2 have been filed. I have noted the filing of a notice of appeal amended,

3 the amended notice of appeal on the 22nd of September, 2004, and the

4 public version of the brief in reply of the Prosecution that was filed

5 yesterday. Therefore, the Appeals Chamber will be in a position to

6 determine its position in the case in the following months.

7 Before informing counsel for Mr. Simic about the outcome of the

8 motion filed by Mr. Simic I would like to present my condolences to

9 Mr. Simic on the occasion of the demise of his father. This being said,

10 with regards to the urgent motion filed by Mr. Simic for provisional

11 release in order to allow him to attend a memorial service for his father,

12 the Appeals Chamber has decided to rule in favour of Mr. Simic and will

13 allow him to attend the memorial services organised on the 4th of

14 November, 2004. However, the Appeals Chamber has decided not to grant

15 the entirety of the period for provisional release requested and decided

16 to allow him a period from the 3rd to the 7th of November, 2004.

17 The reasons for this decision will be submitted, will be

18 communicated to the parties very soon.

19 With regards to the procedure, I would also like to stress that

20 the motion filed by Franko Simatovic for access to the documents related

21 to the Bosanski Samac case is still pending before the Chamber. As far as

22 I am concerned, I don't have any other issues to address.

23 I would like to ask the parties if they have any comments or any

24 questions they would like to raise.

25 Mr. Farrell, you have the floor.

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1 MR. FARRELL: Thank you, Your Honour. No, there are no comments

2 nor further questions on behalf of the Prosecution.

3 JUDGE GUNEY: [Interpretation] Thank you. Mr. Pantelic.

4 MR. MURPHY: Your Honour, firstly may I, on behalf of Dr. Simic,

5 thank the Appeals Chamber for the ruling on the motion for provisional

6 release.

7 And the only other matter, Your Honour: I wonder whether the

8 Appeals Chamber is in a position at this time to indicate approximately

9 when we may expect to have oral argument on the merits of the appeal.

10 JUDGE GUNEY: [Interpretation] No date has been set yet, but you

11 will be notified of that as soon as the Chamber is in a position to set a

12 date. Thank you.

13 Is there any other issue you would like to raise? Is there any

14 other comment you would like to make?

15 MR. MURPHY: No, Your Honour. Thank you.

16 JUDGE GUNEY: [Interpretation] Thank you. Since there aren't any

17 other issues to consider, this Status Conference is adjourned. The Status

18 Conference is adjourned.

19 --- Whereupon the Status Conference adjourned

20 at 2.39 p.m.