Tribunal Criminal Tribunal for the Former Yugoslavia

Page 24

1 Thursday, 13 October 2005

2 [Open session]

3 [The appellant entered court]

4 --- Upon commencing at 2.17 p.m.

5 JUDGE GUNEY: [Interpretation] Good afternoon, everybody.

6 Mr. Registrar, would you please call the case.

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

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

9 JUDGE GUNEY: [Interpretation] Mr. Simic, can you follow the

10 proceedings in a language that you understand?

11 THE APPELLANT: [Interpretation] Yes, I do. I can.

12 JUDGE GUNEY: [Interpretation] Let us have the appearances,

13 starting with the Office of the Prosecutor.

14 MR. KREMER: Peter Kremer, Q.C., appearing for the Prosecutor.

15 Barbara Goy is with me.

16 JUDGE GUNEY: [Interpretation] Thank you.

17 And for the Defence of Mr. Simic.

18 MR. PANTELIC: [Interpretation] Good afternoon, Mr. President. I

19 am Igor Pantelic, attorney at law from Belgrade, and next to me you have

20 my colleague, who is going to introduce himself.

21 MR. MURPHY: Good afternoon. Peter Murphy. I also represent the

22 accused.

23 JUDGE GUNEY: [Interpretation] And this case, Mr. Simic filed a

24 notice of appeal against the decision, the judgement issued against him on

25 the 17th of October, 2003. Whilst he's awaiting the appeal, he is being

Page 25

1 detained in the Detention Unit, in the UN Detention Unit here in The

2 Hague.

3 Pursuant to Rule 65 bis (B), a Status Conference shall be convened

4 every 120 days, so that the detained person awaiting appeal can raise any

5 question relating to the proceedings, but also questions related to his

6 physical and mental health.

7 So we have been meeting for the sixth -- five times before, so

8 meeting today for the sixth time.

9 Mr. Simic, do you personally, or through your counsel, wish to

10 mention specific complaints or concerns relating to your detention

11 conditions or to your health? You'll have the floor.

12 THE APPELLANT: [Interpretation] Your Honour, I have no comments I

13 wish to make at the moment, and as to the conditions at the Detention Unit

14 and my state of health, both are satisfactory. Thank you.

15 JUDGE GUNEY: [Interpretation] Thank you very much. With regard to

16 the progress of the appeals file, I observe that no motion has been filed

17 with the Chamber. As to oral submissions, I want to tell you that the

18 Appeals Chamber is minded to have a hearing towards the end of February,

19 2006. In this respect, I do ask Mr. Simic's Defence counsel and the

20 Prosecution to tell me now already whether do they acknowledge there will

21 be any major reason why they could not attend such a hearing in February?

22 Mr. Pantelic.

23 MR. MURPHY: Your Honour, the only observation that we would have

24 is this: At the last Status Conference, we did indicate some concern

25 about an amicus brief that had been filed in connection with the appeal in

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1 the case of Brdjanin concerning the law on the subject of joint criminal

2 enterprise. Your Honour, we are still awaiting further filings in that

3 decision, and we're not clear as yet as to whether or not those legal

4 issues might affect this case. We would only ask for the record that the

5 Appeals Chamber bear in mind that if that issue is going to be decided in

6 the Brdjanin case, it may, of course, have repercussions for a number of

7 other cases which are at present awaiting hearings.

8 And so it may be, Your Honour, that perhaps at a later date we

9 could make further representations to the Appeals Chamber, if that becomes

10 necessary. But, Your Honour, subject to that, we, of course, have no

11 difficulty with the date at the end of February.

12 JUDGE GUNEY: [Interpretation] Thank you very much. I have taken

13 due note of what you have just said.

14 MR. KREMER: Yes, Your Honour. We have no difficulty with the

15 date proposed.

16 JUDGE GUNEY: Thank you very much.

17 [Interpretation] In due time, you will be apprised of all

18 necessary details regarding the hearing to come.

19 As for me, I have nothing else on my list. Do you have any

20 observations or questions?

21 For the Defence?

22 MR. PANTELIC: [Interpretation] No, Your Honour, nothing to add.

23 Thank you very much.

24 JUDGE GUNEY: [Interpretation] Prosecution.

25 MR. KREMER: Nothing, thank you.

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1 JUDGE GUNEY: [Interpretation] Thank you. This being so, in the

2 absence of any other observation or comment, this hearing stands

3 adjourned. Thank you very much.

4 --- Whereupon the Status Conference adjourned at

5 p.m. 2.25 p.m.