Tribunal Criminal Tribunal for the Former Yugoslavia

Page 153

1 Monday, 2 October 2006

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 10.06 a.m.

6 JUDGE GUNEY: [Interpretation] Good morning to everybody. For

7 technical reasons, the session starts a bit later and I apologise to all

8 the parties for this delay.

9 Having said this, Mr. Registrar, could you please call the case.

10 THE REGISTRAR: Good morning, Your Honour. This is case number

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

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

13 Mr. Simic, can you hear the proceedings and understand the

14 proceedings in a language you understand?

15 THE APPELLANT: [Interpretation] [No interpretation].

16 JUDGE GUNEY: [Interpretation] I'm now going to ask the parties to

17 introduce themselves. We'll start with the appearances for the OTP.

18 MR. KREMER: Peter Kremer appearing for the Prosecution.

19 Sebastiaan van Hooydonk is our case manager. He's with me.

20 JUDGE GUNEY: [Interpretation] Thank you.

21 And now for the Defence, please.

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

23 Pantelic from the Belgrade Bar Association for the Defence of Mr. Simic,

24 and my colleague is going to introduce himself as well.

25 MR. MURPHY: [Interpretation] Good morning, Your Honour. My name

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1 is Peter Murphy. I'm also here to represent the accused.

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

3 I would like to briefly recall the aim of the Status Conference.

4 In the present case, Mr. Simic filed a notice of appeal against the

5 Judgement rendered against him on the 17th of October, 2003. Whilst he is

6 awaiting the judgement on appeal, Mr. Simic is currently detained at the

7 UN detention centre here in The Hague, in the Netherlands.

8 According to Rule 65 bis (B) of the Rules of Procedure and

9 Evidence of the Tribunal, a Status Conference is convened every 120 days

10 in order to give the detained person awaiting the outcome of his or her

11 appeal, to give that person the opportunity to raise questions related to

12 the appeal and also related to his or her physical conditions or mental

13 condition.

14 The current Status Conference is taking place a few days after the

15 120-day delay for reasons of availability of the parties and of the

16 courtroom. The parties have been informed of this and they indicated that

17 they accepted this. The aim of today's Status Conference is to allow the

18 appellant, Mr. Simic, the possibility of expressing his concerns relating

19 to the appeal and relating to his detention. The aim is also to inform

20 the appellant of the progress of the appeal procedure concerning him.

21 With regard to your detention, Mr. Simic, is there anything you

22 would like to raise about your detention or about your mental and physical

23 condition? You have the floor.

24 THE APPELLANT: [Interpretation] Your Honour, I have no matters to

25 raise with regard to the UN Detention Unit or with regard to my physical

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1 condition and health.

2 JUDGE GUNEY: [Interpretation] Thank you very much. You may be

3 seated.

4 You will remember that the last Status Conference took place on

5 the 2nd of June, 2006, after the hearings on appeal. There are no pending

6 motions at the moment. The Appeals Chamber will issue its judgement on

7 appeal in due course.

8 As far as I'm concerned, there is no other issue I would like to

9 raise, and I'm going to turn to the parties to ask them if they have any

10 comments to make or any issues to raise. Let's start with the Office of

11 the Prosecution.

12 MR. KREMER: I have nothing to raise, Mr. Judge.

13 JUDGE GUNEY: [Interpretation] Thank you very much. And now for

14 the Defence?

15 MR. MURPHY: We have no matters to raise. Thank you, Your Honour.

16 JUDGE GUNEY: [Interpretation] Thank you very much, Mr. Murphy.

17 This Status Conference can therefore come to a close.

18 It is so decided. The hearing stands adjourned.

19 --- Whereupon the Status Conference adjourned at

20 10.13 a.m.