Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

 1                          Monday, 27 August 2007

 2                          [Status Conference]

 3                          [Open session]

 4                          [The appellant entered court]

 5                          --- Upon commencing at 7.58 a.m.

 6            JUDGE LUI:  Good morning, ladies and gentlemen.  First of all, may

 7    I have the appearances, please.

 8            For the Prosecution first.

 9            MS. BRADY:  Good morning, Your Honour.  Helen Brady appearing on

10    behalf of the Prosecution, with Nicole Lewis and our case manager,

11    Ms. Lourdes Galicia.

12            JUDGE LUI:  Thank you very much.

13            And for the Defence.

14            MR. JOVANOVIC: [Interpretation] Good morning, Your Honour.  My

15    name is Zoran Jovanovic, attorney-at-law, appearing on behalf of the

16    accused, Dragan Zelenovic.  Thank you.

17            JUDGE LUI:  You may sit down, please.

18            Well, Mr. Zelenovic, can you follow the proceedings in a language

19    that you could understand?

20            THE APPELLANT: [Interpretation] Yes.

21            JUDGE LUI:  Thank you.  If there's any problem, please let me

22    know.  You may sit down now.

23            This is a Status Conference in accordance with the Rule 65 bis.

24    The purposes of this Status Conference are to allow the appellant to

25    express concerns relating to the appeal, detention conditions, and his

Page 2

 1    health, and also to update the appellant with respect of the status of the

 2    case.

 3            As for the proceeding of this case, the Defence filed a Defence

 4    notice for leave to appeal the sentencing judgement on the 27th April

 5    2007.  In the Scheduling Order of 24th July 2007, the pre-appeal Judge

 6    confirmed that this filing constitute the notice of appeal required under

 7    Rule 108 of the Rules.  The Defence filed their Defence appeal of

 8    sentencing judgement on 25 May 2007.  The Prosecution response brief was

 9    filed confidentially on the 25th June 2007; the public version was filed

10    on the 3rd July 2007.  The Defence reply to Prosecution response brief was

11    filed on the 3rd July 2007; therefore, the pleadings are complete.

12            Of course there is still one pending motion, that is Prosecution's

13    motion to strike portions of appellant's reply was filed confidentially on

14    the 18th July 2007, and the Defence response to Prosecution's motion to

15    strike portions of appellant's reply was filed confidentially on the 31st

16    July 2007.

17            The decision concerning with this motion is being prepared and

18    will be rendered in the due course.

19            Mrs. Brady, are there any matters that you would like to bring to

20    the attention of me?

21            MS. BRADY:  No, nothing on behalf of the Prosecution, Your Honour.

22            JUDGE LUI:  Thank you very much.

23            Mr. Jovanovic, how about on your part?

24            MR. JOVANOVIC: [Interpretation] No, Your Honour, the Defence has

25    no issues to address at this Status Conference.  As to the health status

Page 3

 1    of the accused, Mr. Dragan Zelenovic, he is still not well, but these are

 2    the health problems pointed out by the Defence previously and the

 3    Detention Unit's physician submitted its own report during the

 4    proceedings.  Therefore, there are no news regarding that and there are no

 5    other issues on the part of the Defence at this moment.  Thank you.

 6            JUDGE LUI:  Well, what do you mean that his health is not so well

 7    and -- has he been taken care of?

 8            MR. JOVANOVIC: [Interpretation] Yes, Your Honour.  During the

 9    trial, the Defence was in permanent contact with the physician of the

10    Detention Unit because of the health problems.  A report was produced by

11    that physician introduced to the Trial Chamber and the problems mentioned

12    in that report remain.  However, he has received appropriate care and we

13    have no objections as to the care he has been receiving at the Detention

14    Unit.

15            JUDGE LUI:  Thank you very much.

16            Mr. Zelenovic, do you have anything to complain during your

17    detention?

18            THE APPELLANT: [Interpretation] No, Your Honour.

19            JUDGE LUI:  How about your health?

20            THE APPELLANT: [Interpretation] Well, it is not well.  I am taking

21    my medication and all, but it doesn't seem to be helping.  I'm still being

22    taken to the Bronovo Hospital for testing.

23            JUDGE LUI:  Well, I believe that you have to take care by yourself

24    during these, you know, proceedings and if there's any problems, please do

25    not hesitate to let the doctors know about it.

Page 4

 1            THE APPELLANT: [Interpretation] Yes.

 2            JUDGE LUI:  Thank you very much.

 3            Well, at this stage it is too early to predict when we'll hold an

 4    appeal hearing, but it will be held in the not-too-distant future.  In the

 5    event the Appeals Chamber will inform the parties once it is sure of the

 6    exact date.  Are there any other matters that the parties would like to

 7    say at this moment?

 8            MS. BRADY:  No, Your Honour.

 9            JUDGE LUI:  Thank you.

10            MR. JOVANOVIC: [Interpretation] No, Your Honour.  Thank you.

11            JUDGE LUI:  Thank you very much.

12            Well, I believe that's all for this Status Conference and the

13    hearing is adjourned.

14                          --- Whereupon the Status Conference

15                          adjourned at 8.06 a.m.