Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Monday, 8 December 2003

2 [Status Conference]

3 --- Upon commencing at 12.30 p.m.

4 [The accused entered court]

5 THE INTERPRETER: Judge Antonetti, could you put your -- please

6 turn your microphone on, please.

7 THE REGISTRAR: Case number IT-97-25/1-PT, the Prosecutor versus

8 Mitar Rasevic.

9 THE INTERPRETER: Microphone, please, for the Presiding Judge.

10 JUDGE ANTONETTI: [Interpretation] Mr. Rasevic, can you hear the

11 interpreter?

12 So I shall ask the Prosecution to introduce itself, please.

13 MS. UERTZ-RETZLAFF: Good afternoon, Your Honour. For the

14 Prosecution appear Ms. Diane Boles, the case manager, Bill Smith, and my

15 name is Hildegard Uertz-Retzlaff.

16 JUDGE ANTONETTI: [Interpretation] Thank you very much. I would

17 now like the Defence to stand up and introduce himself.

18 JUDGE DOMAZET: [Interpretation] My name is Vladimir Domazet, I'm

19 the lead counsel for Mr. Rasevic.

20 JUDGE ANTONETTI: [Interpretation] Thank you very much. I would

21 like to welcome all the people present in this room. The Prosecution and

22 the Defence as well as the accused, Mr. Rasevic, who is present in this

23 courtroom.

24 This hearing is being held pursuant to the holding of a Status

25 Conference as are mentioned in the Rules of Procedure and Evidence, and

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1 Article -- Rule -- according to Rule 65 bis, the Pre-Trial Judge must

2 convene a pre-trial hearing 120 days after the initial appearance. This

3 was a view to exchanging information between the parties and making sure

4 that one can organise a fair and expeditious trial and also examine the

5 status report of the hearing and also enable the accused to raise a number

6 of questions relating to the mental and physical condition of the accused.

7 Since the initial appearance, there was a problem relating to the

8 Defence counsel of Mr. Rasevic. Since then, Mr. Domazet has been assigned

9 by the Registrar. There remains no pending questions thereof, I believe.

10 JUDGE DOMAZET: [Interpretation] No.

11 JUDGE ANTONETTI: I must also look into a preliminary motions on

12 the 20th of November, 2003. The Defence filed a preliminary motion with a

13 view to challenging the indictment. Since that day, the Prosecutor seized

14 the Chamber and filed a motion dated 2nd of December and asked leave to

15 amend the indictment. It would be appropriate, therefore, that the

16 Defence respond to this motion before the 15th of December, 2003, and

17 provide the response to the motion filed by the Prosecution. And in the

18 event the Defence has preliminary motions, to state in response to this

19 motion, this should be filed before the 14th of January, 2003. The

20 Chamber will then render its decision, which will relate on the -- relate

21 to the preliminary motion of the 20th of November, 2003, and will also

22 relate to the motion dated 2nd of December, 2003, and pertaining to the

23 amendment of the indictment. The Chamber will then render its decision in

24 the course of the month of January.

25 In addition, I need to ask the Prosecution to let the Chamber know

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1 about the status of the disclosure of supporting material pursuant to

2 Article -- to Rule 66. So, Madam Prosecutor, how do we stand vis-a-vis

3 disclosing of material and Rule 66 of the Rules of Procedure and Evidence,

4 please?

5 MS. UERTZ-RETZLAFF: Your Honour, the supporting material has been

6 disclosed to the accused on the 21st of October. So it's -- we were

7 within the 30 days that were required.

8 JUDGE ANTONETTI: [Interpretation] Thank you very much.

9 Mr. Domazet, since the 21st of October, you have had all the supporting

10 material made available to you pursuant to Article 66. Do you have any

11 further difficulties?

12 MR. DOMAZET: [Interpretation] I believe there are no further

13 questions. The accused received the documents himself. I have reviewed

14 all the supporting material, and I think there are no problems relating to

15 this.

16 JUDGE ANTONETTI: [Interpretation] Regarding disclosure pursuant to

17 Rule 68 of the Rules of Procedure and Evidence, any exculpatory material

18 that might be disclosed. Could the Prosecution please tell us how they

19 stand vis-a-vis this particular point.

20 MS. UERTZ-RETZLAFF: Your Honour, part of the supporting material

21 actually already included a lot of Rule 68 materials because we had filed

22 almost every statement that dealt with the KP Dom and in particular the

23 accused, and it includes also Rule 68 material.

24 In addition, we -- we intend to have consultations with Defence

25 counsel in the very near future, and after these consultations, we will

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1 then have a better overview what could be potential Rule 68 materials. Of

2 course, we'll do the usual checks on the database, but these consultations

3 would enable us to be more specific.

4 JUDGE ANTONETTI: [Interpretation] Thank you very much.

5 Mr. Domazet, the Prosecution has just told us that Rule 68 material have

6 already been made available to you and disclosed to the accused on the

7 21st of October. The Prosecution is, therefore, checking to see whether

8 there is any additional material to disclose. Do you have any comments to

9 make in this regard?

10 JUDGE DOMAZET: [Interpretation] No, Judge Antonetti, I don't have

11 any comments. I understand the position of the Prosecution full well, and

12 for the time being there are no problems.

13 JUDGE ANTONETTI: [Interpretation] Thank you very much. Pursuant

14 to Rule 65 bis, I must ask the accused whether he has any health problems.

15 Could you stand up, please, and can you tell me if you have any health

16 problems or if you are fit and well?

17 THE ACCUSED: [Interpretation] Your Honour, I have no problems,

18 neither as far as my physical health is concerned, neither as far as my

19 mental health is concerned.

20 JUDGE ANTONETTI: [Interpretation] Fine. As far as your conditions

21 in the detention centre are concerned?

22 THE ACCUSED: [Interpretation] As far as the detention conditions

23 are concerned, there are no problems.

24 JUDGE ANTONETTI: [Interpretation] Thank you. You may sit down.

25 Does the Prosecution or the Defence have any other question to

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1 submit today? Madam Prosecutor.

2 MS. UERTZ-RETZLAFF: No, Your Honour.

3 JUDGE ANTONETTI: [Interpretation] Thank you. I shall now turn to

4 the Defence.

5 JUDGE DOMAZET: [Interpretation] No, there are no further

6 questions.

7 JUDGE ANTONETTI: [Interpretation] This, therefore, ends this

8 Status Conference pursuant to the pre-trial phase of any proceeding. There

9 will be another Status Conference held in four months' time, within the

10 120-day time frame. We will have made a lot of progress. Decision will

11 be rendered in the month of December pertaining on the one hand to the

12 filing for leave to amend the indictment by the Prosecution and pertaining

13 also to the Defence's preliminary motion, and we hope that this phase will

14 not last forever and too long. I would therefore kindly recommend that

15 the two parties get together and that we expedite this proceeding. As you

16 know, we have the duty to conduct expeditious trials, and this is in the

17 interest of the accused as you well know.

18 As there are no further questions, I wish to adjourn this hearing

19 for today. Thank you.

20 --- Whereupon the Status Conference adjourned at

21 12.43 p.m.