Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Monday, 28 October 2013

 2                           [Open session]

 3                           [Status Conference]

 4                           [The appellant entered court]

 5                           --- Upon commencing at 9.59 a.m.

 6             JUDGE MERON:  Please be seated.

 7             Registrar, will you please call the case.

 8             THE REGISTRAR:  Thank you and good morning, Your Honour.  This is

 9     case number IT-05-88/2-A, the Prosecutor versus Zdravko Tolimir.

10             JUDGE MERON:  Thank you.

11             I would like to begin by insuring that the audio equipment is

12     working properly.

13             Mr. Tolimir, can you hear the proceedings in a language that

14     understand?  Mr. Tolimir?  You -- I see that you can hear the proceedings

15     in a language you understand.  Thank you.

16             Counsel for the Prosecution.

17             MR. MILANINIA:  Good morning, Your Honour.  Nema Milaninia on

18     behalf of the Prosecution, here with my colleague Mr. Todd Schneider and

19     our Case Manager Ms. Djurdja Mirkovic.

20             JUDGE MERON:  Thank you very much.

21             Appearances by the parties.  The Prosecutor, I suppose you would

22     say more or less the same thing?

23             MR. MILANINIA:  Yes, Your Honour.

24             JUDGE MERON:  Mr. Tolimir, you are self-representing, and I

25     believe that Mr. Aleksandar Gajic has been granted the right of audience

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 1     in the courtroom.  Thank you.

 2             As you are aware, Rule 65 bis (B) of the Rules of Procedure and

 3     Evidence requires a Status Conference to be convened within 120 days

 4     after the filing of a Notice of Appeal and thereafter within 120 days

 5     after the last Status Conference for each appellant in the Tribunal's

 6     custody.

 7             A Status Conference serves two primary purposes:  First it allows

 8     the appellants an opportunity to express concerns relating to their

 9     appeal or detention conditions.  Second, it provides an opportunity to

10     update the appellants with respect to the status of their case.  The

11     Status Conference is also an opportunity for the Tribunal to inquire

12     about the mental and physical condition of the detained persons.

13             In the present case, the last Status Conference was held on

14     5 July, 2013; thus, the Status Conference is taking place before the

15     expiration of the 120 days period specified in the Rule 65 bis (B).

16     Today's Status Conference was scheduled by the Scheduling Order issued on

17     17th September, 2013.

18             Situation and health of the appellant.  Let me now inquire into

19     Mr. Tolimir's health.  If you wish, this discussion can take place in a

20     closed session.

21             Would you like me to close the session, Mr. Tolimir, or no need?

22             THE APPELLANT: [Interpretation] Thank you, Mr. President.

23             THE INTERPRETER:  Can the accused be asked to speak into the

24     microphone, please, because we have difficulty hearing him.

25             JUDGE MERON:  I am so sorry.  Would you like for the discussion,

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 1     I had a question about your health and the question --

 2             THE APPELLANT: [Interpretation] Thank you, Mr. President.

 3             JUDGE MERON:  And the question is whether you would like --

 4             THE APPELLANT: [Interpretation] There is no need to go into

 5     closed session.  I can say this in open session, that my health is as it

 6     ever was.  I do not take any medication because there is no need for it.

 7     And I do hope the situation will obtain and I hope that with God's will

 8     we will bring this trial to an end.  This is something we ourselves wish

 9     for.  Thank you.

10             JUDGE MERON:  Thank you very much, Mr. Tolimir.  I am very

11     pleased to hear that your health is as good as ever.

12             So let me now turn to the procedural history of the case.  On

13     4 September, 2013, the Appeals Chamber granted a motion by Mr. Tolimir

14     for variation of the grounds of appeal and amendment of his appeal brief

15     and ordered Mr. Tolimir to file an amended Notice of Appeal within five

16     days of the date of issuance of the decision and a consolidated appeal

17     brief within 20 days of the filing of the decision.

18             By the same decision, the Appeals Chamber ordered the Prosecution

19     to file a response brief within 21 days of the filing of the consolidated

20     appeal brief.  Mr. Tolimir filed his amended Notice of Appeal on

21     9 September, 2013, and a confidential version of his consolidated appeal

22     brief on 24th September, 2013.  The Prosecution filed a confidential

23     version of its response brief on 16 October, 2013.  Mr. Tolimir's reply

24     brief is due on 31 October, 2013.

25             On 25 October, 2013, Mr. Tolimir filed a motion for extension of


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 1     time for the filing of his reply brief, requesting that I allow him to

 2     file his reply brief within 10 days of the filing of the B/C/S

 3     translation of the Prosecution's response brief.  Alternatively,

 4     Mr. Tolimir requests that I grant him a seven-day extension for the

 5     filing of his reply brief and allow him, if necessary, to file an amended

 6     reply brief within 10 days of the filing of the B/C/S translation of the

 7     Prosecution's response brief.

 8             Tolimir submits that he's self-represented, that he does not

 9     understand the English language, that he has only one legal advisor, that

10     the time for consultations with his legal advisor is limited, and that

11     his legal advisor has been engaged in reviewing material recently

12     disclosed by the Prosecution.

13             Mr. Milaninia, I am wondering whether I could ask you to file a

14     response, if any, by close of business tomorrow, 29 October, in which

15     case I would render a decision shortly after receipt of your response.

16             MR. MILANINIA:  Your Honour, if it satisfies the Court, we can

17     actually give of our position today, which is that the Prosecution does

18     not intend to object to Mr. Tolimir's motion.  And as to the alternatives

19     that Mr. Tolimir has posited, we take no position and we leave it to the

20     wisdom of the Tribunal.

21             JUDGE MERON:  Thank you very much.  In this case I will issue my

22     decision now orally.  It will save paper work and efforts to all the

23     parties.

24             In my view, the circumstances advanced by Mr. Tolimir constitute

25     good cause for granting him a seven-day extension for the filing of his

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 1     reply brief.  I note that such an extension will not impact the overall

 2     time necessary for consideration of this appeal.  Pursuant to

 3     Rules 127(A)(i) and 127(B) of the Rules of Procedure and Evidence of the

 4     Tribunal, I hereby allow Mr. Tolimir to file his reply brief not later

 5     than 7 November 2013.  Should Mr. Tolimir wish to file an amended version

 6     of his reply brief following the filing of the B/C/S translation of the

 7     Prosecution's response brief, he shall do so by motion within 10 days of

 8     the filing of the B/C/S translation of the Prosecution's response brief.

 9             So this is my ruling on the most recent request by Mr. Tolimir.

10             So let me now ask the parties whether they have any other issues

11     they would like to raise at this time.

12             Mr. Tolimir, anything you would like to raise?

13             THE APPELLANT: [Interpretation] Thank you, Mr. President.  I have

14     nothing to raise.  Greetings to everyone and I wish them success in the

15     work in this trial.  God-speed.  Thank you.

16             JUDGE MERON:  Thank you very much.

17             The Prosecution.

18             MR. MILANINIA:  No, Your Honour.  The Prosecution has no further

19     issues at this time.

20             JUDGE MERON:  Thank you, Mr. Tolimir.  Thank you, the Prosecutor.

21     Since there are no other matters to be raised, I thank the parties for

22     their attendance and call the proceedings to a close.

23                           --- Whereupon the Status Conference

24                           adjourned at 10.11 a.m.