Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Tuesday, 25 February 2014

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellant entered court]

 5                           --- Upon commencing at 2.59 p.m.

 6             JUDGE MERON:  Please be seated.

 7             Registrar, will you please call the case.

 8             THE REGISTRAR:  Thank you.  Good afternoon, Your Honour.

 9             This is case number IT-05-88/2-A, the Prosecutor versus

10     Zdravko Tolimir.

11             JUDGE MERON:  Thank, Registrar.

12             Let me start by ensuring that the audio equipment is working

13     properly.

14             Mr. Tolimir, can you hear me in a language you can understand and

15     follow?  Mr. Tolimir?  Can you --

16             THE APPELLANT: [Interpretation] Thank you.  I welcome everybody

17     present and I wish everybody a nice day.  And I let these proceedings

18     finish in accordance with God's will, the way God wishes, and not the way

19     we think fit.  Thank you.

20             JUDGE MERON:  Thank you.

21             Counsel for the Prosecution.

22             MS. PROULX:  I can understand, Your Honour, thank you.

23             JUDGE MERON:  Thank you.

24             Appearances by the parties.  The Prosecution.

25             MS. PROULX:  Good afternoon, Your Honour.  Marie-Helene Proulx,

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 1     for the Prosecution, together with senior appeals counsel, Paul Rogers,

 2     and our Case Manager, Janet Stewart.

 3             JUDGE MERON:  Thank you very much.

 4             Mr. Tolimir, as you know, is self-represented.

 5             Mr. Gajic is in the court, I see.  So we are now --

 6             THE INTERPRETER:  Microphone, please.

 7             JUDGE MERON: [Microphone not activated] -- and I will introduce

 8     the subject.  As you are aware, Rule 65 bis (B) of the Rules of Procedure

 9     and Evidence requires a Status Conference to be convened within 120 days

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

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

12     custody.

13             A Status Conference serves two primary purposes.  First, it

14     allows the appellant to express concerns relating to their appeal or

15     detention conditions.  Second, it provides an opportunity to update the

16     appellants with respect to the status of their case.

17             The Status Conference is also an opportunity for the Tribunal to

18     inquire about the mental and physical condition of the detained persons.

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

20     28 October 2013.  Thus, this Status Conference is taking place before the

21     expiration of the 120 days' period specified in Rule 65 bis (B).  Today's

22     Status Conference was scheduled by the Scheduling Order issued on

23     14 January 2014.

24             Let me now inquire into Mr. Tolimir's health.

25             Mr. Tolimir, if you wish, this discussion can take place in a

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 1     closed session.

 2             Mr. Tolimir, is it all right to continue in an open session or

 3     you prefer a closed one?

 4             THE APPELLANT: [Interpretation] Thank you.  I only want to say

 5     that I wish to continue in open session, and I have no need to say

 6     anything special about my state of health.

 7             JUDGE MERON:  Thank you very much.

 8             So given the fact there are no health issues.  I can now turn to

 9     the procedural history, update of the case.

10             Mr. Tolimir filed a confidential version of his brief in the

11     reply on 7 November 2013.  During the last Status Conference on

12     28 October 2013, I authorised Mr. Tolimir to file an amended version of

13     his reply brief within ten days of the filing of the B/C/S translation of

14     the Prosecution's response brief.  The B/C/S translation of the

15     Prosecution's response brief was filed on 12 February 2014.

16             Following Mr. Tolimir's motion filed last week for an extension

17     of time for deadline of filing amendments to his reply brief, on

18     20 February 2014, as Pre-Appeal Judge in this case, I granted the motion

19     and ordered Mr. Tolimir to file an amended reply brief no later than

20     27 February 2014.  Once this is filed, this will complete the briefing in

21     this case.

22             On a related matter, I note that all of the parties' briefs have

23     to date been filed confidentially.  In view of Article 21, paragraph 2,

24     of the Statute of the Tribunal, which guarantees a fair and public

25     hearing, and the Rules 78 and 107 of the Rules of Procedure and Evidence

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 1     that require all proceedings before the Appeals Chamber to be public,

 2     unless there are exceptional reasons for keeping them confidential, as

 3     well as the general importance of transparency of the proceedings of the

 4     Tribunal, I hereby order Mr. Tolimir and the Prosecution to file public

 5     versions of their briefs by 27 March 2014, redacting any confidential

 6     information.

 7             I would now like to ask the parties whether they have any other

 8     issues that they would like to raise at this time.

 9             Are there any questions or issues the Prosecution would like to

10     raise?

11             MS. PROULX:  Just a moment, Your Honour.

12                           [Prosecution counsel confer]

13             MS. PROULX:  Your Honour, just one small thing.  You -- we

14     understand your order as requesting the parties to file their public

15     redacted version on the same day.

16             However, if you would be amenable to that, we would request that

17     maybe the Defence file their public redacted version ahead of the

18     Prosecution so that the Prosecution can be mindful of what the Defence

19     wish to -- to stay remain confidential.

20             JUDGE MERON:  So what kind of a time difference would you

21     envisage?

22             MS. PROULX:  I -- I would leave the -- this to your discretion

23     Your Honour.  We don't need a very long time to do -- maybe 14 days,

24     something in that range.  Thank you.

25             JUDGE MERON:  What I would suggest is simply to follow normal

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 1     procedures, they would submit a motion to that effect and we will react

 2     very quickly.

 3             MS. PROULX:  Very well.  Very good.  We have no other issues to

 4     raise.  Thank you.

 5             JUDGE MERON:  Mr. Tolimir, do you have any issues that you would

 6     like to raise?

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

 8     no issues that I would like to raise.  Thank you.

 9             JUDGE MERON:  Thank you very much.

10             Since there are no other matters to be raised and, while

11     anticipating your motion, Prosecutor, I thank the parties for their

12     attendance and call the proceedings to a close.

13                           --- Whereupon the Status Conference adjourned

14                           at 3.09 p.m.