Tribunal Criminal Tribunal for the Former Yugoslavia

Page 13

 1                           Friday, 20 March 2009.

 2                           [Status Conference]

 3                           [Open session]

 4                           [The accused Zupljanin present]

 5                           --- Upon commencing at 2.17 p.m.

 6             JUDGE STOLE:  Good afternoon to everyone in the courtroom.

 7             Mr. Registrar, would you call the case, please.

 8             THE REGISTRAR:  Yes, Your Honour.  Good afternoon, Your Honour.

 9     Good afternoon to everyone in and around the courtroom.  This is the case

10     number IT-08-91-PT, The Prosecutor versus Mico Stanisic and

11     Stojan Zupljanin.  Thank you, Your Honours.

12             JUDGE STOLE:  And I welcome the Office of the Prosecutor, Defence

13     counsel, and one of the two accused.  It's Zupljanin, as the other

14     accused Mico Stanisic is on provisional release.

15             Can the accused hear the proceedings?  Can the accused hear the

16     proceedings in a language he understands?  Is there a problem?

17             THE ACCUSED ZUPLJANIN: [Interpretation] I'm not receiving

18     interpretation.

19             JUDGE STOLE:  You're not receiving interpretation.  Oh.

20             Is it okay now?

21             THE ACCUSED ZUPLJANIN: [Interpretation] I cannot hear the

22     interpreters, and that's where the problem lies.

23             I can hear them now.  I couldn't hear them before.

24             JUDGE STOLE:  Let me know if there is any further problems.  But

25     may we then proceed.

Page 14

 1             THE INTERPRETER:  Interpreter's note:  Could the accused's

 2     microphone please be switched off.

 3             JUDGE STOLE:  Yes.  Is it okay now?

 4             THE ACCUSED ZUPLJANIN: [Interpretation] Yes, it is.  I can hear

 5     it well.

 6             JUDGE STOLE:  Thank you.

 7             We then proceed to the appearances.  May I have the appearances

 8     first for the Office of the Prosecutor, please.

 9             MS. KORNER:  Good afternoon, Your Honour.  Joanna Korner,

10     Matthew Olmsted, and Gramsci Di Fazio, assisted by case manager

11     Crispian Smith for the Prosecution.

12             JUDGE STOLE:  Thank you.  And Defence counsel.

13             MR. CVIJETIC: [Interpretation] Good afternoon, Your Honour, good

14     afternoon to my learned friends from the Prosecution.  My name is

15     Slobodan Cvijetic.  I'm a co-counsel in the Defence team of the accused

16     Mico Stanisic.

17             MR. PANTELIC:  Good afternoon, Your Honour.  Igor Pantelic,

18     co-counsel for Mr. Zupljanin.

19             JUDGE STOLE:  Thank you.

20             The reasons for this Status Conference is that it is been now

21     120 days since the last time there was a Status Conference on

22     20 November 2008, administered by Judge Prost.  And the parties are well

23     aware, also the accused, of the purpose of the Status Conferences.  As

24     for the Status Conference here today, I just want to, already at this

25     stage, mention that both parties have an interest in -- for different

Page 15

 1     reasons, that, if possible we should deal with the Status Conference, of

 2     course, deal with all necessary business, but, if possible, adjourn

 3     within half an hour, approximately.

 4             I would also like to mention what has -- or reiterate what has

 5     already been communicated to the parties.  That it is still the intention

 6     of this Tribunal to have all necessary preparations pre-trial stage-wise

 7     done so that the possibility is there to start the trial before the

 8     summer recess.  So there is nothing new -- there is nothing new with a

 9     view to that intention already communicated to the parties.

10             For the pending motions, I am informed that from the 65 ter

11     conference that was held this morning, a detailed -- a detailed

12     mentioning of all pending motions were gone through with the parties.  I

13     will briefly dwell on a few of these, but I see no need to repeat or go

14     over again in detail with the parties those pending motions.

15             I will mention that there -- there is now a filed decision on the

16     form of the indictment, that was yesterday, so 19 March, and in

17     conformity with what the Defence have requested earlier, they will now

18     have two weeks' limit in which to comment on the motion from the

19     Prosecution on amendments of the indictment.  I should point out that it

20     is the first motion of 1st December 2008 that is the main focus here,

21     because the second motion, supplementary motion of 2nd March, 2009, the

22     Defence have already commented upon.  So it's basically, as I see it, the

23     motion of 1st December 2008 and some of these issues also had an aspect

24     or a side to issues that were dealt with in the decision now filed on the

25     form of the indictment.

Page 16

 1             So it would follow, then, that by 2nd April there should be

 2     submissions from Defence on the Prosecution motion to amend the

 3     indictment.

 4             As for Rule 92 bis, 92 ter, and 92 quater.  94 bis further

 5     judicial notice of adjudicated facts, further Rule 65 ter witness and

 6     exhibit lists, and access to materials in other cases, I rely on the

 7     65 ter conference.  And if the parties have matters within what I have

 8     already now mentioned they want to raise also here, please do so.  But if

 9     not, I will just proceed.

10             MS. KORNER:  Your Honour, just this.  Your Honour I assume is

11     referring to the responses on behalf of Zupljanin, that they were not

12     proposing to reply until there had been a ruling on the form of the

13     indictment.  So that we understand it, they have been given 14 days now

14     to respond.

15             JUDGE STOLE:  Exactly.

16             MS. KORNER:  Thank you very much, Your Honour, just for

17     clarification.

18             JUDGE STOLE:  The same approach, I would suggest to follow as for

19     disclosure, I have also here been given a briefing by the Senior Legal

20     Officer after the 65 ter conference, so I'm well aware of the points

21     raised there, and I rely on the parties to have contact, to -- directly

22     between themselves, to deal with the questions that were mentioned in the

23     65 ter conference.

24             The parties will remember that on the last Status Conference on

25     20 November 2008, Judge Prost raised the issue of agreed facts, whether

Page 17

 1     it would be -- that it would be desirable that the parties continue their

 2     efforts with a view to presenting further agreed facts.  I will only

 3     reiterate this now, at this stage.  As far as I'm -- as far as I'm

 4     briefed now, there is no new development as yet, in the form of further

 5     agreed facts, but the Trial Chamber will still ask the parties to see if

 6     this is a possibility to further advance on agreed facts.

 7             Are there any other issues that the parties would like to raise?

 8     Naturally, I will give the floor to the accused towards the end of the

 9     Status Conference, with a view to detention and matters like that.  But

10     would there be any other matters before we go to that stage of the Status

11     Conference?

12             MS. KORNER:  No, thank you, Your Honour.

13             MR. CVIJETIC: [Interpretation] Your Honour, I quite agree with

14     what has been said so for.  We had a constructive meeting at the 65 ter

15     conference.  We agreed to deal with all of the problems you have been

16     informed of through various discussions, save for the saying that the

17     door should never remain shut if we are to keep channels open.  There's

18     nothing much for me to add.  We shall continue discussing further

19     disclosure of evidence and related issues.

20             I have nothing to inform you in addition to what was discussed

21     this morning.

22             JUDGE STOLE:  Thank you.

23             MR. PANTELIC:  Yes, Your Honour, just a minor intervention to the

24     transcript, page 2, line 17, instead of co-counsel for Mico Stanisic it

25     should be co-counsel for Zupljanin.  Not a big deal.

Page 18

 1             At this stage I have nothing to add, maybe depending off our

 2     time-frame today, I will raise one minor issue, but it is not so of big

 3     importance.

 4             Thank you.

 5             JUDGE STOLE:  Thank you for that.

 6             The condition of the accused, first, with a view to Stanisic that

 7     is currently on provisional release, is there information from counsel

 8     concerning his health?  I would like to give the floor to counsel for

 9     Stanisic.

10             MR. CVIJETIC: [Interpretation] Thank you, Your Honour.

11             Mr. Stanisic, is in good mental and physical health, and he

12     enjoys being free.  Thank you.

13             JUDGE STOLE:  Thank you.

14             That brings me, Mr. Zupljanin, to you.  And first I would like to

15     hear also from you on, who are in detention, if there are matters

16     directly related to the detention that you would like to raise.

17             THE ACCUSED ZUPLJANIN: [Interpretation] Concerning detention,

18     Judge Stole, I wouldn't say anything special.  You know well what life in

19     detention unit is like.  I'm more concerned with the issue of my Defence,

20     and this is why I believe it is necessary for me to say a couple of

21     sentences concerning my Defence.  And, of course, within the limitations

22     of time today, because of this mass or service that I'm going to attend.

23             Of course, my Defence will reflect heavily upon this case.  My

24     Defence team is still cutting their milk teeth, and it will take them

25     time to be -- fall on their feet, and I have been in detention for

Page 19

 1     ten months.  As early as on the 13th February, I demanded that my counsel

 2     be removed.  The secretariat did not or Registry did not agree.  Then I

 3     filed a motion to reconsider, and I'm still awaiting for a reply.  Both

 4     you and I are facing problems.

 5             JUDGE STOLE:  Mr. Zupljanin, I would like to state at this stage,

 6     I will not prevent you from briefly mentioning the issue of your legal

 7     representation.  However, I am aware that there has been a decision by

 8     the Registrar and that review by the President is being asked or has been

 9     requested so that the position as of today is that this issue is before

10     the President of this Tribunal.  It is not before the Trial Chamber, at

11     least not at the moment.  It may or may not be before the Trial Chamber

12     later, but not today certainly.

13             So with that in mind, I would -- I would ask you to make these

14     submissions relatively short.

15             THE ACCUSED ZUPLJANIN: [Interpretation] I'll try to be as brief

16     as possible.  I said this to inform the Bench at today's

17     Status Conference, but I will continue.

18             I see we, both you and I, are in grave problems in my opinion.

19     The beginning of the trial is not even on the horizon, although you said

20     that will come before -- before the summer break.  We need 24-hour/7 work

21     to start preparing our Defence, and I have been charged with offences

22     which certain my whole life being spent in prison, and I am innocent.

23             Mr. Stanisic has been preparing his Defence for the fifth year

24     running since he was in detention, and three fourths of that time he

25     spent outside detention.  So let's cut a long story short, I would like

Page 20

 1     to propose to this Bench the only thing that is viable in this situation,

 2     and that is for the purpose of intensive preparations for my Defence that

 3     I be put on provisional release so that I'll be in the same status as

 4     Mr. Stanisic and I could focus on preparing my defence.  Otherwise, I

 5     deeply believe that there will be no mention of a trial during this year,

 6     if I am to face a fair trial.  If the intendency [as interpreted] of my

 7     Defence work continues at the same pace, I don't believe that the next

 8     year either we'll see the beginning of my trial.

 9             Thank you.

10             JUDGE STOLE:  Thank you, Mr. Zupljanin.

11             It is it, of course, open to any accused and detained accused in

12     this Tribunal to request for provisional release.  That is it open to you

13     at any given time.  As now -- as of now, there is no such request or has

14     not been such a request before us.  You may want to, I take it, discuss

15     this with your Defence, and then, if that is your wish, make such

16     requests in the proper channels, in the proper way before the

17     Trial Chamber.

18             THE ACCUSED ZUPLJANIN: [Interpretation] Thank you.

19             JUDGE STOLE:  If there would be, then, no other business during

20     this Status Conference, we'll adjourn.

21                           --- Whereupon the Status Conference adjourned

22                           at 2.38 p.m.