Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Monday, 26 September 2005

2 [Initial Appearance]

3 [Open session]

4 --- Upon commencing at 2.42 p.m.

5 JUDGE ORIE: Good afternoon to everyone.

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

7 THE REGISTRAR: Good afternoon, Your Honour. This is case number

8 IT-95-14 & 14/2-R77, the Prosecutor versus Josip Jovic.

9 JUDGE ORIE: Thank you, Mr. Registrar. May I have the

10 appearances. When I say "Prosecution," I usually say "Prosecution first."

11 Prosecution, please.

12 MR. AKERSON: Good afternoon, Your Honour. David Akerson on

13 behalf of the Office of the Prosecutor, and I'm here with Rebecca Graham,

14 Sebastiaan van Hooydonk, and Salvatore Cannata.

15 JUDGE ORIE: Thank you, Mr. Akerson.

16 It seems that no one has appeared for the Defence. That means

17 neither the accused. Therefore, it's perhaps important to establish what

18 the present situation is.

19 Mr. Jovic has been summoned to appear today. Mr. Jovic, through

20 counsel, has filed on the 23rd of September, although I have not the

21 registered copy, but I have a courtesy copy before me at this moment, a

22 motion of the accused Josip Jovic for postponement of the Initial

23 Appearance. I was informed that, again through counsel, Mr. Jovic has

24 been informed that the motion was denied. Nevertheless, Mr. Jovic did not

25 appear today.

Page 2

1 Could either the registrar or the Prosecution give me any further

2 information as to what happened, apart from what I just said. Was there

3 any additional message received from Mr. Jovic or counsel? Mr. Akerson.

4 MR. AKERSON: The Prosecution has heard nothing from Defence

5 counsel or from the accused.

6 JUDGE ORIE: Has the registrar received any message?

7 THE REGISTRAR: No, Your Honour.

8 JUDGE ORIE: Just for the record, I'll briefly explain the reasons

9 why Mr. Jovic asked for postponement. Mr. Jovic has asked for

10 postponement, but first of all, it was stated in the motion that he

11 received -- that a summons was served upon the accused to appear. That

12 means that there could be at this moment no doubt about his awareness of

13 the Initial Appearance to take place today. The main reason for Mr. Jovic

14 to ask for postponement is that he considers it his right to first, under

15 Croatian law, use all the legal remedies at his disposal in order to see

16 whether there's any duty for him to cooperate with the Tribunal.

17 Mr. Jovic claims that the Tribunal has no jurisdiction, although

18 he does not in this motion explain why he takes this position. And he

19 first wants, under the Croatian constitution and under the Croatian laws,

20 have established whether he is under a duty to cooperate, which seems to

21 mean that Mr. Jovic considers this on the basis of the determination of

22 Croatian courts rather than on the determination of this Tribunal, that it

23 should be established whether this Tribunal has jurisdiction.

24 The usual way of challenging jurisdiction is to appear before the

25 court that is involved in the matter and then to challenge the

Page 3

1 jurisdiction of that court.

2 Under the present circumstances, it is established that Mr. Jovic

3 has not appeared, that Mr. Jovic is aware of the Initial Appearance, and

4 that the Trial Chamber will consider what measures to take under the

5 present circumstances.

6 One obvious measure to be considered, to issue a warrant of

7 arrest.

8 Is there anything the Prosecution would like to submit at this

9 moment?

10 MR. AKERSON: Yes, Your Honour. Although we were not looking to

11 have Mr. Jovic taken into custody, we had issued a summons and we were

12 hoping that he would appear. But since he has not asked for a delay in

13 these proceedings based on his inability to be here but challenging the

14 jurisdiction, we would ask that an arrest warrant be issued and then we

15 can address the issue of bond when he appears at that point.

16 JUDGE ORIE: Yes. Does the Office of the Prosecution intend to

17 make any written submissions on it? I mean, I'm not specifically asking

18 for it, but on the other way, if you think it would be better for you to

19 make any written submissions, of course we would consider them.

20 Otherwise, the Chamber would consider this oral application for an arrest

21 warrant by a bond upon appearance should be discussed to be a sufficient

22 basis for issuing any order, including the one you were just asking for.

23 MR. AKERSON: I think the issue is so straightforward and simple,

24 Your Honour, that I don't believe that we could benefit the Court by

25 filing a written submission.

Page 4

1 JUDGE ORIE: Yes. Then we'll not wait for any written submissions

2 and the Chamber will consider what step to take.

3 Is there any other matter to be raised at this moment? If not,

4 then we'll stand adjourned, sine die.

5 --- Whereupon the Initial Appearance

6 adjourned sine die at 2.51 p.m.