1 Friday, 11 May 2012
2 [Status Conference]
3 [Open session]
4 [The appellant entered court]
5 --- Upon commencing at 9.30 a.m.
6 JUDGE AGIUS: Good morning, everybody.
7 Madam Registrar, could you kindly call the case, please.
8 THE REGISTRAR: Good morning, Your Honour. This is case number
9 IT-05-87/1-A, the Prosecutor versus Vlastimir Djordjevic.
10 JUDGE AGIUS: Thank you. Now why is this not working? I can't
11 hear anything. Let me see if it's the volume. All right. Okay. Thank
13 Appearances. Let's start with the Prosecution first.
14 MR. WOOD: Yes, good morning, Your Honour. Kyle Wood and
15 Christine Dahl for the Prosecution, along with our case manager,
16 Colin Nawrot.
17 JUDGE AGIUS: Thank you, and welcome to this Status Conference.
18 Defence counsel.
19 MR. DJURDJIC: [Interpretation] Good morning, Your Honour.
20 Veljko Djurdjic as Defence counsel.
21 JUDGE AGIUS: Thank you. And good morning to you and welcome to
22 this Status Conference. Before we proceed any further, I would like to
23 make sure that everyone can follow the proceedings in a language they
24 understand. And of course in particular, I refer myself to you,
25 Mr. Djordjevic. Are you able to follow the proceedings in a language
1 that you understand?
2 THE APPELLANT: [Interpretation] I can.
3 JUDGE AGIUS: Thank you.
4 So this Status Conference is called in accordance with
5 Rule 65 bis of the Rules of Procedure and Evidence of this Tribunal. As
6 you know, Rule 65 bis (B) requires a Status Conference to be convened
7 every 120 days after the filing of a notice of appeal, and thereafter
8 within 120 days after the last Status Conference. The purpose is to
9 allow any person in custody pending appeal the opportunity to raise
10 issues in relation thereto, including the mental and physical condition
11 of that person.
12 In the present appeal, the parties filed the notices of appeal on
13 24th May 2011, and the first Status Conference was held on the
14 30th of May of last year. The second and third Status Conferences were
15 held on 21st September 2011 and 16th January 2012 respectively. Today's
16 Status Conference being the fourth in this case was scheduled by an order
17 issued by me on 29th March 2012.
18 The first topic I'm going to deal with is the detention
19 conditions and health of appellant Djordjevic.
20 Mr. Djordjevic, if you have any concerns in relation to the
21 conditions of your detention or your state of health, I would invite you
22 to raise them now; and if you prefer, this discussion can proceed in
23 private session.
24 THE APPELLANT: [Interpretation] Everything is fine, Your Honour.
25 I have no concerns at all.
1 JUDGE AGIUS: Okay. I thank you, Mr. Djordjevic.
2 Yes, I will proceed with giving an account, a short account, of
3 the recent procedural history in this case. And I know that this is
4 information that you are aware of, but one of the purposes of the
5 Status Conference is also to make public the recent developments in this
7 Before everything else, then, I would say that on the
8 11th March 2011, the parties were granted an extension of time of 60 days
9 to file their notices of appeal. Both parties filed their respective
10 notices of appeal on 24th May 2011. The Prosecution presented
11 two grounds of appeal and Djordjevic presented 19 grounds of appeal. On
12 the 27th May of last year, the Djordjevic Defence filed a motion
13 requesting an extension of time and word limit in respect of its appeal
14 brief. At the Status Conference of 30th May 2011, I extended the
15 dead-line for filing appeal briefs by seven days to 15th August 2011 for
16 both parties. In addition, I granted the Djordjevic Defence an extension
17 of up to 15.000 words for its appeal brief and granted the Prosecution
18 the same extension in respect of its brief in response. Both parties
19 filed their appeal briefs on 15th August 2011.
20 At the Status Conference held on the 21st September 2011, the
21 Djordjevic Defence team requested an extension of time of 15 days for the
22 filing of its reply brief as well as an extension of the word limit by
23 6.000 words. I granted both parties an extension of time till
24 26th October 2011 for the filing of their briefs and reply and also
25 granted the Djordjevic Defence team an extension of up to 3.000 words.
1 Both parties filed their response briefs on 26th September 2011 and
2 subsequently filed their reply briefs on 26th October 2011.
3 As requested by myself, the Prosecution filed a public redacted
4 version of its appeal brief on 17th August 2011. Similarly, on
5 30th September 2011, the Djordjevic Defence team filed its public
6 redacted version. This was later withheld pending determination of a
7 confidential motion filed on 24th November 2011 by the Prosecution, in
8 which it requested the redaction of certain information from Djordjevic's
9 appeal brief. The Djordjevic Defence filed its confidential response to
10 the motion on 7th December of last year and the Prosecution filed its
11 confidential reply two days later on the 9th of December of last year.
12 I issued a confidential decision on this matter in my capacity as
13 pre-Appeal Judge on 20 January 2012, and in that decision I granted the
14 Prosecution motion in part and ordered, inter alia, Djordjevic to file a
15 new public redacted version of his appeal brief, incorporating one
16 additional redaction. Pursuant to that decision, appellant Djordjevic
17 re-filed the public redacted version of this appeal brief on 23rd January
18 of this year. Both parties filed public redacted versions of their
19 response briefs on 30th January 2012. The Prosecution filed its public
20 redacted reply brief on 8 February 2012 and appellant Djordjevic filed a
21 notice of re-classification of his reply brief on 9th February 2012.
22 Finally, in case any one of you is not aware of this, I note that
23 on the 7th of March of this year the Tribunal's President,
24 President Meron, issued an order replacing a Judge in this appeal.
25 Pursuant to that order, Judge Khalida Rachid Khan was assigned to the
1 Bench in place of Judge Fausto Pocar. So that's the procedural history.
2 Having said this I'll move to the next matter on the issue, on
3 the agenda, and that is any issue that the parties might wish to raise,
4 and I start with the Prosecution. Is there any matter that you would
5 like to raise?
6 MR. WOOD: No. Thank you, Your Honour.
7 JUDGE AGIUS: I thank you.
8 Mr. Djurdjic, any matter that you would like to raise?
9 MR. DJURDJIC: [Interpretation] No. Thank you, Your Honour.
10 JUDGE AGIUS: I thank you.
11 And appellant Djordjevic, is there anything that you wish to
12 state? Any matter that you would like to raise?
13 THE APPELLANT: [Interpretation] No. Thank you, Your Honour.
14 JUDGE AGIUS: Okay. Before I conclude I just wanted to inform
15 you that the Chamber is working hard on this case and is pretty well
16 advanced in its preparation for the hearing. My anticipation is that we
17 will soon have our documentation in preparation of the hearing ready.
18 We'll go through it, me and my colleagues, before we set a day for the
19 hearing of the appeal. I anticipate that to happen either very late this
20 year or early next year. Thank you.
21 This concludes today's Status Conference. I take this
22 opportunity to thank you all for your attendance and now adjourn this
23 session. Thank you.
24 --- Whereupon the Status Conference
25 adjourned at 9.43 a.m.