Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Thursday, 23 August 2012

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellant entered court]

 5                           --- Upon commencing at 9.29 a.m.

 6             JUDGE AGIUS:  Good morning, everybody.

 7             Madam Registrar, could you 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:  Okay.  Thank you.

11             Could I have the appearances, starting with the Prosecution,

12     please.

13             MR. WOOD:  Yes.  Good morning, Your Honour.

14             JUDGE AGIUS:  Good morning.

15             MR. WOOD:  Kyle Wood for the Prosecutor today, along with

16     Christine Dahl and our case manager Colin Nawrot.

17             JUDGE AGIUS:  Thank you very much.

18             And for the Defence?

19             MR. DJURDJIC: [Interpretation] Good morning, Your Honours.

20     Veljko Djurdjic, a co-counsel for the Defence.

21             JUDGE AGIUS:  Thank you.

22             Before we proceed, I want to make sure that Appellant Djordjevic

23     is able to follow the proceedings in a language that he understands.  I

24     see him nodding.  Thank you.

25             This Status Conference is called in accordance with Rule 65 bis

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 1     of the Rules of Procedure and Evidence of the Tribunal.  Rule 65 bis (B)

 2     requires a Status Conference to be convened within 120 days after the

 3     filing of a notice of appeal and thereafter within 120 days after the

 4     last Status Conference.  Purpose of such status conferences is to allow

 5     any person in custody pending appeal the opportunity to raise issues in

 6     relation thereto, and that includes also submissions regarding the mental

 7     and physical condition of the person.

 8             In the present case the parties filed notices of appeal way back

 9     on the 24th of May, 2011, and the first Status Conference was held on the

10     30th of May, 2011.  The second, third, fourth Status Conferences were

11     held on the 21st September 2011, 16 January 2012, and 11th May 2012

12     respectively.  Today's Status Conference being the fifth in this case was

13     scheduled by an order issued by me on the 10th of July, 2012.

14             I would like to, first of all, inquire into the status of the

15     detention conditions and the health situation of appellant,

16     Mr. Djordjevic.

17             Mr. Djordjevic, if you have any concerns in relation to the

18     conditions of your detention or your state of health, I would like to

19     invite you to raise them now.  And if you prefer, as I have advised you

20     on previous occasions, this discussion can take place in private session

21     if you so wish.

22             THE APPELLANT: [Interpretation] Everything is in order.  Thank

23     you very much.

24             JUDGE AGIUS:  Thank you.  Before we turn to any issue that the

25     parties may wish to raise, I would like to briefly set out the procedural

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 1     history of this case.  I should note here that with the exception of the

 2     Scheduling Order issued on 10th July 2012, there have been no orders or

 3     decisions issued in this case and no filings by the parties since the

 4     last Status Conference which, as I said before, was held in May of this

 5     year.  Therefore, the procedural history I am about to summarise will

 6     essentially be the same as that summarised during the last

 7     Status Conference.  And the parties will of course already be aware of

 8     all this information.  However, it is important also that the public also

 9     be made aware of the background of this case, and for that reason I will

10     repeat the information here today.

11             On 11th March 2011, the parties were granted an extension of time

12     of 60 days to file their notices of appeal.  Both parties filed their

13     respective notices of appeal on 24th May 2011.  The Prosecution presented

14     two grounds of appeal and Djordjevic presented 19 grounds of appeal.  On

15     the 27th of May, 2011, the Djordjevic Defence filed a motion requesting

16     an extension of time and word limit in respect of its appeal brief.  At

17     the Status Conference held on the 30th of May, 2011, I extended the

18     dead-line for filing appeal briefs by seven days, that is, up to 15th

19     August 2011 and this was for both parties.  In addition, I granted the

20     Djordjevic Defence an extension of up to 15.000 words for its appeal

21     brief and granted the Prosecution the same extension in respect of its

22     brief and response.  Both parties filed their appeal briefs on 15th

23     August 2011.

24             At the Status Conference held on 21st September 2011, the

25     Djordjevic Defence requested an extension of time of 15 days for the

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 1     filing of its reply brief as well as an extension of the word limit by

 2     6.000 words.  I granted both parties an extension of time up to the 26th

 3     of October 2011 for the filing of the briefs and reply and also granted

 4     the Djordjevic Defence team an extension of up to 3.000 words.

 5             Both parties filed their response briefs on the 26th September

 6     2011 and subsequently filed their reply briefs on the 26th of October,

 7     2011.

 8             The Prosecution subsequently filed a public redacted version of

 9     its appeal brief on 17th August of last year, and on the 30th of

10     September of last year, the Djordjevic Defence filed its public redacted

11     version.  This was later withheld, pending determination of a

12     confidential motion filed on the 24th of November, 2011, by the

13     Prosecution in which it requested the redaction of certain information

14     from Djordjevic's appeal brief.  The Djordjevic Defence filed its

15     confidential response to the motion on the 7th December of last year, and

16     the Prosecution filed a confidential reply on the 9th of December, 2011.

17             I issued a confidential decision on this matter in my capacity as

18     pre-appeal Judge on the 20th of January of this year.  In that decision I

19     granted the Prosecution's motion in part and ordered, inter alia,

20     appellant Djordjevic to file a new public redacted version of his appeal

21     brief, incorporating one additional redaction.  Pursuant to that

22     decision, Djordjevic re-filed the public redacted version of this appeal

23     brief on the 23rd of January, 2012.  Both parties filed public redacted

24     versions of their response briefs on the 30th of January of this year.

25     The Prosecution filed its public redacted reply brief on 8th February and

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 1     Djordjevic filed a notice of reclassification of his reply brief on 9th

 2     February of this year.

 3             Finally, on the 7th of March, 2012, President Meron issued an

 4     order replacing a judge in this case.  Pursuant to that order

 5     Judge Khalida Rachid Kahn was assigned to the Bench in place of

 6     Fausto Pocar.  That concludes the part on the procedural history.

 7             I come to the next item on the agenda, namely, issues raised by

 8     the parties.  And at this point I would like to ask the parties whether

 9     they have any other issues that they would like to raise starting with

10     the Prosecution.  Ms. Dahl or --

11             MR. WOOD:  Nothing from the Prosecution.

12             JUDGE AGIUS:  Okay.

13             For Appellant Djordjevic.

14             MR. DJURDJIC: [Interpretation] Your Honour, the Defence has

15     nothing either at this point in time.

16             JUDGE AGIUS:  I thank you very much.

17             Unless there is anything that the Appellant Djordjevic himself

18     wants -- wishes to raise, I can bring this Status Conference to an end.

19             THE APPELLANT: [Interpretation] I have nothing to raise.  Thank

20     you.

21             JUDGE AGIUS:  Thank you.

22             This concludes today's Status Conference.  I would like to thank

23     the parties for their attendance as well as the recorders, interpreters,

24     and Registrar, and staff.  The next Status Conference will be called

25     within the 120-day time-limit that I referred to before.  Thank you and

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 1     good morning to everybody.

 2                           --- Whereupon the Status Conference

 3                           adjourned at 9.41 a.m.