Tribunal Criminal Tribunal for the Former Yugoslavia

Page 36

1 Wednesday, 2 November 2005

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 2.16 p.m.

6 JUDGE MUMBA: Good afternoon. Would the registrar please call the

7 case.

8 THE REGISTRAR: Yes. Thank you, Your Honour. Case number

9 IT-98-29-A, the Prosecutor versus Stanislav Galic.

10 JUDGE MUMBA: Thank you. May I have appearances for the

11 appellant. The appellant, please.

12 MS. PILIPOVIC: [Interpretation] Good afternoon, Your Honour. The

13 Defence of General Galic is represented today by myself, Mara Pilipovic,

14 and my colleague from Geneva, Mr. Piletta-Zanin.

15 JUDGE MUMBA: Thank you. The respondent, the Prosecution in this

16 case.

17 MS. BRADY: Good afternoon, Your Honour. Helen Brady, appearing

18 on behalf of the Prosecution, together with Mr. Steffen Wirth and our case

19 manager, Mr. Hasan Younis.

20 JUDGE MUMBA: Thank you.

21 This is a Status Conference, according to Rule 65 bis. Before we

22 start, I would like to find out from the appellant, Mr. Galic, can you

23 hear the proceedings in a language you understand, please?

24 THE APPELLANT: [Interpretation] Good afternoon, Your Honour. Yes,

25 I can. No problem. Everything is fine.

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1 JUDGE MUMBA: Thank you. You may be seated.

2 This is a Status Conference according to the Rules to allow the

3 appellant to express concerns relating to the appeal or detention

4 conditions or any other matters that may arise, and also to update the

5 appellant and the parties on the status of their case, the appeal in this

6 case.

7 So far, on the record, it shows that all the motions have been

8 dealt with. There is none pending. The last one was filed on the 31st of

9 October this year, and I'm sure the parties have got their copies.

10 The scheduling of the appeal for hearing is still being awaited by

11 the Appeals Chamber, on account of the work-load which is pending. There

12 are other appeals which are filed before this appeal, so in due course I

13 am hopeful that this appeal hearing will be scheduled for the near future,

14 at the beginning of next year, most likely.

15 I would like to find out from the appellant's representatives

16 whether there are any matters they would like to raise.

17 MR. PILETTA-ZANIN: [Interpretation] Yes, Your Honour. The Defence

18 would like to be provided with further details on the date of the hearing.

19 We have to get ourselves organised. We don't work in the same country, in

20 the same towns, which means we have to get ourselves organised. Three

21 times now we've been told how things would evolve and we would like to

22 know, if it is at all possible, to know exactly when this will occur. For

23 instance, if it could be the second or the third or the fourth week,

24 because we all have duties to perform, and lawyers also have certain

25 obligations they need to meet.

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1 JUDGE MUMBA: Yes. Thank you very much.

2 Any matters from the Prosecution to be raised, pending --

3 regarding this appeal?

4 MS. BRADY: No specific issue, Your Honour. No specific issue

5 from the Prosecution, Your Honour. The only matter that we would ask is

6 that the Prosecution be given sufficient advance notice, of course, of the

7 hearing, preferably somewhere in the realm of six weeks, because we also,

8 like the Defence, would like to organise our preparations accordingly.

9 Thank you.

10 JUDGE MUMBA: That's understood.

11 Yes, I see --

12 MR. PILETTA-ZANIN: [Interpretation] Your Honour, if I may.

13 Bearing this in mind also, I think it would be useful to both parties --

14 it would be useful to know how much time will be allocated for our

15 submissions. Because if we get ourselves organised, we need to know how

16 much time we will have to make our submissions; whether it's one hearing

17 or several hearings.

18 JUDGE MUMBA: Yes. Normally in practice the Appeals Chamber, when

19 they start setting dates for hearings of appeals, they do find out from

20 the parties, from the lawyers for both parties, as to what dates would

21 suit them. The Appeals Chamber would indicate the period, like, for

22 instance, the month, or just the period, and then the parties would be

23 able to notify the Appeals Chamber as to what dates would suit them. And

24 also, on the times for submissions, normally again in practice, the

25 Appeals Chamber does find out from the parties how much time they think

Page 39

1 they need to make their submissions. So that shouldn't worry either

2 party. It will be done by the Appeals Chamber when the time comes.

3 I would now like to find out from the appellant, Mr. Galic,

4 whether there is anything he would like to draw the attention of the

5 Appeals Chamber to. Mr. Galic.

6 THE APPELLANT: [Interpretation] Your Honour, I have nothing in

7 particular to raise since the last Status Conference except that I

8 received another treatment for my spine on the 24th, and I can say that

9 after the first treatment I described, for another month, as I had assumed

10 and as you have heard already, I waited for another treatment. But if I

11 were granted provisional release, I would be able to get better treatment.

12 That's my firm conviction. Because this treatment does not meet my needs.

13 As my neurosurgeon said, the only thing that I can do here is to wait and

14 suffer, and I have been suffering for six years now.

15 JUDGE MUMBA: Yes. That's all?

16 THE APPELLANT: [Interpretation] Yes, that's all.

17 JUDGE MUMBA: Thank you. As a result of what the appellant has

18 said, the lawyers, the representatives, do they have anything to add?

19 Nothing. I see nothing.

20 Yes, Mr. Galic. The Appeals Chamber does follow on the records of

21 all the appellants who are awaiting the appeals hearing, and I'm glad to

22 hear that at least you are receiving some treatment, although you indicate

23 that had you been provisionally released, you would have received better

24 treatment. I'm sure that your lawyers would make the requisite

25 applications before the Appeals Chamber if it became necessary for you to

Page 40

1 receive treatment which is not available in this country or in the

2 Detention Unit.

3 So be assured that any time that there is anything extra that has

4 to be done, please inform your lawyers and they'll be able to make the

5 necessary applications or motions to the Appeals Chamber.

6 Besides that, any other matters? The Prosecution? No?

7 MS. BRADY: No, Your Honour.

8 JUDGE MUMBA: The Defence?

9 MS. PILIPOVIC: [Interpretation] No, Your Honour.

10 JUDGE MUMBA: Thank you very much. There being no other matters,

11 the proceedings will adjourn.

12 --- Whereupon the Status Conference adjourned

13 at 2.25 p.m.