Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 4 April 2007

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellant entered court]

 5                           [the appellant Kubura not present]

 6                           --- Upon commencing at 8.01 a.m.

 7             JUDGE SHAHABUDDEEN:  Well, good morning to all of you.

 8             Mr. Registrar, will you please call the case.

 9             THE REGISTRAR:  Good morning, Your Honour.  This is case number

10     IT-01-47-A, the Prosecutor versus Enver Hadzihasanovic and Amir Kubura.

11             JUDGE SHAHABUDDEEN:  I would like to begin in the usual way by

12     ensuring that the audio equipment is working properly.

13             Mr. Hadzihasanovic, can you hear me in a language you understand?

14             THE APPELLANT HADZIHASANOVIC:  [No interpretation]

15             JUDGE SHAHABUDDEEN:  What about all of the counsel?

16             MS. RESIDOVIC: [Interpretation] Good morning, Your Honour.  We

17     can hear it and understand it.  For the Defence of General Enver

18     Hadzihasanovic, Edina Residovic, counsel; Stephane Bourgon, co-counsel;

19     and our legal assistant.  Thank you.

20             MR. IBRISIMOVIC: [Interpretation] Good morning, Your Honour.  For

21     the Defence of Mr. Kubura, Rodney Dixon, Fahrudin Ibrisimovic, and

22     Nermin Mulalic.  Thank you.

23             JUDGE SHAHABUDDEEN:  Thank you.

24             Counsel for the Prosecution.

25             MS. ISSA:  Good morning, Your Honour.  It's Antoinette Issa, with

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 1     me is Julia Thibord, and our case manager Sebastiaan van Hooydonk.

 2             JUDGE SHAHABUDDEEN:  Good.

 3             I want to apologise for bringing you out so early.  This is not

 4     unusual in this Tribunal.  You will understand the limitations imposed on

 5     us all by the arrangements.

 6             So I would like to call formally for the appearances.  Would

 7     counsel for Mr. Hadzihasanovic so signify.

 8             MS. RESIDOVIC: [Interpretation] Your Honour, for the Defence of

 9     General Enver Hadzihasanovic, Edina Residovic, counsel; Stephane Bourgon,

10     co-counsel; and our legal assistant.

11             JUDGE SHAHABUDDEEN:  [Previous translation continues]...  that

12     counsel for Mr. Kubura and counsel for the Prosecution are the same?

13             MS. ISSA:  Yes.

14             JUDGE SHAHABUDDEEN:  Well, as you are aware, Rule 65 bis of the

15     Rules of Procedure and Evidence requires that Status Conferences be held

16     for each appellant in the Tribunal's custody at intervals no less than

17     120 days.  This is the third Status Conference at the appeals stage in

18     the case of Prosecution against Hadzihasanovic and Kubura.  The last

19     Status Conference in this case was held on the 11th December, 2006.  This

20     conference, therefore, falls within the 120-day period prescribed by

21     Rule 65 bis.

22             While Mr. Hadzihasanovic is presently in the custody -- in

23     custody at the United Nations Detention Centre, Mr. Kubura was granted

24     early release on 11th April 2006, and therefore he was not strictly

25     entitled to a Status Conference under Rule 65 bis.  However, in the

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 1     interests of justice and in order to facilitate the appeals process, he

 2     was invited to be represented at this Status Conference along with his

 3     colleague Mr. Hadzihasanovic.

 4             I am pleased to see that Mr. Kubura's counsel joined us for this

 5     Status Conference.  Again, I bid you all a warm welcome.

 6             I would like to remind the parties that Status Conferences serve

 7     two purposes.  First, they allow the appellants an opportunity to express

 8     concerns relating to the appeal and detention conditions; and second,

 9     they provide an opportunity to update the appellants with respect to the

10     status of their case.

11             I will begin with the second of these objectives; namely, an

12     update.  This case involves three appeals filed by Mr. Hadzihasanovic,

13     Mr. Kubura, and the Prosecution.  As you know, the pleadings are now

14     closed.  The hearing will be scheduled in due course.  I would merely

15     recapitulate the main steps that have occurred so far.

16             On 15 March 2006, Trial Chamber II rendered its judgement in the

17     case of Prosecutor against Hadzihasanovic and Kubura.  Mr. Kubura filed

18     his notice of appeal from that judgement on 13th April 2006.

19     Mr. Hadzihasanovic filed his notice of appeal on 18th April 2006, and on

20     the same day the Prosecution filed its notice of appeal.

21             Subsequently, Mr. Hadzihasanovic and Mr. Kubura sought extensions

22     of time to file their appeal briefs, pending translations of the trial

23     judgement.  The judgement had been rendered in French, a language that

24     Mr. Hadzihasanovic and counsel for Mr. Kubura do not speak.

25             On 27 June 2006, I, as Pre-Appeal Judge, granted

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 1     Mr. Hadzihasanovic's motion, seeking an extension of time for the

 2     submission of his appeal brief until 45 days after the transmission to

 3     him of a partial B/C/S translation of the trial judgement with a full

 4     translation to be completed subsequently.

 5             Mr. Kubura requested an extension corresponding to the full

 6     75-day period ordinarily allowed under Rule 111 for the filing of his

 7     appeal brief.  He was granted an extension until six days after the

 8     transmission to his counsel of a certified English translation of the

 9     trial judgement.  The decision also found that the Prosecution was

10     entitled to file a consolidated brief and to wait until 40 days after the

11     filing of the second of the two appellants' briefs.

12             Meanwhile, as I have said, the Prosecution filed a notice of

13     appeal on 18th April 2006.  It filed its appeal brief on 3 July 2006.

14     Mr. Kubura and Mr. Hadzihasanovic subsequently filed separate motions

15     seeking extensions of time to file their respondents' briefs until 40

16     days after the transmission of translations of the trial judgement to

17     Mr. Kubura's counsel and to Mr. Hadzihasanovic respectively.  The motions

18     were granted on 26th July and 8th August 2006.  Both decisions noted that

19     the Prosecution would be permitted to file a consolidated brief within 15

20     days of the filing of the later of the two response briefs of

21     Mr. Hadzihasanovic and Mr. Kubura.

22             The English translation of the full trial judgement was

23     transmitted to the parties on 23 November 2006, and the B/C/S translation

24     or the full trial judgement was transmitted to the parties on 1 December

25     2006.

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 1             At the Status Conference held in this case on 11 December 2006, I

 2     granted the parties' requests, which were agreed to by counsel for both

 3     accused and the Prosecution, to modify the deadlines previously set for

 4     the filing of certain pleadings.  Mr. Hadzihasanovic and Mr. Kubura were

 5     granted an extension for the filing of their pre-appeal briefs until

 6     22 January 2007 and for the filing of the response briefs to the

 7     Prosecution's appeal until 10 January 2007.  The Prosecution was granted

 8     an extension of time for the filing of its consolidated brief until

 9     30 January 2007.

10             In accordance with the modified filing deadlines,

11     Mr. Hadzihasanovic and Mr. Kubura filed their response briefs in the

12     Prosecution's appeal on 10 January 2007.  The Prosecution filed its

13     consolidated reply brief on 30 January 2007.  Mr. Kubura filed his appeal

14     brief on 22 January 2007.

15             On 18 January 2007, counsel for Mr. Hadzihasanovic filed a motion

16     seeking an extension of the word limit for Mr. Hadzihasanovic's appeal

17     brief from 30.000 to 39.000 words.  In my capacity as Pre-Appeal Judge in

18     this case, I dismissed the motion on 22 January 2007.  A day later, the

19     Defence for Mr. Hadzihasanovic sought reconsideration of that decision

20     or, alternatively, an extension of time for filing of its pre-appeal

21     brief.

22             On 30 January 2007, I denied the motion for reconsideration but

23     granted Mr. Hadzihasanovic leave to file his appeal brief within five

24     days of that decision.  The decision further confirmed that the

25     Prosecution was entitled to file its consolidated response brief within

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 1     40 days of the filing of the later of the two appeal briefs of

 2     Mr. Hadzihasanovic and Mr. Kubura.

 3             Mr. Hadzihasanovic subsequently filed his confidential brief on

 4     5 February 2007, together with annexes amounting to 3200 pages, four

 5     DVDs, and two CDs.

 6             On 20 February 2007, the Appeals Chamber rendered a decision

 7     which declared null and void the appeal briefs filed by

 8     Mr. Hadzihasanovic on the ground that they did not comply with

 9     paragraph (C) of the Practice Direction on the length of briefs and

10     motions, and the decision of 30 January 2007.  It directed the registry

11     to remove the appeal brief annexes from the case file.  The Appeals

12     Chamber ordered Mr. Hadzihasanovic, if he so wished, to re-file the

13     annexes to his appeal brief within one week of the date of that decision.

14     Mr. Hadzihasanovic accordingly re-filed his confidential brief annexes on

15     27 February 2007.

16             On 19 March 2007, the Prosecution filed its confidential

17     consolidated response brief to the appeals of Mr. Hadzihasanovic and

18     Mr. Kubura.  Mr. Kubura filed his reply brief and Mr. Hadzihasanovic

19     filed his confidential reply brief on 3rd April 2007, that is yesterday.

20     Thus, the briefing in all three appeals is now complete.

21             Now, if I have recapitulated the steps, main steps, correctly,

22     would the parties indicate whether they have any concerns remaining in

23     respect of the appeals.

24             MR. BOURGON:  Good morning, Judge.  May it please the Court.  I

25     would just like to make a brief submission regarding one of the appeal

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 1     grounds which concerns the appeal which was raised by my client,

 2     Mr. Hadzihasanovic.  On the third ground of appeal, which was of course

 3     briefed in the initial appeal responded to, and we replied yesterday,

 4     there is an issue of obtaining translations or official translation of an

 5     audio-recording.  We indicated yesterday in our reply brief that we were

 6     in the process of obtaining this official translation of a segment, an

 7     audio-recording, a segment from the judgement, and I would just like to

 8     indicate to the Pre-Appeals Chamber that we are in the process of

 9     obtaining this official translation from CLSS, and that we will submit it

10     to the Appeals Chamber in due course.

11             JUDGE SHAHABUDDEEN:  Mr. Bourgon, when is it likely to be ready?

12             MR. BOURGON:  We anticipate any time -- any day, any day, Judge.

13             JUDGE SHAHABUDDEEN:  Perhaps I can hear from the Prosecution.

14             MS. ISSA:  Well, Your Honour, I -- we were not actually aware of

15     this matter until Mr. Bourgon raised it.  I would have to, obviously,

16     consider it and have the opportunity to understand exactly what -- what

17     issue this relates to specifically in the reply brief.  As you know, it

18     was filed yesterday, and we haven't had that much time to consider our

19     position.

20             JUDGE SHAHABUDDEEN:  Well, I understand you, Mr. Bourgon; you're

21     merely conveying the information to the Court and not to be making a

22     complaint?

23             MR. BOURGON:  No, not a complaint at all.  Simply to indicate --

24             JUDGE SHAHABUDDEEN:  Yeah.

25             MR. BOURGON:  -- the issue -- maybe I can clarify the issue for

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 1     the Appeals Chamber.  In our appeal, one of the -- one of the arguments

 2     that we raised was that there was a problem with the official translation

 3     of the audio-recording of what happened in the courtroom on the floor,

 4     and we submitted our own translation at that time, to which the

 5     Prosecution opposed in their response brief, and they say you cannot use

 6     that, you have to use an official translation.  So we are in the process

 7     of obtaining this official translation.

 8             We've indicated that in our brief, simply to say that as soon as

 9     we have it, then we will be in a position to submit this official

10     translation to the Appeals Chamber.  So it is by no means a complaint.

11             Thank you, Mr. President.

12             JUDGE SHAHABUDDEEN:  So your reply is not fully complete?

13             MR. BOURGON:  Other than -- other than for this part of

14     translation that we are -- that we will submit as soon as we get it.

15             JUDGE SHAHABUDDEEN:  All right.  Good.

16             Now, are there any other matters concerning the status of the

17     appeals?  Good.  Then could we hear whether Mr. Hadzihasanovic has any

18     concerns -- I'm sorry, counsel.

19             MR. IBRISIMOVIC: [Interpretation] Thank you, Mr. President.  At

20     this point, the Defence of Mr. Kubura has no questions to raise before

21     you.  Thank you.

22             JUDGE SHAHABUDDEEN:  Mr. Hadzihasanovic, would you like to say

23     whether the conditions of your detention are satisfactory?

24             THE APPELLANT HADZIHASANOVIC: [Interpretation] Good morning, Your

25     Honour.  I have nothing special to raise.  The conditions, as well as my

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 1     health, are quite well most of the time.  Thank you, and thank you for

 2     having asked me.

 3             JUDGE SHAHABUDDEEN:  Thank you.

 4             Well, if there are no -- Mr. Bourgon.

 5             MR. BOURGON:  Thank you, Judge.  There is one issue that we would

 6     like to alert the Appeals Chamber to on behalf of Mr. Hadzihasanovic, and

 7     that is that on behalf of Mr. Hadzihasanovic a request for early release.

 8     An application was filed before the President, and this application was

 9     filed on the 1st of March of this year.

10             According to the applicable Practice Direction, we were under the

11     understanding that a decision was to be rendered by the President seven

12     days before the date of eligibility for early release.  The date of

13     eligibility according to us is 7 April, and we were hopefully expecting a

14     decision before the Status Conference this morning.

15             I have been in contact with the Office of the President, and they

16     say the decision is in the making.  We believe that it was important to

17     mention this, so that it would be on the record of appeal that there is a

18     pending matter before the President concerning the early release of

19     Mr. Hadzihasanovic.

20             Thank you, Judge.

21             JUDGE SHAHABUDDEEN:  Thank you, Mr. Bourgon.  You have referred

22     to the Office of the President, and that means you are on home ground.

23     It remains for me to remind you that the motion to which you refer is, I

24     believe, a confidential document?

25             MR. BOURGON:  Indeed, Judge.

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 1             JUDGE SHAHABUDDEEN:  Yes.  Well, then shall we leave it this way,

 2     that we expect that the matter would be treated with the celerity it

 3     deserves, and that you will in due course hear from the Office of the

 4     President.  Yes.

 5             Now, if there are no other matters, may we take the ...

 6                           [Trial Chamber and registrar confer]

 7             JUDGE SHAHABUDDEEN:  Mr. Bourgon, I'm reminded that it would be

 8     appropriate, would it not, to have the transcript redacted on that point.

 9             MR. BOURGON:  Well, I do not believe so because the application

10     itself, although it was confidential, was actually given to the Appeals

11     Chamber, and the Appeals Chamber -- it is on the record.  So the Judges

12     of the Appeals Chamber have received a copy of this application, and the

13     fact that there is an application concerning early release is not a

14     confidential matter.  But there are issues inside the request itself that

15     are confidential.

16             JUDGE SHAHABUDDEEN:  All right.  Nothing in the motion has come

17     out; all you have referred to is the existence of a motion?

18             MR. BOURGON:  That is correct, Judge.

19             JUDGE SHAHABUDDEEN:  So we'll leave it there then.

20             Well, then maybe take the adjournment at this stage.  Thank you

21     very much.

22                           --- Whereupon the Status Conference

23                           adjourned at 8.27 a.m.