Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Wednesday, 4th August, 1999

2 (Status Conference)

3 (Open session)

4 --- Upon commencing at 5.20 p.m.

5 JUDGE MUMBA: I wanted to remind the parties

6 that orders were already issued by the Trial Chamber

7 for release of the audio-visual record of the visual

8 record according to Rule 81(D) and also the order

9 regarding permitting photography. These orders were

10 issued on the 9th of March, 1998, so they are still in

11 force.

12 The third order was also issued concerning

13 the filing of motions by the Trial Chamber. The order

14 was also issued on 9th March, 1998. It is still in

15 force regarding this indictment, so there's no need for

16 new orders to be issued by the Trial Chamber.

17 The order is hereby issued for the detention

18 and remand of the accused pursuant to Rule 64 of the

19 Rules of Procedure and Evidence, so that he can remain

20 in the detention unit until further order.

21 I will now turn to the Prosecution regarding

22 disclosure and all the relevant sequence of events that

23 follow the initial appearance. I would like to know

24 what the position is.

25 MR. RYNEVELD: Yes, Your Honour. My

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1 understanding is that we are in a position to provide,

2 in general, most of the disclosure required immediately

3 today, and there are -- I could ask my colleague,

4 perhaps, to provide you with some specifics. I

5 understand that there are English versions available

6 immediately but there are other versions which will be

7 available in due course.

8 JUDGE MUMBA: Yes. Can we have the

9 specifics, please?

10 MS. KUO: Yes, Your Honour. We are prepared

11 to provide in English and in B/C/S copies of the

12 indictment, copies of the witness statements, all 11

13 witness statements, which comprise the supporting

14 materials, as well as a statement of facts that was

15 also part of the supporting materials.

16 We are aware of our obligation to provide any

17 other materials that constituted the supporting

18 materials in both languages within 30 days, and so we

19 will be able to comply with that forthwith. Today, we

20 have the two binders of English and B/C/S versions of

21 the documents I mentioned.

22 JUDGE MUMBA: Thank you very much. The Trial

23 Chamber is concerned with this particular case because

24 there is another case which was part of the original

25 indictment which the accused is facing. The Trial

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1 Chamber is interested in having this particular case

2 coming to trial within a short period, because in the

3 other trials the Trial Chamber is facing are about to

4 come to a close. So it may be that within four or five

5 months that the Trial Chamber may be ready to set a

6 trial date and actually start trial for this particular

7 accused.

8 So I would like to plead with the Prosecution

9 to proceed very quickly with disclosure procedures so

10 that the Defence counsel will have enough time, within

11 the remaining months of this year, to prepare a defence

12 and be ready for trial.

13 MS. KUO: We will be able to, Your Honour.

14 As Your Honour pointed out, there is this other case,

15 and most of the other documents have been translated

16 already, so those will be available very quickly.

17 JUDGE MUMBA: Thank you very much.

18 We were informed by the Defence counsel that

19 the accused is okay, the detention facilities are all

20 right. I would like to know whether there are any

21 other matters the Defence counsel would like to raise

22 at this stage.

23 MR. MORRISON: Nothing specific, Your

24 Honour. I understand from Your Honour's comments that

25 Your Honour may be anticipating that the trial of this

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1 defendant will be a trial of him alone.

2 JUDGE MUMBA: No, no, that it may come up

3 rather early, early next year.

4 MR. MORRISON: I'm grateful for that

5 indication. I can indicate now that it may be,

6 although I may not be making the application myself,

7 that there will be a motion before the Court for the

8 severance of his case from this indictment because he

9 only faces the two counts on the indictment. Of

10 course, that's a motion which will have to be

11 determined upon its merits if and when it is made, but

12 I think it's proper that the Court should be

13 forewarned, for the administration of this case, that

14 that may well happen, that there may be such an

15 application.

16 Beyond that, I should be grateful to receive

17 such disclosure as available today and, of course, to

18 state the obvious point, that the defendant will

19 require all of the documentation in B/C/S, rather than

20 in English or in French.


22 MR. MORRISON: Thank you very much.

23 JUDGE MUMBA: Any matters to be raised by the

24 Prosecution at this stage?

25 MR. RYNEVELD: No. At this time, Your

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1 Honour, I believe those are all the issues. Thank

2 you.

3 JUDGE MUMBA: Thank you very much. I believe

4 we've come to the end of our proceedings this

5 afternoon. The Court will rise until further order.

6 --- Whereupon the hearing adjourned at

7 5.30 p.m.