Tribunal Criminal Tribunal for the Former Yugoslavia

Page 217

 1                           Thursday, 24 May 2012

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellants entered court]

 5                           --- Upon commencing at 10.30 a.m.

 6             JUDGE GUNEY: [No interpretation]

 7             THE INTERPRETER:  Microphone, please.

 8             JUDGE GUNEY: [No interpretation]

 9             Yes?

10             THE INTERPRETER:  Yes, it's fine now.  Thank you very much,

11     Your Honour.

12             JUDGE GUNEY: [Interpretation] Let me repeat.  Good morning to you

13     all.  The Court is in session.

14             Registrar, can you kindly call the case, please, for today's

15     hearing.

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

17     IT-98-32/1-A, the Prosecution versus Milan Lukic and Sredoje Lukic.

18             JUDGE GUNEY:  Thank you.

19             Mr. Milan Lukic, can you hear the proceedings in a language you

20     understand?

21             THE APPELLANT M. LUKIC: [Interpretation] Good day, Your Honour.

22     Yes, I can.

23             JUDGE GUNEY:  Thank you.

24             Mr. Sredoje Lukic, can you hear the proceedings and follow the

25     proceedings in a language you understand?

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 1             THE APPELLANT S. LUKIC: [Interpretation] Yes, Your Honour.

 2             JUDGE GUNEY:  I would like to have the appearances now, please,

 3     and I shall start with the representative of the OTP, please.

 4             MR. GILLETT:  Good morning, Your Honour.  My name is

 5     Matthew Gillett, appearing for the Prosecution together with Peter Kremer

 6     and our case manager, Colin Nawrot.  Thank you.

 7             JUDGE GUNEY:  Thank you, Mr. Gillett.

 8             I'm now turning to the counsel of Mr. Lukic.

 9             MR. VISNJIC: [Interpretation] Good day, Your Honour.

10     Tomislav Visnjic and Dragan Ivetic on behalf of Milan Lukic.

11             JUDGE GUNEY:  Let me now turn to the counsel of

12     Mr. Sredoje Lukic.

13             MR. CEPIC:  Good morning, Your Honour.  On behalf of the

14     Sredoje Lukic Defence team, myself, Djuro Cepic, as lead counsel and also

15     appearing with me, Mr. Jens Dieckmann as co-counsel.  Thank you.

16             JUDGE GUNEY:  Thank you.  I would like to share with you today

17     the fact that this Status Conference has been convened pursuant to

18     Rule 65 bis (B) and (C) of the Rules of Procedure and Evidence of the

19     Tribunal, which require that a Status Conference be held within 120 days

20     of the filing of the Notice of Appeal, and then after that, 121 days

21     after the previous Status Conference.  The main purpose of such a

22     Status Conference is to provide any person in detention pending an

23     appeals judgement the possibility to raise questions relating to the

24     latter, including his or her state of mental and physical health.

25             Today it is the eighth Status Conference held as part of the

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 1     appeals procedure in this case.  The last Status Conference was held on

 2     the 23rd of January, 2012.  The parties have accepted that this

 3     Status Conference be held outside the 121-day deadline with a view to

 4     meeting the availability of the counsel.

 5             I would like to tell you that we intend filing the appeals

 6     judgement before or immediately after the summer recess of 2012.

 7     Unfortunately, I am today unable to give you any further details relating

 8     thereto.

 9             I would now like to turn to Mr. Milan Lukic and Sredoje Lukic to

10     ask them whether they have any questions relating to their conditions in

11     detention or their state of health.

12             Let me first turn to Mr. Milan Lukic.  Would you like to share

13     with me any concerns you may have regarding your conditions of detention

14     or your state of health?

15             THE APPELLANT M. LUKIC: [Interpretation] As far as the conditions

16     in the Detention Unit are concerned, everything is fine.  As far as my

17     health is concerned, I do have certain health-related problems.  That's

18     been the case for seven years.  I've been trying to prove that my eyes

19     aren't blue.  I have a document from the international court that states

20     that I have blue eyes, tattoos, and a birth-mark on my face.  That has

21     never been the case, and as a result, I suffer to a large extent as a

22     man.  Thank you.

23             JUDGE GUNEY:  Thank you.  I have noted the concerns you have just

24     addressed.  Let me remind you that pursuant to Rules 80 and 81 of the

25     Rules relating to conditions in detention, you may at any time submit a

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 1     request to the commanding officer of the UNDU, and if necessary, to the

 2     Registrar.

 3             Let me now turn to Sredoje Lukic.  Would you like to share with

 4     me any concerns you may have relating to your conditions of detention or

 5     relating to your state of health?

 6             THE APPELLANT S. LUKIC: [Interpretation] Your Honour, first of

 7     all I would like to thank you for giving me the floor.

 8             There is nothing I have to say.  Everything is fine, quite

 9     normal.

10             JUDGE GUNEY:  I'd like to thank you.  You may sit down.

11             I would finally like to ask the parties whether at this juncture

12     they have any questions they would like to raise at this

13     Status Conference.  I shall first turn towards the representative of the

14     OTP.

15             MR. GILLETT:  We have no issues to raise today.  Thank you.

16             JUDGE GUNEY:  Thank you, Mr. Gillett.

17             Do the representative of -- or the counsel of Mr. Milan Lukic

18     have any particular issue they would like to raise?

19             MR. VISNJIC: [Interpretation] There are no new issues that we

20     would like to raise.

21             JUDGE GUNEY:  Thank you, Mr. Visnjic.

22             Let me now turn to the counsel of Mr. Sredoje Lukic.  Have you

23     any particular issue you would like to raise at this stage?

24             MR. CEPIC:  Today nothing to raise, Your Honour.  Thank you.

25             JUDGE GUNEY:  Thank you, Mr. Cepic.

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 1             As far as I'm concerned, I have no further issues I wish to

 2     raise, and I therefore believe that the hearing can be adjourned.  I

 3     would like to thank the parties for having attended this

 4     Status Conference, as well as all the staff of the Tribunal that has

 5     contributed to the organisation of this short Status Conference.

 6             The Court stands adjourned.

 7                           --- Whereupon the Status Conference adjourned

 8                           at 10.40 a.m.