Tribunal Criminal Tribunal for the Former Yugoslavia

Page 351

1 Tuesday, 14 February 2006

2 [Status Conference]

3 [Open session]

4 [The appellants entered court]

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

6 JUDGE POCAR: Good morning to everybody.

7 Mr. Registrar, may you call for appearances.

8 THE REGISTRAR: Yes. Thank you, Mr. -- Thank you, Your Honour --

9 JUDGE POCAR: Just call the case. I'm sorry. I'm sorry. It's

10 too early in the morning.

11 THE REGISTRAR: Case Number IT-98-34-A --

12 JUDGE POCAR: Just call the case --

13 THE REGISTRAR: -- the Prosecutor versus Mladen Naletilic and Vinko

14 Martinovic.

15 JUDGE POCAR: I thank you.

16 Now may I call for the appearances of the Prosecution.

17 MR. KREMER: Yes, Peter Kremer and Marie-Ursula Kind appearing as

18 counsel for the Prosecution. Our case manager, Lourdes Galicia, is with

19 us.

20 JUDGE POCAR: I thank you.

21 Now may we have the Defence.

22 MR. MEEK: May it please Your Honour, C.Y. Meek, Baxter Springs,

23 Kansas, for Mladen Naletilic.

24 JUDGE POCAR: Thank you.

25 MR. PAR: [Interpretation] Good morning, Your Honour. Zelimir Par,

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1 Defence counsel for Mr. Martinovic.

2 JUDGE POCAR: Thank you.

3 Now, may I ask the appellants if they can hear the proceedings in

4 a language they understand. Is there any problem with the translation?

5 THE APPELLANT MARTINOVIC: [Interpretation] Yes. Thank you,

6 Your Honour.

7 JUDGE POCAR: Thank you.

8 I feel that I don't have to recall you the requirements to hold

9 this Status Conference because I hope this will be the last Status

10 Conference in this case. I note that the appellants last appeared before

11 the Appeals Chamber on 17/18 October 2005 for the appeals hearing. Now,

12 the first thing I would like to ask the appellants if there is any concern

13 relating to the appeal, to detention conditions. Is there any problem of

14 this kind?

15 THE APPELLANT NALETILIC: [Interpretation] No, Your Honour.

16 THE APPELLANT MARTINOVIC: [Interpretation] No, Your Honour.

17 JUDGE POCAR: Thank you. If there is no concern of this kind, as

18 to the status of the case I don't have much to say. I mean, the appeal

19 was heard, as I said earlier, in October, last October, and the Appeals

20 Chamber is in the process of drafting the appeals judgement that will be

21 issued in due course in not a too long time now. It will be in a

22 relatively short delay, but of course I cannot say anything about the

23 judgement now. As for myself, I do not have anything more to say. I

24 would ask the parties if there is any matter they wish -- they wish to

25 raise at this juncture.

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1 Prosecution?

2 MR. KREMER: No, Your Honour.

3 JUDGE POCAR: Thank you.

4 Defence, may I ask if there is anything you want to raise at this

5 point?

6 MR. MEEK: [Microphone not activated]

7 JUDGE POCAR: There is a problem. It's gone off.

8 Now we have a technical problem.

9 [Trial Chamber and registrar confer]

10 MR. MEEK: It's on. It's working. Your Honour, I would just like

11 to say that the request had been made of the Defence counsel and the

12 accused to possibly waive this hearing a week or two ago, and I'd just

13 like to say that had we been in a position to speak with our -- at least

14 personally myself -- if I have been in a position to speak with my client

15 personally, face-to-face, this Status Conference possibly likely would

16 have been waived; however, we've been denied the right to consult with our

17 clients on a monthly basis as we always have since this case has started,

18 since I've been involved for four years, and I just wanted to let the

19 Court know that that is the reason we could not waive that without

20 speaking to our client -- my client, at least.

21 JUDGE POCAR: Thank you, but there is no problem. It was not a

22 formal request it was just a just -- I just asked the parties if they wish

23 to have the Status Conference or not. I mean, simply that.

24 Mr. Par?

25 MR. PAR: [Interpretation] Your Honour, the Defence for

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1 Mr. Martinovic has no questions in relation to this Status Conference.

2 JUDGE POCAR: I thank you very much.

3 Well, if this is the case, I believe we can adjourn the

4 proceedings now. The Status Conference is therefore adjourned.

5 --- Whereupon the Status Conference adjourned at

6 8.08 a.m.