Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Tuesday, 22 July 2014

 2                           [Status Conference]

 3                           [Open session]

 4                           [The Appellants entered court]

 5                           [The Appellant Nikolic not present]

 6                           --- Upon commencing at 3.30 p.m.

 7             JUDGE ROBINSON:  Madam Registrar, please call the case.

 8             THE REGISTRAR:  Good afternoon, Your Honour.  This is case number

 9     IT-05-88-A, the Prosecutor versus Popovic et al.

10             JUDGE ROBINSON:  And may I have the appearances.  Prosecution?

11             MS. BASSETT:  Good afternoon, Your Honour.  Marisa Bassett for

12     the Prosecution with Peter Kremer and Case Manager Janet Stewart.

13             JUDGE ROBINSON:  Thank you.  And for the Defence, for

14     Mr. Popovic?

15             MS. TAPUSKOVIC:  Good afternoon, Your Honour.  My name is Mira

16     Tapuskovic.  I am co-counsel for Mr. Vujadin Popovic.

17             JUDGE ROBINSON:  Thank you.

18             And for Mr. Beara?

19             MR. OSTOJIC:  Thank you, Mr. President, good afternoon.  My name

20     is John Ostojic.  I'm here for Mr. Ljubisa Beara.

21             JUDGE ROBINSON:  Yes.  And Mr. Nikolic?

22             MS. NIKOLIC: [Interpretation] Good afternoon, Your Honour.

23     Jelena Nikolic on behalf of Drago Nikolic.

24             JUDGE ROBINSON:  Thanks.

25             And for Mr. Miletic?

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 1             MR. PETRUSIC: [Interpretation] Good afternoon, Your Honour.  My

 2     name is Nenad Petrusic.  I'm co-counsel for Mr. Miletic.

 3             JUDGE ROBINSON:  And Mr. Pandurevic?

 4             MR. HAYNES:  Good afternoon, Your Honour.  Peter Haynes for

 5     Vinko Pandurevic.

 6             JUDGE ROBINSON:  And may I now ascertain from the Appellants

 7     whether they are able to follow the proceedings in a language they

 8     understand.

 9             And I ask first Mr. Popovic.  Are you able to follow the

10     proceedings or are you having some difficulties?

11             THE USHER:  He has a problem.

12             THE APPELLANT POPOVIC: [Interpretation] Your Honour, I have not

13     been receiving interpretation.

14             JUDGE ROBINSON:  Well, that will be attended to.  I'll get back

15     to you.

16             Mr. Beara?

17             THE APPELLANT BEARA: [Interpretation] I can hear and understand

18     everything.  Thank you.

19             JUDGE ROBINSON:  Now, Mr. Nikolic --

20             THE APPELLANT MILETIC: [Interpretation] Your Honour, I can hear

21     and understand everything.

22             MS. NIKOLIC: [Interpretation] Mr. Nikolic is not present in the

23     court today.  I believe you have been notified.

24             JUDGE ROBINSON:  Yes, and we have a waiver of appearance from

25     Mr. Nikolic, yes.

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 1             So it's Mr. Miletic then.

 2             THE APPELLANT MILETIC: [Interpretation] Your Honour, I can hear

 3     you and understand everything.

 4             JUDGE ROBINSON:  And Mr. Pandurevic?

 5             THE APPELLANT PANDUREVIC: [Interpretation] I am hearing

 6     interpretation and everything is fine.

 7             JUDGE ROBINSON:  May I now return to Mr. Popovic.

 8             THE APPELLANT POPOVIC: [No interpretation]

 9             JUDGE ROBINSON:  Well, I can see from the smile on your face.

10             THE APPELLANT POPOVIC: [Interpretation] Thank you.

11             JUDGE ROBINSON:  Then I'm going to begin with a summary of the

12     recent decisions issued by the Chamber in this case.

13             On the 29th of April of this year, the Chamber issued a public

14     decision dismissing Mr. Popovic's eighth motion under Rule 115.

15             On the 2nd of May, 2014, the Chamber issued a confidential

16     decision dismissing Mr. Popovic's third and fifth motions under Rule 115.

17             On the 23rd of May, 2014, the Chamber issued a public redacted

18     version of this decision.

19             And the 27th of May, 2014, the Chamber issued a confidential

20     decision granting a request by the Prosecution for augmentation of

21     protective measures of one witness.

22             On the 23rd of June, 2014, and 8th July 2014, the Chamber issued

23     confidential decisions dismissing two motions filed by Mr. Nikolic under

24     Rule 115.

25             And today a decision was issued on Mr. Popovic's sixth motion

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 1     under Rule 115.  I have to say the motion was dismissed.

 2             And I now give a summary of the status of the pending motions and

 3     decisions.

 4             The Chamber is currently seized of one motion filed by

 5     Mr. Popovic pursuant to Rule 115, his seventh, and this was filed on

 6     11 November 2013.  There is also one motion filed by Mr. Nikolic, his

 7     fourth under Rule 115, filed on the 25th of November, 2013.  All

 8     responses and replies have been received by the Appeals Chamber, and the

 9     motions remain under consideration by the Chamber.

10             I would now like to enquire from the Appellants whether they have

11     anything to say about the status of their health or any other matter

12     relating to the conditions of their detention.

13             And I begin first with Mr. Popovic.

14             THE APPELLANT POPOVIC: [Interpretation] Your Honour, nothing to

15     raise.  Everything is fine.  There is nothing of importance that would

16     need to be dealt with here in the courtroom.

17             JUDGE ROBINSON:  Thank you very much.

18             Mr. Beara?

19             THE APPELLANT BEARA: [Interpretation] Everything is as usual.

20     There are no problems.

21             JUDGE ROBINSON:  Thank you.  Now, Mr. Nikolic is absent so his

22     counsel?

23             MS. NIKOLIC: [Interpretation] Thank you, Your Honour.  We can say

24     that Mr. Nikolic's health status is in keeping with the report you have

25     received a few months ago through Registry.  If you have any further

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 1     questions, we may move into closed session.

 2             JUDGE ROBINSON:  Well, it would be for you to say whether you

 3     wish to move into closed session, for anything further that you wish to

 4     raise.

 5             MS. NIKOLIC: [Interpretation] Your Honour, I have not received

 6     any authorisation from my client to raise any issues at this time.

 7             JUDGE ROBINSON:  Yes.  Thank you.

 8             Mr. Miletic?

 9             THE APPELLANT MILETIC: [Interpretation] Your Honour, my health is

10     satisfactory at the moment.  I have no problems to report.

11             JUDGE ROBINSON:  Thank you.

12             And Mr. Pandurevic?

13             THE APPELLANT PANDUREVIC: [Interpretation] Your Honour, detention

14     conditions are sound.  I have no objections.  Thank you.

15             JUDGE ROBINSON:  And may I now ask whether there are any other

16     the matters to be raised by the Prosecution or any of the counsel for the

17     Appellants.

18             The Prosecution?

19             MS. BASSETT:  The Prosecution has nothing to raise at this time,

20     Your Honour.  Thank you.

21             JUDGE ROBINSON:  Any of the Defence counsel?

22             MR. HAYNES:  Just one thing, Your Honour.

23             It's come to my attention today that this is the last occasion

24     that we'll see Mr. Peter Kremer in the courtroom, and I thought I ought

25     to say on behalf of myself and my colleagues in the Defence that we thank

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 1     him for his professionalism and his collegiality over the years, and we

 2     wish him a long and successful retirement.

 3             JUDGE ROBINSON:  Well, Mr. Kremer, I was not aware that you would

 4     be leaving us.  Otherwise I certainly would want to add my voice, and

 5     I do so now, to what has just been said, because I have worked with you

 6     for quite some time on a variety of cases and have always found you to be

 7     very, very professional, and your work of the very highest standard, and

 8     I want to wish you the very best in your future career.

 9             MR. KREMER:  Thank you very much, Your Honour.  And thank you,

10     Mr. Haynes for the kind remarks.  I am turning 65 on the 31st of July and

11     in accordance with UN rules, policies and procedures, one cannot remain

12     employed any longer.  I might have a short contract to finish some

13     unfinished work but that remains to be seen at the moment.

14             JUDGE ROBINSON:  Well, if you wanted anyone to say something on

15     your behalf, I don't think you look anything like 65.

16             MR. KREMER:  Thank you.

17             JUDGE ROBINSON:  I think you're rather like a Jack Benny who was

18     always 39.  But I certainly wish you the very best.

19             And there being no other matters, the hearing is adjourned.

20                           --- Whereupon the hearing adjourned at 3.42 p.m.