Tribunal Criminal Tribunal for the Former Yugoslavia

Page 13

 1                           Monday, 3 February 2014

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellants enter court]

 5                           --- Upon commencing at 3.03 p.m.

 6             JUDGE MERON:  Please be seated.

 7                           [Appeals Chamber and registrar confer]

 8             JUDGE MERON:  Registrar, will you please call the case.

 9             THE REGISTRAR:  Good afternoon, Your Honours.  This is case

10     number IT-04-74-A, the Prosecutor versus Prlic et al.

11             JUDGE MERON:  Let me begin by making sure that the audio

12     equipment is working properly.  Let me ask the appellants whether they

13     hear the proceedings in a language they understand, beginning with

14     Mr. Prlic.

15             THE APPELLANT PRLIC:  Yes, I understand well, Mr. President.

16             JUDGE MERON:  Mr. Stojic.

17             THE APPELLANT STOJIC: [Interpretation] Yes, everything is all

18     right, Your Honour.

19             JUDGE MERON:  Thank you.

20             Mr. Praljak.

21             THE APPELLANT PRALJAK:  Yes.

22             JUDGE MERON:  Thank you.

23             Mr. Petkovic.

24             THE APPELLANT PETKOVIC: [Interpretation] It's all right,

25     Your Honour.

Page 14

 1             JUDGE MERON:  Thank you.

 2             Mr. Coric.

 3             THE APPELLANT CORIC: [Interpretation] Everything is fine,

 4     Your Honour.

 5             JUDGE MERON:  Mr. Pusic.

 6             THE APPELLANT PUSIC:  Everything is fine, Your Honour.

 7             JUDGE MERON:  Thank you very much.

 8             Counsel for the Prosecution.

 9             MS. MARSDEN:  Good afternoon, Mr. President.  For the

10     Prosecution, Katharine Marsden, Laurel Baig, and our case manager,

11     Colin Nawrot.

12             JUDGE MERON:  Thank you very much.

13             So we've already had the appearances of the Prosecution, and now

14     I will turn to the Defence.

15             For Mr. Prlic.

16             MS. TOMANOVIC:  Good afternoon, Your Honours.  Suzana Tomanovic,

17     co-counsel for Dr. Jadranko Prlic.

18             JUDGE MERON:  Thank you, Ms. Tomanovic.

19             For Mr. Stojic, please.

20             MR. KHAN:  Good afternoon, Mr. President.  Mr. Stojic is

21     represented by Ms. Senka Nozica, lead counsel.  I am co-counsel in the

22     case.  My name is Karim Khan of Queen's Counsel.

23             JUDGE MERON:  For Mr. Petkovic, please.

24             MS. ALABURIC:  Good afternoon, Your Honour.  I am Vesna Alaburic,

25     counsel for Mr. Milivoj Petkovic.  And this young girl is

Page 15

 1     Bettina Spilker, our legal counsel.

 2             JUDGE MERON:  Thank you very much.

 3             MS. TOMASEGOVIC-TOMIC: [Interpretation] Good afternoon,

 4     Your Honour --

 5             JUDGE MERON:  I don't know if it is politically correct to call

 6     somebody young girl, you are all young.

 7             MS. ALABURIC:  But she is really very young.

 8             JUDGE MERON:  For Mr. Coric, please.

 9             MS. TOMASEGOVIC-TOMIC: [Interpretation] Good afternoon,

10     Your Honour.  For the Defence of Mr. Coric, Ms. Dijana Tomasegovic-Tomic,

11     lead counsel; and Drazen Plavec, co-counsel; as well as Stephane Bourgon

12     as legal advisor.

13             MR. SAHOTA:  Mr. President, on behalf of Berislav Pusic, I

14     represent him today as co-counsel.  My name is Raj Sahota, and I am

15     assisted by my learned colleague, Mr. Mulalic.

16             JUDGE MERON:  Thank you.

17             Thank you, all.  As you are aware, Rule 65 bis (B) of the

18     Rules of Procedure and Evidence requires a Status Conference to be

19     convened within 120 days after the last Status Conference for each

20     appellant in the Tribunal's custody.  A Status Conference serves two

21     primary purposes:  First, it allows the appellants an opportunity to

22     express concerns relating to their detention conditions, and for the

23     Tribunal to inquire about the mental and physical condition of the

24     detained persons.  Second, it provides an opportunity to the update the

25     appellants with respect to the status of their case.

Page 16

 1             In the present case, the last Status Conference was held on

 2     8 October 2013.  Today's Status Conference is scheduled by an order filed

 3     on 16 January 2014.  Let me begin the Status Conference by inquiring into

 4     the status of the detention conditions and health situation of the

 5     appellants.  If any of the appellants wishes, this discussion could take

 6     place in closed sessions.

 7             So let me start for Mr. Prlic.  Mr. Prlic, do you have any

 8     matters to raise?

 9             Mr. Stojic, would you like to respond or Mr. Prlic himself?

10     Mr. Prlic.

11             THE APPELLANT PRLIC:  No, I don't have any matter to raise.

12     Thank you.

13             JUDGE MERON:  Thank you very much.

14             Mr. Praljak.  My question was to Mr. Praljak.

15             THE APPELLANT PRALJAK: [Interpretation] Your Honour, I have

16     nothing to raise.  Thank you.

17             JUDGE MERON:  So now we will move to Mr. Petkovic.

18             THE APPELLANT PETKOVIC: [Interpretation] I have nothing to raise,

19     Your Honour.

20             JUDGE MERON:  Mr. Coric.

21             THE APPELLANT CORIC: [Interpretation] Your Honour, nothing to

22     raise.  Thank you.

23             JUDGE MERON:  Mr. Pusic.

24             THE APPELLANT PUSIC: [Interpretation] Your Honour, no issues.

25     Whatever there is to say will be said be my Defence counsel.  Thank you.

Page 17

 1             JUDGE MERON:  Let me repeat my question to Mr. Stojic.  We don't

 2     want to discriminate against you, I can assure you.

 3             MR. STOJIC: [Interpretation] Good afternoon, Your Honour.  It's

 4     all right.  I have no issues.  Thank you.

 5             JUDGE MERON:  Thank you very much, and I'm glad that none of you

 6     has problems in terms of your detention or health that you would like to

 7     raise with me.

 8             Recent procedural update of the case.  The update, I recall that

 9     the notices of appeal of Mr. Praljak and Mr. Pusic were filed on

10     20 June 2013 and that the notice of the appeal of the Prosecution was

11     filed on 27 August 2013.  On 21 June 2013, upon a request of the parties,

12     I ordered that the notices of appeal of Mr. Prlic, Mr. Stojic,

13     Mr. Petkovic, and Mr. Coric be filed within 60 days of the issuance of

14     the official English translation of the trial judgement.  I further

15     recall that I ordered Mr. Praljak, Mr. Pusic, and the Prosecution to file

16     their appeal briefs no later than 135 days from the issuance of the

17     official English translation of the trial judgement and that as a result

18     there is a harmonised briefing schedule in place for all parties.

19             I note that the decision on the filings pertaining to the motions

20     filed by the Prosecution and Mr. Pusic concerning the latter's

21     Notice of Appeal, filed on 15 and on 26 July 2013, respectively, will be

22     delivered in due course.

23             On 3 October 2013, Mr. Praljak filed a public motion requesting a

24     stay of proceedings until he receives the translation of various

25     documents into a language he understands, which is B/C/S.

Page 18

 1             On 4 October 2013, Mr. Praljak filed a public motion requesting

 2     the assignment of his formerly Tribunal-paid counsel under the Tribunal's

 3     legal aid provisions that apply to level 3 cases.  I note that the

 4     Appeals Chamber has received all filings pertaining to these matters and

 5     will deal with Mr. Praljak's requests of 3 and 4 October in due course.

 6             On 20 January 2014, the Registrar filed a public application for

 7     the recovering of legal aid and funds from Mr. Praljak.

 8             On 27 January 2014, Mr. Praljak filed his response requesting the

 9     Appeals Chamber to deny the application and to order the Registrar to

10     provide him with the details, specification of the costs spent on his

11     Defence.

12             Issues raised by the parties.

13             At this point I would like to ask the parties whether they have

14     any issues that they would like to raise at this time.

15             Mr. Khan.

16             MR. KHAN:  Mr. President --

17             JUDGE MERON:  Let me start from the Prosecution.

18             Are there any issues the Prosecution would like to raise?

19             MS. MARSDEN:  No, Your Honour.

20             JUDGE MERON:  Thank you.

21             And of the appellants, let me ask that in order.

22             Mr. Prlic.

23             I will come to you, Mr. Praljak.

24             Mr. Prlic.

25             MS. TOMANOVIC:  Your Honour?

Page 19

 1             JUDGE MERON:  Yes.  Yes, please.

 2             MS. TOMANOVIC: [Interpretation] I have a question to ask, if I

 3     may.

 4             JUDGE MERON:  Sorry, I could not hear you.  Could you kindly

 5     repeat?  I had a problem.  Please.

 6             MS. TOMANOVIC: [Interpretation] I would like to ask just one

 7     question.  After the judgement, the Registrar informed us that the

 8     English translation of the judgement would be finished by June 2014 at

 9     the latest.  I would like to know if there is an update with this regard,

10     and if not, if it would be possible for the Registrar to inform us at

11     least 30 days in advance of the completion of the translation so that we

12     may be able to organise our work back home since a dead-line of two

13     months for an announcement of the -- of a notice of appeal is not a long

14     time.  Especially bearing in mind the bulk of the judgement, about four

15     and a half thousand pages.

16             JUDGE MERON:  Actually, as of this morning the expectation was

17     that the English translation would in fact become available in June 2014.

18     As it is, I've instructed my staff this morning to check with the

19     Registrar that there are no changes.  This is information which I have

20     received as late as December, so I do hope that it's still valid.  If

21     not, I see your point about being informed prior to the completion of the

22     translation so you can prepare.  It's a very reasonable one and we will

23     try to respect it.

24             MS. TOMANOVIC:  [Interpretation] Thank you, President.

25             JUDGE MERON:  Mr. Stojic.

Page 20

 1             MS. NOZICA: [Interpretation] Your Honour, I only have one

 2     request.  If possible, since our defendant does not speak English, it

 3     would be extremely useful for him, as he wants to take part in the appeal

 4     proceedings, for a -- it will be good for him for a Croatian translation

 5     of the judgement to be available as soon as possible.  We would kindly

 6     ask you to exert influence to the effect that a Croatian translation

 7     become possible -- become available as soon as possible, if not at the

 8     same time as the English translation, so that it may be used during the

 9     appeals proceedings.  Thank you.

10             JUDGE MERON:  I will do everything I can to make sure that the

11     Croatian translation would be available if not at the same time as the

12     English one, very soon thereafter.

13                           [Trial Chamber and legal officer confer]

14             JUDGE MERON:  We will work on that.

15             MS. NOZICA:  Thank you.

16             JUDGE MERON:  Okay.  Now we will move on to Mr. Praljak.

17             THE APPELLANT PRALJAK: [Interpretation] Your Honour, Judge Meron,

18     I did not request a specification of costs.  It was the Tribunal that

19     requested that from the Registrar to know what the Registrar thinks, I

20     owe him.  I never requested anything like that because I refuse any idea

21     that I lied and concealed anything.  I have no money to pay for the

22     proceedings.

23             In the letter I sent to you and in previous documents, I only

24     requested the proceedings against me to be just; in other words, that the

25     other side also be heard and that its arguments be taken into account.

Page 21

 1     Unfortunately, the Registrar did not do that.  Their reason was that

 2     there was no money and unfortunately the judgement was passed without me

 3     in any -- or, rather, the decision was taken without me in any way being

 4     able to influence it.

 5             I kindly ask that you, or the Appeals Chamber too, hear the other

 6     side too, to take into consideration my arguments.  I state that a huge

 7     campaign was waged against me by the Registrar, a campaign that abounded

 8     in untruthful allegations.

 9             JUDGE MERON:  Thank you.

10                           [Trial Chamber and legal officer confer]

11             JUDGE MERON:  We expect that a reply from the Registrar to a

12     response [Microphone not activated] week or so -- sorry.  I apologise.

13             We are awaiting a reply from the Registrar to the response which

14     you submitted on 27 January, and we hope that it will come before long

15     and then we will be able to decide on this matter.  We hope that maybe

16     next week we'll be getting something from the Registrar.  So I can assure

17     you that we are not neglecting it.  We are working on it.

18             THE APPELLANT PRALJAK: [Interpretation] Thank you, Your Honour,

19     Mr. Meron.  I hope in all honesty that the documents in my response to

20     the Prosecution, which amounts to 103 pages, will at least be gone

21     through so that someone has a look at it.  No matter what your decision

22     may be, I will accept it.  But that the decision would be made without

23     ever gaining insight into my documentation, well, I apologise, but I

24     think I've already communicated my position in a letter sent to you

25     previously.


Page 22

 1             JUDGE MERON:  I can assure you that we go very carefully through

 2     documentation submitted.

 3             THE APPELLANT PRALJAK: [Interpretation] Thank you.

 4             JUDGE MERON:  Next is Mr. Petkovic, I believe.

 5             MS. ALABURIC:  Two already raised the issues by my colleagues of

 6     something relevant for Petkovic Defence as well.  Thank you for the

 7     answers, no additional questions.

 8             JUDGE MERON:  Thank you very much.

 9             Mr. Coric.

10             MS. TOMASEGOVIC-TOMIC: [Interpretation] Your Honour, we have no

11     other issues to raise in addition to those raised by my colleagues.

12             JUDGE MERON:  Thank you so much.

13             And finally, Mr. Pusic.

14             MR. SAHOTA:  Your Honour, may we very briefly go into

15     private session.

16             JUDGE MERON:  Yes, certainly.

17             Registrar, private session, please.

18                           [Private session]

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 23

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16                           --- Whereupon the Status Conference adjourned

17                           at 3.26 p.m.