Tribunal Criminal Tribunal for the Former Yugoslavia

Page 13552

 1                           Wednesday, 24 August 2011

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.05 a.m.

 5             JUDGE ORIE:  Good morning to everyone.

 6             Madam Registrar, would you please call the case.

 7             THE REGISTRAR:  Good morning, Your Honours.

 8             This is the case IT-03-69-T, The Prosecutor versus

 9     Jovica Stanisic and Franko Simatovic.

10             JUDGE ORIE:  Thank you, Madam Registrar.

11             If there are no procedural issues to be raised, we'll move into

12     closed session for the next witness.

13                           [Closed session]

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Page 13553

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23                           [Open session]

24             THE REGISTRAR:  We're in open session, Your Honours.

25             JUDGE ORIE:  Thank you, Madam Registrar.


Page 13608

 1             Mr. Groome, I do understand that you wanted to raise a matter,

 2     but before I allow you to do so, I first would like to address another

 3     matter.

 4             24th of August, motion by the Stanisic Defence, urgent request

 5     for provisional release during the four-week adjournment of proceedings.

 6     If I understood it well, the Stanisic Defence is seeking to frontally

 7     attack some of the case law in this Tribunal.

 8             Mr. Groome, in order to avoid making matters moot by the lapse of

 9     time, how much time would you think you need for a response?

10             MR. GROOME:  Your Honour, if I could be sent a courtesy copy of

11     the filing.  I haven't seen this yet.  I'll assess what it will entail,

12     and I will report to the Chamber as soon as I can.

13             JUDGE ORIE:  I think the main matter is, Mr. Jordash, that you

14     argue that compelling humanitarian reasons are not required for

15     provisional release and you like to put that to -- if necessary, to the

16     Appeals Chamber --

17             MR. JORDASH:  Yes.

18             JUDGE ORIE:  -- if we deny that.  That's the gist of the motion.

19             MR. JORDASH:  It -- it's precisely that.  I'm sorry that

20     Mr. Groome hasn't got a copy.  I'll rectify that immediately.

21             JUDGE ORIE:  Could you give us an indication, once you've read

22     it, of course, you could still adapt and say I need a week more for that,

23     but if this would be ... [Overlapping speakers]

24             MR. GROOME:  [Overlapping speakers] ... commit to a response at

25     this state, not having seen it, to a week, and if there is any change to


Page 13609

 1     that, could be less, once I've can seen it.

 2             JUDGE ORIE:  Yes, if you could especially consider to expedite

 3     it, to the extent possible, because otherwise we end up in situations,

 4     which I really want to avoid, is that it's by the lapse of time that

 5     matters cannot be effective anymore, whether the Chamber would grant the

 6     motion or not is a different matter; but especially if the Chamber would

 7     not grant it, and if Mr. Jordash would like to take the matter to an

 8     appeal, then, of course, time is running out very quickly.

 9             MR. GROOME:  Yes.  And can I perhaps inquire if the Simatovic

10     Defence is standing to make a similar --

11             JUDGE ORIE:  I would not be surprised.  But let's hear from

12     Mr. Bakrac.

13             MR. BAKRAC: [Interpretation] Your Honours, I wanted to add that

14     now you that we're speaking of deadlines, we will file today our motion

15     following the principle used by Mr. Jordash so that the OTP has that in

16     mind as well when planning their response.

17             JUDGE ORIE:  Yes.  I see that this is an provisional commitment

18     to one week.  Today, it's Wednesday.

19             Mr. Groome, could I invite you to consider to file a response not

20     later than by Monday, noon.  Again, this is an invitation to consider.

21             MR. GROOME:  Yes -- no, Your Honour, I can commit to that.  It

22     may spoil my weekend plans, but I'll commit to that.

23             JUDGE ORIE:  Yes.  That is part of our fate now and then.  At the

24     same time, let's not forget that what is at stake is perhaps spoiling

25     days for one of the accused.  So, therefore, I think that's part of our


Page 13610

 1     job, although I would not claim that I'm the master over your weekends.

 2             Then you would like to raise a matter, or Ms. Marcus.

 3             MR. GROOME:  Well, Ms. Marcus is going raise that matter.

 4             Could I just ask that courtesy copies be sent as soon as possible

 5     since -- if the time really is of the essence.

 6                           [Trial Chamber and Registrar confer]

 7             JUDGE ORIE:  It's filed already so apparently you most likely

 8     have it already in your e-mail.

 9             Ms. Marcus.

10             MS. MARCUS:  Can I request private session, please.

11             JUDGE ORIE:  We move into -- private or closed.

12             MS. MARCUS:  Closed.

13             MR. JORDASH:  Sorry, Your Honour, could I just address you for a

14     very briefly moment in open session about a different subject.  I thought

15     we might remain in open session, so it's really --

16             JUDGE ORIE:  Ms. Marcus, if you wouldn't mind giving priority at

17     this moment to Mr. Jordash.

18             MS. MARCUS:  No problem.

19             JUDGE ORIE:  Please proceed.

20             MR. JORDASH:  Thank you.  It is really in relation to the medical

21     report of this week, dated the 23rd of August, 2011.  I presume that

22     Your Honours have seen it.

23             JUDGE ORIE:  The language is slightly different.  I find the word

24     "strictly" where that didn't appear earlier, for example.

25             MR. JORDASH:  Yes, and I find myself in a rather unusual


Page 13611

 1     situation in that my instructions are to -- Mr. Stanisic wants to

 2     continue but the medical evidence suggests that he shouldn't.  And all I

 3     can do, I think, at this stage is to identify, if it's necessary, which

 4     it probably isn't, the medical report, and express perhaps my own concern

 5     about Mr. Stanisic and the affect of four days a week.  I now leave it at

 6     that, if I may.

 7             JUDGE ORIE:  Yes, you may.

 8             We will then now proceed and turn into closed session.

 9                           [Closed session]

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 2                           [Open session]

 3             THE REGISTRAR:  We're in open session, Your Honours.

 4             JUDGE ORIE:  Thank you, Madam Registrar.

 5             We adjourn for the day, and we'll resume tomorrow, Thursday, the

 6     25th of August, at 9.00 in the morning, in this same courtroom, II.

 7                            --- Whereupon the hearing adjourned at 1.51 p.m.,

 8                           to be reconvened on Thursday, the 25th day of

 9                           August, 2011, at 9.00 a.m.

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