Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 4 September 2013

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellant Zupljanin entered court]

 5                           [The appellant Stanisic not present]

 6                           --- Upon commencing at 2.59 p.m.

 7             JUDGE MERON:  Registrar, would you please call the case.

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

 9     IT-08-91-A, the Prosecutor versus Mico Stanisic and Stojan Zupljanin.

10             JUDGE MERON:  Thank you so much.

11             Before I commence, I would like to make sure that all parties

12     hear the proceedings in a language they understand.

13             Mr. Zupljanin?

14             THE APPELLANT ZUPLJANIN: [Interpretation] I hear you very well.

15     Thank you.

16             JUDGE MERON:  Thank you so much.

17             Appearances by the parties.  Prosecution, please.

18             MS. PINZAUTI:  Good afternoon, Your Honour.  My name is

19     Giulia Pinzauti appearing for the Prosecution, together with

20     Mr. Aditya Menon and Ms. Indah Susanti, our case manager.  Thank you.

21             JUDGE MERON:  Thank you, Ms. Pinzauti.

22             For the Defence for Mr. Stanisic.

23             MR. ZECEVIC:  Good afternoon, Your Honours.  My name is

24     Slobodan Zecevic.  I'm lead counsel appearing on behalf of Mr. Stanisic.

25     Together with me are our colleagues, legal assistants, Mr. Coman Kenny

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 1     and Mr. James Jackson.  Thank you very much.

 2             JUDGE MERON:  Thank you.

 3             The Defence counsel for Mr. Zupljanin, please.

 4             MS. CMERIC:  Good afternoon, Mr. President.  Tatjana Cmeric

 5     appearing today on behalf of Mr. Zupljanin.

 6             JUDGE MERON:  Thank you, Ms. Cmeric.

 7             I note that Mr. Stanisic is not present in the courtroom.  As I

 8     know you know, he has waived his right to be present and is therefore

 9     represented today by his counsel.

10             This Status Conference is called in accordance with Rule 65 bis

11     of the Rules of Procedure and Evidence.  Rule 65 bis (B) requires a

12     Status Conference to be convened within 120 days after the filing of a

13     Notice of Appeal and, thereafter, within 120 days after the last

14     Status Conference, to allow any person in custody pending appeal the

15     opportunity to raise issues in relation thereto, including the mental and

16     physical condition of that person.

17             In the present case, parties filed their Notices of Appeal on

18     13 May 2013.  Today's Status Conference is the first in this case and was

19     scheduled by a Scheduling Order issued on 10 July 2013.

20             I turn to detention conditions and health of Mr. Stanisic and

21     would like to inquire into the status of the detention condition and

22     health conditions of Mr. Stanisic.  If Mr. Stanisic has any concerns in

23     relation to the detention conditions or his state of health, I would

24     invite Mr. Zecevic to raise them now.  If you wish, this discussion can,

25     of course, take place in a private meeting.

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 1             MR. ZECEVIC:  No, Your Honour.  I don't think there is any need

 2     for a private meeting because Mr. Stanisic has no issues to raise at this

 3     point.

 4             JUDGE MERON:  Thank you.  I'm happy to hear that he has no

 5     problems, either with detention or with health conditions.  Thank you.

 6             MR. ZECEVIC:  Thank you.

 7             JUDGE MERON:  Turning now to Mr. Zupljanin, I would like to

 8     inquire into the status of the detention conditions and health situations

 9     of Mr. Zupljanin.  If you have any concerns in relation to the detention

10     conditions on your state of health, I would invite you to raise them now.

11     If you wish, this discussion can, of course, take place in private

12     session.

13             Mr. Zupljanin.

14             THE APPELLANT ZUPLJANIN: [Interpretation] Thank you,

15     Mr. President.  I really have nothing to be proud of.  Also, it wouldn't

16     be of much use to complain.  I will let everything be as God wills and I

17     wish to thank you.

18             JUDGE MERON:  Thank you, Mr. Zupljanin.

19             A few words on the recent procedural history.  Before I ask the

20     parties whether there are any additional issues or any issues they would

21     like to raise, may I recount briefly part of the recent procedural

22     history of this case.

23             On 16 April 2013, the parties were granted an extension of time

24     of 15 days to file their Notices of Appeal.  On 13 May 2013, all of the

25     parties filed their respective Notices of Appeal.  The Prosecution

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 1     presented two grounds of appeal, Stanisic formulated 15 grounds of

 2     appeal, and Zupljanin filed four grounds of appeal.

 3             The appellants' briefs were filed on 19 August 2013, with the

 4     view to have the briefing of these appeals completed on 16 October 2013.

 5     On 2 July 2013, Stanisic filed two motions:  One motion seeking admission

 6     of additional evidence pursuant to Rule 115 of the Rules of Procedure and

 7     Evidence and one motion seeking leave to amend his Notice of Appeal.  On

 8     23 July 2013, I assigned Judge Carmel Agius to consider both motions.  On

 9     24 July 2013, Judge Carmel Agius assigned Judge William Hussein Sekule to

10     replace me on the Bench for the purpose of considering these two motions.

11     That composition of the Appeals Chamber will render their decisions on

12     these two motions in due course.

13             On 9 July 2013, Zupljanin sought leave to correct three

14     typographical errors in his Notice of Appeal.  The Appeals Chamber

15     granted the request on 19 August 2013.  On 12 August 2013, Zupljanin

16     requested leave to amend his Notice of Appeal.  The Appeals Chamber will

17     render a decision in due course.

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

19     any other issues that they would like to raise.  And let me start with

20     Ms. Pinzauti for the Prosecution.

21             MS. PINZAUTI:  Thank you, Your Honour.  We have nothing to raise

22     at this stage.

23             JUDGE MERON:  Thank you so much.

24             MS. PINZAUTI:  Thank you.

25             JUDGE MERON:  Counsel for Mr. Stanisic, please.

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 1             MR. ZECEVIC:  Your Honours, we have nothing to raise at this

 2     point; however, I would seek a clarification with Your Honour.  On

 3     page 4, line 3, it says that the briefing -- the view -- "with the view

 4     to have the briefing of these appeals completed on 16 October 2013."

 5             However, Your Honour's decision granted us the period until -- of

 6     11th of November to file the response and the reply in these proceedings.

 7             JUDGE MERON:  Thank you.

 8                           [Appeals Chamber and Legal Officer confer]

 9             JUDGE MERON:  Thank you for drawing my attention to that.  We

10     will look into the matter and clarify it as soon as we can.  And again

11     thank you very much, too, for drawing my attention to it.

12             MR. ZECEVIC:  Thank you, Your Honour.

13             JUDGE MERON:  Counsel for Mr. Zupljanin.

14             MS. CMERIC:  Thank you, Your Honour.  Nothing on behalf of

15     Mr. Zupljanin at this point either.

16             JUDGE MERON:  Thank you so much.

17             So I believe that this concludes today's Status Conference, and I

18     thank the parties for their attendance.  And I would call these

19     proceedings to a close.

20                           --- Whereupon the Status Conference

21                           adjourned at 3.10 p.m.