Time: 12:30 p.m.
Registry and Chambers:
Magdalena Spalińska, Spokesperson for Registry and Chambers, made the following statement:
Welcome back to the Tribunal. I’ll turn first to some decisions which have been issued over the summer recess.
In the Ratko Mladić case, on 24 July, the Appeals Chamber dismissed the interlocutory appeal filed confidentially by the Defence appealing the Trial Chamber’s Rule 98bis decision on counts 1 and 2, dealing with genocide. In its decision, the Appeals Chamber stated that based on the total evidence for these two counts ”the Trial Chamber did not err in finding that a reasonable trier of fact could have concluded that, taken at its highest, there was sufficient evidence to infer that Mladić possessed genocidal intent.”
Also in the Mladić case, Judge Orie announced during Monday’s hearing that the trial will now sit four days a week. The new schedule will begin this week with no hearing on Friday.
On 22 August in the Radovan Karadžić case, MICT Judge Vagn Joensen dismissed as moot Karadzic’s request from 19 May for the appointment of a single judge to consider the appointment of an amicus curiae prosecutor to investigate whether members of the Prosecution had interfered with the administration of justice due to the Prosecution’s disclosure violations. Judge Joensen agreed with the Trial Chamber’s decision which stated that even though disclosure violations by the Prosecution were found they “were not indicative of a lack of good faith on the part of the Prosecution” therefore finding no reason to believe that contempt had been committed by the Prosecution.
In the Prlić and others case, all five accused in the case have filed grounds of appeal against the 29 May 2013 Trial Chamber judgment. According to pre-appeal Judge Meron’s order of 22 August 2014, all appellants are to file their briefs no later than 4 November 2014.
On 24 July 2014, in the Stanišić and Župljanin case, the Appeals Chamber dismissed Stanišić’s motion seeking the Appeals Chamber’s reconsideration of its earlier decision that dismissed his motion for mistrial due to the finding of Judge Harhoff’s appearance of bias in the Šešelj case. The Chamber found that Stanišić failed to demonstrate that their decision contained a “clear error of reasoning or that particular circumstance justify reconsideration of the impugned decision in order to avoid an injustice.”
In an order made public yesterday, in his capacity as MICT President Judge Theodor Meron ordered the transfer of Nebojša Pavković to serve the remainder of his sentence of 22 years’ imprisonment in Finland. The accused has been transferred.
Turning now to the courtrooms, the trials of Ratko Mladić and Goran Hadžić resumed this week after the summer recess. They will continue this week and next as scheduled.
In the case of Ratko Mladić, the Chamber is currently hearing the testimony of Velimir Dunjić former Republika Srpska Army officer in the Sarajevo area.
In the case of Goran Hadžić, the accused continues to testify in his defence case. He is currently being cross examined by the Prosecution and is the first defence witness in the case.
Finally, the latest Outreach produced documentary “Through Their Eyes: Witnesses to Justice,” which depicts the crucial role played by victims and witnesses in the prosecution of crimes committed during the 1990’s in the territory of the former Yugoslavia, has been uploaded to the Tribunal’s YouTube Channel.
No questions were asked.