|
ICTY Weekly Press Briefing
Date: 06.09.2006
Time: 12:00
Registry and Chambers:
Christian Chartier, Senior Information Officer opened as follows:
Good afternoon to all.
WITH REGARD TO THE COURT SCHEDULE:
All three courtrooms will be busy again in the coming days with the trials against Martic, Milutinovic et al., Prlic et al., Popovic et al., Mrksic et al. all on-going.
I believe I briefly mentioned the Gotovina et al Status Conference during last week’s briefing. It will take place tomorrow at 3pm in Courtroom II.
Meanwhile, another Status Conference has been scheduled, in the Sesejl case. It will be held next week, on Thursday 14 September, at 2.15pm.
During this Conference, "several outstanding issues" will be discussed in the light of the appointment of David Hooper and of "the approaching start of the trial."
IN TERMS OF COURT FILINGS, the following should be singled out:
First, I assume that you have seen the press release issued yesterday about the referral of the case against Mitar Rasevic and Savo Todovic to the authorities in Bosnia and Herzegovina. Savo Todovic and Mitar Rasevic are the tenth and eleventh ICTY accused whose case has been referred to courts in the former Yugoslavia, after Radovan Stankovic (BiH), Zeljko Meakic, Momcilo Gruban, Dusan Knezevic and Dusan Fustar (BiH), Gojko Jankovic (BiH), Pasko Ljubicic (BiH), Rahim Ademi and Mirko Norac (Croatia). Four indictments concerning five accused (Vladimir Kovacevic, Dragan Zelenovic, Milorad Trbic, Milan Lukic and Sredoje Lukic are under consideration by the Referral Bench.
Continuing on Rule 11bis cases, two interesting filings:
- On 1 September, Trial Chamber I dealing with the Vladimir Kovacevic case denied the Defence Motion to have the indictment withdrawn.
- On 4 September, Serbia filed its submission in the Lukic cousins case, detailing the reasons why this case should be referred to Serbia, and not to Bosnia and Herzegovina as requested by the Prosecutor.
Secondly, two important filings both pertaining to Rule 73bis:
- Last Wednesday, Trial Chamber III sitting on the Milutinovic et al. case denied the Prosecution's request for leave to appeal against its Decision of 11 July that three killing sites (Racak, Padaliste and Dubrava Prison) would not be part of the Kosovo trial. This Decision represented the very first application of Rule 73bis, following the June Plenary. In rejecting the Prosecution's request for leave to appeal, the Chamber considered (a.o.) that "there is a possibility that evidence in respect of these three crime sites or incidents be permitted (...) depending on how the case develops.(...) [T]here is no factual indication at this time that excluding the three crime sites does or will seriously impact the fair and expeditious conduct, or outcome, of the proceedings."
- On 31 August, Trial Chamber I sitting in the Seselj case issued a Request to the Prosecutor to make proposals to reduce the scope of the indictment. The latter "encompasses 14 counts," relating to "crimes alleged to have occurred in ten different municipalities," with testimony being given by "approximately 100 witnesses," notes the Chamber. Referring to Rule 73bis(D), the Chamber invited the Prosecution "to propose means of reducing the scope of the indictment by at least one-third." The Prosecutor's proposals must be received by 21 September
Also, on 1 September, the Vice-President of the Tribunal, Judge Kevin Parker, refused the Defence Motion seeking the disqualification of Judge Meron to hear an appeal in the Krajisnik case.
The Krajisnik Defence sought the removal of Judge Meron from the Appeals Bench assigned to hear its appeal against Trial Chamber I's Decision of 16 June, who dismissed a Motion for a ruling that Ad-Litem Judge Canivell is unable to continue hearing the case (claiming that his mandate had been improperly extended). The Defence Motion was based on the fact that Judge Meron, in his capacity as the then President of the ICTY, was involved in the discussion about the extension of Judge Canivell's term of office, and therefore could not impartially hear an appeal on this very issue.
The matter was considered by a panel of three Judges (Bonomy, Van Den Wyngaert and Moloto), which concluded that, in dealing with the situation of Judge Canivell, President Meron did "nothing more than [fulfilling] his administrative duties." This conclusion was endorsed by Judge Parker.
On 31 August, the Martic Trial Chamber granted a Defence Motion and ordered that five witnesses (all having been given a pseudonym) would be withdrawn from the Prosecution’s witness list. One of them has died and the Defence was unable to make contact with the four others.
And finally, the Stand-by Counsel for Vojslav Seselj on Monday filed his Motion detailing the grounds on which he appeals the Trial Chamber’s Decision of 21 August appointing a Defence Counsel to the Accused.
LAST BUT NOT LEAST, as of next Wednesday, Refik Hodzik will be sitting in this chair, to ensure the weekly press briefing. As you know, Refik recently was appointed as Spokesman for Chambers and Registry. He is in the process of taking up his duties and part of it is to introduce himself to you, which he will do after the Q & A session.
Office of the Prosecutor:
Anton Nikiforov, Advisor to the Prosecutor and acting Spokesperson of the Office of the Prosecutor (OTP), made the following statement.
I have two short announcements to make today:
- First, the Prosecutor will address the Permanent Council of the OSCE in Vienna tomorrow, where she will also meet the OSCE and the Austrian government’s officials. There will be a press release about the address of the Prosecutor and the text itself will be made available tomorrow.
- Secondly, we were informed that the new Prime Minister of FYROM, Mr. Nikola Gruevski and separately the Foreign Minister of Republic of Montenegro, Mr. Miodrag Vlahovic will be visiting the Tribunal next week – on 14 and 15 September.
Questions:
A journalist pointed out the media has reported that the OTP was asking for a full inquiry into the death of Steven Todorovic, an accused who was found guilty by the Tribunal, convicted, transferred to Spain and was granted early release in June 2005. Nikiforov said that the OTP did not ask for an inquiry because the authorities of the Republic of Srpska opened a local investigation after Todorovic was found dead at his estate. The OTP asked for all relevant information and reports in regard to their investigation as well as asking other partners in Bosnia for information. Nikiforov added that nothing more could be said until reports are received from the local authorities.
Document List:
|
Date |
Case |
DocumentTitle |
|
30-Aug-06 |
Seselj |
Decision By The Deputy Registrar Re Assignment Of Counsel |
|
30-Aug-06 |
Stanisic & Simatovic |
Re-Filing Of Defence Request For Temporal Modification Of Provisional Release Conditions With Respect To The Accused's Request To Visit Accused's Father Due To Medical Reasons, Including New Time Period And A Letter With Guarantees From The Mup Of The Rep |
|
30-Aug-06 |
Stanisic |
Order Requesting Clarification Of Defence Notice Pursuant To Rule 67 (A (I) |
|
30-Aug-06 |
Stanisic |
Correspondence From Slo Tc Ii Addressed To The Parties Regarding Rule 65 Ter Meeting |
|
30-Aug-06 |
Seselj |
Procès-Verbal Of Reception Of The Bcs Version Of "Decision On Seselj's Appeal Against Decision Of The Registrar Of 14 June 2006" |
|
30-Aug-06 |
Prlic and Others |
Prosecution Withdrawal Of Submission On The Admission Of Ecmm Evidence Through Christopher Beese |
|
30-Aug-06 |
Milutinovic et al. |
Decision On Prosecution Request For Certification Of Interlocutory Appeal Of Decision On Admission Of Witness Philip Coo's Expert Report |
|
30-Aug-06 |
Popovic et al |
Defence Motion Requesting Determination As To The Admissibility Of The Testimony Of Jean Rene Ruez |
|
30-Aug-06 |
Bralo (Appeal) |
Decision On Motions For Access To Ex-Parte Portions Of The Record On Appeal And For Disclosure Of Mitigating Material |
|
30-Aug-06 |
Milutinovic et al. |
Decision Denying Prosecution's Request For Certification Of Rule 73bis Issue For Appeal |
|
30-Aug-06 |
Blaskic and Kordic and Cerkez (Contempt) |
Judgement |
|
31-Aug-06 |
Stanisic |
Prosecution's Motion For Judicial Notice Of Facts Of Common Knowledge And Adjudicated Facts, With Annex |
|
31-Aug-06 |
Gotovina et Al. |
Prosecution's Motion For Extension Of Time And For Clarification |
|
31-Aug-06 |
Seselj |
Prosecution's Response To Defence Motion For Stay Of Proceedings, Or Alternatively For Extension Of Time |
|
31-Aug-06 |
Limaj et al (Appeal) |
Urgent Motion On Behalf Of Haradin Bala For Provisional Release |
|
31-Aug-06 |
Blagojevic et al. (Appeal) |
Decision On Motion To Strike Ground One Of Jokic Appeal Brief |
|
31-Aug-06 |
Seselj |
Procès-Verbal Of Reception Of The Bcs Version Of "Prosecution's Response To Defence Request For Certification Pursuant To Rule 73 (B) To Appeal Against The Trial Chamber Decision To Assign Counsel To The Accused Dated 21 August 2006" |
|
31-Aug-06 |
Seselj |
Procès-Verbal Of Reception Of Documents (English Version) |
|
31-Aug-06 |
Martic |
Decision On Defence Submission Regarding Defence Witnesses |
|
31-Aug-06 |
Milutinovic et al. |
Prosecution Witness Notification For Trial Week Commencing 4 September 2006 |
|
31-Aug-06 |
Seselj |
Procès-Verbal Of Reception Of The Bcs Translation Of "Registry Submission Pursuant To Rule 33(B) Of The Rules Of Procedure And Evidence Regarding Vojislav Seselj's Submission Of 31 July 2006" |
|
31-Aug-06 |
Milosevic |
Order On Rescission Of Protective Measures In Relation To Witness Dren Caka |
|
31-Aug-06 |
Seselj |
Deputy Registrar's Submission Regarding Vojislav Seselj's Submission Of 8 August 2006 |
|
31-Aug-06 |
Milutinovic et al. |
Order On Rescission Of Protective Measures In Relation To Witness Dren Caka |
|
31-Aug-06 |
Seselj |
Request To The Prosecutor To Make Proposals To Reduce The Scope Of The Indictment |
|
01-Sep-06 |
Mrksic |
Decision On Prosecution's Motion To Interview Defence Witnesses |
|
01-Sep-06 |
Kovacevic |
Decision On Defence Motion To Dismiss The Indictment |
|
01-Sep-06 |
Popovic et al |
Prosecution's Response To "Joint Defence Response To The Prosecution Submission Filed On 4 August 2006 And Motion To Remove Paragraphs 38, 44, 74 And 82 Forn The Second Consolidated Indictment |
|
01-Sep-06 |
MILOSEVIC Dragomir |
Prosecution's Response To Appeal Against The Decision Dismissing The Motion For Provisional Release And Grounds Of The Appeal |
|
01-Sep-06 |
Milutinovic et al. |
Decision On Evidence Tendered Through Sandra Mitchell And Frederick Abrahams |
|
01-Sep-06 |
Stanisic & Simatovic |
Prosecution Response To Stanisic Re-Filing Of Defence Request For Modification Of Provisional Release Conditions |
|
01-Sep-06 |
Krajisnik (Interlocutory) |
Report To The Vice-President Pursuant To Rule 15(B)(Ii) Concerning Decision On Defence Motion That Judge Meron Not Sit On An Appeal |
|
01-Sep-06 |
Krajisnik (Interlocutory) |
Order On Defence Motion That His Honour Judge Meron Not Sit On An Appeal |
|
01-Sep-06 |
Hadzihasanovic et al. (Appeal) |
Notice Of Filing Of Translation Of Material Contained In The Prosecution's Book Of Authorities Filed On 4 July 2006 |
|
01-Sep-06 |
Limaj et al (Appeal) |
Decision Granting Provisional Release To Haradon Bala To Attend His Brother's Memorial Service And To Observe The Traditional Period Of Mourning |
|
01-Sep-06 |
Prlic and Others |
Prosecution Submission Of Further Exhibits Related To The Witness Josip Manolic |
|
04-Sep-06 |
Gotovina et Al. |
Decision [By The Deputy Registrar Re Assignment Of Counsel] |
|
04-Sep-06 |
Blaskic (Review) |
Prosecutor's Revised Reply To Defense's "Response To Prosecutor's Request For Review Or Reconsideration" |
|
04-Sep-06 |
Lukic et al |
Serbia's Submission In The Proceedings Under Rule 11bis |
|
04-Sep-06 |
Lukic et al |
Submission Of Defence Counsel For Milan Lukic Pursuant To Order Of 30 June 2006 |
|
04-Sep-06 |
Kovacevic |
Correspondence From State |
|
04-Sep-06 |
Lukic et al |
Request To Accept Untimely Submission Of Defence Counsel For Milan Lukic Pursuant To Order Of 30 June 2006 |
|
04-Sep-06 |
Prlic and Others |
Jadranka Prlic's Submissions Of Interrogatories For Otp Expert Witness/Employee W. T. Tomljanovich |
|
04-Sep-06 |
Todovic |
Decision On Savo Todovic's Appeals Against Decisions On Referral Under Rule 11bis |
|
04-Sep-06 |
Todovic |
Decision On Savo Todovic's Appeals Against Decisions On Referral Under Rule 11bis |
|
04-Sep-06 |
Stanisic & Simatovic |
Decision On The Re-Filing Of The Request Of Defence Of Jovica Stanisic For Temporal Modification Of Provisional Release |
|
04-Sep-06 |
Seselj |
Decision On Appeal Against The Decision Of The Registry Of 10 July 2006 |
|
04-Sep-06 |
Limaj et al (Appeal) |
Correspondence From Host Country Re: Provisional Release Of Bala |
|
04-Sep-06 |
Seselj (Interlocutory) |
Appeal Against The Trial Chamber's Decision On Assignment Of Counsel |
|
05-Sep-06 |
Stanisic |
Registry Rule 33(B) Submission On The Defence Motion For Review Of The Registry Decision On The Assignment Of Co-Counsel |
|
05-Sep-06 |
Gotovina |
Decision On Prosecution's Motion For Leave To File A Consolidated Response Brief And For An Extension Of Time And Word Limits |
|
05-Sep-06 |
Seselj |
Scheduling Order |
|
05-Sep-06 |
Milutinovic et al. |
Joint Defence Response To Prosecution's Motion For Leave To Call Witness K54 And For Protective Measures With Confidential Annex A |
|
05-Sep-06 |
Stanisic |
Defence Counsel's Urgent Motion For An Extension Of Time To File A Response To Prosecution's Motion For Judicial Notice Of Facts Of Common Knowledge And Adjudicated Facts, With Annex |
|
05-Sep-06 |
Cermak & Markac (Interlocutory) |
Decision On Prosecution's Motion For Leave To File A Consolidated Response Brief And For An Extension Of Time And Word Limits |
|
05-Sep-06 |
Cermak & Markac (Interlocutory) |
Decision On Prosecution's Motion For Leave To File A Consolidated Response Brief And For An Extension Of Time And Word Limits |
|
05-Sep-06 |
Kovacevic |
Scheduling Order |
|
