Registry and Chambers:
Nerma Jelačić, Spokesperson for Registry and Chambers, made the following statement:
The Appeals Chamber in the case of Veselin Šljivančanin will deliver its Review Judgment today at 3.30pm in Courtroom 1. On 5 May 2009 the Appeals Chamber affirmed Šljivančanin’s conviction, but found that the sentence of five years’ imprisonment did not adequately reflect the level of gravity of the torture he aided and abetted. It also added a new conviction for aiding and abetting the murder of 194 prisoners. On these two bases, Šljivančanin’s sentence was increased to 17 years’ imprisonment. In January 2010, Šljivančanin applied for review of the Appeals Chamber judgement asserting the existence of a new fact which required reversal of his conviction for aiding and abetting murder as a violation of the laws or customs of war.
A hearing was held on 3 June 2010, after which the Appeals Chamber found that the new information provided by former JNA officer in Vukovar, Miodrag Panić, could, if proved, fundamentally alter the balance of evidence, and that to ignore it would lead to a miscarriage of justice. As a result, a Review Hearing was held on 12 October 2010 making it the first request for review of a judgement to be granted by an ICTY Chamber.
Last Thursday, the Chamber invited NATO and the UN to reply to Radovan Karadžić’s Motion on 29 November seeking a Binding Order to provide certain documents to his defence. Both NATO and the UN are invited by the Chamber to reply by next Thursday, 16 December.
In the Stanišić and Župljanin case, on Friday the Trial Chamber granted Mičo Stanišić’s application for provisional release over the winter recess. He is to be released on or as soon as practicable after 17 December 2010 and return to the Detention Unit on or before 7 January 2011> Stanišić will be confined to Belgrade and under the supervision of the Serbian authorities.
Turning to the courtroom schedule:
The trial for Momčilo Perišić has been cancelled for the remainder of the week scheduled to reconvene on Monday, 13 December. Hearings in the cases of Radovan Karadžić, Mičo Stanišić and Stojan Župljanin, Zdravko Tolimir, as well as Jovica Stanišić and Franko Simatović continue this week and next as scheduled.
No questions were asked.