090206SC

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1 Friday, 6 February 2009

2 [Status Conference]

3 [Open session]

4 --- Upon commencing at 2.17 p.m.

5 JUDGE VAZ: [Interpretation] The hearing is opened.

6 Good afternoon, ladies and gentlemen.

7 I am now going to give the floor to Madame Registrar. Could you

8 please call the case, Madame Registrar. You have the floor, Madame.

9 THE REGISTRAR: Thank you, Your Honour. Good afternoon to

10 everyone in the courtroom.

11 This is case number IT-04-83-A, the Prosecutor versus

12 Rasim Delic.

13 JUDGE VAZ: [Interpretation] Thank you very much,

14 Madame Registrar.

15 I am now turning to Mr. Delic. Mr. Delic, can you hear me and

16 can you follow the proceedings in a language that you understand?

17 THE ACCUSED: [Interpretation] Yes, I can. Thank you very much.

18 JUDGE VAZ: [Interpretation] Thank you very much, Mr. Delic.

19 I would now like to ask the parties to give me their appearances,

20 and I would like to start with the Prosecutor, please.

21 MS. MARTIN SALGADO: Good afternoon, Your Honour. My name is

22 Elena Martin Salgado. I'm appearing on behalf of the Prosecution with

23 appeals counsel Michelle Jarvis and case manager Alma Imamovic.

24 JUDGE VAZ: [Interpretation] Thank you very much, Madame.

25 And for the Defence, please.

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1 MS. VIDOVIC: [Interpretation] Good afternoon, Your Honours. Good

2 afternoon to everyone in this courtroom, to my colleagues from the OTP.

3 My name is Vasvija Vidovic, and I represent General Rasim Delic.

4 JUDGE VAZ: [Interpretation] Thank you very much, Madame.

5 In this case, both parties filed their notices of appeal on the

6 judgement rendered by the Trial Chamber on 15 September 2008. While

7 awaiting the appeals decision, Mr. Delic is in custody at the UNDU in

8 The Hague in the Netherlands.

9 Under the provisions of Rule 65 bis(B) of the Rules of Procedure

10 and Evidence of the Tribunal, an Appeals Chamber or an Appeals Judge

11 shall convene a Status Conference within 120 days of the filing of a

12 notice of appeal to allow any person in custody, pending appeal, the

13 opportunity to raise issues in relation thereto.

14 The order for this Status Conference was issued on 11 December

15 2008. This is, therefore, our first meeting pursuant to Rule 65 bis, and

16 I would like to ask Mr. Delic - Mr. Delic, I'm turning to you - would you

17 like to raise any particular issues that you have in relation to your

18 detention conditions or in relation to your mental and physical

19 condition?

20 You have the floor.

21 THE ACCUSED: [Interpretation] Madame Judge, I have no problems.

22 Both psychologically and physically, I am all right. My health condition

23 is under control, and I don't have any issues to raise.

24 JUDGE VAZ: [Interpretation] Very well. Thank you very much,

25 Mr. Delic. You may sit down.

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1 I see that your counsel is showing that she agrees with her

2 client, so thank you very much, Madame.

3 As regards the status of the case in appeal, I would like to

4 remind the parties of the order of 2008 in relation to the composition of

5 the Judges of the Appeals Chamber, Judges appointed to the case. I would

6 like to remind all parties that this decision was -- or that order was

7 taken on that date.

8 I also know that as regards the notice of appeal filed by the

9 Prosecution, all briefs were filed within the time-limits with respect to

10 the appeal of Rasim Delic. We were seized with his notice of appeal on

11 14th of October, 2008, his appellant's brief, under seal, on the 26th of

12 December, 2008, followed by a public unsealed redacted version filed on

13 the 7th of January, 2009. We have taken note of this, of his brief of

14 the 26th of December, 2008.

15 To this effect, after consulting with my colleagues, I can

16 confirm that the amendments in question, since they are talking about the

17 form, were accepted without an authorisation by the Appeals Chamber under

18 Rule 108 of the Rules.

19 No comments to make as regards the OTP?

20 MS. MARTIN SALGADO: Your Honour, I would just like to confirm

21 that the filed version of the Defence appeal brief was filed by the

22 Registry on the 29th of December, 2008. I just wanted to make that

23 clarification.

24 Thank you.

25 JUDGE VAZ: [Interpretation] Very well. We take note of this

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1 different date. So it's the 29th of December, 2008. Thank you very

2 much.

3 We note that the respondent's brief by the Prosecution shall be

4 filed by 9 February 2009, at the latest, meaning that the delay for the

5 filing of the brief in reply will expire on the 24th of February, 2009.

6 Very well. I believe that parties have no additional comments to

7 make. Therefore, under reserve of the filing of the above-mentioned

8 briefs and eventual amendments under Rules 108 and 115 of the Rules, the

9 briefs filed by the parties shall be analysed by the Appeals Chamber as

10 they currently are, in their current form.

11 Do the parties have any specific comments to make as to the

12 status of the appeals case or as to the briefs, other than what you've

13 mentioned to us earlier with respect to the modification of the date? Do

14 you have any other comments to make?

15 MS. MARTIN SALGADO: We don't have any issues to raise at this

16 point. Thank you, Your Honour.

17 MS. VIDOVIC: [Interpretation] Your Honour, the Defence also has

18 no other questions, other than the ones already raised in our briefs, but

19 nothing more at this point in time.

20 JUDGE VAZ: [Interpretation] Very well. Thank you very much.

21 As far as I'm concerned, I don't have any other questions to

22 raise, and obviously since I've asked you to make your comments on what

23 I've said, you may ask any questions if you wish to do so at this stage.

24 If there are no questions on behalf of the Prosecution or the

25 Defence? No. Well, in that case, I would like to say the following

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1 before this Status Conference is adjourned.

2 I would like to thank the parties. I would like to thank the

3 legal interpreters, the interpreters -- the legal assistants, the

4 interpreters, and all the other people involved in this Status

5 Conference.

6 The Status Conference is adjourned. Thank you very much. Have a

7 nice afternoon.

8 --- Whereupon the Status Conference adjourned at

9 2.30 p.m.