040721SC

Page 659

1 Wednesday, 21 July 2004

2 [Status Conference]

3 [Open session]

4 [The appellants entered court]

5 --- Upon commencing at 4.01 p.m.

6 JUDGE SCHOMBURG: Please be seated. A very good afternoon to

7 everybody. May I ask the registrar, please call the case.

8 THE REGISTRAR: Your Honours, case number case number

9 IT-95-14/2-A, the Prosecutor versus Dario Kordic and Mario Cerkez.

10 JUDGE SCHOMBURG: Thank you. And may I have the appearances for

11 the parties. Prosecution first, please.

12 MS. BRADY: Thank you, Your Honour. Helen Brady appearing on

13 behalf of the Prosecution, and with me today Ms. Marie-Ursula Kind and our

14 case manager Ms. Lourdes Galicia. And I'd like to extend apologies on

15 behalf of Mr. Norman Farrell, our lead counsel, who can't be present today

16 because he's ill.

17 JUDGE SCHOMBURG: I wish him all the best. I know about this

18 fact.

19 For the Defence, please.

20 MR. NAUMOVSKI: [Interpretation] Good afternoon, Your Honour.

21 Mr. Naumovski, attorney-at-law from Zagreb, on behalf of Dr. Kordic.

22 MR. KOVACIC: Your Honour, the same as usual, Bozidar Kovacic for

23 Mr. Mario Cerkez. Thank you, Your Honour.

24 JUDGE SCHOMBURG: Thank you. And may I take the opportunity at

25 the same time to ask the two appellants whether they can follow the

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1 proceedings in a language they understand and is there any complaint about

2 the conditions in the United Nations Detention Unit, or do you feel

3 uncomfortable, or do you have reasons to believe to be ill?

4 THE APPELLANT KORDIC: [Interpretation] Good afternoon, Your

5 Honour. Thank you for asking and thank you for giving me the opportunity

6 to say what we think. I understand what you're saying. I don't have any

7 objections to the Detention Unit conditions and I feel well.

8 JUDGE SCHOMBURG: Thank you. And please, Mr. Cerkez.

9 THE APPELLANT CERKEZ: [Interpretation] Thank you for asking,

10 Your Honour. I have no objections and my health condition is good.

11 JUDGE SCHOMBURG: Thank you. This is in fact good news. You may

12 be seated again.

13 May I ask the parties, are there any pending matters, pending

14 motions? Prosecution first.

15 MS. BRADY: Nothing from the Prosecution, Your Honour.

16 JUDGE SCHOMBURG: From the side of the Defence?

17 MR. NAUMOVSKI: [Interpretation] Nothing on behalf of

18 Mr. Dario Kordic.

19 MR. KOVACIC: [Interpretation] The Defence team for Mr. Cerkez has

20 no issues to raise. Thank you.

21 JUDGE SCHOMBURG: This is an extraordinarily good situation, so I

22 take it that there are no problems in relation to disclosure. But

23 nevertheless, it's my duty to remind the Prosecution on what is now Rule

24 68, that notwithstanding the completion of an appeal, the Prosecutor shall

25 disclose to the other party - here the parties - any material referred to

Page 661

1 in paragraph A, above that Rule 68(A), in the form as amended at 12

2 December 2003.

3 Any other issues to be raised? And it's also an opportunity, no

4 doubt, for the appellants themselves to raise any questions, if there

5 should be any. I can see nobody who wants to take the floor. Then I can

6 only express the hope that this will be the last Status Conference in this

7 case.

8 The Status Conference is hereby closed. Thank you.

9 --- Whereupon the Status Conference adjourned at

10 4.06 p.m.