150211SC

Page 147

1 Wednesday, 11 February 2015

2 [Status Conference]

3 [Appellant entered court]

4 [Open session]

5 --- Upon commencing at 2.59 p.m.

6 JUDGE MERON: Please be seated.

7 Registrar, will you please call the case.

8 THE REGISTRAR: Thank you. And good afternoon, Your Honour.

9 This is case number IT-05-88/2-A, the Prosecutor versus Zdravko Tolimir.

10 JUDGE MERON: Let me make sure that the audio equipment is

11 working properly.

12 Mr. Tolimir, can you hear the proceedings in a language you

13 understand?

14 THE APPELLANT: [Interpretation] Thank you, Mr. President. I

15 would like to greet all of those present, and I hope that these

16 proceedings will evolve in accordance with God's will.

17 And yes, thank you, I hear you well.

18 JUDGE MERON: Thank you, Mr. Tolimir.

19 The Prosecution.

20 MS. SVARC: Yes, Mr. President. Thank you.

21 JUDGE MERON: Thank you, Ms. Svarc. Did I pronounce your name

22 correctly?

23 MS. SVARC: Svarc, Mr. President. Thank you.

24 JUDGE MERON: Thank you.

25 Mr. Tolimir, I see that your legal advisor, Mr. Aleksandar Gajic,

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1 is here. He has, of course, a right of audience during status

2 conferences. This was granted by an oral decision of the Pre-Appeal

3 Judge at the Status Conference on 5 July 2013.

4 Mr. Gajic, you are here? Mr. Gajic, can I have you confirm it

5 for the record.

6 MR. GAJIC: [Interpretation] Yes, Mr. President.

7 JUDGE MERON: Thank you.

8 As you are aware, Rule 65 bis (B) of the Rules of Procedure and

9 Evidence requires a Status Conference to be convened within 120 days

10 after the filing of a Notice of Appeal, and thereafter within 120 days

11 after the last Status Conference for each appellant in the Tribunal's

12 custody.

13 A Status Conference serves two primary purposes: First, it

14 allows the appellants an opportunity to express concerns relating to

15 their appeal or detention conditions; second, it provides an opportunity

16 to update the appellants with respect to the status of their case. The

17 Status Conference is also an opportunity for the Tribunal to inquire

18 about the mental and physical condition of the detained persons.

19 In the present case, the last Status Conference was held on

20 22 October 2014; thus, this Status Conference is taking place before the

21 expiration of the 120-day period specified in Rule 65 bis (B). Today's

22 Status Conference was scheduled by the Scheduling Order issued on

23 20 January 2015.

24 Let me now inquire into Mr. Tolimir's health. If Mr. Tolimir

25 wishes, this discussion can take place in closed session.

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1 Mr. Tolimir, any problems with your health, detention condition,

2 et cetera?

3 THE APPELLANT: [Interpretation] Thank you, Mr. President.

4 I did have some problems with my health. Four stents were built

5 into my heart, and I would kindly ask the Presiding Judge to ask the

6 Detention Unit for the medical documentation involved so that it could be

7 sent both to the Chamber and to my lawyer.

8 Thank you.

9 JUDGE MERON: Registrar, would you please communicate this to the

10 Detention Unit.

11 THE REGISTRAR: Yes, Your Honour. That will be done.

12 JUDGE MERON: Mr. Tolimir would like himself to have the report

13 of the medical experts on his health condition following the insertion of

14 the stents, and he authorises submission of that same report to the

15 Bench.

16 Thank you, Mr. Tolimir.

17 Turning to the recent update -- the update of the case. The

18 appeal hearing in this case took place, as you know, on the Wednesday,

19 12 November 2014. The Appeals Chamber is deliberating on a judgement.

20 Currently we have no pending motions before us, and I would like now to

21 ask the parties whether they have any issues that they would like to

22 raise.

23 At this time, the Prosecution.

24 MS. SVARC: Thank you, Mr. President.

25 Dominika Svarc, on behalf of the Prosecution, together with my

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1 colleague, Todd Schneider, and our Case Manager, Janet Stewart.

2 The Prosecution has no issues to raise at this moment,

3 Mr. President.

4 JUDGE MERON: Thank you very much.

5 Mr. Tolimir, Mr. Gajic? I see no issues to raise at this time.

6 MR. GAJIC: [Interpretation] Mr. President, at this moment we have

7 no issues to rise.

8 JUDGE MERON: Thank you, Mr. Gajic.

9 Since there are no other matters to be raised, I thank the

10 parties for their attendance and thank the interpreters for their work

11 and call the proceedings to a close.

12 --- Whereupon the Status Conference adjourned

13 at 3.07 p.m.