Please note that this is not a verbatim transcript of the Press Briefing. It is merely a summary.

ICTY Weekly Press Briefing
Date: 07.05.2003
Time: 12:20

REGISTRY AND CHAMBERS

Jim Landale, Spokesman for Registry and Chambers, made the following opening statement:

You all would have seen that on 1 May 2003, Judge Agius confirmed an Indictment against Jovica Stanisic and Franko Simatovic for crimes against humanity and violations of the laws or customs of war. The Tribunal now expects the authorities in Belgrade to transfer both individuals in due course, once they have been processed through the necessary legal procedures in Serbia.

In addition, you all should have seen from our press advisory yesterday that the start of the Blagojevic et al trial has been postponed until Wednesday 14 May, at 9 a.m. in Courtroom III. Furthermore, you should have seen copies of the "Joint Motion for Consideration of Plea Agreement Between Momir Nikolic and the Office of the Prosecutor", which was filed yesterday, 6 May, and on which there was a hearing yesterday afternoon.

I have just been informed that there will be a further hearing on this matter today at 3 p.m. in Courtroom I (please note that after the Briefing, the Press Office was informed that the hearing was moved to 4.30 p.m.

With regard to other developments related to on-going proceedings:

Next week, following a Scheduling Order from the Appeals Chamber, the hearing on Appeals will begin in the Prosecutor v. Milorad Krnojelac on Wednesday 14 May 2003 at 2.15 p.m. in Courtroom I. It is scheduled for two days.

On 17 April, in The Prosecutor v. Zeljko Meakic, Momcilo Gruban, Dusan Fustar, Predrag Banovic and Dusko Knezevic we received the Defence Pre-Trial Brief for Momcilo Gruban.

In the same case on 21 April we received Dusan Fustar’s Pre-Trial Brief.

On 29 April in the Prosecutor v. Mladen Naletilic "Tuta" and Vinko Martinovic "Stela" we received notices of appeal from both accused. On 1 May we received the Prosecutor’s Notice of Appeal.

On 28 April, in The Prosecutor v. Stanislav Galic we received the Prosecution’s Final Trial Brief. This is an extremely lengthy document and so will only be available on request.

On 24 April, in the The Prosecutor v. Radoslav Brdjanin, we received from the President of the Trial Chamber, Judge Meron, an "Order Determining Competent Trial Chamber in the Case of Contempt", which confirmed that "the Trial Chamber, as composed for the case The Prosecutor v. Radoslav Brdjanin is competent under Rule 77(D)(ii) of the Rules to adjudicate the alleged contempt against Milka Maglov".

On 16 April, in The Prosecutor v. Slobodan Milosevic Trial Chamber III (Judge May, presiding, Judge Robinson and Judge Kwon) issued its "Decision on Prosecution Motion for the Admission of Evidence-In-Chief of Its Witnesses in Writing", which by a majority and with Judge Kwon dissenting, denied the application.

On 17 April, in The Prosecutor v. Slobodan Milosevic we received the "Prosecution’s Motion Under Rule 73 bis to Vary the Trial Chamber’s Decision as to Which Witnesses are To Be Called and Request for Additional Time to Present Evidence".

On 25 April in the Milosevic case, we received the "Prosecution Submission of Expert Statement of Dr. Ivan Kristan Pursuant to Rule 94bis" entitled "Expert Witness Report on Constitutional and Legal Issues in the Case Against Slobodan Milosevic".

In the same case on 6 May we received the Trial Chamber’s "Decision on Two Prosecution Requests For Certification on Appeal Against Decisions of the Trial Chamber", in which the Trial Chamber granted two requests from the Prosecution for Certification to appeal two Decisions denying motions from the Prosecution, namely the Trial Chamber’s "Decision on Prosecution Motion for Judicial Notice of Adjudicated Facts" issued on 10 April 2003, and the Trial Chamber’s "Decision on Prosecution Motion for the Admission of Evidence-in-Chief of its Witnesses in Writing" issued on 16 April 2003.

Again in the Milosevic case and on the same day, the "Submission of Serbia and Montenegro Pursuant to the Chamber Order Issued at the Oral Hearing of 10 March 2003 Concerning the ‘Prosecution’s Application For an Order Pursuant to Rule 54 bis Directing the Federal Republic of Yugoslavia to Comply with Outstanding Requests For Assistance’" was filed.

On 6 May in the Prosecutor v. Milan Milutinovic, Dragoljub Ojdanic and Nikola Sainovic, Trial Chamber III (Judge May, presiding, Judge Robinson and Judge Kwon) rendered its "Decision on Motion Challenging Jurisdiction", in which the Trial Chamber denied the motion. Judge Robinson appended a separate opinion.

Copies of all the documents I have mentioned are available to you on request.

Finally, we are currently updating our contact lists. Could you please check the numbers we have for you on the lists we will provide to you at the end of this briefing and make any changes or amendments you feel are necessary. Thank you.

I wish to inform you of two working visits the Chief Prosecutor will be making over the next weeks. Next week she will go to Washington and New York. The Chief Prosecutor will meet the US Administration in Washington and in New York she will meet UN officials. The following week she will be in Sarajevo on 19 May and in Belgrade on 20 May. All these are working visits concerning the work of the OTP. I have no further details to provide to you at the moment.

In answer to the question whether the Tribunal had received a request from the authorities of Serbia and Montenegro to interview Milosevic in relation to the murder of Stambolic, Landale answered in the negative. He added that there had been no request to interview Seselj either (with regard to the charges against him in Belgrade related to the murder of Djindjic).

A journalist wondered whether the Tribunal had taken any action to interview Momcilo Mandic who had recently been arrested and who might be able to answer questions on the whereabouts of Radovan Karadzic. In answer, Hartmann replied that the Prosecution did not give any details of contacts it may or may not have.

The next question referred to a high level official in Belgrade, Dragoljub Micunovic, and his suggestion that Stanisic and Simatovic should be investigated and stand trial in Serbia for the murder of Djindjic before being transferred to the ICTY. The journalist wondered whether the Tribunal had any comment on this. In response, Hartmann stated that the OTP expected Stanisic and Simatovic to be transferred to The Hague in the near future. She noted that the OTP was aware of the proceedings against the two in Serbia relating to non-Tribunal matters although she did not know the details. She added that the OTP had not been informed of any obstacles to their transfer.

She further pointed out that any proceedings at the ICTY would not impede on proceedings before the local judiciary in Serbia.

Landale added that the Tribunal welcomed the fact that Stanisic and Simatovic were already in custody and hoped that this fact would make it easier for them to be transferred in good time to the Tribunal. This was expected to happen once all the legal procedures had been worked through. He did not expect any particular delay, he added.

In answer to a question as to which country Biljana Plavsic would be transferred to serve her sentence, Landale pointed out that Tribunal policy was that no announcement was made on where an individual would serve their sentence until the transfer had taken place.

The journalist asked whether this meant that Plavsic had not yet arrived in the country in which she would serve her sentence. Landale responded that Plavsic had not yet been transferred.

A journalist asked which days Carla del Ponte would be in Washington. In response, Hartmann said she would be there from Monday to Thursday next week.

The final question posed was whether there were any changes with the Tribunal’s agreement with Sweden in regard to accepting prisoners – the journalist understood Sweden only accepted Swedish nationals or those with strong ties to Sweden. Landale answered that he was not aware of any changes but would check.

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