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

ICTY Weekly Press Briefing
Date: 23.06.2004
Time: 12.00 p.m.

Registry and Chambers:

Christian Chartier, Chief Public Information, made the following statement:

Good afternoon,

As we speak, the President of the Tribunal is completing a two-day mission to Sarajevo.

Yesterday he held meetings at the Office of the High Representative, more specifically with Ambassador Fassier and his team; they discussed progresses made with regard to the establishment of a War Crimes Chamber within the State Court of Bosnia and Herzegovina. In the afternoon, President Meron visited the State Court and met with its President, Judge Raguz.

This morning, President Meron had a meeting with the High Representative, Lord Ashdown, following which he flew to the Srebrenica Memorial Cemetery, at Potocari, where he delivered an address. The full text of the President’s address will be available to you after this briefing.

Starting this afternoon, a visit will be paid to the Tribunal by the Minister of Justice of Croatia, Ms. Vesna Skare Ozbolt. The Minister will be accompanied by Vice-Minister Muljacic, State Prosecutor Bajic, and Ambassador Krnic. The delegation will hold talks focusing on the on-going cooperation between Croatia and the ICTY, with Prosecutor Del Ponte and Registrar Hans Holthuis, today, and with President Meron tomorrow.

In terms of the court schedule:

On my way to this briefing, I was informed that the Sentencing Judgement of Milan Babic will be delivered next Tuesday, 29 June 2004, at 11 a.m. in courtroom 1.

There will be a status conference in The Prosecutor v. Limaj, Bala and Musliu this Friday 25 June 2004 at 3 p.m. in courtroom I.

Another such status conference will take place on 9 July 2004 in the case The Prosecutor v. Mitar Rasevic.

In the contempt proceedings against Milka Maglov, Trial Chamber II has ordered that the case resume on Tuesday 20 July 2004. The Defence will have until 22 July 2004 at the latest to present her case. And closing arguments will be heard on Thursday 29 July 2004.

With regard to Decisions issued by the Chambers,

In the Milosevic case, you should have received at the end of last week, a press advisory on the Omnibus Order in which Trial Chamber III recapped a number of decisions made during the pre-defence conference. Another Order was issued separately by the Trial Chamber on 17 June 2004, requesting the Accused to apply in writing for the safe conducts he asked for with regard to three of his witnesses

Also, for those who were not at the Tribunal yesterday, copies were distributed of the Decision whereby Trial Chamber II denied the Strugar Defence Motion for a Judgement of Acquittal, only admitting that cruel treatment charges with regard to one victim could not be sustained as well as charges related to the destruction of some buildings and structures. The full text of this Decision has meanwhile been released on our website.

In the Strugar case too, the Trial Chamber on 17 June 2004 denied the Defence request to be granted leave to appeal against the groundbreaking Decision of 26 May 2004 in which Trial Chamber found that the Accused was fit to stand trial, and accordingly refused to terminate proceedings.

Finally, I would like to draw your attention to an interesting decision by the Appeals Chamber in the case The Prosecutor v. Sefer Halilovic, granting in part an appeal by the Defence on the issuance of subpoenas.

I understand that the ADC will give a briefing after this.

See also the latest ADC-ICTY press briefing.

Office of the Prosecution:

Florence Hartman for the Office of the Prosecutor also announced the visit of the Minister of Justice of Croatia, Ms. Vesna Skare Ozbolt. She recalled that the Prosecutor together with the President will travel to New York to address the Security Council on 29 June 2004.

Questions:

Asked with regards to the visit of the Croatian Minister of Justice and in relation to the pre-membership of Croatia to the European Union whether this meant that the Tribunal received full cooperation from Croatia and if the Tribunal expected to get their hands on Gotovina, Hartmann replied that the situation not was different since the OTP’s opinion was asked several weeks ago by the European Commission on this matter. Hartmann explained that becoming an EU member state was a long step-by-step process in which several specific criteria’s had to be met. She added to say that the Tribunal was waiting for the arrest of Gotovina.

Another journalist asked if the OTP was satisfied with the cooperation of Croatia, putting the arrest of Gotovina aside. Hartmann replied it was. The OTP had access to documents and witnesses and had elaborated on this in several public reports to the Security Council, the last one dated 31 May 2004.

Asked whether, during the visit of the Croatian Minister of Justice, the question of transferring specific cases to Croatia would be part of the discussion, Hartmann replied this issue was already addressed and that Croatia was initiating a process to adapt their criminal law in order to have cases deferred. She continued to say that Croatia was in the process of doing so which has not been finished and therefore it was too early to say anything new about that.

Chartier added it was always difficult to anticipate on meetings which were to take place. With regard to the issue of transferring of cases he reiterated what Jim Landale had mentioned last week namely that regardless of what had been or would be discussed between the OTP and States, the final decision to allow a case to be transferred was the decision of the Trial Chamber. He referred to Rule 11 bis of the Rules of Procedure of Evidence.

In this same matter a journalist asked whether the ICTY had read the OSCE report and what the opinion was. Chartier answered that speaking on behalf of the Registry and Chambers he was aware of this report and that the relevant ICTY officials would study the full report and surely find elements which might have an impact on ongoing discussions.

Hartmann answered that the OTP also had the report and that again this was an ongoing process in Croatia and that the OTP was aware of the problems and difficulties.

Finally a question was asked if the Prosecutor had good reasons to believe that Radovan Karadzic would be in The Hague before Tuesday, 29 June. Hartmann replied that the Prosecutor believed that somebody who had been indicted for grave breaches of international law should be arrested and transferred to The Hague. This Indictment had been issued in 1995 and whatever the date, even next Tuesday, was too late.

Chartier added that he would like to quote the President who said this morning in Srebrenica: "It is simply unacceptable that the authorities in the Republika Srpska have yet to arrest and transfer any individual on their territory who has been indicted by the Tribunal.'' adding that the President was looking forward to a swift improvement in this situation by these authorities to comply with their clear obligations under International Law. Chartier continued to say that he believed that the words used last night by the new President of the Republika Srpska sounded like starting a new chapter.

Press Briefing documents

The Prosecutor v. Slobodan Milosevic

17 June 2004 "Order To Accused Concerning Applications For Safe Conduct". 1pg

The Prosecutor v. Vidoje Blagojevic et al

16 June 2004 "Vidoje Blagojevic’s Notice Of Disclosure Of Expert Witness Statement Under Rule 94bis." 25pg

21 June 2004 "Second Motion To Present Additional Evidence Pursuant To Rule 115." 100pg

21 June 2004 "Motion To Present The Expert Opinion Of Dr Stanko Pihler As Additional Evidence Pusuant To Rule 115." 20pg

The Prosecutor v. Pavle Strugar

11 June 2004 "Defence Submission: Expert Report." 8pg

11 June 2004 "Defence Submission: Expert Report II." 10pg

17 June 2004 "Decision On Defence Motion For Certification." 4pg

18 June 2004 "Defence Submission: Expert Report III" 15pg

The Prosecutor v. Momir Nikolic

22 June 2004 "Momir Nikolic’s Response To The Prosecution’s Motion To Strike Parts Of Defence Appeal Brief And Evidence Not On Record." 8pg

The Prosecutor v. Sefer Halilovic

21 June 2004 "Decision On The Issuance Of Supoenas". 11pg

The Prosecutor v. Radovan Stankovic

21 June 2004 "Defence’s Pre-Trial Brief". 31pg

The Prosecutor v. Naser Oric

18 June 2004 "Decision Of The Registry On Assignment Of Counsel And The Extent To Which The Accused Is Able To Remunerate Counsel". 7pg

The Prosecutor v. Mejakic,Gruban,Fustar, and Knezevic

17 June 2004 "Decision On Prosecution’s Second Motion To Resolve Conflict Of Interest Regarding Attorney Jovan Simic." 4pg

The Prosecutor v. Blagoje Simic

17 June 2004 "Appellate Brief Of Blagoje Simic." 90pg

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