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

ICTY Weekly Press Briefing
Date: 16.02.2005
Time: 12.15

Registry and Chambers:

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

Good afternoon,

First, at the Judges’ Plenary session last Friday, a refined version of Rule 11 bis of the Rules of Procedure and Evidence was adopted, as was an amendment to Rule 124 to reflect the long-standing practice with regard to the grant of early release and parole. The amendments will come into force on 22 February 2005 and copies will be available after this briefing.

A reminder that tomorrow there will be a hearing on the Prosecutor’s Request of 2 September 2004 for referral of the Ademi and Norac case to Croatia, pursuant to Rule 11 bis, before the specially appointed Chamber comprised of Judges Orie (presiding), Kwon and Parker, starting at 8.30 a.m. in Courtroom I. The hearing will be held in the presence of the Prosecution and Defence counsel, but without the presence of the accused. The Chamber has invited representatives of the Government of Croatia to appear, as well as two amici curiae.

The Chamber will also hold a hearing on 3 March 2005, starting at 2.15 p.m. to hear submissions on the Prosecutors requests for the transfer of the Stankovic and the Mejakic and others cases to Bosnia and Herzegovina, pursuant to Rule 11 bis. The Government of Bosnia and Herzegovina has been invited to attend with regard to both cases, and the Government of Serbia and Montenegro has been invited to attend with regard to the Mejakic and others case, in light of its proposal that the case be transferred to Serbia and Montenegro.

The Appeal Judgement in The Prosecutor v. Kvocka, Radic, Zigic and Prcac will be rendered by the Appeals Chamber on 28 February 2005 at 2.15 p.m. in Courtroom III.

The further initial appearance for Savo Todovic will be held tomorrow at 1 p.m. in Courtroom II.

There will be status conferences in The Prosecutor v. Blagoje Simic tomorrow at 10.30 a.m. in Courtroom I; in The Prosecutor v. Dragomir Milosevic on 22 February at 10 a.m. in Courtroom II; and in The Prosecutor v. Mejakic et al. on 23 February at 3 p.m. in Courtroom I.

Office of the Prosecutor:

Florence Hartmann for the Office of the Prosecutor announced that the Prosecutor and the Deputy Prosecutor would travel to Poland on 17 and 18 February 2005 to meet with senior officials including the President of the Republic, Mr Aleksander Kwasniewski, the Minister of Foreign Affairs, Mr Adam Rotfeld, and other senior officials. Also, while in Poland, the Prosecutor would visit Auschwitz and Birkenau.

Questions:

Asked when the first 11bis motion was filed by the Prosecution, Landale stated that the first was for the Ademi and Norac case filed on 2 September 2004.

A journalist pointed out that there was a news agency report from the former Yugoslavia Republic of Macedonia on 7 February which stated that ICTY investigators began a new round of questioning as part of the Tribunal’s investigation into war crimes committed in Macedonia during the ethnic conflict in 2001. Asked what the purpose of these investigations was, Hartmann answered by saying that she found it interesting how the OTP investigators were under such scrutiny and how much the fugitives were not.

Hartmann further stated that the prosecution was not conducting investigations in order to bring new indictments since December 24 in accordance with UNSC resolutions. This did not mean that the OTP had completed all investigation activities. For instance, for the purposes of the trial, work has to continue that could include reactivating a witness or checking new elements that have arrived. Hartmann added that it was a process that continued and did not stop in December 2004.

A journalist then noted that the article seemed as if it was referring to a new indictment, as there were no indictments in Macedonia in the public domain. Hartmann said that she had no comment and that was usual behavior for any office of the prosecutor and that was not particular for the ICTY. Hartmann added that was part of the confidential work of the OTP and that the OTP tried to be transparent, but that this was a confidential stage of their activities.

Asked how many cases were under consideration to be transferred to the state courts according to Rule 11bis, Landale answered that he understood there to be nine requests involving 18 accused.

Asked if there would be any new cases were under review by the OTP to be transferred back to the state courts, Hartmann answered it would depend on how many trials were scheduled before the deadline and how the process would go in the region. It would depend on the situation, Hartmann said.

Documents:

The Prosecutor v. Slobodan Milosevic

8 February 2005- Assigned Counsel Reply To Prosecution Motion In Response To Trial Chamber Oral Order Of 25 January 2005 Regarding Potential Additional Evidence To Be Given By Dr Kristan

9 February 2005- Request For Variance Of Protective Measures Pursuant To Rule 75 (G)(i) With Respect To Confidential Testimony And Exhibits In The Milosevic Case

The Prosecutor v. Blagojevic and Jokic

14 February 2005- Order Assigning Judges To A Case Before The Appeals Chamber

The Prosecutor v. Ademi and Norac

9 February 2005- Submission Of The Republic Of Croatia To The Court’s Order For Further Information On Certain Jurisprudential Aspects Of The Croatian Law In The Context Of The Prosecutor’s Request Under Rule 11bis

9 February 2005- Of The Republic Of Croatia To The Court’s Order For Further Information On The Relevant Croatian Law In The Context Of The Prosecutor’s Request Under Rule 11bis

11 February 2005- Further Submission Of The Defence Of Mirko Norac Pursuant To Chamber’s Order Of 20 January 2005

11 February 2005- Letter from Embassy Of The Republic Of Croatia

11 February 2005- Brief Amici Curiae On The question Whether The Case Prosecutor v. Rahim Ademi and Mirko Norac May be Transferred From The ICTY To The Courts Of The Republic Of Croatia

The Prosecutor v. Mrksic et al

10 February 2005- Order Appointing A Trial Chamber For The Purpose Of Determining Whether And Indictment Should Be Referred To Another Court Under Rule 11bis

The Prosecutor v. Stojan Zupljanin

14 February 2005- Mandat D’Arret Portant Ordre De Tranfert-A l’attention de la Force de l’Union europeenne (EUFOR)

14 February 2005- Mandat D’Arret Portant Ordre De Tranfert-A l’attention de la presence de l’Organisation du Traite de l’atlantique Nord (OTAN) a Sarajevo

The Prosecutor v. Mejakic et al

9 February 2005- Decision For Further Information In the Context Of The Prosecutor’s Request Under Rule 11bis

The Prosecutor v. Radovan Stankovic

9 February 2005- Decision For Further Information In The Context Of The Prosecutor’s Request Under Rule 11bis

The Prosecutor v. Milutinovic et al

10 February 2005- Order To Defence To Make Arrangements For An Oral Hearing On Provisional Release

The Prosecutor v. Kvocka,Radic,Zigic, and Prcac

9 February 2005- Order Terminating The Provisional Release Of Miroslav Kvocka

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