ICTY WEEKLY PRESS BRIEFING Latest Developments

ICTY Weekly Press Briefing

Date: 20.09.2006

Time: 12:00

Registry and Chambers:

Refik Hodzic made the following statement:

The three courtrooms are busy this week and next week with the five continuing trials.

Another extraordinary plenary session is being held today with judges discussing issues of legacy of the ICTY and archiving in this context. This plenary marks the start of the discussions on the subject and will address a number of administrative and judicial issues.

As you may recall, an extraordinary plenary session was held last week resulting in a number of changes to the Tribunal’s Rule of Procedure and Evidence. The amendments come into force this Friday, 22 September.

The amendments are designed to further speed up trials and primarily affect the presentation and admission of written evidence instead of or in addition to live witness testimony in trials.

Rule 92bis was amended to allow the admission of witness statements or transcripts of witness testimony from previous proceedings before this Tribunal instead of live testimony in court.

Two new rules were also introduced - Rule 92 ter and Rule 92 quater.

Rule 92 ter applies if the Judges decide that in addition to the admission of a written statement or transcript, the witness needs to appear in court for cross-examination. Importantly, if the witness is invited for cross-examination, evidence admitted under this rule may include evidence that goes to proof of the acts and conduct of the accused. Previously, that was not the case.

Rule 92 quater allows for written statements and transcripts to be admitted in a situation in which a witness is unavailable to the Tribunal - if the witness is deceased, out of reach, or otherwise not able to testify.

Finally, Rule 94 bis - Testimony of expert witnesses was amended to include reference to 'reports' as well as statements as admissible forms of evidence.

Filings:

I will put on the record the official requests received this week from the Republic of Croatia requesting leave to file amicus curiae briefs in the cases of Ante Gotovina, Ivan Cermak and Mladen Markac and Prlic et al. Pursuant to the Rule 74 of the Rules of Procedure and Evidence, it is now up to the chambers in these cases to decide on whether leave will be granted in each of the requests.

SCHEDULE:

A status conference for the former Minister of the RS MUP Mico Stanisic will be held next Tuesday at 4 p.m. in courtroom II.

On 13 September, an order has been issued by judge Orie summoning Domagoj Margetic for his initial appearance in relation to the contempt of court charges, on Thursday, 5 October at 2:15pm.

In the case of Vojislav Seselj, a scheduling order has been issued on 18 September setting the date for the start of his trial for the 2 November. A Pre-trial conference will be held on 1 November.

OUTREACH:

The Outreach programme was pleased to welcome a group of 16 civil servants from Kosovo yesterday. They are currently taking part in a two-week training on the European Union and its external relations at the Clingendael Institute.

The visitors were provided with a general presentation on the ICTY followed by a Q&A session, were given a courtroom tour and attended the Milutinovic et al. trial.

 

Office of the Prosecutor:

Anton Nikiforov, Advisor to the Prosecutor and acting Spokesperson of the Office of the Prosecutor (OTP), made no statement.

Questions:

No questions.

Document List:

Date: 20 September 2006

Case Description

Signature Date

Document Title

Blaskic and Kordic and Cerkez (Appeal)

18-Sep-06

Prosecution Motion For Order Striking Notice Of Appeal And Requiring Refiling

Blaskic and Kordic and Cerkez (Appeal)

18-Sep-06

Order Assigning Judges To A Case Before The Appeals Chamber

Boskoski et al

18-Sep-06

Boskoski Defence Motion Seeking Leave To Reply And Reply To "Prosecution's Response To The "Boskoski Defence Motion To Strike Out Submissions Or, In The Alternative, For Leave To Respond To Prosecution Submissions"'

Boskoski et al

19-Sep-06

Prosecution's Response To The "Boskoski Defence Report On Progress Relating To The Proposed Agreed Facts And Motion For Extension Of Time"

Boskoski et al

19-Sep-06

[Decision On Assigned Pro Bono Counsel Motion Challenging Jurisdiction]

Boskoski et al

18-Sep-06

Boskoski Defence Report On Progress Relating To The Proposed Agreed Facts And Motion For Extension Of Time

Boskoski et al

15-Sep-06

Prosecution's Response To The "Boskoski Defence Motion To Strike Out Submissions Or, In The Alternative, For Leave To Respond To Prosecution Submissions"

Boskoski et al

19-Sep-06

Prosecution's Motion For Extension Of Time

Cermak & Markac (Interlocutory)

15-Sep-06

Reply On Behalf Of Appellant Ivan Cermak To Prosecution Response Brief

Gotovina et Al.

18-Sep-06

Request For Leave To Appear As Amicus Curiae

Gotovina et Al.

18-Sep-06

Request For Leave To Appear As Amicus Curiae

Halilovic (Appeal)

19-Sep-06

Motion For Clarification Of Appeals Chamber's "Decision On Prosecution's Motion To Strike Annexes To The Respondent's Brief"

Krajisnik (Interlocutory)

15-Sep-06

Decision On Krajisnik's Appeal Against The Trial Chamber's Decision Dismissing The Defense Motion For A Ruling That Judge Canivell Is Unable To Continue Sitting In This Case

Lukic et al

18-Sep-06

Submission From The Government Of Argentina

Mejakic et al.

18-Sep-06

Prosecutor's Request For An Extension Of Time To File Progress Report

Milorad Trbic

15-Sep-06

Acte D'accusation

Milutinovic (Interlocutory)

15-Sep-06

Décision Relative A La Demande D'examen Presentee Par Les Etats-Unis D'amerique

Milutinovic et al.

19-Sep-06

Pavkovic Joinder In General Ojdanic's Submissions Concerning Admission Of Testimony Of Witness K82

Milutinovic et al.

15-Sep-06

Appendice Ii (Décision)

Milutinovic et al.

19-Sep-06

Joint Defence Motion To Compel Rule 68 Disclosure

Milutinovic et al.

19-Sep-06

Corrigendum To Decision On Prosecution Sixth Motion For Protective Measures

Milutinovic et al.

19-Sep-06

Updated Prosecution Witness Notification For Trial Week Commencing 18 September 2006

Milutinovic et al.

19-Sep-06

Prosecution Application For Leave To Reply And Reply To "General Ojdanic's Submissions Concerning Admission Of Testimony Of Witness K82

Milutinovic et al.

15-Sep-06

Order On Prosecution Motion For Addistional Trial Related Protective Measure For Witness K73

Milutinovic et al.

19-Sep-06

General Ojdanic's Submissions Concerning Admission Of Testimony Of Witness K82

Milutinovic et al.

15-Sep-06

Final Submissions In Support Of General Ojdanic's Second Motion For Stay Of Proceedings

Milutinovic et al.

15-Sep-06

Scheduling Order And Decision On Joint Defence Motion To Modify Trial Schedule For Trial Week Beginning 25 September 2006

Milutinovic et al.

18-Sep-06

Prosecution Additional Submissions On Admissibility Of Testimony Of K82

Mrksic

15-Sep-06

Prosecution's Response To The Joint Defence Submission In Respect Of The Prosecution's Request For Use Of The Statements Of The Accused Given Before The National Organs In Course Of These Proceedings

Mrksic

15-Sep-06

Prosecution Response To Joint Defence Request For Certification Pursuant To Rule 73 (B)

Mrksic

15-Sep-06

Prosecution's Motion For Extension Of Word Limit For The Response To The Joint Defence Submission In Respect Of The Prosecution's Request For Use Of The Statements Of The Accused Given Before The National Organs In Course Of These Proceedings

Mrksic

18-Sep-06

Corrigendum To Prosecution's Response To The Joint Defence Submission In Respect Of The Prosecution's Request For Use Of The Statements Of The Accused Given Before The National Organs In Course Of These Proceedings

Mrksic

18-Sep-06

Joint Defense Motion For Removal Of The Statements Of The Accused From The Attachment Of The Prosecution's Response To The Joint Defence Submission In Respect Of The Prosecution's Request For Use Of The Statements Of The Accused Given Before The National

Mrksic

18-Sep-06

Notice Of The Defence Of Mr. Miroslav Radic Of Rule 94bis Disclosure Of Military Expert Witness Report

Popovic et al

19-Sep-06

Defence Motion For Certification To Appeal Decision On Prosecution Confidential Motion For Admission Of Written Evidence In Lieu Of Viva Voce Testimony Pursuant To Rule 92 Bis

Prlic and Others

18-Sep-06

Request For Leave To Appear As Amicus Curiae

Prlic and Others

19-Sep-06

Prosecution Motion For Admission Of Evidence Pursuant To Rule 92bis (A) And (D) (Ashdown)

Seselj

15-Sep-06

Prosecution Motion For The Admission Of Written Statements Of Witnesses Vs-011 And Vs-015 Pursuant To Rule 89(F) With Confidential And Exparte Annexes

Seselj

18-Sep-06

Scheduling Order Regarding Commencement Of Trial

Seselj (Interlocutory)

15-Sep-06

Procès-Verbal Of Reception Of The Bcs Version Of "Appeal Against The Trial Chamber's Decision On Assignment Of Counsel", A25-1/28ter

Seselj (Interlocutory)

18-Sep-06

Reply To The Prosecution's Response To Appeal Against The Trial Chamber's Decision On Assignment Of Counsel

Seselj (Interlocutory)

18-Sep-06

Further Addendum To Prosecution Response To Appeal Against The Trial Chamber's Decision On Assignment Of Counsel

Stanisic

19-Sep-06

Defence Response To Prosecution's Motion For Judicial Notice Of Facts Of Common Knowledge And Adjudicated Facts, With Annex

Stanisic

18-Sep-06

Decision On Prosecution's Motion To Vacate Order To File Pre-Trial Brief

Stanisic

15-Sep-06

Defence Urgent Motion For Variation From Word Limit

Stanisic

18-Sep-06

Order On Defence Urgent Motion For Variation From Word Limit

Stanisic

15-Sep-06

Defence Clarification Of Defence Notice Pursuant To Rule 67 (A)(Ii)

Strugar et al. (Appeal)

15-Sep-06

Withdrawal Of Prosecution's Appeal Against The Judgement Of Trial Chamber Ii Dated 31 January 2005

Strugar et al. (Appeal)

15-Sep-06

Defence Notice Of Withdrawing Appeal