ICTY WEEKLY PRESS BRIEFING Latest Developments

ICTY Weekly Press Briefing

Date: 02.11.2006

Time: 12:00

Registry and Chambers:

Refik Hodžić, Spokesman for Registry and Chambers, made the following statement:


SCHEDULE:

There will be a status conference in the Vojislav Šešelj case tomorrow morning at 8:00 in courtroom II. At a status conference yesterday, the Trial Chamber ordered the removal of the accused from the courtroom because he was engaging in disruptive conduct. As a consequence, the Trial Chamber did not have an opportunity to be informed by the accused about his preparedness to commence the trial and the status conference scheduled for tomorrow morning is intended to provide this opportunity.

The proceedings in the Milutinović et al., Mrksić et al., Martić and Popović et al. cases will continue tomorrow.

Next week, the proceedings in the Milutinović et al., Mrksić et al. and Martić cases will continue Monday through Friday and the Popović et al. and the Prlić et al. cases will continue Monday through Thursday.

Filings:

The trial of Domagoj Margetić, on contempt of court charges, is scheduled for 9 am on 30 November, in courtroom II. Margetić, a freelance journalist from Croatia, is accused of revealing the names of witnesses who testified in the Tribunal case against Tihomir Blaškić. According to the indictment, he did so by publishing lists of witnesses on his personal website between 7 July and 2 August 2006 despite receiving explicit advance warning that the material was confidential and subject to court orders which prohibited publication.

On Tuesday, Appeals Chamber issued a decision rejecting the request for review by Mladjo Radić. Radić, a former shift leader in the Omarska camp, is currently serving a 20 years sentence in France after having been found guilty of persecutions (as a crime against humanity) and torture (as a war crime) for many crimes including rape, sexual assaults and other forms of sexual violence.

Yesterday, the Prosecution filed its pre-trial brief in the case against Rasim Delić. In addition, following Republic of Croatia’s requests to Appeals Chamber for review of the decisions denying its request to appear as amicus curiae in the cases Prlić et al and Gotovina et al, Prosecution yesterday filed motions to strike these requests.

Office of the Prosecutor:

Anton Nikiforov, Advisor to the Prosecutor, made no statement.

Questions:

Referring to Trial Chamber’s decision allowing Haradinaj to appear on TV based on UNMIK’s opinion stating that his appearance contributes to peace and reconciliation in Kosovo, a journalist asked how it is possible that an indicted person can contribute to peace and reconciliation in the area in which the alleged crimes have taken place. He added that it leaves the impression that this decision is politically motivated. Hodžić replied that he would to draw the journalist’s attention to the original decision which basically sets out the mechanism according to which UNMIK makes a decision, based upon their assessment, about Haradinaj’s public engagements, with the obligation to notify the Prosecution. The Trial Chamber exercises its discretionary power in each case. In this situation, UNMIK first informed of its positive decision, the prosecution appealed and the Trial Chamber suspended it and requested further information [from both sides]. ‘You can see the reasoning for its decision [to subsequently allow Haradinaj to appear], on which you understand, I can not comment’, said Hodžić. Nikiforov added that the Prosecution opposes any public appearances by accused as a matter of principle.

Asked whether the Office of the Prosecutor is satisfied with UNMIK’s approach in this affair, Nikiforov replied that there are issues of cooperation between the office of the Prosecutor and UNMIK. But this was not the issue. UNMIK believes that Haradinaj’s public appearance would help the situation on the ground. The Prosecution does not wish to talk on their behalf, it is for them to defend their position. The Prosecution believes that it is just a matter of principle that any accused for serious violations of international humanitarian law should not be allowed to conduct political activities. Nikiforov continued to say that this has a chilling effect on witnesses, effect on other parties [previously involved]in the conflict, effect which creates a vision of partiality: one accused is allowed to engage in political activities while other accused are not allowed to conduct political or any public activities. He added that the position of the prosecution is that it cares about its cases and its witnesses. In the situation where many of prosecution witnesses are facing the accused for war crimes being so highly regarded by the UN Mission in Kosovo, by international officials and allowed to appear publicly on regional TV, gives the witnesses a very bad message. These are the reasons for the objections by the Office of the Prosecutor.

 

Document List

Case Description

Signature

Date

Document Title

Blaskic (Contempt)

01-Nov-06

Scheduling Order Regarding Commencement Of Trial

Blaskic and Kordic and Cerkez (Appeal)

30-Oct-06

Ordonnance Portant Designation De Juges Dans Une Affaire Dont Est Saisie La Chambre D'appel

Boskoski et al

27-Oct-06

Boskoski Defence Further Report On Progress Relating To The Proposed Agreed Facts

Brdjanin (Appeal)

27-Oct-06

Order To The Prosecution

Delic

31-Oct-06

Prosecution Submission Pursuant To Rule 65ter

Delic (Miscellaneous)

01-Nov-06

Decision On Prosecution's Appeal

Gotovina et Al. (Interlocutory)

01-Nov-06

Prosecution's Motion To Strike Request For Review Under Rule 108bis Of Trial Chamber's Decision Request Of Republic Of Croatia To Appear As Amicus Curiae

Gotovina et Al. (Interlocutory)

31-Oct-06

Order Assigning Judges To A Case Before The Appeals Chamber

Halilovic (Appeal)

27-Oct-06

Decision On Defence Motion For Prompt Scheduling Of Appeal Hearing

Haradinaj et al

27-Oct-06

Defence Reply On Behalf Of Ramush Haradinaj To Prosecution's Response To Defence Motion Seeking Subpoena

Haradinaj et al

31-Oct-06

Decision On Haradinaj Motion For Access, Balaj Motion For Joinder And Balaj Motion For Access To Confidential Materials In The Limaj Case

Haradinaj et al

31-Oct-06

Prosecution Observations Further To The Motion Of 18october 2006 Seeking Annulment Of Unmik's Decision Permitting The Accused Haradinaj To Appear In A Television Interview (23/10/2006)

Haradinaj et al

31-Oct-06

Order Postponing Deadline For Prosecution Submission Of Proposed Agreed Facts

Haradinaj et al

27-Oct-06

Order Lifting Suspension On Unmik Decision

Haradinaj et al

27-Oct-06

Order Requiring Prosecution To Submit Redline Version Of Proposed Second Amended Indictment

Haradinaj et al

30-Oct-06

Prosecution Motion For Extension Of Time In Which To Provide The Accused With A New List Of Proposed Agreed Facts

Haradinaj et al

30-Oct-06

Prosecution's Filing Of "Redline " Version Of Proposed Second Amended Indictment And Notice Of Filing Of Corrigendum

Limaj et al (Appeal)

31-Oct-06

Decision On Haradinaj Motion For Access, Balaj Motion For Joinder And Balaj Motion For Access To Confidential Materials In The Limaj Case

Lukic et al

30-Oct-06

Correspondence From Host Country Re: Provisional Release Of Mr. Sredoje Lukic

Milutinovic et al.

02-Nov-06

General Ojdanic's Response To United Kingdom Motion For Extension Of Time

Milutinovic et al.

31-Oct-06

Request By The Government Of The United Kingdom For A Variation Of Time Limits Pursuant To Rule 127 To File A Response To General Ojdanic's Motion For A Binding Order

Milutinovic et al.

02-Nov-06

Joint Defence Objection To Trial Schedule For Week Commencing 27 November 2006

Milutinovic et al.

31-Oct-06

Prosecution Provisional List Of Witnesses For The Months Of November And December 2006

Milutinovic et al.

30-Oct-06

Decision Granting Prosecution's Renewed Second Motion For Admission Of Evidence Pursuant To Rule 92bis

Milutinovic et al.

01-Nov-06

Decision On Prosecution Motion For Testimony Of K58 To Be Heard Via Video-Link Conference

Milutinovic et al.

30-Oct-06

Joint Motion For Provisional Release During The Winter Recess

Milutinovic et al.

01-Nov-06

Motion Requesting Assistance And Guidance From The Trial Camber Regarding Witness Bislim Zyrapi

Milutinovic et al.

01-Nov-06

Sreten Lukic's Motion To Bar Certain Testimony From Witness Mehmet Mazrekaj

Mrksic

27-Oct-06

Internal Memorandum From Interpretation Unit Regarding Verification Of Accuracy Of Interpretation In The Mrksic Hearings Of October 31, 2005 And September 15, 2006

Oric(Appeal)

27-Oct-06

Defence Response To Prosecution Motion For Variance Concerning Order And Numbering Of Arguments On Appeal And To Prosecution's "Corrigendum To Appeals Brief"

Popovic et al

31-Oct-06

Beara Defence Notification On Joining The "Response On Behalf Of Drago Nikolic To Prosecution's Submission Pursuant To The Trial Chamber's 12 September 2006 Decision On Prosecutor's Confidential Motion For Admission Of Written Evidence In Lieu Of Viva Voc

Popovic et al

27-Oct-06

Prosecution's Response To Miletic Oral Submission For Full Cross-Examination Of Prosecution Witness Number 25

Prlic and Others

31-Oct-06

Joint Defence Response To Prosecution Motion For Admission Of Evidence Pursuant To Rule 92bis (A) (Pajic)

Prlic and Others

31-Oct-06

Joint Defence Response To Prosecution Motion For Admission Of Evidence Pursuant To Rule 92 Bis (A) (Ribicic)

Prlic and Others

31-Oct-06

Demande D'admission D'un Compte Rendu De Témoignage Présentée Par L'accusation En Application De L'article 92 Bis A) Du Règlement (Ribicic)

Prlic and Others

27-Oct-06

Demande D'admission D'un Compte Rendu De Témoignage Présentée Par L'accusation En Application De L'article 92 Bis A) Du Règlement (Pajic)

Prlic and Others

27-Oct-06

Internal Memorandum Regarding Time-Monitoring - Period Ending 12 October 2006

Prlic and Others

27-Oct-06

Decision On The Prosecution Motion For Admission Of Evidence Pursuant To Rule 92bis Of The Rules (Ashdown)

Prlic and Others (Interlocutory)

01-Nov-06

Prosecution's Motion To Strike Request For Review Under Rule 108 Bis Of Trial Chamber's Decision Denying Request Of Republic Of Croatia To Appear As Amicus Curiae

Prlic and Others (Interlocutory)

31-Oct-06

Order Assigning Judges To A Case Before The Appeals Chamber

Radic (Review)

31-Oct-06

Decision On Defence Request For Review (+Declaration Of Judge Shahabuddeen)(Public Redacted Version)

Seselj

27-Oct-06

Prosecution Motion For The Admission Of Written Statement Of Witness Vs-031 Pursuant To Rule 92 Ter

Seselj

31-Oct-06

Procès-Verbal Of Reception Of Bcs Translation Of "Decision [By The Deputy Registrar Re Assignment Of Standby Counsel]"

Seselj

02-Nov-06

Request By Dr Vojislav Seselj To Have Video Cassettes And Other Material Made Available To The Expert Team Assisting In The Preparation Of His Defence (Submission No. 205)

Seselj

01-Nov-06

Registry Submission Regarding Appeal Against Registrar's Decision To Assign Defence Counsel To Vojislav Seselj

Seselj

02-Nov-06

Appeal By Dr Vojislav Seselj Against The Registry's Decision Of 19 October 2006 Unlawfully Setting Conditions For Visits (Submission No. 207)

Seselj

31-Oct-06

Order Assigning An Ad Litem Judge To A Case Before A Trial Chamber

Seselj

01-Nov-06

Scheduling Order

Seselj

30-Oct-06

Decision [By The Deputy Registrar Re Assignment Of Standby Counsel]

Seselj (Interlocutory)

31-Oct-06

Procès-Verbal Of Reception Of "Decision On Appeal Against The Trial Chamber's Decision On Assignment Of Counsel"