¹⁸⁹

Friday, 23 July 2004

[Status Conference]

(Open session)

[The accused entered court]

--- Upon commencing at 2.31 p.m.

JUDGE EL MAHDI: [Interpretation] Good afternoon to everyone. Madam Registrar, would you be so kind as to call the case, please.

THE REGISTRAR: Yes, Your Honour. Good afternoon, Your Honour. This is the case number IT-00-41-PT, the Prosecutor versus Ljubicic.

JUDGE EL MAHDI: [Interpretation] Thank you. Could we have the appearances for the Prosecution, first of all.

MS. KARAGIANNAKIS: Magda Karagiannakis for the Prosecution, appearing with Fergal Gaynor and Mr. Hasan Younis.

JUDGE EL MAHDI: [Interpretation] Thank you. And could we have the appearances for the Defence, please.

MR. JONJIC: [Interpretation] Good afternoon, Your Honour. My name is Tomislav Jonjic, and I represent the accused, Mr. Ljubicic.

JUDGE EL MAHDI: [Interpretation] Thank you. Mr. Ljubicic, can you hear me in a language that you -- but do sit down. Can you hear me in a language that you understand?

THE ACCUSED: [Interpretation] Yes, Your Honour, I can.

JUDGE EL MAHDI: [Interpretation] Thank you. I'd like to start by asking you about your health, Mr. Ljubicic. Would you like us to go into private session, first of all?

THE ACCUSED: [Interpretation] Your Honour, it's not necessary to ¹⁹⁰ go into private session.

JUDGE EL MAHDI: [Interpretation] Very well. Could you tell me anything about your health?

THE ACCUSED: [Interpretation] Your Honour, I'm in fairly good health, although I'd like to point out that I don't feel that well. I don't have any problems as far as my health is concerned, but recently I haven't been feeling that well.

JUDGE EL MAHDI: [Interpretation] But the authorities are aware of your problems? Are you receiving the necessary treatment? Can I help you in any way whatsoever? Can I forward your requests, your wishes, to those who are in charge of these matters?

THE ACCUSED: [Interpretation] Your Honour, I don't have any health problems, and I don't need medical treatment of any kind, or any other kind of treatment. But recently I've realised that my status isn't equal to that of everyone else here, and that the detainees are not all treated as if they were on an equal footing. And I feel bad as a result of this. But it doesn't mean that I require medical assistance, medical treatment of any kind.

JUDGE EL MAHDI: [Interpretation] But apart from your health, you have raised certain other issues, if I understand you correctly. You mentioned unequal treatment. You mentioned the fact that not everyone is treated in the same way. Could you perhaps provide me with additional explanations.

THE ACCUSED: [Interpretation] Your Honour, I'll go to the point. I really have no objections as far as the personnel in the Detention Unit is ¹⁹¹ concerned. They treat me in a very fair and professional manner. I have no objections to the course these proceedings have been following. However, this is my 33rd month here, and through contact on a daily basis with other detainees, and having seen their needs, given family tragedies, et cetera, that they have had, I have realised that we are not all treated in an equal manner, and this has affected me. I'm talking about myself, but I think that there are other detainees who share my opinion. If it's necessary to provide you with any specific examples, I can do so, but I wouldn't want to go into all the details. If you think it is necessary, however, I will do so.

JUDGE EL MAHDI: [Interpretation] It's not for me to force you to raise issues that you don't want to raise. Has your lawyer been informed of your concerns?

THE ACCUSED: [Interpretation] Well, I have contact on a daily basis with my counsel, and I inform him of everything. I think that I'm also aware of everything that is taking place in these proceedings, and I'm very happy with the state of affairs. But we will try to agree on how we will proceed in the future.

JUDGE EL MAHDI: [Interpretation] Thank you very much. Please sit down.

I would now like to turn to the matter of the pre-trial stage. I believe that there was a meeting, pursuant to Rule 65 ter, a meeting between the Prosecution and the Defence. I have been informed that the parties have agreed to the trial starting, that is to say, they have agreed that one should consider that the pre-trial phase has now been ¹⁹² completed.

As far as I'm concerned, and having read in detail the -- or having examined in detail the documents that have been presented in this case, my impression is that this pre-trial stage has really been completed and it is my duty to draft a report that should be provided to the Trial Chamber that will be seized of the case.

With regard to this matter, I'd like to be sure that the parties agree with this conclusion. I would like to ask the representative of the Prosecution to confirm or to inform me whether the Prosecution has any submissions they would like to make with regard to the completion of the pre-trial stage.

MS. KARAGIANNAKIS: Your Honour, the Prosecution is ready to proceed with the trial and has completed its obligations in the pre-trial stage, and we have nothing to add.

JUDGE EL MAHDI: [Interpretation] Thank you, madam. Mr. Jonjic, do you share the same opinion?

MR. JONJIC: [Interpretation] Your Honour, Defence counsel also agrees that the pre-trial phase has more or less been completed and that we are ready to go to trial, as was said at the 65 ter meeting yesterday. As far as disclosure of exhibits is concerned, the Prosecution and Defence are cooperating successfully. I turn to Mr. Harmon and submitted certain requests to him. He said that he would comply with the requests. I think this will be done fairly soon. But these are minor technical issues that should in no way affect the decision to go to trial. Thank you very much.

JUDGE EL MAHDI: [Interpretation] Thank you, Mr. Jonjic. This, ¹⁹³ then, confirms my impression that we are ready to go to trial very rapidly, and I will then have to carry out my duty and draft the report required by the Rules. Before we adjourn, would either of the parties like to raise any issues or draw my attention to any matters?

MS. KARAGIANNAKIS: Nothing from the Prosecution, Your Honour.

JUDGE EL MAHDI: [Interpretation] Thank you.

MR. JONJIC: [Interpretation] The Defence has no issues to raise either, Your Honour.

JUDGE EL MAHDI: [Interpretation] Thank you. In that case, we will now adjourn.

--- Whereupon the Status Conference adjourned at 2.43 p.m.