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Tribunal Criminal Tribunal for the Former Yugoslavia

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�1������������������������� Monday, 27 August 2007

�2������������������������� [Status Conference]

�3������������������������� [Open session]

�4������������������������� [The appellant entered court]

�5������������������������� --- Upon commencing at 7.58 a.m.

�6����������� JUDGE LUI:� Good morning, ladies and gentlemen.� First of all, may

�7��� I have the appearances, please.

�8����������� For the Prosecution first.

�9����������� MS. BRADY:� Good morning, Your Honour.� Helen Brady appearing on

10��� behalf of the Prosecution, with Nicole Lewis and our case manager,

11��� Ms. Lourdes Galicia.

12����������� JUDGE LUI:� Thank you very much.

13����������� And for the Defence.

14����������� MR. JOVANOVIC: [Interpretation] Good morning, Your Honour.� My

15��� name is Zoran Jovanovic, attorney-at-law, appearing on behalf of the

16��� accused, Dragan Zelenovic.� Thank you.

17����������� JUDGE LUI:� You may sit down, please.

18����������� Well, Mr. Zelenovic, can you follow the proceedings in a language

19��� that you could understand?

20����������� THE APPELLANT: [Interpretation] Yes.

21����������� JUDGE LUI:� Thank you.� If there's any problem, please let me

22��� know.� You may sit down now.

23����������� This is a Status Conference in accordance with the Rule 65 bis.

24��� The purposes of this Status Conference are to allow the appellant to

25��� express concerns relating to the appeal, detention conditions, and his

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�1��� health, and also to update the appellant with respect of the status of the

�2��� case.

�3��� ��������As for the proceeding of this case, the Defence filed a Defence

�4��� notice for leave to appeal the sentencing judgement on the 27th April

�5��� 2007.� In the Scheduling Order of 24th July 2007, the pre-appeal Judge

�6��� confirmed that this filing constitute the notice of appeal required under

�7��� Rule 108 of the Rules.� The Defence filed their Defence appeal of

�8��� sentencing judgement on 25 May 2007.� The Prosecution response brief was

�9��� filed confidentially on the 25th June 2007; the public version was filed

10��� on the 3rd July 2007.� The Defence reply to Prosecution response brief was

11��� filed on the 3rd July 2007; therefore, the pleadings are complete.

12����������� Of course there is still one pending motion, that is Prosecution's

13��� motion to strike portions of appellant's reply was filed confidentially on

14��� the 18th July 2007, and the Defence response to Prosecution's motion to

15��� strike portions of appellant's reply was filed confidentially on the 31st

16��� July 2007.

17����������� The decision concerning with this motion is being prepared and

18��� will be rendered in the due course.

19����������� Mrs. Brady, are there any matters that you would like to bring to

20��� the attention of me?

21����������� MS. BRADY:� No, nothing on behalf of the Prosecution, Your Honour.

22����������� JUDGE LUI:� Thank you very much.

23����������� Mr. Jovanovic, how about on your part?

24����������� MR. JOVANOVIC: [Interpretation] No, Your Honour, the Defence has

25��� no issues to address at this Status Conference.� As to the health status

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�1��� of the accused, Mr. Dragan Zelenovic, he is still not well, but these are

�2��� the health problems pointed out by the Defence previously and the

�3��� Detention Unit's physician submitted its own report during the

�4��� proceedings.� Therefore, there are no news regarding that and there are no

�5��� other issues on the part of the Defence at this moment.� Thank you.

�6����������� JUDGE LUI:� Well, what do you mean that his health is not so well

�7��� and -- has he been taken care of?

�8����������� MR. JOVANOVIC: [Interpretation] Yes, Your Honour.� During the

�9��� trial, the Defence was in permanent contact with the physician of the

10��� Detention Unit because of the health problems.� A report was produced by

11��� that physician introduced to the Trial Chamber and the problems mentioned

12��� in that report remain.� However, he has received appropriate care and we

13��� have no objections as to the care he has been receiving at the Detention

14 ���Unit.

15����������� JUDGE LUI:� Thank you very much.

16����������� Mr. Zelenovic, do you have anything to complain during your

17��� detention?

18����������� THE APPELLANT: [Interpretation] No, Your Honour.

19����������� JUDGE LUI:� How about your health?

20����������� THE APPELLANT: [Interpretation] Well, it is not well.� I am taking

21��� my medication and all, but it doesn't seem to be helping.� I'm still being

22��� taken to the Bronovo Hospital for testing.

23����������� JUDGE LUI:� Well, I believe that you have to take care by yourself

24��� during these, you know, proceedings and if there's any problems, please do

25��� not hesitate to let the doctors know about it.

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�1����������� THE APPELLANT: [Interpretation] Yes.

�2����������� JUDGE LUI:� Thank you very much.

�3����������� Well, at this stage it is too early to predict when we'll hold an

�4��� appeal hearing, but it will be held in the not-too-distant future.� In the

�5��� event the Appeals Chamber will inform the parties once it is sure of the

�6��� exact date.� Are there any other matters that the parties would like to

�7��� say at this moment?

�8����������� MS. BRADY:� No, Your Honour.

�9����������� JUDGE LUI:� Thank you.

10����������� MR. JOVANOVIC: [Interpretation] No, Your Honour.� Thank you.

11����������� JUDGE LUI:� Thank you very much.

12����������� Well, I believe that's all for this Status Conference and the

13��� hearing is adjourned.

14������������������������� --- Whereupon the Status Conference

15������������������������� adjourned at 8.06 a.m.

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