YouSaid · the spoken record

Judge Pocar

lines on the record: 162
first: 2005-12-15
most recent: 2008-06-04
sittings or episodes: 6
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“Turning now to address in more detail the Tribunal's proactive approach to implementation of the completion strategy, I will elaborate on the progressive measures taken by the Tribunal towards its achievement during the reporting period. First, the Tribunal has taken further steps in the past six months to increase the efficiency of its trials and appeals. It has fully embraced the changes advocated by the working groups on speeding up appeals and on speeding up trials, and has consequently seen marked improvement in appeal and trial efficiency. The beneficial results of the policy of the Tribunal are demonstrated by the control being exercised by the Trial Chambers in the cases of Milutinovic and Prlic.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I note in particular that, in July 2006, Trial Chamber II joined the Gotovina case with the Cermak and Markac cases, which was affirmed on appeal. Similarly, the Appeals Chamber continued to function at full capacity, issuing 170 written decisions, including 20 interlocutory appeals, three referral decisions, 131 pro-appeal decisions, one contempt decision and 12 review, reconsideration or other decisions both from the ICTY and from the International Criminal Tribunal for Rwanda (ICTR). In July 2006, final judgement was rendered in the Ntagerara and Gacambitsi cases. The Appeals Chamber also delivered final judgments in the Simic and Galic cases in November. Additionally, as a result of efficient pro-appeal management, the appeal pending in the case of Strugar was withdrawn by both parties, owing to Strugar's age and health conditions.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Those matters aside, I would now like to continue by providing the Council with an overview of the achievements of the Trial and Appeals Chambers to date. Over the past six months, the three Trial Chambers continued to hear six trials simultaneously and managed 17 cases in the pre-trial stage. The Trial Chambers rendered judgements in the Oric case on 30 June 2006 and in the Krajisnik case on 27 September, and are expected to issue judgements in the Mrksic and Martic cases early next year. In addition, the Trial Chambers rendered judgement in the Jovic contempt proceeding on 30 August 2006. Alongside that unparalleled caseload, the Trial Chambers were actively involved in preparing new cases for trial.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Seselj ceased his refusal to take food or medicine and that, since his recovery in a Dutch hospital facility, he has been returned to the Detention Unit. Mr. Seselj's decision to resume taking food and medicine was linked to decisions issued by the Registry and the Appeals Chamber, which addressed some of his demands. I wish to stress that, at all times during Mr. Segelj's refusal, the Tribunal had all procedural guarantees at its disposal for appropriately handling the situation, and they functioned well. Certainly, the situation posed a difficult challenge for the Tribunal, but it was successfully resolved without sacrificing the integrity of the Tribunal's Rules of Procedure and Evidence.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Furthermore, the Trial Chamber issued an order suspending proceedings in his case and also ordered the Dutch authorities to take all necessary action in accordance with internationally recognized standards to preserve his life. During this time, the Tribunal kept the international community - in particular the members of the Security Council, through their embassies in The Hague - fully apprised of developments in an open and transparent manner through meetings, press statements and a diplomatic seminar. I also personally sent written correspondence to the diplomatic community, including the President of the Security Council and the Secretary-General. I am pleased to report that on Friday, 8 December 2006, Mr.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Seselj had been refusing to take food and medicine since 11 November 2006 and had refused to be medically assessed by the United Nations detention doctor since that time. As President of the Tribunal, I kept a close watch on the situation and, in the light of Mr. Seselj's refusal to be medically assessed by the doctor of the United Nations Detention Unit, I ordered the transfer of Mr. Seselj to the Dutch penitentiary hospital, where there were better facilities to deal with any medical emergency that might have arisen. During the period in which Mr. Seselj maintained his refusal, the Tribunal consulted with the International Committee of the Red Cross and arranged for three doctors of Serbian, Russian and French nationality, selected by Mr. Seselj himself, to visit him in the penitentiary hospital.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“In that respect, I have pushed for a policy of expedited transfer of convicted accused to States where they are to serve their sentences. That is not only a matter of improving conditions within the Detention Unit; it is also a matter of upholding human rights norms in keeping the convicted separated from the accused while in detention. To that end, during the reporting period, four convicted were transferred to Austria, Italy and Denmark upon the closing of their cases. Before providing the Council with an overview of the judicial activity of the Tribunal during the reporting period, I would like to make a few brief remarks about the resolution of the situation with respect to the accused Vojislav Seselj. As members are aware, Mr.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“On the issue of the detention of our accused, I am also pleased to advise the Security Council that our working group, established for the purpose of implementing the recommendations of the Swedish audit of our Detention Unit, completed its report on 4 October 2006. A public version of that report was made available to States Members of the United Nations on 29 November 2006. The working group reiterated the findings of the Swedish authorities that the conditions of the Detention Unit are of the very highest standards and concluded that the majority of recommendations made by the Swedish authorities were both reasonable and feasible. Some of those proposals have already been implemented by the Detention Unit management, and others are currently being addressed.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“That has been possible because of the flexibility and dedication of the judges of the Tribunal, as well as the cooperation of the parties and the Registry. The efforts made to run seven trials simultaneously are direct proof that the Tribunal is working harder than ever to ensure that proceedings against the accused will be completed as soon as possible. However, I must emphasize that, for the Tribunal, efficient completion of all trials is not only a matter of meeting completion strategy target dates; it is also a matter of respecting fundamental human rights norms. Because of the increased pace of proceedings before the Tribunal, the rights of the accused to be tried expeditiously, and not to be held in pre-trial detention for unduly lengthy periods of time, are more effectively respected.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“At the current rate of the Tribunal's progress, and barring any unforeseen difficulties, all trials of accused in the custody of the Tribunal are now scheduled to be completed no later than 2009. Furthermore, the Tribunal expects that all appellate work can be concluded within two years of the end of trials. I stress, however, that the Tribunal is not content to rest with those dates. It is constantly looking for new, creative ways to complete trials even earlier than planned, while upholding due process norms. In that regard, it is with pleasure that I inform members that 06-66373 we have been able to reorganize the judicial workload and allocate Tribunal resources to exceptionally allow for the commencement of a seventh trial, on 10 January 2007, against Dragomir Milosevic.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Furthermore, in the past six months, the Appeals Chamber brought eight proceedings involving 11 accused to a close, marking the most productive year in the history of the Appeals Chamber. In the first quarter of 2007, the Tribunal will finish trials against four accused and close proceedings against five accused on appeal. The Tribunal's commendable efforts during the reporting period are evidenced by its ever-diminishing caseload. To date, cases against 100 accused, out of a total of 161 indicted, have been closed. While proceedings against 61 accused remain to be completed, out of that number, 13 have already been tried and are at the appeals stage, 24 are currently on trial, only 14 are in the pre-trial stage, four are pending rule 11 bis motions for referral, and the remaining six accused are still at large.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“By way of preliminary remarks, I note that, as the Council is well aware, the Tribunal has emerged in the past six months from a period wherein it faced extreme difficulties that required rapid response and adjustment to change. In spite of this fact, the Tribunal achieved one of the most, if not the most, productive periods in its history. In July 2006, as a result of significant reorganization of the Trial Chambers and efficient pre-trial management, the Tribunal commenced its remaining two trials of multi-accused six months ahead of schedule, namely Milutinovie et al. and Popovic' et al. Consequently, at one point during the reporting period, the Trial Chambers were able to try an unprecedented number of 25 accused in six trials simultaneously.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“President, for your country's ongoing commitment to the Tribunal's work in contributing to the maintenance of international peace and justice through the prosecution of those most responsible for serious violations of international humanitarian law in the former Yugoslavia. Mr. President, I recall with appreciation your country's statement before the Security Council this past June, which supported my call for the international community to provide immediate assistance in arresting our six remaining high-ranking fugitives. Qatar also stressed the importance of all Member States of the United Nations to continue meeting their obligation to enhance the work of Tribunal, which is especially crucial at this stage in the Tribunal's history, and for that, I thank you, Mr. President.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Judge Pocar: It is a distinct honour to appear before the Security Council for the purpose of presenting the sixth report of the President of the International Criminal Tribunal for the Former Yugoslavia in accordance with Security Council resolution 1534 (2004). This report outlines the progress made by the Tribunal in achieving the objectives of the completion strategy from June to November 2006. It also describes the remaining steps to be taken and the ongoing challenges faced in this regard. It is my intention today to provide the Council with an overview of the key aspects of the report and to update members on further achievements made by the Tribunal since the submission of the report. Before doing so, however, allow me to express my gratitude to you, Mr.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I wish to reiterate that the Tribunal remains fully completed to the completion strategy as it conducts trials that fully meet the requirements of due process. Let me also briefly stress another issue that has been raised by several members of the Security Council: the transfer of cases to domestic courts and improving the capacity of domestic courts. The Tribunal remains fully committed to working together with domestic courts to improve their judicial capacities both to make the referral process effective and to ensure that the rule of law is carried out at the local level when the Tribunal closes, hopefully after having fully accomplished its mission within the deadlines established by the Security Council or by us.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Babic, whose trial and appeal had been completed but who had been called back to give testimony in another case before the Tribunal. I believe that that concern was reflected in the report; it is also reflected in the conclusions of Judge Parker's report and in the measures that I myself and the Tribunal have taken in that respect. I wish to assure the Security Council that the recommendations made by the independent audit conducted by Swedish experts and the recommendations contained in Judge Parker's report will be fully and speedily implemented in the near future, as will all the measures that we have adopted - and those that we will perhaps adopt in the future - to speed up the trials.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Primarily, it is a matter of due process and respect for human rights, including those of the accused awaiting trial. The process of speeding up trials has been a constant preoccupation of the Tribunal, and the measures that we are now adopting were considered in the past, in particular last year, when the working group of Judge Bonomy was set up, long before the events that unfortunately occurred last month. But there is no doubt that the process of revising rules and adopting measures has been accelerated by those events. In that connection, let me say that I fully understand and share the concern expressed with regard to the death of two persons in the detention centre: Mr. Milosevic, whose trial had not been completed, and Mr.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Judge Pocar: I would like first to express my gratitude, and the gratitude of the Tribunal, to you, Madam President, and to all the members of the Security Council, for their comments and for the issues raised during the debate. I would like, in particular, to thank members for the support that they have shown for the work of the Tribunal and for its efforts in adopting measures to meet the deadlines of the completion strategy. We will take duly into account all the comments and suggestions that have been made with a view to improving our performance and to speeding up the slow pace of trials that has been noted in the past. In that context, I would like to observe that the speeding up of trials is not just a matter that concerns the completion strategy.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“I would stress that, as demonstrated by the concrete measures taken during this reporting period, the Tribunal is absolutely committed to doing everything in its power to meet its obligations under the completion strategy while upholding the norms of due process. In looking to the future, the International Tribunal will make every effort to develop additional tools to improve the efficiency of its trial and appeals proceedings. In addition, the Tribunal will intensify its ongoing efforts to contribute towards building judicial capacity in the former Yugoslavia. The effective continuation of the International Tribunal's historic work by national jurisdictions in the region will be a key component of the Tribunal's legacy.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“As in my last report to the Council, I can confirm that trials will indeed run into 2009 and reiterate that the estimate of all trials finishing by that date may hold, provided that the multi-accused trials run smoothly; that the cases referred to the former Yugoslavia are not deferred back to the International Tribunal; that the new amendment to rule 73 bis is effectively implemented such that indictments are more focussed; and that, of course, the six remaining high-level fugitives are transferred to the jurisdiction of the Tribunal very soon. In conclusion, notwithstanding the challenges encountered in these last six months, the International Tribunal pressed on full speed with its work, resulting in a productive period in the International Tribunal's history.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Primarily, the assistance of all States, and specifically those in the region, is needed for bringing the six remaining high- level accused, in particular Karadzic and Mladic, to the Tribunal's jurisdiction without delay. Additionally, I take note of the fact that Lukic was transferred from Argentina last February and that Zelenovic has not been transferred so far. The final topic that I wish to bring to the attention of the members of the Council is an update on the prognosis for the Tribunal's implementation of the completion strategy.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“I wish to note also that, for those referrals to the Bosnia and Herzegovina State Court to be successful, it is imperative that sufficient resources, including detention facilities meeting international standards, be made available to the Court. If that Court does not receive the support needed to conduct fair trials, the international community faces the possibility that referred cases may have to be deferred back to the International Tribunal under rule 11 bis. Turning to my next topic, the cooperation of States with the International Tribunal, I would emphasize that the success of the Tribunal in completing its mandate within completion-strategy dates hinges upon such cooperation.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“My next topic detailed in the report concerns the referral of cases of intermediate- and lower-ranking accused from the Tribunal to competent national jurisdictions pursuant to rule 11 bis. To date, six accused have been referred to the Special War Crimes Chamber of Bosnia and Herzegovina, and two accused have been referred to Croatia for trial before its domestic courts. If all the pending motions are successfully referred, 10 cases involving 16 accused will have been removed from the Tribunal's docket. However, no other cases are earmarked for referral, as they do not involve intermediate- or lower- level accused.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“The next topic I wish to raise briefly concerns the Tribunal's ad litem judges, who have continued to be an invaluable asset for realizing the objectives of the completion strategy. During the reporting period, five new ad litem judges, including one reserve judge, were assigned to two cases. In this connection, let me express again my extreme gratitude to the Council for having adopted resolution 1660 (2006) in February this year, which amended our Statute to allow for the assignment of ad litem reserve judges. The presence of reserve judges will obviate the need to restart the large, multi-accused trials should one or more of the judges on the bench be unable to continue sitting on a case.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“They are obliging the defence to submit, in a timely manner, a focused pretrial brief and disclosure of expert testimony in order to identify points of agreement and disagreement between the parties, and they are making greater use of the power to sanction a party for failure to comply with disclosure obligations. Additionally, Trial Chambers are ensuring increased efficiency of the trial proceedings by shortening the prosecution's case, by determining the number of witnesses the prosecution may call, limiting the time available for the presentation of evidence, and fixing the number of crime sites or incidents charged. They are making greater use of written witness statements in lieu of examination-in-chief and exercising greater control over the cross-examination of witnesses.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Additionally, substantial steps are being taken by pretrial judges to more proactively manage pretrial proceedings. In that way they can focus proceedings, ensure trial readiness and shorten trials. I cannot mention all the measures, but I would like to highlight some of them. Specifically, pretrial judges are establishing work plans of the parties' obligations at trial, with strict timetables for presenting their cases and ensuring strict implementation of such work plans. They are also requiring the prosecution to, at an earlier stage, specify its trial strategy, submit a focussed pretrial brief, and produce the final statements of all prosecution witnesses to be called at trial.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Under this amendment, Trial Chambers now have the explicit ability, at the pretrial stage, to invite the prosecution to reduce the number of counts charged or to direct the prosecution to select the counts on which the trial should proceed. The basis for that amendment is the statutory responsibility of a Trial Chamber to manage the trial with respect for an accused's right to a fair and expeditious trial and the right of those in pretrial detention to be tried within a reasonable period of time. It also follows a practice common in national jurisdictions of avoiding overloaded indictments to protect the integrity of the proceedings. At the same time, the amendment respects prosecutorial independence in bringing indictments before the Tribunal and seeks the prosecution's cooperation in shortening trials through focused indictments.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“In that way, the pretrial judge and the pretrial staff already familiar with the case will also serve on the trial, and thus facilitate more efficient proceedings. Secondly, on 30 May, after the submission of the report, I convened a second plenary meeting of the judges of the Tribunal, which adopted an amendment to rule 73 bis of the Rules with regard to indictments. The judges have been increasingly aware that the length of trials starts with the complexity and breadth of the indictments, which lead to a lengthy presentation of the parties' cases. Previous efforts by the judges to change that pleading practice have been largely unsuccessful.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“The working group on speeding up trials, which is chaired by Judge Bonomy with the assistance of Judges Hanoteau and Swart, issued its final report in February 2006 and made specific recommendations to enhance the efficiency of pretrial and trial proceedings by shifting from a party-driven process to one that is closely managed by the Tribunal judges. Following an open dialogue on the report, the judges met in an informal plenary meeting in April and adopted specific measures, which are having a fundamental impact on the efficiency of the Tribunal's trials. First, a policy has been put into place whereby at the earliest possible stage all pretrial cases are transferred to the Trial Chamber that will hear the trial.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Judge Parker's internal inquiry could not be completed until receipt of that extensive report by Dutch authorities. At present the Dutch report is being translated into English, and it has become evident that some aspects require follow-up investigations by Judge Parker. He has informed me that those investigations will be concluded in a few days and that his report will follow soon thereafter. At that time copies of Judge Parker's report will be forwarded directly to members of the Council. Those matters aside, let me now address my first topic, regarding the completion strategy and the concrete measures taken by the Tribunal towards its implementation during the reporting period.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Finally, Judge Parker's report makes a number of recommendations and emphasizes that in future close attention must be paid to the experience of the Milosevic case in making arrangements for accused to represent themselves, so as not to compromise security in the Detention Unit. Specifically, there should be provision of special training for inspection of materials brought into the Unit by privileged visitors. On 2 June I ordered that the working group implementing the recommendations of the Swedish audit also follow up on Judge Parker's report. With regard to Mr. Babic, Dutch authorities completed their final, confidential report on the results of their inquest into his death under Dutch law at the end of May. The report confirms that the cause of death was suicide and that there was no evidence of criminal conduct.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Judge Parker's report further concludes that the circumstances suggest that non-prescribed medications were smuggled into the Detention Unit during privileged visitations to Mr. Milosevic. Unique arrangements were made available to the accused by order of the Trial Chamber in September 2003 for privileged communications with legal associates and witnesses in order to allow him to effectively conduct his own defence. Mr. Milosevic therefore had a private room with a telephone, computer and facsimile machine. Those arrangements led to security deficiencies in the Detention Unit. Where abuses were discovered, the Tribunal endeavoured to take appropriate action while still upholding Mr. Milosevic's rights. The measures taken reduced, but did not eliminate, the capacity for misuse of the privileged room.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Milosevic's serious health problems were complicated by the fact that he insisted on representing himself, against repeated medical advice. In an effort to afford Mr. Milosevic the right of self-representation while not jeopardizing his health, the Trial Chamber progressively reduced his trial schedule and often adjourned the trial pursuant to medical advice. Mr. Milosevic's health was also complicated by his refusal to comply with the treatment prescribed by his doctors. On a number of occasions, he refused to be tested or hospitalized. In addition, Mr. Milosevic failed to take some prescribed medications, varied the prescribed dosages and self-medicated with non- prescribed medications, such as rifampicin, at times disrupting the effectiveness of prescribed medications.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“While the team of Swedish experts was generally satisfied with the overall operation of the Detention Unit they made specific recommendations to improve the conditions of detention, as well as the management structure of the Detention Unit. In response, the International Tribunal established a working group comprised of representatives from Chambers, the Registry and the Detention Unit itself, to follow up on those recommendations. Thirdly, on 30 May, after the submission of the report, Judge Kevin Parker, whom I appointed to lead an internal inquiry into the death of Mr. Milosevic, submitted his report. The report concludes that there was proper provision of medical care to Mr. Milosevic while he was being held at the Detention Unit both by the Detention Unit's medical doctor and by independent cardiologists and specialists. Mr.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Furthermore, other international criminal tribunals are now benefiting from the International Tribunal's jurisprudence and experience. I shall new update the Security Council about the latest developments following the deaths of Milan Babic and Slobodan Milosevic since my video-link conference with the Council on 31 March 2006. First, with respect to Mr. Milosevic, on 5 April Dutch authorities finalized their confidential report on their inquest into his death under Dutch law. The report confirms that Mr. Milosevic died of natural causes, in particular of a heart infarction, and rules out any suggestion of suicide or criminal conduct such as poisoning. Secondly, on 15 May, the report on the general audit of the United Nations Detention Unit by Swedish authorities, which I authorized, was made public.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Notably, the first of the multi-accused trials began in April 2006, involving six accused, and the other two multi-accused trials, involving a total of 15 accused, are on track to start in July 2006. Similarly, the Appeals Chamber has continued working at full speed and disposed of 127 appeals both from this Tribunal and the International Criminal Tribunal for Rwanda (ICTR), including three final judgements. In July, two more judgements will be issued and another two are expected in the fall. To date, 161 persons have been charged by the International Tribunal and proceedings against 94 accused have concluded. In addition, the Appeals Chamber of the International Tribunal has concluded 12 ICTR cases and proceedings, involving 16 accused.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“We have also benefited from the experienced and dedicated service of one of your citizens as an ad litem judge at the International Tribunal. Allow me to begin with a brief overview of the judicial work of Chambers. In the reporting period, the Trial Chambers continued to function at maximum capacity and heard six trials simultaneously, while managing 22 cases in the pretrial stage. In addition, Chambers proceeded with four contempt trials involving six accused and one guilty plea. Almost 200 pretrial decisions were issued and three judgements rendered. Following the termination of the Milosevic trial, I reorganized the Trial Chambers to fully engage the judges of that Chamber in new judicial work and to allow for the commencement of the three multi- accused trials involving 21 accused several months earlier than originally planned.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Judge Pocar: It is a privilege to appear once again before the Security Council as President of the International Criminal Tribunal for the Former Yugoslavia. This is the fifth report of the President of the Tribunal pursuant to Security Council resolution 1534 (2004). It explains the concrete measures taken, as well as the challenges faced by the Tribunal from December 2005 to May 2006 in its efforts to meet the objectives of the completion strategy. I will also update the Council on new developments that have taken place since its submission. It is a special honour to address the Security Council during your presidency, Madam. On behalf of the Tribunal, I sincerely thank you for the strong support your country has demonstrated for our work over the years.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“I assure them that their views and suggestions, as well as the concerns that they have expressed in relation to the completion strategy, will be taken into account by the judges in their future activities. I wish to stress in particular that I noted the encouragement to continue to improve our efforts to strengthen the capacity of the local judiciary. We will certainly do so, because I am convinced that that is not only essential if we are to comply with the completion strategy, but also essential in carrying out the reconciliation process through justice in the region. When the Tribunal is closed, it is essential that the local judiciary have full capacity to apply the rule of law in the countries concerned. I thank Council members once again for their attention.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Judge Pocar: Thank you, Mr. President, for giving me the floor despite the lateness of the hour. I would just like to say a few words. First, I wish to express my deep gratitude to you and to the other members of the Council for the kind words addressed to me as the new President of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and for their statements of appreciation for the activities of my predecessor, which I shall convey to Judge Meron. I am also most grateful to Council members for the attention they have given to my report today, for the support they have shown for our work and for their valuable and interesting comments.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Because of the existence of the Tribunal, victims of genocide, war crimes and crimes against humanity have been vindicated as the perpetrators have been brought to justice. Simultaneously, it has been demonstrated to the world that it is possible to have international criminal justice that respects fundamental norms of due process. In conclusion, allow me to emphasize once again that it is crucial that the Tribunal not close its doors until all remaining fugitives are tried. The Tribunal must complete its mandate in order to preserve its fundamental message and legacy: that the international community will not tolerate genocide, war crimes and crimes against humanity and will not allow them to go unpunished. I thank the members of the Council for the attention and time they have given me today.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“In any event, I can assure the members of the Security Council that the Tribunal remains fully committed to its completion strategy and that it will continue to do everything in its power to discharge its mandate as efficiently as possible. I trust that the achievements and progress of the Tribunal summarized in the written report are evidence of our absolute commitment to search for every possible way in which to maximize the efficiency and efficacy of the Tribunal without, of course, sacrificing due process norms. Again, I thank the members of the Council for the ready support provided to the Tribunal for this endeavour. In establishing the Tribunal, the Council took an historic decision to restore international peace and security through the vehicle of international justice.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“In conclusion, I can predict that if the remaining fugitives are apprehended soon, if the cases of multiple accused run smoothly and if all of the remaining Rule 11 bis motions are referred without any cases being referred back to the Tribunal, there is still a possibility that trials will be completed in 2009. That assessment may, however, be affected by other variables. For example, unforeseen issues causing delay may arise, including ill health on the part of the accused, a change of counsel during the proceedings, the loss of experienced and talented staff and an increase in the number of contempt cases. On the other hand, some factors may help to accelerate the proceedings, such as the entry of new guilty pleas and the possible construction of a fourth courtroom.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“One motion was denied by the referral bench, one motion was withdrawn by the prosecution, and the Prosecutor has indicated that he will soon withdraw yet another. Consequently, five accused originally proffered by the prosecution will not be referred. If all of the remaining cases in which there are pending 11 bis motions are successfully referred, a total of 11 accused - or 10 additional cases - will be removed from the Tribunal's docket, and that will certainly accelerate the Tribunal's work. However, as I outlined in my report, upon referral of a case, the Tribunal may still be called upon to take back those cases in which an accused has not been afforded a fair trial in the State to which he or she has been referred.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“We have explored all possible options for avoiding such a retrial, and the alternative solution that we devised would be to appoint a fourth, reserve or standby Judge to new trials of multiple accused. That Judge would hear the case from start to finish and would be able to step in for the two original Judges who were no longer able to sit. I bring this to the Council's attention because such an appointment would require the approval and support of the Security Council. I now turn to a third factor that may affect the completion strategy. Although the Tribunal has now successfully referred three cases, involving four accused, to the former Yugoslavia under Rule 11 bis, not all Rule 11 bis motions have been granted.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Consequently, it is possible that, for any number of reasons, judges originally assigned to a case may be unable to complete the proceedings. The Judges of the Tribunal have already made a controversial amendment to the Rules to allow for the replacement of one of the original three Judges, so that the trial can continue. That rule was applied in the Milosevic proceedings and in two other cases. However, if a situation were to arise in which two of the original Judges in a case would need to be replaced, that would mean, under our Rules, that the trial would have to restart. The Judges of the Tribunal firmly agreed, in a plenary held just 10 days ago, that the interests of justice cannot be served by allowing a trial to be completed by a bench of Judges the majority of whom have not heard the entire proceedings.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“I must also emphasize that the impact that the joinder of cases will have on the efficiency of trials at the Tribunal remains untested. They may actually result in some delay if, for example, the entire trial must be stopped due to the illness of one or more of the accused. I can assure the Council that all efforts are being made by the pre-trial judges assigned to those cases to avoid any delay by making proper pre-trial preparations. I must flag for the Council a very important issue related to the trials of multiple accused that is not found in my written report. I shall raise it now because the first of those trials is to begin in February 2006. While those trials of multiple accused should save much time overall, it is obvious that they will run longer than a regular trial due to their size and complexity.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“If those fugitives are arrested in the near future, the completion of all trials at the close of 2009 remains feasible. However, the longer their arrival is delayed, the greater the likelihood that trials will continue longer. Secondly, the Tribunal has forged ahead with the joinder of cases into single trials of multiple accused as a measure for saving the time it would take to try each case individually. At present, three trials of multiple accused are in the pre-trial stage, involving a total of 20 accused and consolidating 14 cases. However, of the three joinder motions filed by the Prosecution during the reporting period, only two have been granted, and the Prosecution has not appealed the rejected motion.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“The final topic that I raise before the Council is the prognosis for the Tribunal's implementation of the completion strategy. In May 2005, my predecessor stated that it was definitely no longer feasible to envisage an end of all trial activity at the Tribunal by the end of 2008. That was due to the large number of indictees and fugitives who had arrived at the Tribunal since the previous report, as well as the filing and the confirmation of seven new or amended indictments by the Prosecution involving 13 accused. Judge Meron predicted that trials would have to run into 2009. Six months later, I can only confirm that prediction. Whether the growing number of trials will conclude by the end of 2009 depends upon the following factors. First, of primary importance is the trial of Karadzic and Mladic.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“The third fugitive, Sredoje Lukic, was transferred to the Tribunal's custody in September from Republika Srpska, after being at large for nearly seven years. Finally, as I said earlier, Gotovina was transferred to the Tribunal on 10 December, after evading arrest over the past four years. Those most recent arrests demonstrate that the Tribunal remains dependent upon the cooperation of all Member States, in addition to the cooperation of States in the Balkans, for completion of its mandate. While recognizing the important efforts made by Member States so far, I urge them to provide full cooperation in order to apprehend the remaining six fugitives. Among them, Mladic and Karadzic remain the most notorious. The Tribunal simply cannot close its doors until they have been brought to justice.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source