THE INTERNATIONAL CRIMINAL TRIBUNAL

FOR THE FORMER YUGOSLAVIA

PROSECUTOR

v.

MIROSLAV DERONJIC

IT-02-61-PT

 

PLEA AGREEMENT

Introduction

  1. This document constitutes the plea agreement (hereinafter "Agreement") between the accused, Miroslav Deronjic, through his counsel, Slobodan Cvijetic and Slobodan Zecevic, and the Office of the Prosecutor. The purpose of this Agreement is to set forth in its entirety the understanding of the parties as to the nature of the Agreement, the possible consequences of Mr. Deronjicís plea of guilty, and to assist the Trial Chamber in ensuring, pursuant to Rule 62 bis of the Tribunalís Rules of Procedure and Evidence (hereinafter "Rules" or "Rule"), that the plea is voluntary and informed and to set forth the Factual Basis for the crime and the accusedís participation in it.
  2. The terms of the Agreement are as follows:
Plea
  1. Miroslav Deronjic agrees to plead guilty to persecutions on political, racial and religious grounds, a Crime against Humanity (hereinafter "Persecutions"), punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal (hereinafter "Statute"), as alleged in the Second Amended Indictment.
  2. A written factual basis supporting the crime of Persecutions, punishable under Article 5(h) of the Statute and Miroslav Deronjiicís participation in it has been prepared and filed with the Trial Chamber (hereinafter "Factual Basis"). Miroslav Deronjiic has reviewed with his attorneys the Factual Basis. Miroslav Deronjic adopts the Factual Basis and agrees that he is pleading guilty to the charge of Persecutions contained in the Second Amended Indictment because he is in fact guilty and acknowledges full responsibility for his actions that are described therein.
Nature of the Offence
  1. Miroslav Deronjic understands that the Prosecution would have had to prove each of the following elements beyond a reasonable doubt for him to be found guilty of Persecutions:
    1. the existence of an armed conflict;
    2. the existence of a widespread or systematic attack directed against a civilian population;
    3. the accusedís conduct was related to the widespread or systematic attack directed against a civilian population;
    4. the accused had knowledge of the wider context in which his conduct occurred;
    5. the accused committed acts or omissions against a victim or victim population violating a basic or fundamental human right;
    6. the accused intended to commit the violation;
    7. the accusedís conduct was committed on political, racial or religious grounds; and
    8. the accusedís conduct was committed with a conscious intent to discriminate.

Penalty and Sentencing

  1. Miroslav Deronjiic understands that the maximum sentence that can be imposed by the Trial Chamber for a guilty plea to the charge of Persecutions contained in the Second Amended Indictment is a term of imprisonment for a term up to and including the remainder of the convicted personís life as described in Rule 101(A).
  2. Miroslav Deronjiic understands that the Trial Chamber shall not be bound by any agreement specified in Rule 62 ter (A) of the Tribunalís Rules of Procedure and Evidence.
  3. In determining the sentence, the Trial Chamber shall, pursuant to Article 24(2) of the Statute, take into consideration such factors as the gravity of the offence and the individual circumstances of the convicted person as well those factors described in Rule 101(B): any aggravating circumstances; any mitigating circumstances including the substantial co-operation with the Prosecutor before or after conviction; the general practice regarding prison sentences in the courts of the former Yugoslavia.
  4. Based on all of the factors and considerations mentioned in the preceding paragraph, the Defence will recommend to the Trial Chamber that it impose a term of imprisonment of no more than six years.
  5. Pursuant to Rule 101(C), Miroslav Deronjic shall be given credit for the period during which he was detained in custody pending the imposition of sentence by the Trial Chamber.
Consideration by the Prosecutor
  1. In exchange for Miroslav Deronjicís plea of guilty to the charge of Persecutions contained in Second Amended Indictment, the Prosecutor agrees to the following:

    1. based on Miroslav Deronjicís full and substantial co-operation with the Office of the Prosecutor, the Prosecutor will recommend to the Trial Chamber that it impose a term of 10 years imprisonment. Miroslav Deronjic understands that the Trial Chamber is not bound to accept the Prosecutorís recommendation and may impose a sentence above or below the Prosecutorís recommended sentence. The imposition of such a sentence will not vitiate the plea of guilty;
    2. the Prosecutor will take necessary and reasonable steps to ensure the safety and protection of Miroslav Deronjic and members of his family;
    3. Miroslav Deronjicís guilty plea represents a full accounting of his criminal behaviour for the 9 May 1992 events in the village of Glogova;
    4. the Prosecutor will advise any national domestic court regarding Miroslav Deronjicís culpability for any further crimes alleged in respect of the 9 May 1992 events in the village of Glogova as described in the Factual Basis and in the Second Amended Indictment that they have been dealt with by way of the sentence provided by the Trial Chamber;
    5. that the Prosecutor will advise any national domestic court regarding Miroslav Deronjicís criminal conduct in respect of the 9 May 1992 events in the village of Glogova as described in the Factual Basis and in the Second Amended Indictment that the Tribunalís Office of the Prosecutor has primacy over the prosecution of that crime;
    6. no other promises or inducements have been made by the Prosecutor to induce Miroslav Deronjic to enter this Agreement.

Co-operation by Miroslav Deronjic

  1. Miroslav Deronjic agrees to meet as often as necessary with members of the Office of the Prosecutor and to co-operate with and provide them with truthful and complete information that is known to him regarding individuals and events in the former Yugoslavia. He agrees to be truthful and candid and to freely answer all questions put to him by members of the Office of the Prosecutor. Miroslav Deronjic agrees to testify truthfully in any trials, hearings, and proceedings before the Tribunal where the Prosecutor deems his evidence may be relevant, whether those matters are presently before the Tribunal or may be in the future.
Waiver of Rights
  1. By pleading guilty, Miroslav Deronjic understands that he will be waiving the following rights in these proceedings:

    1. The right to plead not guilty and require the Prosecution to prove the charges in the Indictment beyond a reasonable doubt at a public trial;
    2. the right to prepare and put forward a defence to the charges at such public trial;
    3. the right to be tried without undue delay;
    4. the right to be tried in his presence, and to defend himself in person at trial or through legal assistance of his own choosing at trial;
    5. the right to examine at his trial, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf at a trial under the same conditions as witnesses against him; and
    6. the right not to be compelled to testify against himself.

It is understood that by pleading guilty, the accused does not waive his right to be represented by counsel at all stages of the proceedings.

Declaration of Miroslav Deronjic

  1. I, Miroslav Deronjic, have read this plea agreement, which sets forth in its entirety the understanding of the parties, and have carefully reviewed every part of it with my attorneys, Slobodan Cvijetic, Slobodan Zecevic, and Catherine Baen. My attorneys have advised me of my rights, of possible defences, and of the consequences of entering into the Agreement. No promises or inducements have been made to me, other than those contained in this Agreement. Furthermore, no one has threatened me or forced me in any way to enter into this agreement and I have entered into this agreement freely and voluntarily and am of sound mind. I understand the terms of this agreement and I voluntarily agree to each of the terms.

Dated this 29th day of September 2003

_________________

Miroslav Deronjic

Declaration of Counsel

  1. We, Slobodan Cvijetic and Slobodan Zecevic are counsel for Miroslav Deronjic. We have carefully reviewed every part of this Agreement with our client. Further, we have fully advised our client of his rights, of possible defences, of the maximum sentence and the consequences of entering into this Agreement. To our knowledge, our client is of sound mind and his decision is an informed and voluntary one.

Dated this 29th day of September 2003

Slobodan Cvijetic
Counsel for Miroslav Deronjic
_______________

Slobodan Zecevic
Counsel for Miroslav Deronjic
_____________

Other Agreements

  1. Except as expressly set forth in this Agreement, there are no additional promises, understanding or agreements between the Office of the Prosecutor and Miroslav Deronjic or his counsel, Slobodan Cvijetic and Slobodan Zecevic.
Miroslav Deronjic
_____________
Carla Del Ponte
Prosecutor
____________
Slobodan Cvijetic
Counsel for Miroslav Deronjic
_____________
Mark B. Harmon
Senior Trial Attorney
_____________
Slobodan Zecevic
Counsel for Miroslav Deronjic
_____________
Camille Bibles
Trial Attorney
_____________

Dated this 29th day of September 2003

The Hague
The Netherlands