Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Monday, 25 July 2011

 2                           [Initial Appearance]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 4.01 p.m.

 6             JUDGE KWON:  Good afternoon, everyone.

 7             Would the Registrar please call the case.

 8             THE REGISTRAR:  Good afternoon, Your Honour.  This is case number

 9     IT-04-75-I, the Prosecutor versus Goran Hadzic.

10             JUDGE KWON:  Thank you.

11             Mr. Hadzic, could I first check that you are following the

12     proceedings in a language that you understand?

13             THE ACCUSED: [Interpretation] Yes.

14             JUDGE KWON:  If at any moment you are not receiving

15     interpretation, please let us know immediately.

16             For record we need your vocal response, Mr. Hadzic.

17             THE ACCUSED: [Interpretation] Very well.  I understand.

18             JUDGE KWON:  Very well.

19             Then could I have the appearances.  For the Prosecution, please.

20             MR. BRAMMERTZ:  Good afternoon, Your Honour.  Serge Brammertz for

21     the Prosecution, together with Ken Scott and Aixa Jahnsen Lecca.

22             JUDGE KWON:  Thank you, Mr. Prosecutor.

23             For the Defence, please.

24             MR. PETROVIC: [Interpretation] Good afternoon, Your Honour.

25     Vladimir Petrovic, attorney-at-law, as duty counsel for Mr. Hadzic.

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 1             JUDGE KWON:  Good afternoon, Mr. Petrovic, to you.

 2             Mr. Hadzic, would you please state your full name for the record.

 3             THE ACCUSED: [Interpretation] My name is Goran Hadzic.

 4             JUDGE KWON:  What is the date and place of your birth, please?

 5             THE ACCUSED: [Interpretation] 7 September 1958.

 6             JUDGE KWON:  And your birthplace?

 7             THE ACCUSED: [Interpretation] Vinkovci.

 8             JUDGE KWON:  Thank you.

 9             I'm Judge O-Gon Kwon from South Korea.

10             Mr. Hadzic, I understand that your family and the embassy of the

11     country of which you are a national, i.e., Serbia, have been informed

12     about your transfer to, and detention in, the United Nations Detention

13     Unit of the Tribunal in Scheveningen, The Hague.  Could you confirm that

14     my understanding is correct?

15             THE ACCUSED: [Interpretation] Your understanding is correct.  I

16     can confirm that.

17             JUDGE KWON:  Thank you, Mr. Hadzic.

18             This is the initial appearance of Mr. Goran Hadzic upon his

19     transfer to the Tribunal.  The hearing is to be conducted in accordance

20     with Rule 62 of the Rules of Procedure and Evidence of the Tribunal.  The

21     original indictment against the accused was confirmed on 4th of July,

22     2004, and made public on 16th July 2004.  The indictment has since been

23     amended and the now-operative indictment was filed on 22nd July 2011.

24             On 21st of July, 2011, I, as the Acting President, assigned this

25     case to Trial Chamber II, composed of Judges Delvoie, Hall, and Mindua.

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 1     It is my understanding that that Chamber has decided that

 2     Judge Guy Delvoie from the Kingdom of Belgium will preside over the case;

 3     however, because of the judicial recess, I have assigned myself for the

 4     purpose of this initial appearance.

 5             Before we move further, I would like to inform you, Mr. Hadzic,

 6     that you have a fundamental right to remain silent throughout these

 7     proceedings and it will not be held against you.  Is this understood?

 8             THE ACCUSED: [Interpretation] I understand.

 9             JUDGE KWON:  Thank you.

10             Further, Articles 20 and 21 of the Statute of the International

11     Tribunal guarantee the accused a number of rights, which I will now ask

12     the Registrar to read out in full.

13             THE REGISTRAR:  Article 20:  Commencement and conduct of trial

14     proceedings.

15             "1.  The Trial Chambers shall ensure that a trial is fair and

16     expeditious and that proceedings are conducted in accordance with the

17     Rules of Procedure and Evidence, with full respect for the rights of the

18     accused and due regard for the protection of victims and witnesses.

19             "2.  A person against whom an indictment has been confirmed

20     shall, pursuant to an order or an arrest warrant of the International

21     Tribunal, be taken into custody, immediately informed of the charges

22     against him, and transferred to the International Tribunal.

23             "3.  The Trial Chamber shall read the indictment, satisfy itself

24     that the rights of the accused are respected, confirm that the accused

25     understands the indictment, and instruct the accused to enter a plea.

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 1     The Trial Chamber shall then set the date for trial.

 2             "4.  The hearings shall be public unless the Trial Chamber

 3     decides to close the proceedings in accordance with the Rules of

 4     Procedure and Evidence."

 5             Article 21:  Rights of the accused.

 6             "1.  All persons shall be equal before the

 7     International Tribunal.

 8             "2.  In the determination of charges against him, the accused

 9     shall be entitled to a fair and public hearing, subject to Article 22 of

10     the Statute.

11             "3.  The accused shall be presumed innocent until proved guilty

12     according to the provisions of the present Statute.

13             "4.  In the determination of any charge against the accused

14     pursuant to the present Statute, the accused shall be entitled to the

15     following minimum guarantees in full equality:

16             "(a) to be informed promptly and in detail in a language which he

17     understands of the nature and cause of the charge against him;

18             "(b) to have adequate time and facilities for the preparation of

19     his defence and to communicate with counsel of his own choosing;

20             "(c) to be tried without undue delay;

21             "(d) to be tried in his presence and to defend himself in person

22     or through legal assistance of his own choosing, to be informed if he

23     does not have deal assistance of his right and to have legal assistance

24     assigned to him in any case where the interests of justice so require and

25     without payment by him in any such case if he does not have sufficient

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 1     means to pay for it;

 2             "(e) to examine or have examined the witnesses against him and to

 3     obtain attendance and examination of witnesses on his behalf under the

 4     same conditions as witnesses against him;

 5             "(f) to have the free assistance of an interpreter if he cannot

 6     understand or speak the language used in the International Tribunal;

 7             "(g) not to be compelled to testify against himself or to confess

 8     guilt."

 9             Thank you.

10             JUDGE KWON:  Mr. Hadzic, do you have any questions on what was

11     just read out to you?

12             THE ACCUSED: [Interpretation] I don't.

13             JUDGE KWON:  Thank you.

14             One of the purposes of the initial appearance is to make sure

15     that the accused understands the indictment against him.

16             Mr. Petrovic, has your client received the amended indictment in

17     his own language?

18             MR. PETROVIC: [Interpretation] Yes, Your Honour.  He has received

19     the indictment and Mr. Hadzic and I analysed that indictment together

20     this morning.

21             JUDGE KWON:  Thank you, Mr. Petrovic.

22             It is the right of the accused to have the indictment read out in

23     a language he understands.  Mr. Petrovic, does your client wish to have

24     the indictment read out in full?

25             MR. PETROVIC: [Interpretation] Your Honour, no.  Mr. Hadzic has

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 1     familiarised himself with the content of the indictment and there is no

 2     need for the indictment to be read out in court here today.

 3             JUDGE KWON:  Thank you, Mr. Petrovic.

 4             The next step is then entry of a plea to the charges of the

 5     indictment.  The accused may enter a plea within 30 days, 3-0 days, of

 6     the initial appearance, but he may enter a plea at the time of the

 7     initial appearance if he so wishes.

 8             Mr. Petrovic, does your client wish to enter a plea today or do

 9     it later?

10             MR. PETROVIC: [Interpretation] Your Honour, Mr. Hadzic is not

11     going to enter a plea today.  He is going to avail himself of the rights

12     guaranteed to him in Article 62.

13             JUDGE KWON:  Very well.  Thank you, Mr. Petrovic.

14             Since the accused hasn't entered a plea today, a further initial

15     appearance will be scheduled within 30 days by the Trial Chamber and the

16     parties will be informed of its date and location in due course.

17             Then is there any matter that parties wish to raise at this

18     stage?

19             Mr. Prosecutor?

20             MR. BRAMMERTZ:  No.  Thank you.

21             JUDGE KWON:  Thank you, Mr. Brammertz.

22             For the Defence, Mr. Petrovic?

23             MR. PETROVIC: [Interpretation] Your Honour, there is one

24     question, but I would ask you that we move into private session for a

25     moment so that I could address you on that issue.

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 1             JUDGE KWON:  Very well.  We go into private session.

 2                           [Private session]

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 2                           [Open session]

 3             JUDGE KWON:  Yes, we are now in open session.

 4             Unless there are any things to be raised by the parties, the

 5     hearing is now adjourned.

 6                           --- Whereupon the Initial Appearance

 7                           adjourned at 4.16 p.m.