Delalic & others Case n° IT-96-21-T 18 June 1996
Case No. IT-96-21-T

Tuesday, 18th June 1996


(The Presiding Judge)




MR. ERIC OSTBERG and MISS TERESA McHENRY appeared on behalf of the Prosecution

MR. MUSTAFA BRACKOVIC appeared on behalf of the accused Landzo

align (Open Session)

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1   THE PRESIDING JUDGE: Good morning. I would first look like to verify that the technical

2   equipment is operative. Can everyone who is using earphones in the courtroom hear me in

3   the language that he understands? Mr. Landzo, can you hear in a language you understand?


5   THE PRESIDING JUDGE: Thank you. This is an initial appearance of the accused pursuant

6   to Rule 62 of the Tribunal Rules of Procedure and Evidence. May I have the appearances

7   for the Prosecutor, please?

8   MR. OSTBERG: Thank you, your Honour. I am Eric Ostberg. I appear with my co-counsel

9   Mrs. Teresa McHenry and our Legal Assistant, Miss Elles Van Dusshoten.

10   THE PRESIDING JUDGE: Thank you, Mr. Ostberg. May I have the appearances on behalf

11   of the accused, please.

12   MR. BRACKOVIC: I am Mustafa Brackovic, lawyer, and I shall be defending the accused

13   Esad Landzo.

14   THE PRESIDING JUDGE: Very good. Thank you, Mr. Brackovic. Are there additional

15   appearances?

16   This proceeding is being recorded pursuant to an Order of the Tribunal. It is

17   being recorded by the Tribunal and it is released to the broadcast media. Does any party

18   have an objection to this procedure, Mr. Ostberg?

19   MR. OSTBERG: No objection, your Honour.

20   THE PRESIDING JUDGE: Mr. Brackovic?

21   MR. BRACKOVIC: No, I have no objections.

22   THE PRESIDING JUDGE: Thank you. You may be seated. Is the Prosecutor ready to

23   proceed, Mr. Ostberg?

24   MR. OSTBERG: Yes, I am ready to proceed, your Honour.

25   THE PRESIDING JUDGE: Is the Defence ready to proceed, Mr. Brackovic?

26   MR. BRACKOVIC: Yes, your Honour, we are ready to proceed.

27   THE PRESIDING JUDGE: Mr. Brackovic, has Mr. Esan Landzo received a copy of the

28   indictment?

29   MR. BRACKOVIC: Yes, Esad Landzo received a copy of the indictment, read it and

30   understood it. We discussed it several times here in The Hague.

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1   THE PRESIDING JUDGE: In your opinion, does Mr. Landzo understand the nature of the

2   charges against him that are contained in the indictment?

3   MR. BRACKOVIC: Yes, I believe he understands all the counts contained in the indictment

4   and you may also ask him directly.

5   THE PRESIDING JUDGE: I will do that. Mr. Brackovic, is Mr. Landzo ready to proceed

6   with the reading of the indictment, subject to my enquiry concerning his understanding the

7   nature of the charges, for the purposes of the entry of a plea, or will he be willing to waive

8   the reading of the indictment in its entirety and, instead, enter a plea with respect to those

9   counts in which he is named in the indictment?

10   MR. BRACKOVIC: I do not think it is necessary to read the indictment because he has read it

11   several times and discussed it with me, and he will, therefore, waive the right to read the

12   indictment in its entirety. We believe it is not necessary.

13   THE PRESIDING JUDGE: Fine, thank you. I will ask the Prosecutor to identify the counts

14   in the indictment to which Mr. Landzo is to enter a plea.

15   MR. OSTBERG: Yes, your Honour. The counts in question are the following: 1 and 2, 5 and

16   6, 7 and 8, 9 and 10, 11 and 12, 15 to 17, 24 to 26, 27 to 29, 30 to 32, 36 and 37, and

17   finally 46 and 47. Thank you, your Honour.

18   THE PRESIDING JUDGE: Mr. Landzo, will you please stand? You have heard your

19   attorney Mr. Brackovic state that you have received a copy of the indictment, that he has

20   discussed the indictment with you. Is that correct?

21   THE ACCUSED LANDZO: Yes, it is.

22   THE PRESIDING JUDGE: Do you understand the nature of the charges pending against you

23   in the indictment?


25   THE PRESIDING JUDGE: For the record, will you state your full name, please?

26   THE ACCUSED LANDZO: Esad Landzo.

27   THE PRESIDING JUDGE: For the record, would you state your date of birth?

28   THE ACCUSED LANDZO: 7th March 1973.

29   THE PRESIDING JUDGE: Have you ever been known by any nickname, Mr. Landzo?


31   THE PRESIDING JUDGE: What is it?

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2   THE PRESIDING JUDGE: Are you ready to enter a plea to the indictment? The Prosecutor

3   has identified the counts in the indictment in which you are charged. Are you ready to

4   enter a plea at this time?


6   THE PRESIDING JUDGE: How do you plead, guilty or not guilty?

7   THE ACCUSED LANDZO: Not guilty.

8   THE PRESIDING JUDGE: Fine. You may be seated, Mr. Landzo. Are there any

9   preliminary matters which counsel would like to bring to the attention of the Tribunal at

10   this time? We intend to set a Status Conference on July 22nd at 10 a.m. and at that Status

11   Conference the Trial Chamber will discuss with counsel any motions that they intend to

12   file, as well as set a date for the trial in this matter. However, are there any additional

13   matters that the lawyers would like to bring to the attention of the Trial Chamber at this

14   time?

15   MR. OSTBERG: Not from our side, your Honour.

16   THE PRESIDING JUDGE: Thank you. Mr. Brackovic, is there anything you would like to

17   bring to the attention of the court at this time?

18   MR. BRACKOVIC: I should like to voice some basic objections regarding the introductory

19   part where it says that the Serbs and Croats attacked Serbs in Konjic. It is common

20   knowledge both in the Tribunal and the worldwide because it has also been established by

21   the United Nations Resolutions that the aggressors against the state of Bosnia-Herzegovina

22   were Serbia and Montenegro together with the Yugoslav People's Army and paramilitary

23   formations of the Bosnian Serbs. So that it was not an attack. It was self-defence as it

24   was the only way to save the city from the fate of Prijedor/Kozarac and other places

25   where major crimes were committed for which proceedings have been started with this

26   Tribunal.

27   I also have one objection regarding counts 46 to 48 of the indictment where my

28   client is charged with creating conditions which are defined as inhumane here. However, as

29   my client was an ordinary guard and never had a superior position, he never had any

30   possibility of changing those conditions or creating such conditions, I therefore think that,

31   from the legal point of view, these counts could not apply to my client. Thank you.

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1   THE PRESIDING JUDGE: He has entered a plea of not guilty to counts 46 and 47 and that

2   is probably a matter you may wish to handle by way of a preliminary motion to dismiss.

3   The transcript of your remarks, Mr. Brackovic, indicated that -- of course now the

4   transcript has moved away from me but I remember what I read and what I read was that

5   you had stated that you disagreed with paragraph 2 because the Serbs and Croats did not

6   attack the Serbs; instead this was an act of self-defence and then you went on about the

7   United Nations information. I am sure you meant to say what is alleged in the indictment,

8   and that is that the Muslims and Bosnian Croats did not attack the Serbs. Is that what

9   you meant to say or perhaps I misunderstand?

10   MR. BRACKOVIC: Yes, that was what I wanted to say. It must be a misunderstanding.

11   They did not attack, that it was an act of self-defence to avoid the fate of Bosnian

12   Muslims especially in Prijedor/Kozarac and other places. This is a substitutional thesis.

13   It was no attack by Muslims and Croats against Bosnian Serbs. It is clear and a common

14   fact who launched the aggression against Bosnia-Herzegovina. It was Serbia and

15   Montenegro and the Yugoslav People's Army, supported by the forces of Bosnian Serbs.

16   That was the gist of what I said and what I hope I have just clarified. Thank you.

17   THE PRESIDING JUDGE: Very good. Are there additional matters to be brought to the

18   attention of the Chamber at this time? If not, then we will adjourn until July 22nd at 10.

19   when we will have a Status Conference. We are adjourned.

align20   (The hearing adjourned)