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Case No. IT-98-34-A
Before:
Judge Fausto Pocar, Presiding
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Wolfgang Schomburg
Judge Inés Mónica Weinberg de Roca
Registrar:
Mr. Hans Holthuis
Date:
7 July 2005
PROSECUTOR
v.
Mladen NALETILIC, aka “TUTA”
Vinko MARTINOVIC, aka “STELA”
___________________________________________
___________________________________________
Office of the Prosecutor:
Mr. Norman Farrell
Counsel for the Appellants:
Mr. Matthew Hennessy and Mr. Christopher Young Meek for Mladen Naletilic
Mr. Zelimir Par and Mr. Kurt Kerns for Vinko Martinovic
J. A copy of a report from the Republic of Bosnia and Herzegovina, Army of the Republic of BH, 44th Mountain Brigade-Command, Jablanica Municipal Staff, Number 07/379-12 /93, dated 6 May 1993, delivered to the Security Sector of the 4th Corps Command and Igman OG (Operations Group), Bradina IKM (Forward Command Post);
K. a copy of a report from the Chief of Staff of the 4th Corps of the ABiH dated 6 May 1993, sent to BH Army General Staff, Igman Operations Group, Bradina;
L. a copy of an excerpt from the Order of the 4th Corps Commander, Army of the Republic of BH, dated 7 May 1993, signed by the Chief of the Brigade Staff;
M. a copy of a report to three individuals personally, of the Igman Operations Group, Bradina (Forward Command Post), dated 26 April 1993, from the Deputy Commander of the Supreme Command Staff Special Detachment for Special Purposes, Jablanica, Republic of Bosnia Herzegovina Army;
N. a copy of a regular combat report from a Commander of the BH Army Command, 44th Mountain Brigade, Jablanica, dated 4 May 1993, to Igman Operations Group, Bradina IKM (Forward Command Post), Bradina;
O. a copy of a regular combat report from a Commander of the Army of the Republic of BH – 4th Corps, 44th Mountain Brigade Command, Jablanica, dated 9 May 1993, to Igman Operations Group, Bradina IKM (Forward Command Post), Bradina;
P. a copy of a report dated 2 June 1993, to Igman Operations Group from the Chief of Staff, Army of the Republic of Bosnia and Herzegovina;
Q. a copy of a typed and partly handwritten letter to the President of the Presidency of BH, Sarajevo, dated 20 February 1993, signed by members of the BH Party of Democratic Action, SDA, Regional Board for Herzegovina, Mostar;
R. a copy of the minutes of a meeting called by the 3rd Battalion of the HVO, Croatian Defence Council, Tihomir Misic Battalion, Mostar, dated 26 March 1993;
S. a copy of a regular combat report of the Army of the BH Republic, Command of the 44th Mountain Brigade, Jablanica, dated 2 May 1993, signed “for the Commander ”;
T. a copy of a report to the Command, 44th Mountain Brigade and to two individuals personally, dated 5 May 1993, from the Chief of Staff, BH Army, 4th Corps Command ;
U. a copy of a regular combat report of the 44th Mountain Brigade Command, BH Army, Jablanica, dated 3 May 1993 and signed by the Commander to the Operations Group, Igman Bradina IKM (Forward Command Post), Bradina;
V. a copy of a report dated 4 May 1993, to the Security Sector, 4th Corps Command, Operations Group Igman-Bradina IKM (Forward Command Post), from the Chief of Security, BH Army, 44th Mountain Brigade Command, Jablanica;
W. a copy of a report dated 5 May 1993, to the Security Sector, 4th Corps Command, Igman Operations Group, Bradina IKM (Forward Command Post), from the Chief of Security, 44th Mountain Brigade and the Assistant Commander for Intelligence, of the BH Army, 44th Mountain Brigade, Jablanica; and
X. a copy of a list of the members of the Jablanica Mijat Tomic Battalion who took part in the attack against Sovici village.
Y-1. A copy of an English translation of a cover page from the President of the High Court in Mostar dated 10 July 1998, enclosing documents concerning Case No. K.5/95 delivered to the Ministry of Civil Affairs and Communication in Sarajevo;
Y-2. a copy of an English translation of the Summary of Case No. K.5/96 dated 10 July 1998 from the High Court in Mostar to the Prosecutor of the International Court for War Crimes in The Hague;
Y-3. a copy of an English translation of the indictment, No. KT.10/94, dated 1 February 1996 filed with the High Court in Mostar and signed by the Deputy of the High Public Prosecutor’s Office, Mostar;
Z-1. a copy of the original BCS version of Exhibit Y-1;
Z-2. a copy of the original, handwritten BCS version of Exhibit Y-2;
Z-3. a copy of the original BCS version of Exhibit Y-3;
AA. a copy of a letter from Senior Appeals Council, ICTY, dated 5 March 2004, with an attached receipt of materials for the Prosecutor v. Naletilic and Martinovic (IT-98-34-T) case from the Office of the Prosecutor addressed to Kresimir Krsnik, but signed by Christopher Young Meek, Co-Counsel for Naletilic at trial and on appeal, on 29 May 2002. The receipt acknowledges that two binders containing the “Mostar Court File” were produced to the Defence;
BB. a copy of an authorized English translation of an affidavit by Kresimir Krsnik, Lead Counsel for the Appellant at trial, dated 23 August 2004, and a copy of a letter dated 23 2004 from Kresimir Krsnik to Mr. Matt Hennessy, Counsel for the Appellant on appeal, enclosing said affidavit;
CC. a copy of an affidavit by Christopher Young Meek, Co-Counsel for the Appellant at trial and on appeal dated 15 June 2004; and
DD. a copy of an affidavit by Nika Pinter, Legal Assistant to the Appellant’s Defence team at trial, dated 24 June 2004.
Exhibits J-Q and S-X
[t]he HVO chain of command in 1993 consisted of a political figure at the top as supreme commander.... The Defence Department of the HZ H-B was headed by the Minister of Defence Bruno Stojic, who was subordinate to the supreme commander. Under the Defence Department was the HVO Main Staff, commanded by the Chief of the HVO Main Staff and for some time in 1993 also by a commander. During different periods in 1993, Zarko Tole, Milivoj Petkovic, Slobodan Praljak and Ante Roso headed or commanded the HVO Main Staff.... There were two chains of command. The general chain of command was brigade commander, battalion commander, company commander, and commander of a unit. The other chain of command was related to the frontlines, where it was the HVO Main Staff, operative zone commander, commander of a particular area at the frontline and units that were subordinated to the area commander. These units mostly consisted of shifts provided by the Brigades....
Outside the chain of command of the HVO regular units, there were professional units and units for special assignments. These units were attached to the HVO Main Staff through the Defence Department. There were four professional units: the Convicts’ Battalion (“KB”)... The normal chain of command for these units was that the HVO Main Staff called on them when needed.... When the professional... units arrived at the frontline the commander of the particular area at the frontline told them what their specific tasks were.... The professional units attached themselves to the area commander but stayed under the direct command of the HVO Main Staff. The execution of the task assigned to the professional units was within the discretion of their commanders. (emphasis added).66
Exhibits M and R
On the basis of the foregoing, the Appeals Chamber DISMISSES the Appellant’s Amended Second Rule 115 Motion and the Third Rule 115 Motion in their entirety.
Done in English and French, the English text being authoritative.
______________________
Judge Fausto Pocar,
Presiding Judge
Done this 7th day of July 2005
At The Hague, The Netherlands.
[Seal of the Tribunal]