1 Thursday, 12 August, 1999
2 (Initial appearance)
3 (Open session)
4 (The accused entered the court)
5 --- Upon commencing at 4.04 p.m.
6 JUDGE JORDA: (Interpretation) Please be
8 Mr. Registrar, have the accused brought in
9 and call the case while the photographers accomplish
10 their mission as authorised.
11 THE REGISTRAR: (Interpretation) It is case
12 IT-98-34-I, the Prosecutor versus Mladen Naletilic,
13 also known as Tuta, and Vinko Martinovic, also known as
15 JUDGE JORDA: (Interpretation) Thank you.
16 The case having been identified, before I
17 address myself to the accused here present, I first
18 wish to say good afternoon to the interpreters and make
19 sure that they can hear me, the public gallery equally,
20 who are going to participate in our debate, as is
21 normal in an international public tribunal.
22 I turn myself first to the Prosecutor's
23 bench. I do not know everyone. Perhaps Ms. Hollis
24 will introduce her colleagues, please.
25 MS. HOLLIS: Thank you, Your Honour. Brenda
1 Hollis and Vassili Porivaec appear on behalf of the
2 Prosecutor, along with the acting case manager,
3 Patricia Reynders.
4 JUDGE JORDA: (Interpretation) Thank you. How
5 exactly do you pronounce your name, Mr. Porivaec?
6 Could you tell us, please, the best way to pronounce
7 your name?
8 MR. PORIVAEC: The best way, Vassili
10 JUDGE JORDA: (Interpretation) Porivaec.
11 Would you please write it down for me in a
12 phonetic form, Mr. Registrar? Thank you. I'm sorry
13 about this.
14 I turn myself to the Defence. Can you please
15 introduce yourself? Tell us which bar you belong to
16 and what are your qualifications with the Tribunal,
17 such as you presented them to Madam Registrar.
18 MR. SERIC: (Interpretation) Your Honours, my
19 name is Branko Seric. I'm an attorney, member of the
20 Croatian bar, and I represent Mr. Vinko Martinovic.
21 JUDGE JORDA: (Interpretation) Very well.
22 Thank you very much. You may be seated.
23 Mr. Registrar, have the qualifications of
24 Attorney Selic been admitted and verified with the
25 national bar? How does it function?
1 THE REGISTRAR: (Interpretation) Yes,
2 everything is in order regarding the authorisation of
3 Branko Seric.
4 JUDGE JORDA: (Interpretation) Thank you.
5 This will be entered in the record.
6 Now I turn to the accused, who is appearing
7 today for the first time following an indictment issued
8 against him and signed on what date, Mr. Registrar?
9 THE REGISTRAR: (Interpretation) The
10 indictment was signed the 18th of December, 1998, by
11 Louise Arbour and confirmed by Judge Richard May on the
12 21st of December, 1998.
13 JUDGE JORDA: (Interpretation) Mr. Martinovic,
14 will you please rise? You have been told that in this
15 Tribunal, which I represent on behalf of the President,
16 Madam McDonald, you are going to tell us clearly your
17 name, your first name, your date and place of birth,
18 your profession, if you have one, and your present
19 residence, please. We're listening.
20 THE ACCUSED MARTINOVIC: (Interpretation) Your
21 Honours, I an Vinko Martinovic, known as Stela, born on
22 the 21st of September, 1963, in the town of Mostar. By
23 occupation, I'm a restaurant owner. Currently, I'm in
24 the detention unit in The Hague.
25 JUDGE JORDA: (Interpretation) Are you
1 married, do you have children, and where were you
3 THE ACCUSED MARTINOVIC: (Interpretation) I am
4 married. I have one child who is three years old.
5 JUDGE JORDA: (Interpretation) And your family
6 is now living in Mostar. Was that your place of
7 residence when you were transferred to The Hague?
8 THE ACCUSED MARTINOVIC: (Interpretation) My
9 family is living in Mostar now, and I live there too,
10 before I was arrested and taken to Zagreb, from where I
11 was transferred to The Hague. I surrendered
12 voluntarily, and I said I would not appeal the
14 JUDGE JORDA: (Interpretation) Very well.
15 Thank you.
16 Today is your Initial Appearance before the
17 International Criminal Tribunal for trying persons
18 assumed responsible for crimes committed in the former
19 Yugoslavia. This is a formality, but an important
20 one. You must be present, fully conscious, with your
21 attorney, because after your arrest, this is the second
22 time that you have the opportunity to be informed of
23 all the charges that the Prosecutor has issued against
24 you and which the Judge confirmed, waiting, of course,
25 for the evidence to be presented in a contradictory
2 I am going to ask the registrar to remind us
3 of the fundamental text and rules which give you
4 certain rights and which will then allow us to go on to
5 the main part of this appearance, and that is to see
6 whether you're going to plead guilty or not guilty and
7 to see on which counts you plead guilty or perhaps not
9 You may now be seated, Mr. Martinovic, while
10 this is being read, but please listen carefully, and so
11 should your attorney, but I'm sure your attorney is
12 very familiar with those texts.
13 Mr. Registrar, will you read us the text of
14 the Statute and of the Rules?
15 THE REGISTRAR: (Interpretation) First Article
16 20 of the Statute of the Tribunal: Commencement and
17 conduct of trial proceedings.
18 (3) The Trial Chamber shall read the
19 indictment, satisfy itself that the rights of the
20 accused are respected, confirm that the accused
21 understands the indictment, and instruct the accused to
22 enter a plea. The Trial Chamber shall then set the
23 date for trial.
24 (4) The hearing shall be public unless the
25 Trial Chamber decides to close the proceedings in
1 accordance with its Rules of Procedure and Evidence.
2 Article 21. Rights of the accused.
3 (1) All persons shall be equal before the
4 International Tribunal.
5 (2) In the determination of charges against
6 him, the accused shall be entitled to a fair and public
7 hearing, subject to Article 22 of the Statute.
8 (3) The accused shall be presumed innocent
9 until proved guilty, according to the provisions of the
10 present Statute.
11 (4) In the determination of any charge
12 against the accused, pursuant to the present Statute,
13 the accused shall be entitled to the following minimum
14 guarantees and full equality:
15 (a) to be informed promptly and in
16 detail in a language which he understands of the nature
17 and cause of the charge against him.
18 (b) to have adequate time and facilities
19 for the preparation of his defence and to communicate
20 with counsel of his own choosing.
21 (c) to be tried without undue delay.
22 (d) to be tried in his presence and to
23 defend himself in person or through legal assistance of
24 his own choosing; to be informed, if he does not have
25 legal assistance, of this right, and to have legal
1 assistance assigned to him in any case where the
2 interests of justice so require and without payment by
3 him in any such case if he does not have sufficient
4 means to pay for it.
5 (e) to examine or have examined the
6 witnesses against him and to obtain the attendance and
7 examination of witnesses on his behalf under the same
8 conditions as witnesses against him.
9 (f) to have the free assistance of an
10 interpreter if he cannot understand or speak the
11 language used in the International Tribunal.
12 (g) not to be compelled to testify
13 against himself or to confess guilt.
14 Then Rule 62 of the Rules of Procedure and
15 Evidence of the Tribunal. Rule 62: Initial appearance
16 of the accused.
17 Upon transfer of an accused to the seat of
18 the Tribunal, the President shall forthwith assign the
19 case to a Trial Chamber. The accused shall be brought
20 before that Trial Chamber without delay and shall be
21 formally charged. The Trial Chamber shall:
22 (i) satisfy itself that the right of the
23 accused to counsel is respected;
24 (ii) read or have the indictment read to the
25 accused in a language the accused speaks and
1 understands and satisfy itself that the accused
2 understands the indictment;
3 (iii) inform the accused that within 30 days
4 of the initial appearance, he or she will be called
5 upon to enter a plea of guilty or not guilty on each
6 count, but that should the accused so request, he or
7 she may immediately enter a plea of guilty or not
8 guilty on one or more count;
9 (iv) if the accused fails to enter a play at
10 the initial or any further appearance, enter a plea of
11 not guilty on the accused's behalf;
12 (v) in case of a plea of not guilty, instruct
13 the Registrar to set a date for trial;
14 (vi) in case of a plea of guilty, act in
15 accordance with Rule 62 bis;
16 (vii) instruct the Registrar to set such
17 other dates as appropriate.
18 To wind up Rule 62 bis, guilty pleas.
19 If an accused pleads guilty in accordance
20 with Rule 62(vi) or requests to change his or her plea
21 to guilty and the Trial Chamber is satisfied that:
22 (i) the guilty plea has been made
24 (ii) the guilty plea is informed;
25 (iii) the guilty plea is not equivocal;
1 (iv) there is a sufficient factual basis for
2 the crime and the accused's participation in it, either
3 on the basis of independent indicia or on lack of any
4 material disagreement between the parties upon the
5 facts of the case.
6 The Trial Chamber may enter a finding of
7 guilt and instruct the Registrar to set a date for the
8 sentencing hearing.
9 JUDGE JORDA: (Interpretation) Thank you,
10 Mr. Registrar.
11 Mr. Seric, have you received the indictment
12 in your own language?
13 MR. SERIC: (Interpretation) Your Honours, we
14 have received the indictment in our language.
15 JUDGE JORDA: (Interpretation) You were able
16 to discuss it with your client? Were you able to
17 review it with your client?
18 MR. SERIC: (Interpretation) Yes, Your
19 Honour. When the Defence was served the indictment, I
20 was able to have contact with him, and I was also able
21 to contact him here in The Hague.
22 JUDGE JORDA: (Interpretation) Thank you. You
23 may be seated.
24 I'm going to ask the registrar to read the
25 indictment. Mr. Registrar, I should like to remind you
1 that the indictment applies to two persons.
2 THE REGISTRAR: (Interpretation) Yes. The
3 indictment concerns Mr. Vinko Martinovic, also known as
4 Stela, as well as Mladen Naletilic, also known as
5 Tuta. It is case number IT-98-34-I, the Prosecutor
6 versus Mladen Naletilic --
7 JUDGE JORDA: (Interpretation) Yes, but before
8 you continue, I should like to draw the attention of
9 Mr. Martinovic, you have heard, when the Rules were
10 read to you, that you have a possibility of delaying,
11 by 30 days, your plea of guilty or not guilty. Did
12 Mr. Seric convey this information to you clearly,
13 Mr. Martinovic? My question is to make sure that this
14 has been clearly conveyed to you, and have you decided
15 to avail yourself of this time period of 30 days or are
16 you ready to plead on each count guilty or not guilty?
17 Do you want to use this delay for a statement of guilt
18 or not guilt or do you wish to plead today?
19 Mr. Seric?
20 MR. SERIC: (Interpretation) Your Honour, we
21 are ready today to enter a plea, and so is my client.
22 JUDGE JORDA: (Interpretation) Very well.
23 Thank you.
24 Mr. Martinovic, you can confirm that you are
25 ready this very day to say whether you are guilty or
1 not guilty on each count. Please stand up. Do you
2 confirm what your attorney has just said, please?
3 THE ACCUSED MARTINOVIC: (Interpretation) I
5 JUDGE JORDA: (Interpretation) Thank you.
6 We are going to proceed as follows,
7 Mr. Martinovic, so that things should be quite clear:
8 The registrar is going to read the
9 indictment. You will remain seated during the
10 reading. But at the end of each group of charges
11 against you by the Prosecution, I will ask you to stand
12 and I will ask you whether you plead guilty or not
13 guilty. Do you understand that?
14 THE ACCUSED MARTINOVIC: (Interpretation) I
16 JUDGE JORDA: (Interpretation) Very well. So
17 now you may be seated, and when I tell you, you will
18 rise. Listen carefully. These are charges made
19 against you by the Prosecutor. You may be seated for
20 the time being, Mr. Martinovic.
21 On the other hand, Mr. Registrar, please
22 stand up because we are reading the indictment. I'm
23 sorry for that, but that is the proper way.
24 THE REGISTRAR: (Interpretation) The
25 Prosecutor versus Mladen Naletilic, also known as Tuta,
1 and Vinko Martinovic, also known as Stela.
3 The Prosecutor of the International Criminal
4 Tribunal for the former Yugoslavia, pursuant to her
5 authority under Article 18 of the Statute of the
6 International Criminal Tribunal for the former
7 Yugoslavia (hereinafter the Statute of the Tribunal),
9 Mladen Naletilic, also known as Tuta, and
10 Vinko Martinovic, also known as Stela, with crimes
11 against humanity, grave breaches of the Geneva
12 Conventions and violations of the laws or customs of
15 1. On 25 June, 1991, Croatia declared its
16 independence which was suspended until 8 October,
17 1991. The Republic of Croatia was recognised by the
18 European Community on 15 January, 1992, and it was
19 admitted as a member State of the United Nations on 22
20 May, 1992.
21 2. Bosnia and Herzegovina declared its
22 independence on 3 March, 1992. The Republic of Bosnia
23 and Herzegovina was recognised by the European
24 Community on 6 April, 1992 and by the Republic of
25 Croatia on 7 April, 1992. The Republic of Bosnia and
1 Herzegovina was admitted as a member State of the
2 United Nations on 22 May, 1992.
3 3. The Croatian Community of Herceg-Bosna
4 (HZ-HB) proclaimed its existence on 18 November, 1991
5 and claimed to be a separate or distinct "political,
6 cultural, economic and territorial whole" in the
7 territory of Bosnia and Herzegovina. Its purposes
8 included, inter alia, the establishment of closer ties
9 with the Republic of Croatia. These aspirations, which
10 were supported by the Republic of Croatia, were
11 evidenced by the HZ-HB's use of the Croatian currency
12 and the Croatian language and the granting by the
13 Republic of Croatia of Croatian citizenship of Bosnian
15 4. The Constitutional Court of the Republic
16 of Bosnia and Herzegovina declared the HZ-HB illegal on
17 14 September, 1992. Neither the self-proclaimed HZ-HB,
18 nor the later self-proclaimed Croatian Republic of
19 Herceg-Bosna (HR-HB) were ever internationally
21 5. Article 3 of the HZ-HB proclamation of 18
22 November, 1991 designated Mostar as the capital of this
23 community. This designation of Mostar as capital of
24 the self-proclaimed Croat community was reaffirmed by
25 the decree issued by the President of the HZ-HB on 8
1 April, 1992, setting up the Croatian Defence Council
2 (hereinafter referred as HVO) as the supreme executive,
3 administrative, and defence body of Herceg-Bosna with
4 its headquarters in Mostar; and the decree by such
5 president on 28 August, 1993, by which the HZ-HB
6 declared itself the HR-HB.
7 6. The population of the municipality of
8 Mostar prior to the beginning of the conflict (1991
9 official census) was composed of 126.628 inhabitants,
10 of which 43.856 (34,6 per cent) were Muslims; 43.037
11 (33,9 per cent) were Croats; 23.846 (18,8 per cent)
12 were Serbs; 12.768 (9,9 per cent) were Yugoslavs; and
13 3.121 (2,4 per cent) were others. The city of Mostar
14 is the historical capital and the largest city of
15 Herzegovina. The territory of the municipality of
16 Mostar includes, among others, the following districts
17 and villages: Rastani, Bijelo Polje, Vojno, Potoci,
18 Rudnik, Ilici, Dzikovina, Panjevina, Rodoc, Podhum,
19 Zahum and Blagaj.
20 7. At all times during the relevant period,
21 the Army of the Republic of Croatia (HV) backed and
22 supported the HVO and deployed its own units in Mostar
23 and other municipalities of Bosnia and Herzegovina.
24 Among the units that were acting in connection with the
25 authorities of the Republic of Croatia and participated
1 in joint actions with units of the HV was the
2 Kaznjenicka Bojna (Convicts' Battalion, also known as
3 the Punishment Battalion, Tuticeva Brigade, Tutici, or
4 Tuta's men, hereinafter referred to as the KB), under
5 the command of Mladen Naletilic.
6 8. As early as October 1992, the HVO
7 launched an attack against the Bosnian Muslim
8 population of the municipality of Prozor. Subsequently
9 the HV and the HVO participated in an armed conflict
10 with the armed forces of the government of
11 Bosnia-Herzegovina (ABiH) until February 1994.
12 9. In April 1993, the HVO launched a series
13 of attacks against the Bosnian Muslim civilian
14 population, such as the attack of Ahmici on 16 April
15 and others in Central Bosnia. At the same time on 17
16 April, 1993, forces of the HV and the HVO, including
17 the KB, attacked the villages of Sovici and Doljani
18 (municipality of Jablanica) under the overall command
19 of Mladen Naletilic, and carried out the forcible
20 transfer of the Bosnian Muslim population and
21 destruction of their properties. Beginning
22 simultaneously in April 1993, in the Herzegovinian
23 municipalities of Stolac, Capljina, and Mostar, the HVO
24 carried out the arrest of prominent Bosnian Muslims and
25 imposed different measures of persecution against the
1 Bosnian Muslim population, such as dismissals from work
2 positions and public service, discrimination in the
3 delivery of humanitarian aid, attacks against Bosnian
4 Muslim houses and properties, and imposition of Croat
5 language and education.
6 10. On 9 May, 1993, the HV and the HVO,
7 including the KB, launched a large military offensive
8 against the Bosnian Muslim population of Mostar and the
9 positions of the ABiH in the city, provoking the start
10 of an armed conflict with the ABiH in the municipality
11 of Mostar. Subsequently, the Bosnian Muslim population
12 was the target of a broad campaign of violence in the
13 areas of Mostar occupied by the HV and the HVO, lasting
14 at least until the ceasefire and peace agreements of
15 February and March 1994. Across the confrontation
16 line, the ABiH held a section of the city which was
17 under siege by the HV and the HVO forces who were
18 shelling intensely the area and preventing the arrival
19 of humanitarian aid and basic supplies. Mladen
20 Naletilic, as commander of the KB, and Vinko
21 Martinovic, as commander of the Mrmak or Vinko Skrobo
22 sub-unit of the KB, were leading perpetrators of this
23 campaign against the Bosnian Muslim population.
24 11. The goal of this campaign by the HV and
25 HVO forces, commonly referred to as ethnic cleansing,
1 was to gain control of the municipalities of Mostar,
2 Jablanica, and other municipalities in
3 Bosnia-Herzegovina and to force the Bosnian Muslim
4 population to leave these territories or to
5 substantially reduce and subjugate this population.
6 The means used for this purpose included killings,
7 beatings, torture, evictions, destruction of cultural
8 and religious heritage, looting, deprivation of basic
9 civil and human rights, and mass expulsions,
10 detentions, and imprisonments, all of them executed
11 following a systematic pattern of ethnic
12 discrimination. As a result of this campaign, tens of
13 thousands of Bosnian Muslims abandoned Mostar,
14 Jablanica, and other municipalities in
15 Bosnia-Herzegovina. The traditional ethnic diversity
16 of these municipalities was virtually eliminated, and
17 an ethnically homogeneous society and institutions were
18 imposed in these areas.
19 The Accused.
20 Mladen Naletilic, also known as Tuta, son of
21 Mate and Slavka, was born on 1 December, 1946, in
22 Listica-Siroki Brijeg, in the municipality of Siroki
23 Brijeg, Bosnia and Herzegovina. Mladen Naletilic is by
24 birth a Bosnian Croat who later acquired the
25 citizenship of the Republic of Croatia, which he
1 maintains to date. Mladen Naletilic graduated from
2 elementary school. Mladen Naletilic left the Socialist
3 Federal Republic of Yugoslavia in the late 1960s or
4 early 1970s, and remained abroad until his return to
5 his country of origin in 1990.
6 13. Vinko Martinovic, also known as Stela,
7 son of Ivan, was born on 21 September, 1963 in Mostar,
8 Bosnia and Herzegovina. Vinko Martinovic is by birth
9 is Bosnian Croat who later acquired the citizenship of
10 the Republic of Croatia, which he maintains to date.
11 Superior authority.
12 14. At all times material to this
13 indictment, Mladen Naletilic was the commander of the
14 KB, a special unit founded by him on or about June
15 1991. The KB was composed of approximately 200 to 300
16 soldiers grouped in several sub-units, called ATG or
17 ATJ (Anti Terrorist Group or Unit) with bases in the
18 municipalities of Mostar, Listica-Siroki Brijeg, and
19 Ljubuski. The main tasks of the KB were combat
20 missions on the front line, expulsions and attacks
21 against Bosnian Muslim civilians in the territories
22 under HV and HVO occupation. The KB acted as part of
23 or in coordination with the HVO and HV.
24 15. Mladen Naletilic exercised his control
25 in military matters in a manner consistent with the
1 exercise of superior authority, including the
2 development of the organisational structure within the
3 KB. He was involved in the management and control of
4 the finances of the KB. Mladen Naletilic was also in
5 charge of disbursing the salaries to members of the KB;
6 deciding on logistical and tactical matters; ensuring
7 the combat readiness of his troops; planning the
8 preparation and implementation of military operations
9 performed either by the KB alone or in coordination
10 with other HVO and HV units under the general command
11 of both armies; and coordinating with high ranking
12 officers of the HZ-HB, the HR-HB, and the Republic of
14 16. Mladen Naletilic exercised his authority
15 over the members of the KB in a direct manner by
16 meeting with his direct subordinates and KB
17 sub-commanders on virtually a daily basis, interacting
18 with the rank and file soldiers frequently, visiting
19 the different bases of the KB, and acting as field
20 commander for certain actions.
21 17. Vinko Martinovic was a commander in the
22 HOS (Croatian Defence Forces) militia in Mostar in
23 1992, and later joined the KB. At all times material
24 to this indictment, Vinko Martinovic was the commander
25 of the KB sub-unit, ATG Mrmak, later named Vinko
1 Skrobo, and a subordinate to Mladen Naletilic. In a
2 manner consistent with the exercise of superior
3 authority, Vinko Martinovic participated in military
4 operations under the command of the KB and in
5 coordination with other HVO and HV units under the
6 general command of both armies. At all times material
7 to this indictment, in the city of Mostar, Vinko
8 Martinovic was in command of a section of the front
9 line in the Bulevar street, where the ATG Mrmak, later
10 named Vinko Skrobo, was deployed under his command, and
11 the base and facilities of this unit in the Kalemova
13 General Allegations.
14 18. At all times relevant to this
15 indictment, a state of international armed conflict and
16 partial occupation existed on the territory of the
17 Republic of Bosnia and Herzegovina.
18 19. All acts or omissions set forth as Grave
19 Breaches of the Geneva Conventions of 1949
20 (hereinafter "Grave Breaches"), recognised by Article 2
21 of the Statute of the Tribunal, occurred during that
22 international armed conflict and partial occupation.
23 20. All of the victims to whom the charges
24 refer, whether they were civilians or prisoners of war,
25 were, at all relevant times, persons protected by the
1 Geneva Conventions of 1949.
2 21. In each paragraph charging Crimes
3 Against Humanity, the alleged acts or omissions were
4 part of a widespread, large-scale or systematic attack
5 directed against the Bosnian Muslim population.
6 22. The accused in this indictment were
7 required to abide by the regulations of the laws or
8 customs of war governing the conduct of war, including
9 the Geneva Conventions of 1949.
10 23. Mladen Naletilic and Vinko Martinovic
11 are individually responsible for the crimes with which
12 they are charged in this indictment pursuant to Article
13 7(1) of the Statute of the Tribunal. Individual
14 criminal responsibility involves planning, instigating,
15 ordering, committing, or otherwise aiding and abetting
16 the planning, preparation, or execution of the acts or
17 omissions set forth below.
18 24. Mladen Naletilic and Vinko Martinovic
19 are also, or alternatively, responsible as superiors
20 for the acts of their subordinates pursuant to
21 Article 7(3) of the Statute of the Tribunal. A
22 superior is responsible for the acts of his
23 subordinates if the superior knew or had reason to know
24 that his subordinate was about to commit such acts or
25 had done so and the superior failed to take the
1 necessary and reasonable measures to prevent such
2 further acts or to punish the perpetrators thereof.
4 Count 1. Persecutions.
5 25. On 17 April, 1993, in the municipality
6 of Jablanica, the KB, along with other HV and HVO
7 units, attacked the villages of Sovici and Doljani and
8 subsequently carried out the forcible transfer of the
9 Bosnian Muslim population, destruction of their
10 properties, and destruction of the mosque of Sovici.
11 Mladen Naletilic was the overall commander of this
12 attack and ordered his subordinates to destroy the
13 Bosnian Muslim properties and the mosque at Sovici, to
14 arrest all of the Bosnian Muslim adult males, and to
15 expel and forcibly transfer Bosnian Muslim civilians to
16 the territory under ABiH control.
17 26. In the municipality of Mostar, the
18 forcible transfer and imprisonment of Bosnian Muslim
19 civilians started simultaneously with the HV and HVO
20 attack on 9 May, 1993 and continued until at least
21 January 1994. However, there were two large waves of
22 forcible transfers and imprisonment: one in the days
23 following the 9 May, 1993 attack and the second during
24 the first days of July 1993. Once the KB and other HVO
25 units had identified persons of Muslim ethnic
1 background, they arrested them, evicted them, plundered
2 their homes, and forcibly transferred them to detention
3 centres under HVO authority, or across the
4 confrontation lines to the territories under ABiH
6 27. Between April 1993 and until at least
7 January 1994, thousands of Bosnian Muslim civilians
8 were interned in the detention centres under HVO
9 authority in the area of Mostar and neighbouring
10 municipalities. Beatings, torture, killings, were
11 common and persistent in these detention facilities.
12 28. The Heliodrom compound, located in
13 Rodoc, municipalities of Mostar, was the main detention
14 centre in the area. Bosnian Muslim civilians and
15 prisoners of war arrested under the command of Mladen
16 Naletilic and Vinko Martinovic were interned in the
17 Heliodrom. Members of the KB mistreated and tortured
18 Bosnian Muslim detainees at the Heliodrom.
19 Furthermore, throughout the relevant period,
20 subordinates to Mladen Naletilic and Vinko Martinovic
21 regularly took detainees from the Heliodrom to the
22 front lines to force them to perform labour and use
23 them as human shields.
24 29. Throughout this period, Mladen Naletilic
25 visited on numerous occasions the Heliodrom camp and
1 had knowledge of the existence of Bosnian Muslim
2 civilian prisoners and the inhuman conditions of this
3 camp and the mistreatment of detainees. Mladen
4 Naletilic was in contact with the commanders of the
5 Heliodrom, had access to the main facilities of the
6 compound, and exerted command over the KB troops based
7 in the compound.
8 30. In the Kalemova street of the city of
9 Mostar, the KB maintained the base of the sub-unit
10 called ATG Mrmak, later named Vinko Skrobo, under the
11 command of Vinko Martinovic. Bosnian Muslim detainees
12 were kept in this base, which was used as centre for
13 the attacks against Bosnian Muslim civilians,
14 particularly evictions, looting, expulsions across the
15 front lines, and use of detainees for forced labour and
16 human shield purposes. Mladen Naletilic regularly
17 visited these premises to meet Vinko Martinovic and
18 other KB members.
19 31. Mladen Naletilic knew of the existence
20 of detention centres in Mostar and neighbouring
21 municipalities other than the Heliodrom in which
22 Bosnian Muslim civilians were interned and mistreated.
23 In particular, Mladen Naletilic had knowledge of the
24 detention centres located in the municipality of
25 Listica-Siroki Brijeg, such as the primary school of
1 Dobrkovici, the MUP police station, and the bases of
2 the KB in Listica-Siroki Brijeg, Ljubuski, and Mostar
3 where Bosnian Muslims were also detained. Bosnian
4 Muslim detainees of the primary school of Dobrkovici
5 were forced to work in Mladen Naletilic's private
7 32. Under the command of Mladen Naletilic
8 and Vinko Martinovic, the KB forcibly transferred
9 Bosnian Muslim civilians to the confrontation line in
10 the municipality of Mostar and forced them to cross the
11 confrontation line towards the ABiH side. Mladen
12 Naletilic and Vinko Martinovic gave orders to expel the
13 Bosnian Muslim population and loot and destroy their
14 houses and properties.
15 33. Throughout this period, Mladen Naletilic
16 and Vinko Martinovic repeatedly tortured Bosnian Muslim
17 detainees, ordered their subordinates to torture
18 Bosnian Muslims, and by their example instigated their
19 subordinates to commit and carry out torture. Severe
20 physical and mental suffering was intentionally
21 inflicted on Bosnian Muslims for the following
22 purposes: to obtain from them information; to punish
23 them; to retaliate due to adverse developments in the
24 front lines; to intimidate them; or based on their
25 ethnicity or religion.
1 34. Between about April 1993 and at least
2 January 1994, Mladen Naletilic, as commander of the KB,
3 and Vinko Martinovic, as commander of the Mrmak or
4 Vinko Skrobo sub-unit of the KB, together with other
5 leaders, agents, and members of the HV and HVO,
6 planned, instigated, ordered, or committed or aided and
7 abetted the planning, preparation, or execution of a
8 crime against humanity through the widespread or
9 systematic persecutions of Bosnian Muslim civilians on
10 political, racial, ethnic, or religious grounds
11 throughout the territory claimed to belong to the HZ-HB
12 and HR-HB by the following means, including, as
13 applicable, the acts and conduct described in Counts 2
14 through 22 below;
15 (a) unlawfully confining, detaining, forcibly
16 transferring, and deporting Bosnian Muslim civilians,
17 including as described in paragraphs 53 and 54;
18 (b) subjecting Bosnian Muslims to torture and
19 inhumane acts, inhuman and cruel treatment, murdering
20 and wilfully killing them, wilfully causing them great
21 suffering, using them to perform unlawful and forced
22 labour, including on the confrontation lines in Mostar,
23 and using them as human shields, which in some
24 instances resulted in their death, including as
25 described in paragraphs 35 to 52;
1 (c) destroying and wantonly devastating
2 Bosnian Muslim dwellings and buildings, including as
3 described in paragraphs 55, 56, and 58; and
4 (d) plundering public and private property of
5 Bosnian Muslims, including as described in paragraph
6 57 --
7 JUDGE JORDA: (Interpretation) Wait,
8 Mr. Registrar.
9 I shall now ask Mr. Martinovic to stand up.
10 Because of what has just been read, the registrar is
11 going to read Count 1. So please read Count 1 and then
12 you will tell us whether you plead guilty or not guilty
13 on Count 1. Please repeat that.
14 THE REGISTRAR: (Interpretation) By these acts
15 and omissions, Mladen Naletilic and Vinko Martinovic
17 Count 1: persecutions on political, rational
18 and religious grounds, a crime against humanity, as
19 recognised by Articles 5(h), 7(1) and 7(3) of the
20 Statute of the Tribunal.
21 JUDGE JORDA: (Interpretation) How do you
22 plead, guilty or not guilty on this count,
23 Mr. Martinovic?
24 THE ACCUSED MARTINOVIC: (Interpretation) Not
1 JUDGE JORDA: (Interpretation) I will take
2 note of your not guilty plea.
3 Mr. Registrar, please record that. You may
4 sit down, Mr. Martinovic. We will continue with the
5 reading of the counts of the indictment.
6 THE REGISTRAR: (Interpretation) Counts 2 to
7 8. Unlawful labour and human shields as inhuman
8 treatment and wilful killing.
9 35. Between about April 1993 and at least
10 through January 1994, Mladen Naletilic, Vinko
11 Martinovic, and their subordinates forced the Bosnian
12 Muslim detainees from the various detention centres
13 under the authority of the HVO to perform labour in
14 military operations and to be used as human shields on
15 the Bulevar and Santiceva streets; Rastani; Stotina;
16 and other locations along the front line in the
17 municipality of Mostar.
18 36. Following the HV and HVO attack on the
19 city of Mostar on 9 May, 1993, the confrontation line
20 with the ABiH was settled along the Bulevar and
21 Santiceva streets. From May 1993 to February 1994, the
22 KB was engaged in fighting along the Bulevar and
23 Santiceva streets and had control over particular
24 sections of this confrontation line. This
25 confrontation line was both the scene of intense small
1 arms fire and artillery exchanges between the opposing
2 factions, and it was the main site to which Bosnian
3 Muslim prisoners were taken to perform forced labour
4 and to be used as human shields.
5 37. From May 1993 through at least January
6 1994, on a regular basis, detainees were taken from the
7 Heliodrom camp and other detention centres to the bases
8 of the KB in the city of Mostar for eventual transfer
9 to the confrontation lines. The detainees were forced,
10 at great risk to their lives, to perform various
11 dangerous military support tasks benefiting the HV and
12 HVO; including: digging trenches, building defences
13 with sandbags, carrying wounded or killed HV or HVO
14 soldiers, carrying ammunition and explosives across the
15 confrontation line, and placing them in front of ABiH
16 positions. These tasks were often performed by the
17 detainees, under conditions which exposed them directly
18 to hostile fire, and thereby served the purpose of
19 protecting HVO soldiers. Consequently, the detainees
20 were turned into human shields. On other occasions,
21 the KB used detainees exclusively to protect the KB and
22 other HV and HVO soldiers from hostile fire or to
23 attract hostile fire on the detainees in order to
24 ascertain the ABiH positions.
25 38. The circumstances of intense fire
1 exchange and the direct exposure of the detainees and
2 prisoners to such fire, adding to the short distance
3 between the two warring factions, presented a high
4 likelihood of death or serious injury to the detainees
5 and prisoners. Mladen Naletilic and Vinko Martinovic
6 were aware of these circumstances. The knowing
7 exposure of the Bosnian Muslim detainees to these
8 conditions resulted in their inhuman treatment and, in
9 some instances, injuries and death.
10 39. From May 1993 to January 1994, Mladen
11 Naletilic repeatedly visited the Heliodrom camp and the
12 bases of the KB in the city of Mostar, where he met his
13 subordinates and detainees. Mladen Naletilic had
14 knowledge of the use of prisoners and detainees for
15 forced labour and human shields and was also aware of
16 the resulting injuries and deaths, based on his
17 presence at the relevant sites and the reports he
18 received from his subordinates.
19 40. Throughout this period, Vinko
20 Martinovic, as the commander of the sub-unit Mrmak or
21 Vinko Skrobo, regularly used detainees for forced
22 labour in military operations and as human shields
23 along the confrontation lines in the city of Mostar.
24 41. On 17 September, 1993, the HV and HVO
25 launched an offensive on the positions of the ABiH
1 along the Bulevar and Santiceva streets in the city of
2 Mostar. As part of this offensive, Vinko Martinovic
3 ordered and directed the use of Bosnian Muslim
4 detainees for military attack purposes in the part of
5 the Bulevar front line under his command. Following
6 the orders of Vinko Martinovic, several detainees were
7 given imitation wooden rifles and military clothing and
8 were forced to walk alongside a tank moving towards the
9 enemy positions. The purpose of this action was to
10 prompt fire from the ABiH positions against the
11 disguised detainees in order that the attacking HVO
12 tank could ascertain these enemy positions.
13 42. On the same day and about the same time,
14 approximately fifteen prisoners and detainees were
15 deployed as human shields in an adjacent section of the
16 Bulevar front line under the command of Vinko
17 Martinovic in order to protect attacking HVO soldiers.
18 Approximately ten detainees were killed as a result of
19 their use as human shields, including the following:
20 1. Aziz Colakovic
21 2. Hamdija Colakovic
22 3. Enis Pajo
23 43. On 23 September, 1993, Mladen Naletilic
24 commanded an attack by the KB on the village of
25 Rastani, municipality of Mostar. In the course of the
1 attack, Bosnian Muslim detainees taken from the
2 Heliodrom were forced to walk in front of the attacking
3 forces and to enter and search enemy positions. The
4 detainees were forced to perform these tasks, exposed
5 to the ongoing exchange of fire at great risk to their
7 44. Throughout this period, Mladen
8 Naletilic, Vinko Martinovic, and their subordinates
9 also forced Bosnian Muslim detainees to perform labour
10 in locations other than the front lines. The Bosnian
11 Muslim detainees were forced, inter alia, to engage and
12 participate in the following works: building,
13 maintenance and reparation works in private properties
14 of the members and commanders of the KB; digging
15 trenches, building defences in the positions of the KB
16 or other HV or HVO forces; and assisting the KB members
17 in the process of looting houses and properties of
18 Bosnian Muslims.
19 JUDGE JORDA: (Interpretation) Will you stand
20 up, Mr. Martinovic? Following what has just been read
21 in the indictment, these are counts from number 2 to
22 number 8. Mr. Registrar is going to read them out, and
23 I will ask you, for each count, whether you plead
24 guilty or not guilty.
25 THE REGISTRAR: (Interpretation) By these acts
1 and omissions, Vinko Martinovic committed:
2 Count 2: inhuman acts, a crime against
3 humanity, as recognised by Article 5(i), 7(1) and 7(3)
4 of the Statute of the Tribunal.
5 JUDGE JORDA: (Interpretation) Do you plead
6 guilty or not guilty, Mr. Martinovic?
7 THE ACCUSED MARTINOVIC: (Interpretation) Not
9 THE REGISTRAR: (Interpretation) Count 3:
10 inhuman treatment, a grave breach of the Geneva
11 Conventions of 1949, as recognised by Articles 2(b) and
12 7(1) and 7(3) of the Statute of the Tribunal.
13 JUDGE JORDA: (Interpretation) Do you plead
14 guilty or not guilty?
15 THE ACCUSED MARTINOVIC: (Interpretation) Not
17 THE REGISTRAR: (Interpretation) Count 4:
18 cruel treatment, a violation of the laws or customs of
19 war, under Statute Article 3, as recognised by Article
20 3(1)(a) of the Geneva Conventions and Statute Articles
21 7(1) and 7(3).
22 JUDGE JORDA: (Interpretation) Do you plead
23 guilty or not guilty?
24 THE ACCUSED MARTINOVIC: (Interpretation) Not
1 THE REGISTRAR: (Interpretation) Count 5:
2 unlawful labour, a violation of the laws or customs of
3 war, under Statute Article 3, as recognised by Article
4 51 of Geneva Convention IV and Articles 49 and 50 of
5 Geneva Convention III, and Statute Articles 7(1) and
7 JUDGE JORDA: (Interpretation) Mr. Martinovic,
8 do you plead guilty or not guilty?
9 THE ACCUSED MARTINOVIC: (Interpretation) Not
11 THE REGISTRAR: (Interpretation) Count 6:
12 murder, a crime against humanity, as recognised by
13 Articles 5(a), 7(1) and 7(3) of the Statute of the
15 JUDGE JORDA: (Interpretation) Do you plead
16 guilty or not guilty, Mr. Martinovic?
17 THE ACCUSED MARTINOVIC: (Interpretation) Not
19 THE REGISTRAR: (Interpretation) Count 7:
20 wilful killing, a grave breach of the Geneva
21 Conventions of 1949, as recognised by Articles 2(a),
22 7(1) and 7(3) of the Statute of the Tribunal.
23 JUDGE JORDA: (Interpretation) Do you plead
24 guilty or not guilty, Mr. Martinovic?
25 THE ACCUSED MARTINOVIC: (Interpretation) Not
2 THE REGISTRAR: (Interpretation) Count 8:
3 murder, a violation of the law or customs of war under
4 Statute Article 3, as recognised by Article 3(1)(a) of
5 the Geneva Conventions, and Statute Articles 7(1) and
7 JUDGE JORDA: (Interpretation) Do you plead
8 guilty or not guilty?
9 THE ACCUSED MARTINOVIC: (Interpretation) Not
11 JUDGE JORDA: (Interpretation) Please be
12 seated. We are now going to read Counts 9 to 12.
13 THE REGISTRAR: (Interpretation) Counts 9 to
14 12. Torture and wilfully causing great suffering.
15 45. Beginning in May 1993 and at least
16 through January 1994, Mladen Naletilic, Vinko
17 Martinovic, and their subordinates tortured or
18 wilfully caused great suffering to Bosnian Muslim
19 civilians and prisoners of war captured by the KB or
20 detained under the authority of the HVO. Severe
21 physical and mental suffering was intentionally
22 inflicted on Bosnian Muslim detainees for the following
23 purposes: to obtain from them information; to punish
24 them; to retaliate due to adverse developments in the
25 front lines; or to intimidate them based on their
1 ethnicity or religion. Throughout this period, Mladen
2 Naletilic and Vinko Martinovic repeatedly committed,
3 aided and abetted torture, wilfully caused great
4 suffering, and by their example instigated and
5 encouraged their subordinates to torture or cause great
6 suffering on Bosnian Muslim detainees.
7 46. Mladen Naletilic committed and
8 instigated the commission of torture or the infliction
9 of great suffering on Bosnian Muslim detainees on 20
10 April, 1993 following the attack against the Bosnian
11 Muslim population of Sovici and Doljani carried out HV
12 and HVO forces under his overall command.
13 47. In the context of the preparations of
14 the HV and HVO attack on Mostar on 7 May, 1993,
15 unidentified members of the KB arrested in Mostar
16 Witness B, whom at the time was a prominent figure
17 within the Bosnian Muslim community, and took him to a
18 base of the KB in Listica-Siroki Brijeg. At that base,
19 Mladen Naletilic and his subordinates tortured
20 Witness B, causing severe injuries.
21 48. Following the HV and HVO attack on
22 Mostar on 10 May, 1993, Mladen Naletilic physically
23 assaulted Witness M, who was a prisoner of war captured
24 in Mostar by Mladen Naletilic's subordinates. Mladen
25 Naletilic hit repeatedly Witness M in an open area of
1 the streets of Mostar, in the presence of his
2 subordinates and other commanders of the HVO.
3 49. Throughout this period, Vinko Martinovic
4 repeatedly beat in the presence of his subordinates
5 Bosnian Muslim detainees in the area under his command
6 and Bosnian Muslim civilians in the process of their
7 eviction and deportation.
8 50. Throughout this period, the beatings and
9 torture of Bosnian Muslim civilians and prisoners of
10 war became a common practice of the members of the KB.
11 Beatings and torture of Bosnian Muslim civilians and
12 prisoners of war were committed by a large number of
13 members of the KB, including commanders. These
14 beatings and tortures were committed at different bases
15 of the KB in Mostar, Listica-Siroki Brijeg, and
16 Ljubuski. Beatings and tortures were also inflicted at
17 other detention centres and camps under the authority
18 of the HVO, such as the Ljubuski prison, the Heliodrom
19 camp. Beatings and tortures were additionally
20 inflicted at several other locations following the
21 capture of prisoners. Mladen Naletilic and Vinko
22 Martinovic knew or had reason to know that their
23 subordinates were about to commit such acts or had done
24 so, and they failed to take the necessary and
25 reasonable measures to prevent such further acts or to
1 punish the perpetrators thereof.
2 JUDGE JORDA: (Interpretation) The accused
3 will now rise and will tell us how you plead on these
4 counts, that is, 9, 10, 11, and 12.
5 THE REGISTRAR: (Interpretation) By these acts
6 and omissions, Vinko Martinovic committed:
7 Count 9: torture, a crime against humanity
8 under Articles 5(f), 7(1) and 7(3) of the Statute of
9 the Tribunal.
10 JUDGE JORDA: (Interpretation) Do you plead
11 guilty or not guilty?
12 THE ACCUSED MARTINOVIC: (Interpretation) Not
14 THE REGISTRAR: (Interpretation) Count 10:
15 torture, a grave breach of the Geneva Conventions of
16 1949, under Statute Article 2(b), and 7(1) and 7(3) of
17 the Statute of the Tribunal.
18 JUDGE JORDA: (Interpretation) Mr. Martinovic,
19 do you plead guilty or not guilty?
20 THE ACCUSED MARTINOVIC: (Interpretation) Not
22 THE REGISTRAR: (Interpretation) Count 11:
23 cruel treatment, a violation of the laws or customs of
24 war, under Statute Article 3, as recognised by Article
25 3(1)(a) of the Geneva Conventions, and Articles 7(1)
1 and 7(3) of the Statute of the Tribunal.
2 JUDGE JORDA: (Interpretation) Do you plead
3 guilty or not guilty, Mr. Martinovic?
4 THE ACCUSED MARTINOVIC: (Interpretation) Not
6 THE REGISTRAR: (Interpretation) Count 12:
7 wilfully causing great suffering or serious injury to
8 body or health, a grave breach of the Geneva
9 Conventions of 1949, under Articles 2(c), 7(1) and 7(3)
10 of the Statute of the Tribunal.
11 JUDGE JORDA: (Interpretation) Mr. Martinovic,
12 do you plead guilty or not guilty on Count 12?
13 THE ACCUSED MARTINOVIC: (Interpretation) Not
15 JUDGE JORDA: (Interpretation) You may be
17 Mr. Registrar, will you now read Counts 13 to
18 17, please?
19 THE REGISTRAR: (Interpretation) Count 13 to
20 17: Murder, wilful killing, and wilfully causing
21 great suffering of Nenad Harmandzic.
22 51. Nenad Harmandzic, son of Salko, born in
23 Mostar on 19 February, 1947, was taken in July 1993
24 with a group of approximately 50 detainees from the
25 Heliodrom camp to the base of the sub-unit of the KB
1 under the command of Vinko Martinovic, known as ATG,
2 (Anti Terrorist Group) Mrmak or Vinko Skrobo, located
3 in the Kalemova street in the city of Mostar. Vinko
4 Martinovic was present at the base and was exercising
5 direct command when the group of prisoners, including
6 Nenad Harmandzic, arrived.
7 52. On the same day, following the arrival
8 of Nenad Harmandzic at the facilities of the Kalemova
9 street, he met Vinko Martinovic and was thereafter the
10 subject of severe beatings by subordinates under the
11 command of Vinko Martinovic. Later on the same day,
12 Nenad Harmandzic was killed by subordinates of Vinko
14 JUDGE JORDA: (Interpretation) Mr. Martinovic,
15 you will rise now.
16 Mr. Registrar?
17 THE REGISTRAR: (Interpretation) By these acts
18 and omissions, Vinko Martinovic committed:
19 Count 13: murder, a crime against humanity,
20 as recognised by Articles 5(A), 7(1) and 7(3) of the
21 Statute of the Tribunal.
22 JUDGE JORDA: (Interpretation) Mr. Martinovic,
23 do you plead guilty or not guilty on Count 13?
24 THE ACCUSED MARTINOVIC: (Interpretation) Not
1 THE REGISTRAR: (Interpretation) Count 14:
2 wilful killing, a grave breach of the Geneva
3 Conventions of 1949, as recognised by Articles 2(A),
4 7(1) and 7(3) of the Statute of the Tribunal.
5 JUDGE JORDA: (Interpretation) Do you plead
6 guilty or not guilty, Mr. Martinovic?
7 THE ACCUSED MARTINOVIC: (Interpretation) Not
9 THE REGISTRAR: (Interpretation) Count 15:
10 murder, a violation of the laws or customs of war,
11 under Statute Article 3, as recognised by Article
12 3(1)(A) of the Geneva Conventions, and Article 7(1) and
13 7(3) of the Statute of the Tribunal.
14 JUDGE JORDA: (Interpretation) Do you plead
15 guilty or not guilty, Mr. Martinovic?
16 THE ACCUSED MARTINOVIC: (Interpretation) Not
18 THE REGISTRAR: (Interpretation)
19 Alternatively, Count 16: cruel treatment, a violation
20 of the laws or customs of war, under Statute Article 3,
21 as recognised by Article 3(1)(a) of the Geneva
22 Conventions and Articles 7(1) and 7(3) of the Statute
23 of the Tribunal.
24 JUDGE JORDA: (Interpretation) Do you plead
25 guilty or not guilty to this count of the indictment,
1 Mr. Martinovic?
2 THE ACCUSED MARTINOVIC: (Interpretation) Not
4 JUDGE JORDA: (Interpretation) Just a moment.
5 Count 17 is also an alternative count. Is that how we
6 should interpret the count?
7 MS. HOLLIS: Yes, Your Honour.
8 JUDGE JORDA: (Interpretation) All right.
9 Thank you. Thank you, Ms. Hollis.
10 THE REGISTRAR: (Interpretation) Count 17, it
11 is also alternatively: wilfully causing great
12 suffering or serious injury to body or health, a grave
13 breach of the Geneva Conventions of 1949, under
14 Articles 2(c), 7(1) and 7(3) of the Statute of the
16 JUDGE JORDA: (Interpretation) Mr. Martinovic,
17 do you plead guilty or not guilty?
18 THE ACCUSED MARTINOVIC: (Interpretation) Not
20 JUDGE JORDA: (Interpretation) You may be
22 Count 18, Mr. Registrar, please.
23 THE REGISTRAR: (Interpretation) Count 18:
24 Forcible transfer.
25 53. On about 17 April, 1993, following the
1 plans and under the overall command of Mladen
2 Naletilic, the KB, along with other HV and HVO forces,
3 attacked the villages of Sovici and Doljani in the
4 municipality of Jablanica. After the capture of
5 Sovici, the attacking forces forcibly interned several
6 hundreds of Bosnian Muslim civilians in the local
7 primary school on 18 and 19 April, 1993. On the
8 following days, the forces under the command of Mladen
9 Naletilic confined the whole of the Bosnian Muslim
10 civilian population of Sovici, around 450 women,
11 children and elderly, to the hamlet of Junuzovici, and
12 forcibly transferred them subsequently to the territory
13 of Gornji Vakuf under the control of the ABiH.
14 54. In the municipality of Mostar, Mladen
15 Naletilic and Vinko Martinovic were responsible for and
16 ordered the forcible transfer of Bosnian Muslim
17 civilians that started on 9 May, 1993 and continued
18 until at least January 1994. The KB members under
19 their command were prominent in the eviction, arrest,
20 and forcible transfers of Bosnian Muslim civilians
21 throughout the relevant period, and particularly during
22 the two large waves of forcible transfers that took
23 place in May and July 1993. Once the KB and other HVO
24 units had identified persons of Muslim ethnic
25 background, they arrested them, evicted them, plundered
1 their homes, and forcibly transferred them across the
2 confrontation lines to the territories under ABiH
3 control. The ABiH held a section of the city which was
4 under siege by the HV and HVO forces, who were shelling
5 intensely the area and preventing the arrival of
6 humanitarian aid and basic supplies. Mladen Naletilic
7 and Vinko Martinovic commanded operations for this
8 purpose and gave orders to their subordinates to
9 proceed with the forcible transfers.
10 JUDGE JORDA: (Interpretation) Mr. Martinovic,
11 you will rise now.
12 Mr. Registrar?
13 THE REGISTRAR: (Interpretation) By these acts
14 or omissions, Vinko Martinovic committed:
15 Count 18: unlawful transfer of a civilian, a
16 grave breach of the Geneva Conventions of 1949, as
17 recognised by Articles 2(g), 7(1) and 7(3) of the
18 Statute of the Tribunal.
19 JUDGE JORDA: (Interpretation) Do you plead
20 guilty or not guilty, Mr. Martinovic?
21 THE ACCUSED MARTINOVIC: (Interpretation) Not
23 JUDGE JORDA: (Interpretation) Thank you. You
24 may sit down.
25 THE REGISTRAR: (Interpretation) Counts 19 to
1 22: Destruction and plunder of property.
2 55. Following the capture of Sovici and
3 Doljani on 17 April, 1993, Mladen Naletilic ordered the
4 destruction of all the Bosnian Muslim houses in the
5 area. The systematic destruction of the Bosnian Muslim
6 houses was carried out by the forces under the
7 authority of Mladen Naletilic, who at the relevant time
8 was in command over the area occupied by the HV and HVO
10 56. Following the capture of Sovici and
11 Doljani on 17 April, 1993, Mladen Naletilic ordered the
12 destruction of the mosque of Sovici. The mosque was
13 destroyed by the forces under the authority of Mladen
14 Naletilic, who at the relevant time was in command over
15 the area occupied by the HV and HVO forces.
16 57. Following the HV and HVO attack on
17 Mostar of 9 May, 1993 and in the context of the
18 subsequent campaign of persecutions against the Bosnian
19 Muslim population, the units under the command of
20 Mladen Naletilic and Vinko Martinovic plundered
21 systematically the Bosnian Muslim houses and
23 58. Following the capture of the village of
24 Rastani, municipality of Mostar, on 23 September, 1993,
25 the forces under the command of Mladen Naletilic
1 destroyed the Bosnian Muslim houses of the village.
2 JUDGE JORDA: (Interpretation) Mr. Martinovic,
3 you will rise.
4 Mr. Registrar?
5 THE REGISTRAR: (Interpretation) By these acts
6 and omissions, Vinko Martinovic committed:
7 Count 19: extensive destruction of property,
8 a grave breach of the Geneva Conventions, recognised by
9 Articles 2(d), 7(1) and 7(3) of the Statute of the
11 JUDGE JORDA: (Interpretation) Do you plead
12 guilty or not guilty, Mr. Martinovic?
13 THE ACCUSED MARTINOVIC: (Interpretation) Not
15 THE REGISTRAR: (Interpretation) Count 20:
16 wanton destruction not justified by military necessity,
17 a violation of the laws or customs of war, as
18 recognised by Articles 3(b), 7(1) and 7(3) of the
19 Statute of the Tribunal.
20 JUDGE JORDA: (Interpretation) Do you plead
21 guilty or not guilty, Mr. Martinovic?
22 THE ACCUSED MARTINOVIC: (Interpretation) Not
24 THE REGISTRAR: (Interpretation) Count 21:
25 plunder of public or private property, a violation of
1 the laws or customs of war, as recognised by Articles
2 3(e), 7(1) and 7(3) of the Statute of the Tribunal.
3 JUDGE JORDA: (Interpretation) Mr. Martinovic,
4 do you plead guilty or not guilty?
5 THE ACCUSED MARTINOVIC: (Interpretation) Not
7 THE REGISTRAR: (Interpretation) Count 22:
8 seizure, destruction, or wilful damage done to
9 institutions dedicated to religion, a violation of the
10 laws or customs of war, as recognised by Articles 3(d),
11 7(1) and 7(3) of the Statute of the Tribunal.
12 JUDGE JORDA: (Interpretation) Do you plead
13 guilty or not guilty, Mr. Martinovic?
14 THE ACCUSED MARTINOVIC: (Interpretation) Not
16 JUDGE JORDA: (Interpretation) Thank you. You
17 may be seated, Mr. Martinovic.
18 Mr. Registrar?
19 THE REGISTRAR: (Interpretation) The
20 indictment was signed by Louise Arbour on the 18th day
21 of December, 1998.
22 JUDGE JORDA: (Interpretation) Thank you,
23 Mr. Registrar.
24 We are now going to organise the work of the
25 Trial Chamber for the weeks to come and remind both
1 sides of their obligations.
2 Let me address first the Office of the
3 Prosecutor. Ms. Hollis, are you going to take the
4 floor, or your colleague, to ask you where you stand,
5 after reminding you of the obligations with respect to
6 the Defence in accordance with the provisions of
7 Article 70(a), that is, disclosure of the supporting
8 material that you provided to Judge May and the
9 previous statements of the accused. You have a
10 deadline of 30 days after the initial appearance. What
11 steps have you taken, what do you intend to do, and
12 where do you stand?
13 MS. HOLLIS: Yes, Your Honour. We have
14 submitted the confirmation material for translation
15 into a language the accused understands. It is further
16 our intention to provide a copy of the supporting
17 material to Defence counsel in the language the
18 material currently is in so that he may begin to review
19 the substance of that material. Those are the steps
20 that we have taken regarding the confirmation
22 JUDGE JORDA: (Interpretation) Yes. For the
23 moment, I wish to make sure that you have disclosed
24 what is necessary under 66(a), that is, the prior
25 statements of the accused.
1 Mr. Seric, do you have all these documents in
2 your hands in your language, in the Serbo-Croatian
4 MR. SERIC: (Interpretation) Your Honour, the
5 Defence has not received anything. We do not have
6 those materials.
7 JUDGE JORDA: (Interpretation) Ms. Hollis, for
8 the moment, counsel does not have those materials. You
9 do have 30 days, but I would like it to be done as soon
10 as possible, that is, the material that you have.
11 Perhaps there's a problem of translation, but you know
12 that as from now, the time is running for the period
13 when everything has to be disclosed for the preliminary
14 motions. I want our debate to start as soon as
15 possible, of course, in the context of our timetable,
16 which is very busy.
17 Ms. Hollis, will you be able to disclose all
18 this to your colleague on the opposite side?
19 MS. HOLLIS: Yes, Your Honour. As I noted
20 earlier, in accordance with the Rule which requires us
21 to provide this material to the accused in a language
22 he understands, we have submitted the material to the
23 translation unit so that it will be translated into the
24 Croatian language for the accused. We have taken that
25 step, with a cover letter to the translation unit
1 indicating the provisions of the Rule, that we must
2 serve this on the Defence counsel within 30 days of
3 today, and we have requested them to make this the
4 highest priority so that we may meet that obligation.
5 To further assist the Defence, we will
6 provide the confirmation material in the language it
7 currently is in, which in this case would be either
8 English for the statements. We also have some
9 documents that are in Spanish. We will provide that
10 material in its original language to the Defence. Our
11 intention is to have that material ready to send to the
12 Defence by Tuesday of next week.
13 We have no statements of the accused, other
14 than any statements we may be aware of that he gave in
15 the courts in Croatia. So at this point, we have no
16 statements of the accused to provide to him.
17 Those are the steps that we have taken, Your
18 Honour, and we are very cognisant of the 30-day rule.
19 JUDGE JORDA: (Interpretation) Thank you. You
20 are replacing your colleague who is the usual legal
21 counsel of this Chamber. Will you make sure that these
22 documents will be served by Tuesday or as quickly as
23 possible? Will you make sure of that? Thank you for
25 Madam Prosecutor, when will you be able to
1 communicate the statements of witnesses, the witnesses
2 that you have called? Do you envisage a long trial or
3 a shorter trial? How many witnesses do you plan to
4 call? Because this will determine not only the Status
5 Conferences, because for the moment I will be in charge
6 of that, I will see whether I could designate one of my
7 colleagues in the next few weeks, but I am now the
8 Pre-trial Judge, and within the framework of these
9 pre-trial proceedings, I am asking you, will the
10 Prosecution have a large number of witnesses to call?
11 MS. HOLLIS: Yes, Your Honour. At this time,
12 we expect the approximate number of witnesses for the
13 Prosecution will be 78.
14 JUDGE JORDA: (Interpretation) We'll talk
15 about that at the Status Conference again. You know
16 that there have been trials here in which up to 100
17 witnesses have been called, but we will come back to
18 that at the Status Conference to see whether we can
19 reduce the number of witnesses. Of course, that is
20 your case, but it is also the concern of the President
21 of the Chamber, who wants to make sure that we work
22 efficiently, bearing in mind the other trials that are
23 within the terms of reference of this Chamber. Thank
24 you. We will be coming back to that at the Status
25 Conference in closed session.
1 Mr. Seric, do you intend, and that is your
2 right, of course, after having been served with all the
3 supporting material with the indictment, have you
4 already, on the basis of the indictment that you have
5 seen, do you intend to submit any preliminary motions?
6 Are you able to tell us that already today?
7 MR. SERIC: (Interpretation) Your Honours,
8 unfortunately I'm not in a position to tell you that
9 today. When I get the supporting material from the
10 Prosecutor, then of course I shall be able to know much
11 more about that and I shall be able to talk about it at
12 the Pre-trial Conference.
13 JUDGE JORDA: (Interpretation) Thank you. I
14 believe we shall have this conference, I believe we
15 shall be able to somehow set a date for it after those
16 30 days. I believe, therefore, that we have the period
17 as of today, 30 days, and we shall be taking note, of
18 course, of the disclosure of documents and the mutual
19 disclosure of documents, and Mr. Dubuisson and others
20 will take care of that.
21 THE REGISTRAR: (Interpretation) Yes, Mr.
23 JUDGE JORDA: (Interpretation) Of course we
24 have to remember that we have a very heavy schedule.
25 We have a trial which is very long, so it will also
1 affect the decision which we have taken, but I believe
2 that the registrar keeps everything under control, and
3 I believe that the Court will come back from the recess
4 on the 30th of August. Then we have General Krstic, I
5 believe that is a trial that begins in the autumn. So
6 will you please, both the Prosecution and the Defence,
7 think well about it after this initial appearance and
8 to indeed abide by the dates which are at your disposal
9 to completely disclose all the documents.
10 At present, I do not think that we can really
11 set in advance the date, but, Ms. Hollis, would you
12 like to add anything else?
13 MS. HOLLIS: No, Your Honour. The
14 Prosecution has nothing further to add at this time.
15 JUDGE JORDA: (Interpretation) Thank you,
16 Ms. Hollis.
17 Mr. Seric, do you have any statements to make
18 or any comments? You know that in this Chamber, as, of
19 course, in others, the legal officer, in this case
20 Mr. Hocking and Mr. Fourmy, who are both extremely
21 talented and hard-working, are there to establish a
22 kind of liaison between the parties, and, of course, I
23 intend to organise a Pre-trial Conference. Have you
24 any observations to make regarding this particular
25 hearing or any others?
1 MR. SERIC: (Interpretation) Your Honours, I
2 have nothing else to say. I am very happy with this
3 initial appearance. Thank you.
4 JUDGE JORDA: (Interpretation) Very well. I
5 should now like to ask Mr. Martinovic to stand.
6 Do you wish to make any statement? First let
7 me ask you your conditions of detention. I think you
8 were transferred on Monday. Are you satisfied with
9 your conditions of detention? Speak quite openly, feel
10 at ease. You are addressing a Judge, and we are ready
11 to hear you. You are satisfied. Very well.
12 Do you have any other statements to make
13 before we adjourn, if you wish to make a statement or
15 THE ACCUSED MARTINOVIC: (Interpretation) No.
16 JUDGE JORDA: (Interpretation) Very well. You
17 may be seated again and wait for the Tribunal, which,
18 on this occasion, I alone represent, to rise and
20 The hearing is adjourned.
21 --- Whereupon the hearing adjourned at
22 5.30 p.m. sine die