1 Thursday, 28 April 2005
2 [Initial Appearance]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 2.30 p.m.
6 JUDGE BONOMY: Good afternoon, everyone. Would the Registrar
7 please call the case.
8 THE REGISTRAR: Good afternoon, Your Honours. This is case
9 number IT-03-70-I, the Prosecutor versus Nebojsa Pavkovic.
10 JUDGE BONOMY: This afternoon, the Court is convened to conduct
11 the initial appearance of Nebojsa Pavkovic.
12 Mr. Pavkovic, could you stand, please.
13 Can you confirm to me that you can hear the proceedings in your
14 own language and are able to follow what has happened so far.
15 THE ACCUSED: [Interpretation] I can hear everything and I have
16 understood everything.
17 JUDGE BONOMY: Thank you very much. Please be seated.
18 Now, may I take the appearances. For the Prosecutor?
19 MR. HANNIS: Thank you, Your Honour. I'm Thomas Hannis on behalf
20 of the Office of the Prosecutor, I'm assisted by trial attorneys,
21 Christina Moeller and Carolyn Edgerton on my right, and the case manager
22 Susan Grogan.
23 JUDGE BONOMY: Thank you very much and for the accused, Mr.
25 MS. LOUKAS: Thank you, Your Honour. I can indicate for the
1 accused, Chrissa Loukas as assigned duty counsel.
2 I'd also indicate, Your Honour, that I was assigned this morning
3 and I'm accompanied by Mr. Aleksic. Mr. Pavkovic has applied for
4 Tribunal legal aid and has sought to have Mr. Aleksic as his assigned
5 counsel. My understanding at this stage is that Mr. Aleksic is not on
6 the list of eligible counsel and in the limited time available, the
7 Registry has not been able to determine eligibility. However, Mr.
8 Pavkovic has requested that Mr. Aleksic be present in court today for the
9 initial appearance and I make an application in that regard.
10 JUDGE BONOMY: Well, Ms. Loukas, I was alerted this morning to
11 the interest that Mr. Aleksic may have in the case and his current
12 involvement in advising the accused, Mr. Pavkovic, and I'm grateful to
13 him for the assistance he has been providing and would encourage him to
14 continue to do that. Meanwhile I recognise his presence in the court.
15 I'm happy to see him here and I'm grateful to you for proposing that he
16 should be here.
17 MS. LOUKAS: Thank you, Your Honour.
18 JUDGE BONOMY: Now, the principal purpose of this hearing is to
19 ascertain the position of the accused at this stage in relation to the
20 charges against him. One thing that he might do is insist that the
21 indictment, which is a very substantial document, is read in full. What
22 is his position, Ms. Loukas, in that regard?
23 MS. LOUKAS: Yes, Your Honour. I can indicate that the Defence
24 waives the reading of the indictment and that has been discussed with Mr.
1 JUDGE BONOMY: Thank you very much.
2 Now, Mr. Pavkovic, I have to ask you to stand just briefly once
3 more, please.
4 Can you confirm to me, first of all, for the purposes of the
5 record of these proceedings, your full name.
6 THE ACCUSED: [Interpretation] Mr. President, I am Nebojsa
7 Pavkovic, Colonel General of the army of Yugoslavia, retired.
8 JUDGE BONOMY: What is your date of birth?
9 THE ACCUSED: [Interpretation] Mr. President, I was born in 1946
10 on the 10th of April.
11 JUDGE BONOMY: And can you give me, please, the address at which
12 you were residing immediately before you left to come to The Hague.
13 THE ACCUSED: [Interpretation] Mr. President, my address is
14 Belgrade, the street of Molerova [phoen], number 11.
15 JUDGE BONOMY: Now, Mr. Pavkovic, can I take it that you have
16 seen the indictment in your own language and been able to read it in
18 THE ACCUSED: [Interpretation] Mr. President, I have received the
19 indictment. I have read it and I am fully familiarised with it.
20 JUDGE BONOMY: And have you been able to take advice from a
21 lawyer of your choice on the plea, if any, which you should tender at
22 this stage?
23 THE ACCUSED: [Interpretation] Mr. President, I have taken advice
24 from a lawyer, and I have decided on my plea.
25 JUDGE BONOMY: And can I therefore proceed to take your plea from
1 you now?
2 THE ACCUSED: [Interpretation] Mr. President, yes.
3 JUDGE BONOMY: Mr. Pavkovic, I am going to read certain parts
4 from the indictment, the crucial elements, so that you will be able to
5 tender your plea, and when I come to each of the five counts against you,
6 I will ask you whether you plead guilty or not guilty, and you should
7 answer in respect of each of these charges separately as I come to them.
8 Now, do you understand that?
9 THE ACCUSED: [Interpretation] Mr. President, I understand that
11 JUDGE BONOMY: Now, Mr. Pavkovic, the indictment charges you
12 along with three others, two of whom have appeared before the Tribunal
13 already in the same situation as you do now. That's Vladimir Lazarevic
14 and Sreten Lukic, and one of whom has not appeared, that is Vlastimir
15 Djordjevic. You're charged along with each of them that you are
16 individually responsible for crimes alleged under Articles 3, 5 and 7(1)
17 of the Statute of the Tribunal. It is said that you planned, instigated,
18 ordered, committed or otherwise aided and abetted in the planning,
19 preparation or execution of these crimes.
20 However, by using the word "committed" in the indictment the
21 Prosecutor does not suggest that you physically perpetrated any of the
22 crimes charged personally. "Committing" refers to participation or being
23 part of a joint criminal enterprise as a co-perpetrator. It is said in
24 the indictment that the purpose of the joint criminal enterprise was,
25 among other things, the expulsion of a substantial portion of the Kosovo
1 Albanian population from the territory of the province of Kosovo in an
2 effort to ensure continued Serbian control over the province.
3 It is said that to fulfil that criminal purpose, each of you
4 acting individually or along with the others, and indeed with other
5 people both it is said known and unknown, that you significantly
6 contributed to the joint criminal enterprise, using the legal and factual
7 powers available to you.
8 It is also stated that the joint criminal enterprise came into
9 existence no later than October 1998 and continued until 20th June 1999,
10 and it is said that the crimes which are alleged in the indictment were
11 committed between the 1st of January and the 20th of June 1999.
12 Now, that's the allegation of direct individual criminal
14 There is also an allegation that the crimes set out in Counts 1
15 to 5 were within the object of the joint criminal enterprise, or
16 alternatively, that the crimes set out in counts 3 to 5 were natural and
17 foreseeable consequences of the joint criminal enterprise.
18 Now, separately from these allegations of individual criminal
19 responsibility, there is an allegation which is made against you and the
20 other three co-accused, that while holding positions of superior
21 authority you were responsible for the acts or omissions of your
22 subordinates. Now, that allegation is made in terms of Article 7(3) of
23 the Statute of the Tribunal. A superior is responsible under that
24 Article for the criminal acts of his subordinates if he knew or had
25 reason to know that they were about to commit these acts or had done so
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 and failed to take necessary and reasonable measures to prevent the acts
2 or to punish the perpetrators.
3 So these are the two separate bases on which it is said you are
4 criminally liable.
5 I turn now to the particular counts against you, numbers 1 to 5.
6 The first of these is that by the acts and omissions set out in
7 paragraphs 21 to 29 of the indictment, you along with your co-accused,
8 other named persons in the indictment, and others known and unknown,
9 planned, instigated, ordered, committed or otherwise aided and abetted
10 the planning, preparation or execution of Count 1, deportation, a crime
11 against humanity, punishable under Article 5(d) of the Statute of the
12 Tribunal. To that charge, Mr. Pavkovic, do you plead guilty or not
14 THE ACCUSED: [Interpretation] Mr. President, to that charge in
15 the indictment, I plead not guilty.
16 JUDGE BONOMY: Thank you.
17 I move then to Count 2, in which it is said that by the acts and
18 omissions set out in paragraphs 21 to 30, and in particular paragraph 25,
19 you and the others I've already mentioned planned, instigated, ordered,
20 committed or otherwise aided and abetted the planning, preparation or
21 execution of Count 2, other inhumane acts, in particular forcible
22 transfer, a crime against humanity, punishable under Article 5(1) of the
23 Statute of the Tribunal.
24 To that charge, Mr. Pavkovic, do you plead guilty or not guilty?
25 THE ACCUSED: [Interpretation] Mr. President, I plead not guilty.
1 JUDGE BONOMY: Thank you.
2 Count 3 is in these terms: That by the acts and omissions set
3 out in paragraphs 21 to 32 of the indictment, you and the others already
4 mentioned planned, instigated, ordered, committed or otherwise aided and
5 abetted the planning, preparation or execution of Count 3, murder, a
6 crime against humanity, punishable under Article 5(a) of the Statute of
7 the Tribunal.
8 To that count, Mr. Pavkovic, do you plead guilty or not guilty?
9 THE ACCUSED: [Interpretation] Mr. President, I plead not guilty.
10 JUDGE BONOMY: On exactly the same factual basis, you are charged
11 with Count 4, also a charge of murder, but this time as a violation of
12 the laws or customs of war, punishable under Article 3 of the Statute of
13 the Tribunal and recognised by Article 3(1)(A) of the Geneva Conventions.
14 To that count, Mr. Pavkovic, do you plead guilty or not guilty?
15 THE ACCUSED: [Interpretation] Mr. President, I plead not guilty.
16 JUDGE BONOMY: Thank you.
17 And I now deal with the last of the five counts in these terms,
18 that by the act and omissions set out in paragraphs 21 to 34 of the
19 indictment, you and the others already mentioned planned, instigated,
20 ordered, committed or otherwise aided and abetted the planning,
21 preparation or execution of Count 5, persecutions, on political, racial
22 and religious grounds, a crime against humanity punishable under Article
23 5(h) of the Statute of the Tribunal. To that charge, Mr. Pavkovic, do
24 you plead guilty or not guilty?
25 THE ACCUSED: [Interpretation] Mr. President, I plead not guilty
1 to that charge as well.
2 JUDGE BONOMY: Thank you, Mr. Pavkovic. You may sit for the
4 In light of the pleas that you have tendered, these pleas of not
5 guilty, the Registrar will be instructed to fix a date for trial when
6 appropriate. Meanwhile, you will remain in custody, as I am certain you
7 have already been advised.
8 Now, Mr. Hannis, can you assist me with an indication of the
9 likely date on which you will have complied with your initial obligation
10 of disclosure.
11 MR. HANNIS: Your Honour, I'm advised we can do that by the end
12 of next week.
13 JUDGE BONOMY: Thank you.
14 Now, Mr. Pavkovic, when you receive the documents you are bound
15 to receive initially, that is the documents which have been submitted in
16 support of the indictment and any statements that were taken from you,
17 once you receive these, you have 30 days in which to submit to the
18 Tribunal any preliminary motions which you wish to make. So that --
19 these are the only dates that you immediately need to be concerned about.
20 You will be advised by your counsel of other significant dates as they
22 THE ACCUSED: [Interpretation] Mr. President, I have understood
23 what you explained to me just now.
24 JUDGE BONOMY: Thank you.
25 Now, Ms. Loukas, is there any matter you wish to raise at this
2 MS. LOUKAS: No, there isn't, Your Honour.
3 JUDGE BONOMY: I understand Mr. Pavkovic has certain health
4 problems. Is there anything that I need to be concerned about in that
6 MS. LOUKAS: I covered that matter briefly with Mr. Pavkovic
7 during my initial conference today and there is nothing that we need to
8 alert Your Honour to at the moment.
9 JUDGE BONOMY: Is it appropriate, do you consider, for me to
10 direct the same question to him?
11 MS. LOUKAS: Yes, Your Honour. I think it is appropriate.
12 JUDGE BONOMY: Thank you.
13 Mr. Pavkovic, just finally, are there any matters that you wish
14 to raise with me in connection either with the proceedings or the
15 circumstances in which you've come here or the circumstances in which you
16 are presently being detained?
17 THE ACCUSED: [Interpretation] Mr. President, as for the condition
18 of my health, right now I am fit. And I have been fully made aware of
19 the indictment, IT-03-70-I, and I have pleaded with the full awareness of
21 As for my further treatment, specialist checkups are under way
22 here at clinics in The Hague, and there is no problem in that respect
24 JUDGE BONOMY: Thank you very much.
25 THE ACCUSED: [Interpretation] Secondly, in relation to the
1 question that you put, as for the way I have been treated ever since I
2 arrived on Dutch soil, I have been treated fairly, ever since I was
3 admitted by the official authorities of the Tribunal, as I was
4 transferred to the Detention Unit, in terms of staying at the Detention
5 Unit, also my contacts with the administration and the staff, the
6 standard in that respect, and I have no objections whatsoever. On the
8 JUDGE BONOMY: Thank you very much.
9 THE ACCUSED: [Interpretation] Thirdly, I wish to thank you in
10 particular for having made it possible for my Defence counsel, Mr.
11 Aleksic, to attend these proceedings. I have authorised him to represent
12 me pro bono in this case. Thank you.
13 JUDGE BONOMY: Should I retain control of this case, and at the
14 moment I do not know whether it is a case which will remain with me a
15 Pre-Trial Judge, but if I do retain control, what I would hope would
16 happen is that any communications that have to be made on your behalf
17 will be made through your counsel. You've started on a very firm footing
18 of a good relationship with counsel present in court. It is of great
19 assistance to the conduct of proceedings in this Tribunal when there is a
20 good working relationship between the accused and his counsel. So I
21 invite to you bear that carefully in mind as the proceedings progress.
22 I'm extremely grateful to counsel on both sides for the
23 assistance they have provided in expediting these proceedings this
24 afternoon. And I now think it appropriate to adjourn the proceedings.
25 Thank you very much.
1 MR. HANNIS: Your Honour?
2 JUDGE BONOMY: Sorry, Mr. Hannis.
3 MR. HANNIS: Sorry, before you go I just wanted to clarify one
4 matter on the record. I am assuming we will have some verification as to
5 who the counsel is to whom that should be made.
6 JUDGE BONOMY: Yes. I understand that. Thank you very much.
7 --- Whereupon the Initial Appearance adjourned
8 at 2.55 p.m.