1 Wednesday, 17 January 2007
2 [Motion Hearing]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 9.21 a.m.
6 JUDGE ORIE: Good morning to everyone.
7 Madam Registrar, would you please call the case.
8 THE REGISTRAR: Good morning, Your Honours. This is case number
9 IT-96-23/2-PT, the Prosecutor versus Dragan Zelenovic.
10 JUDGE ORIE: Thank you, Madam Registrar.
11 I see that the Prosecution is present. Ms. Uertz-Retzlaff.
12 Mr. Jovanovic for the Defence.
13 Mr. Zelenovic, can you hear me in a language you understand?
14 THE ACCUSED: [Interpretation] Yes, yes, I can hear you.
15 JUDGE ORIE: Mr. Zelenovic, have you had an opportunity to briefly
16 discuss with counsel the new document that has meanwhile been filed with
17 the Court?
18 THE ACCUSED: [Interpretation] Yes, yes, I had the opportunity.
19 JUDGE ORIE: I worked on the basis of a courtesy copy that was
20 provided to the Chamber when I was not in the premises of this Tribunal.
21 I take it that this document has been filed on the 16th of January. These
22 are the transcript pages 6560 up to and including the cover page 6580.
23 Thank you.
24 Then I have a few questions in relation to the latest filing,
25 mainly to ensure that there's no ambiguity whatsoever. I draw the
1 attention to paragraph 5.4 in relation to 5.9. Is it well understood that
2 because of the role Mr. Zelenovic played, that he intends to plead guilty
3 on rape and torture even where he did not personally commit it --
4 personally rape the victims, but his role in its entirety makes him a
5 co-perpetrator? Is that correctly understood?
6 MS. UERTZ-RETZLAFF: Your Honour, as you can see, the distinction
7 in relation to incident paragraph 5.4, he is actually here pleading to
8 have aided and abetted in relation to the victim 75 that he did not rape
9 on that occasion. And he was actually at that time also not in charge,
10 but Gojko Jankovic was. Therefore, we have here aiding and abetting.
11 JUDGE ORIE: I have to apologise, because my question should have
12 been different. What I should have asked you is whether 5.4 should be
13 understood as a substantial assistance by the accused in the rape of
14 victim FWS-75 amounting to aiding and abetting. Is that a correct
16 MS. UERTZ-RETZLAFF: Yes, Your Honour, that's the understanding.
17 JUDGE ORIE: Mr. Jovanovic, that's the understanding of the
18 Defence as well?
19 MR. JOVANOVIC: [Interpretation] Yes, Your Honours. We see this as
20 aiding and abetting. It's not as substantial as to amount to
21 co-perpetration. I think that all instances where it amounts to
22 co-perpetration, it is explicitly stated so. And in this particular case,
23 this is aiding and abetting.
24 JUDGE ORIE: That, for example, would be true for paragraph 6.14
25 in relation to 6.6. I'm here thinking about the two identified and two
1 unidentified women where Mr. Zelenovic is co-perpetrator in relation to
2 all four women. Is that correctly understood?
3 MS. UERTZ-RETZLAFF: Yes, Your Honour.
4 JUDGE ORIE: Mr. Jovanovic, that's your position as well?
5 MR. JOVANOVIC: [Interpretation] Yes, Your Honour.
6 JUDGE ORIE: Then finally I turn to paragraph 9.13 -- 9.3, I'm
7 sorry. The rape under count 49 -- in 9.2 we see an incident where
8 Mr. Zelenovic personally raped victim FWS-87 and the other co-perpetrators
9 raped the other women, the other -- yes, that is FWS-75 and two other
10 women. In 9.3, it reads, "by the foregoing acts and omissions, Dragan
11 Zelenovic committed, rape ..." Is that co-perpetration for all rapes or
12 is it limited to victim FWS-87?
13 MS. UERTZ-RETZLAFF: Your Honour, it is co-perpetration in
14 relation to all the victims. As it is also expressed in 9.2,
15 co-perpetrators is particularly mentioned here.
16 JUDGE ORIE: Mr. Jovanovic, that's your position as well?
17 MR. JOVANOVIC: [Interpretation] Your Honours, my interpretation is
18 that in this particular case this involves the rape of victim 75 by
19 Mr. Zelenovic. It was qualified as rape. My understanding is that he did
20 not participate in the rape of victim 87.
21 JUDGE ORIE: Let me read 9.2. "There, Dragan Zelenovic raped
22 FWS-87 while the other co-perpetrators raped the other women." It is a
23 puzzle for me what you just said. You said, "my interpretation is that in
24 this particular case this involves the rape of victim 75 by Mr.
25 Zelenovic." It was qualified as rape. My understanding is that he did
1 not participate in the rape of victim 87. That's a puzzle to me in view
2 of the text of the submission of yesterday.
3 MR. JOVANOVIC: [Interpretation] I apologise, Your Honour. Dragan
4 Zelenovic, according to the text of the indictment, 9.2, raped victim 87.
5 My interpretation is that co-perpetrators, that is to say, other persons
6 raped other women on that occasion. So co-perpetration pertains to other
7 individuals who, on that occasion, raped other women.
8 JUDGE ORIE: Does he plead guilty to, or does he intend to plead
9 guilty to co-perpetratorship, that is, shared responsibility for all the
10 rapes or just for the rape he committed in respect of victim FWS-87.
11 MR. JOVANOVIC: [Interpretation] My interpretation is that he
12 pleads guilty to raping victim 87.
13 JUDGE ORIE: Madam Uertz-Retzlaff, it seems that, first of all, I
14 do not understand under those circumstances the use of the
15 word "co-perpetratorship," because if I understand you well, it's just
16 Mr. Zelenovic raping one woman, another one raping another woman, which
17 does not result in co-perpetratorship; whereas if you have other people
18 rape women, then you could consider, and then you'd use the word
19 co-perpetratorship, that as a shared responsibility for all the rapes,
20 just as Mr. Zelenovic seems to accept a responsibility on the other
21 occasion - I think I'm talking about 6.10 - where -- no, 6.6 it is, where
22 he did not rape, himself, any of the women, but nevertheless considers
23 himself an aider and abettor -- no, co-perpetrator in 6.6, I think it is.
24 MS. UERTZ-RETZLAFF: Your Honour, just one correction. In 6.6, we
25 have the similar situation that Mr. Zelenovic himself raped one woman and
1 the others were raped.
2 JUDGE ORIE: Yes.
3 MS. UERTZ-RETZLAFF: And also perhaps for Mr. Jovanovic's benefit,
4 if we look at the factual basis of the plea agreement, paragraph 22,
5 actually, Mr. Zelenovic mentioned that he and his co-perpetrators took out
6 the four women, and that he himself raped 87 while the co-perpetrators
7 raped the other three women. So I think it's probably an error by
8 Mr. Jovanovic.
9 JUDGE ORIE: Mr. Jovanovic, so the issue is here whether
10 Mr. Zelenovic, if he would plead guilty to this paragraph 9.3, whether he
11 exclusively sees his role as in relation to victim FWS-87 or whether, in
12 those circumstances, he accepts, as he does in 6.6, that although he raped
13 only one woman, that those present raping several women were
14 co-perpetrators and therefore share responsibility, which of course
15 would -- is what one would understand by the term "co-perpetratorship."
16 Because otherwise these are several separated offences. It might not make
17 that much of a difference on the whole of the case, as a matter of fact,
18 but I leave it up to you to present your position.
19 MR. JOVANOVIC: [Interpretation] Your Honours, I see the difference
20 in relation to the description of events in paragraph 6.6, because in 6.6
21 and similarly in the factual basis or statement of facts, it is stated
22 that Dragan Zelenovic was the one who decided which woman will be
23 allocated to which man, so to speak. And on that basis, he accepts his
24 role as a co-perpetrator, because that was his role in relation to other
25 victims. He was the one who decided which woman would be assigned, so to
1 speak, to which man. We don't have that type of a situation in paragraph
3 JUDGE ORIE: Mr. Jovanovic, that's all fine. It's not the Bench
4 who enters into a plea agreement; it is the parties who do so. And now
5 for the second time, after yesterday, a lot of confusion, a lot of
6 misunderstanding, a lot of -- well, a lot of doubts as to what actually
7 was the subject of the agreement ...
8 [Trial Chamber confers]
9 MR. JOVANOVIC: [Interpretation] [No interpretation]
10 JUDGE ORIE: The Chamber will give you -- yes, Mr. Jovanovic.
11 MR. JOVANOVIC: [Interpretation] Thank you, Your Honour.
12 JUDGE VAN DEN WYNGAERT: What you said wasn't translated, so will
13 you please repeat it.
14 MR. JOVANOVIC: [Interpretation] Yes, I apologise. I will repeat
16 Mr. Zelenovic will plead guilty in accordance with the text of the
17 amended and redacted indictment and as is stated in the statement of
18 facts. Wherever it is stated that he acted as a co-perpetrator, he pleads
19 guilty to co-perpetratorship, just to avoid any further ambiguities.
20 JUDGE ORIE: Mr. Zelenovic, you have heard what Mr. Jovanovic just
21 said. You have the text in front of you. I take it that you understand
22 the difference between co-perpetratorship and committing a rape where
23 others commit a rape as well. That means that you accept that in this
24 context you share with your co-perpetrators responsibility, criminal
25 responsibility, for the rapes committed in that context, even though you
1 yourself raped only victim FWS-87. You understand the difference?
2 THE ACCUSED: [Interpretation] Yes, I understand the difference.
3 JUDGE ORIE: Mr. Jovanovic just told us that you'll enter a plea
4 on the basis of your understanding of count 49, that is, in relation to
5 9.2 in the indictment, that the understanding of entering a plea - and of
6 course we then would expect that it would be a guilty plea - would be on
7 the basis of accepting a shared responsibility for the whole of the events
8 that is in relation to all women raped. Is that correctly understood?
9 THE ACCUSED: [Interpretation] Yes, I understand that, Your Honour.
10 JUDGE ORIE: And you accept that?
11 THE ACCUSED: [Interpretation] Yes.
12 JUDGE ORIE: Then I think everything has been clarified in
13 relation to what actually the plea will be about.
14 Madam Uertz-Retzlaff, I suggest that we do it the following way:
15 I take it that if Mr. Zelenovic pleads guilty to the counts specified in
16 the new document, which is not an amended indictment but just a document
17 which gives us further insight on what exactly is understood when
18 Mr. Zelenovic enters a plea, that once he has entered a plea, that you'll
19 withdraw all the remaining counts or remaining parts of the counts, and
20 you would need leave of the Chamber to withdraw these counts. I suggest
21 to you that you apply for that leave now, that we'll grant leave, and that
22 after Mr. Zelenovic has entered his pleas on certain counts, that you'll
23 then withdraw the remainder of the counts.
24 MS. UERTZ-RETZLAFF: Yes, Your Honour.
25 JUDGE ORIE: But that requires that you now ask our leave to
1 withdraw the remaining counts after Mr. Zelenovic has entered his pleas,
2 and in accordance with the document as you have filed it, together with
3 Mr. Jovanovic, yesterday.
4 MS. UERTZ-RETZLAFF: Yes, Your Honour, I can do that. And I have
5 to make -- draw your attention to one minor issue that relates to the plea
6 agreement. It's the plea agreement, paragraph 3(A). It relates to the
7 withdrawal of charges.
8 JUDGE ORIE: Yes.
9 MS. UERTZ-RETZLAFF: And what the intention was of the parties is
10 to withdraw all accumulated charges related to the events so that he is
11 pleading guilty to seven counts of crime against humanity and that we
12 intended to withdraw the war crime charges, the violations of the laws and
13 customs of war.
14 In this context, there is a minor inaccuracy in paragraph 3(A),
15 and we found it out yesterday when Mr. Jovanovic and I were actually
16 redacting the indictment. We have listed here in this paragraph six
17 counts to be withdrawn. It's actually seven counts. What is omitted in
18 the plea agreement is count 8.
19 So today the Prosecution would request leave to be allowed to
20 withdraw the seven counts of violations of the laws and customs of war,
21 these counts being count 7, count 8, count 15, count 16, count 43, count
22 44, and count 50. That's the -- that's what we would request the Trial
23 Chamber to allow us to do.
24 JUDGE ORIE: We see that already reflected. Let me just check
1 MS. UERTZ-RETZLAFF: It is reflected, actually, in the document,
2 and that's how we saw that it was missing.
3 JUDGE ORIE: Yes. Okay. Thank you for this clarification. I
4 suggest that the Chamber now considers whether leave should be granted.
5 [Trial Chamber confers]
6 JUDGE ORIE: Leave is granted, which of course, Madam
7 Uertz-Retzlaff, doesn't mean that it's yet withdrawn. But I take it that
8 once we have come to the selective invitation to enter a plea, that once
9 we are at a point where all the guilty pleas you expect are there, that
10 you then withdraw the remainder of the counts, which leaves us without any
11 need to further invite Mr. Zelenovic to enter pleas.
12 Then, Mr. Zelenovic, I'll go -- first of all, you followed all the
13 discussions. They were quite some detailed discussions. The Chamber
14 understood both from the plea agreement and from the submission of
15 yesterday that it's your wish to change your plea in respect of many of
16 the counts of the indictment. Is that correctly understood?
17 THE ACCUSED: [Interpretation] Yes.
18 JUDGE ORIE: We also understood that this wish is the result of
19 a -- is part of a plea agreement in which you voluntarily entered --
20 assisted in the, most likely, in the legal negotiations with
21 Mr. Jovanovic. Is that correct?
22 THE ACCUSED: [Interpretation] Yes.
23 JUDGE ORIE: Yes. Then I'll invite you to enter your new plea on
24 the counts of the indictment as I'll put to you, and I'll go through the
25 indictment in some more detail, as I usually do, in order to make sure
1 that you fully understand what you're pleading to.
2 In the indictment we find in paragraphs 1 -- in paragraph 1,
3 that's 1.1 to 1.4, we find a general background description.
4 Then we find in paragraph 2, under 2.4, we find some further
5 details about you, Mr. Zelenovic. This information includes that you were
6 a member of the Dragan Nikolic unit and that you were a soldier and a de
7 facto military policeman.
8 Then under 4 we find some general allegations in which it is
9 explained - and I'm referring now to 4.5 - that witnesses and victims are
10 identified in this indictment using codenames or pseudonyms, and one
11 example now remains as given of such a pseudonym which is the example of
12 victim FWS-75. It only explains the technique used in identifying
13 persons, victims especially, in the indictment.
14 Then the charges against you more specifically, Mr. Zelenovic, are
15 in relation to torture and rape committed in Buk Bijela, set out in
16 paragraphs 5.1 up to and including 5.5 of the indictment. 5.4 of the
17 indictment describes an event where witness FWS-75 was interrogated, was
18 interrogated among others by you. She was warned not to lie or otherwise
19 she would be raped by soldiers and killed afterwards. But since victim
20 FWS-75 did not answer the question sufficiently, she was taken out to
21 another room, and there at least 10 unidentified soldiers have raped her.
22 You did not personally rape the victim on that occasion.
23 The other incident described under paragraph 5 is that another
24 witness, FWS-87, a 15-year-old girl, was interrogated by you and three
25 unidentified soldiers in a room at Buk Bijela, and that during the
1 interrogation she was accused of -- the victim was accused of not telling
2 the truth; that then the interrogators removed her clothing and each one
3 raped her. And it further gives details about the rape and the threats
4 and violence used.
5 This, Mr. Zelenovic, is legally qualified as -- as far as 5.4 is
6 concerned, aiding and abetting, to torture and rape; and as far as 5.5 is
7 concerned, committing torture and rape. So the aiding and abetting is in
8 relation to victim FWS-75, and the commission of torture and rape in
9 relation to victim FWS-87 - that's the incident in paragraph 5.5 - is --
10 that's the rape and the torture.
11 Count 5 thus understood reads that you aided and abetted and/or
12 committed torture, a crime against humanity, punishable under Article 5(f)
13 of the Statute of the Tribunal.
14 Mr. Zelenovic, how do you plead to count 5, guilty or not guilty?
15 THE ACCUSED: [Interpretation] Guilty.
16 JUDGE ORIE: Madam Registrar, would you please record the guilty
17 plea on count 5.
18 THE REGISTRAR: Yes, Your Honour.
19 JUDGE ORIE: Count 6, rape, a crime against humanity, punishable
20 under Article 5(g) of the Statute of the Tribunal, as explained to you
21 before. How do you plead to count 6, Mr. Zelenovic?
22 THE ACCUSED: [Interpretation] Guilty.
23 JUDGE ORIE: Madam Registrar, would you please record the guilty
24 plea on count 6.
25 THE REGISTRAR: Yes, Your Honour.
1 JUDGE ORIE: Then we move on Mr. Zelenovic.
2 THE INTERPRETER: The interpreters can barely hear the accused,
3 Your Honour.
4 JUDGE ORIE: Mr. Zelenovic, you are invited to speak a bit louder.
5 That's also because you are at a distance from the microphone now. If you
6 enter any further new pleas.
7 We now move, Mr. Zelenovic, to torture and rape committed at the
8 Foca High School.
9 After a brief description of circumstances at the Foca High School
10 about detention and about physical/psychological circumstances, the
11 indictment becomes more detailed and describes incidents, and I start with
12 6.6; that on the 6th or 7th of July, 1992, you, in concert with other
13 co-perpetrators, have selected four women, two of them unidentified - one,
14 FWS-75 and one being FWS-87 - you have selected them out of a group of
15 detainees; that you led these women to another classroom where
16 unidentified soldiers stood waiting; and that you then decided which woman
17 should go to which man. The women were ordered to remove their clothes,
18 and at that occasion, you, Mr. Zelenovic, you raped victim FWS-75 and the
19 other perpetrators -- co-perpetrators, as a matter of fact, raped the
20 other women. So that's one incident including four women, you being
21 charged with co-perpetration in respect of all women.
22 Then 6.7, the incident described in 6.7 is not part of the new
23 plea, and I therefore move to 6.8, which is one incident described
24 between -- or about 8th of July and about 13th of July, where victims
25 FWS-75 and FWS-87 were taken from the Foca High School to an apartment
1 building called Brena. You are charged there, Mr. Zelenovic, with having
2 raped on that occasion both victim FWS-75 and victim FWS-87.
3 Then there are two other occasions described under 6.9 of the
4 indictment, two other occasions or incidents where you and several other
5 but unidentified soldiers took victims FWS-75 and FWS-87 to Brena and that
6 you raped them. 6.9 reads that "On these occasions, the accused raped
7 FWS-75 and FWS-87." So two occasions in which you committed rape against
8 both women.
9 Then there's another incident described under 6.10 where victims
10 FWS-75 and FWS-87 were taken by you to an abandoned house of a Muslim
11 policeman in Gornje Polje where you raped victim FWS-87.
12 By these acts I just specified to you, you are charged,
13 Mr. Zelenovic, that you committed rape and torture in relation to two
14 unidentified women and victim FWS-75 and FWS-87.
15 Count 13 deals with the torture charge. I'll read it to
16 you. "Torture, a crime against humanity, punishable under Article 5(f) of
17 the Statute of the Tribunal." Mr. Zelenovic, how do you plead, guilty or
18 not guilty?
19 THE ACCUSED: [Interpretation] Guilty.
20 JUDGE ORIE: Madam Registrar, would you please record a guilty
21 plea on count 13.
22 THE REGISTRAR: Yes, Your Honour.
23 JUDGE ORIE: Count 14, Mr. Zelenovic, reads: "Rape, a crime
24 against humanity, punishable under Article 5(g) of the Statute of the
25 Tribunal." How do you plead?
1 THE ACCUSED: [Interpretation] Guilty.
2 JUDGE ORIE: Madam Registrar, would you please record a guilty
3 plea on count 14.
4 THE REGISTRAR: Yes, Your Honour.
5 JUDGE ORIE: We now move, Mr. Zelenovic, to events that happened
6 at the Partizan Sports Hall. We find them in paragraphs -- in paragraph 7
7 of the indictment, where first a general description of the context, of
8 the circumstances, are given.
9 Specifically, one incident you are charged with we find in
10 paragraph 7.13, which reads that "In July 1992, witness FWS-87 was
11 frequently taken out and raped, and that on one occasion, witness FWS-87
12 was gang-raped by four men, including Dragan Zelenovic." And this
13 happened in July 1992.
14 This results in charges against you under count 41, torture, and
15 42, rape. And the charges are limited to victim FWS-87 only. This
16 clarifies what is found at 7.26 of the indictment.
17 Count 41, Mr. Zelenovic, torture, a crime against humanity,
18 punishable under Article 5(f) of the Statute of the Tribunal. In relation
19 to this one incident at Partizan Sports Hall, how do you plead, guilty or
20 not guilty?
21 THE ACCUSED: [Interpretation] Guilty.
22 JUDGE ORIE: Madam Registrar, would you please record a guilty
23 plea on count 41.
24 THE REGISTRAR: Yes, Your Honour.
25 JUDGE ORIE: Count 42, rape, a crime against humanity, punishable
1 under Article 5(g) of the Statute of the Tribunal. Again, Mr. Zelenovic,
2 in relation to the event just described, how do you plead?
3 THE ACCUSED: [Interpretation] Guilty.
4 JUDGE ORIE: Madam Registrar, would you please record the guilty
5 plea on count 42.
6 THE REGISTRAR: Yes, Your Honour.
7 JUDGE ORIE: Then we move to the last count brought against you,
8 Mr. Zelenovic.
9 The specific event is described in 9.2 of the indictment, which
10 I'll read to you: "On or about the 30th of October, 1992, the three
11 above-mentioned perpetrators, that is Dragan Zelenovic, Gojko Jankovic and
12 Janko Janjic, took FWS-75, FWS-87 and two other women into an apartment
13 near the fish restaurant in Foca." There, Dragan Zelenovic, you raped
14 FWS-87, while the other co-perpetrators raped the other women.
15 By these acts, Mr. Zelenovic, by these acts and omissions, you are
16 charged with having committed rape, co-perpetration of rape, in respect of
17 all these women, although you personally raped only - that means the act
18 of rape was committed by you only - in respect of witness FWS-87.
19 In respect of all these four women, and understanding the charges
20 to be co-perpetrators, on count 49, rape, a crime against humanity,
21 punishable under Article 5(g) of the Statute of the Tribunal, how do you
22 plead, Mr. Zelenovic?
23 THE ACCUSED: [Interpretation] Guilty.
24 JUDGE ORIE: Madam Registrar, would you please record the guilty
25 plea on count 49.
1 THE REGISTRAR: Yes, Your Honour.
2 JUDGE ORIE: Mr. Zelenovic, the Chamber will have to satisfy
3 itself that the guilty pleas you have now entered have been made
4 voluntarily, that no threat or coercion was exercised, that you're
5 informed, that your guilty pleas are not equivocal, and that there is a
6 sufficient factual basis for the crime and for your participation in it.
7 We have spent a lot of time on a proper understanding of what you
8 actually pleaded guilty to, and the Chamber, until now, has no reason to
9 assume that your plea was not made voluntarily or that any threats or
10 coercion was exercised, that your plea was entered uninformed, that your
11 plea was not unequivocal, that there was no sufficient factual basis for
12 the crime and for your participation.
13 If there's anything one of the parties would like to submit in
14 relation to these requirements, they are invited to do so at this moment.
15 Madam Uertz-Retzlaff.
16 MS. UERTZ-RETZLAFF: Your Honour, nothing from the Prosecution.
17 JUDGE ORIE: Mr. Jovanovic.
18 MR. JOVANOVIC: [Interpretation] Likewise for the Defence, Your
20 JUDGE ORIE: Yes. The Defence includes counsel and accused.
21 Mr. Zelenovic, may I take it that you share the view of
22 Mr. Jovanovic?
23 THE ACCUSED: [Interpretation] Yes, that's right.
24 [Trial Chamber confers]
25 JUDGE ORIE: Mr. Jovanovic, the newly entered pleas are accepted
1 by the Trial Chamber. This means that the Chamber makes a corresponding
2 finding of guilt on each of these counts, and again the findings of guilt
3 should be understood together with the document filed yesterday, where the
4 details were set out, and should also be understood in light of the
5 clarifications that have been given during today's hearing.
6 Mr. Zelenovic, this Chamber finds you guilty under count 5 of the
7 indictment, torture, a crime against humanity, punishable under Article
8 5(f) of the Statute of the Tribunal.
9 This Chamber finds you guilty on count 6, rape, a crime against
10 humanity, punishable under Article 5(g) of the Statute of the Tribunal.
11 The Chamber, Mr. Zelenovic, finds you guilty under count 13,
12 torture, a crime against humanity, punishable under Article 5(f) of the
13 Statute of the Tribunal.
14 And the Chamber finds you guilty under count 14, rape, a crime
15 against humanity, punishable under Article 5(g) of the Statute of the
17 The Chamber further finds you guilty, Mr. Zelenovic, under count
18 41, torture, a crime against humanity, punishable under Article 5(f) of
19 the Statute of the Tribunal, and count 42, rape, a crime against humanity,
20 punishable under Article 5(g) of the Statute of the Tribunal.
21 Finally, Mr. Zelenovic, this Chamber finds you guilty under count
22 49 of the indictment, rape, a crime against humanity, punishable under
23 Article 5(g) of the Statute of the Tribunal.
24 Madam Uertz-Retzlaff, may I take it that this is the moment where
25 you will use the leave granted to you to withdraw the remaining counts of
1 the indictment?
2 MS. UERTZ-RETZLAFF: Yes, Your Honour. With the leave of the
3 Trial Chamber, the Prosecution withdraws the remaining counts, them being
4 count 7, count 8, count 15, count 16, count 43, count 44, and count 50.
5 JUDGE ORIE: Yes. And I take it also those parts of the counts
6 that were not covered by the newly entered guilty pleas, the Chamber
7 would, in order to avoid whatever confusion, would like you to file a
8 precise specification of all the counts withdrawn.
9 MS. UERTZ-RETZLAFF: Yes, Your Honour, I will do that.
10 JUDGE ORIE: Yes. Then there's no need at this moment to deal
11 with any of the other counts, them being withdrawn and no new pleas
12 entered there.
13 Next issue is the scheduling of a sentencing hearing. Could I
14 hear from the parties how much time -- Mr. Zelenovic, you may be seated.
15 We're dealing now with practical and technical matters.
16 Can I get an indication from the parties how much time they need
17 for the preparation of a sentencing hearing.
18 MS. UERTZ-RETZLAFF: Your Honour, the Prosecution does not need
19 much time because the Prosecution does not intend to call witnesses in
20 that hearing. So we actually need only, I would say, two weeks to file
21 the sentencing briefs.
22 JUDGE ORIE: Two weeks for filing the sentencing brief. Yes.
23 MS. UERTZ-RETZLAFF: But I assume that --
24 JUDGE ORIE: Yes. Of course I will ask Mr. Jovanovic how much
25 time he would use and what he intends to present in support of the
1 position of the Defence.
2 MR. JOVANOVIC: [Interpretation] Thank you, Your Honour. I would
3 ask for a longer period of time, perhaps around 30 days. The reason being
4 that when presenting our case, when presenting our position pertaining to
5 our proposal for the sentence, I would like to provide some details about
6 the health condition of the accused, which is not great. He is under
7 observation of doctors at the Detention Unit. We are expecting to receive
8 his medical history. And let me just inform you that Mr. Zelenovic
9 recently was hospitalised; therefore, his health condition is rather poor.
10 In addition to supporting our sentence proposal with our
11 arguments, we would also like to enclose the opinion of a medical expert
12 as well as an opinion of a psychologist who would speak of traumas that
13 victims suffered. Given that Mr. Zelenovic pleaded guilty to these
14 crimes, it will not be necessary for the victims to come again to testify
15 here and to be traumatised again. This is something that we want to
16 support with the finding of our expert psychologist, and we need more time
17 for that than the two weeks that the Prosecution asked for.
18 JUDGE ORIE: How much time would you need?
19 MR. JOVANOVIC: [Interpretation] Your Honours, we believe that four
20 weeks would be sufficient.
21 JUDGE ORIE: The parties are granted four weeks to file their
22 pre-sentencing briefs. Of course it makes no sense at this moment to have
23 a date already set, but the registrar is instructed to consult with the
24 Chamber in the near future for setting a date for a sentencing hearing.
25 Mr. Jovanovic, do you intend to -- you said that you did not want
1 to call victims as witnesses. Do you have in mind at all to call any
2 witnesses for the purposes of sentencing?
3 MR. JOVANOVIC: [Interpretation] No, Your Honours, except for the
4 experts, should the Chamber find this necessary, the psychologist whose
5 expert report would be enclosed with our brief. We can call the expert,
6 if necessary, for him or her to answer questions by the Bench or the
8 JUDGE ORIE: If the expert report would be submitted to the
9 Chamber, then, of course, the Prosecution could, I would say, in analogy
10 with Rule 94 bis, could express whether it accepts the report, whether it
11 wants the expert to be called for -- to be cross-examined. Of course the
12 Chamber, even if the Prosecution would not wish to call the expert, the
13 Chamber might have the wish to call the expert. So let's first wait and
14 see what the expert report tells us, and then we can decide whether
15 there's any need to have the expert to be called.
16 Thank you for that. So the four weeks -- today we are the 17th of
17 January. Four weeks from now would be -- Madam Registrar, the exact date,
18 four weeks would be? I haven't got my agenda with me here. That would be
19 the 15th of February?
20 THE REGISTRAR: 14th of February.
21 JUDGE ORIE: So sentencing briefs to be filed not later than the
22 14th of February.
23 Are there any other motions? Are there any matters to be raised
24 at this moment, apart from - and I'll pay some attention to that - the
25 health of Mr. Zelenovic? We'll ask him before we adjourn whether the
1 Chamber should be informed about details of what happened to him.
2 Yes, Madam Uertz-Retzlaff.
3 MS. UERTZ-RETZLAFF: Yes, Your Honour, there is one matter.
4 JUDGE ORIE: Yes.
5 MS. UERTZ-RETZLAFF: And I'll refer to our confidential filing,
6 the confidential joint motion for a consideration of guilty plea, which
7 was filed on the 14th of December, 2006. We have actually mentioned
8 already in that motion that during this hearing, the parties would request
9 that a Trial Chamber's order, that the documents filed in that motion be
10 made public --
11 JUDGE ORIE: Yes.
12 MS. UERTZ-RETZLAFF: -- because we filed it confidentially, but
13 there is no need now any longer for this confidentiality.
14 JUDGE ORIE: Yes.
15 Mr. Jovanovic, any objection against this?
16 MR. JOVANOVIC: [Interpretation] No, Your Honour. Thank you.
17 JUDGE ORIE: Yes.
18 [Trial Chamber confers]
19 JUDGE ORIE: The Trial Chamber, having in mind the requirement of
20 transparency as already expressed in Rule 62 ter, under (C), grants your
21 request, Madam Uertz-Retzlaff. Therefore, the confidentiality of filed
22 documents as mentioned by you now are public documents.
23 Any other matter?
24 MS. UERTZ-RETZLAFF: No, Your Honour.
25 JUDGE ORIE: Mr. Jovanovic?
1 MR. JOVANOVIC: [Interpretation] Nothing else, Your Honour. Thank
3 JUDGE ORIE: Mr. Zelenovic, before we adjourn, it was mentioned
4 that you recently were hospitalised and that your health situation was not
5 very good. Apart from what role that may play in sentencing, if you'd
6 like to inform the Chamber whether or not, in private session, about it,
7 if you consider it good for the Chamber to know what health problems you
8 are facing at this moment, please inform us. At the same time, I say that
9 there's no duty, no obligation, to inform us. It's up to you whether you
10 consider it wise to inform us.
11 THE ACCUSED: [Interpretation] I am being treated now at the
12 Detention Unit.
13 JUDGE ORIE: Yes. I understand your answer to be that your
14 medical problems are taken care of and that further details about your
15 health problems are not such that the Chamber should know about it. Is
16 that correctly understood?
17 THE ACCUSED: [Interpretation] My Defence counsel will inform you.
18 My Defence counsel talked to the doctor.
19 JUDGE ORIE: Mr. Jovanovic, do you see any reason at this moment
20 to inform the Chamber? If you'd prefer to do so in private session,
21 please ask to go into private session. If you say no, it's not relevant,
22 then we'll leave it up to you.
23 MR. JOVANOVIC: [Interpretation] Your Honour, in my brief,
24 sentencing brief, I will inform you of the medical history and everything
25 else that is necessary. As for the treatment that Mr. Zelenovic is
1 receiving, I think that everything is in order. I'm in contact with the
2 relevant authorities in the Detention Unit. Mr. Zelenovic is receiving
3 the necessary treatment.
4 JUDGE ORIE: Thank you very much for this information.
5 We will adjourn sine die.
6 --- Whereupon the Motion Hearing adjourned
7 at 10.21 a.m. sine die