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1 Thursday, 11 November 2004

2 [Open Session]

3 [Further Appearance]

4 [The accused entered court]

5 --- Upon commencing at 3.02 p.m.

6 JUDGE BONOMY: Would the Registrar call the case, please.

7 THE REGISTRAR: Good afternoon, Your Honour. This is case number

8 IT-02-58-I, the Prosecutor of the Tribunal against Ljubisa Beara.

9 JUDGE BONOMY: Thank you. Now, may I have the appearances for the

10 Prosecution.

11 MS. ISSA: Good afternoon, Your Honour. May it please the Court,

12 I appear for the Prosecution. My name is Antionette Issa, and I appear

13 with my colleagues Ms. Caroline Davidson and Ms. Janet Stewart.

14 JUDGE BONOMY: Thank you very much. And for the Defence.

15 MR. OSTOJIC: Good afternoon, Your Honour. My name is John

16 Ostojic, and I'm here on behalf of Mr. Ljubisa Beara. I'd like to also

17 thank the Court and your staff for accommodating us, and I apologise for

18 what occurred two days ago. Thank you for your accommodation.

19 JUDGE BONOMY: This was something that was unforeseen,

20 Mr. Ostojic.

21 MR. OSTOJIC: That's correct, Your Honour, it was.

22 JUDGE BONOMY: Well, we reached the stage on Tuesday where some

23 indication was given that your client would be in a position to tender

24 pleas today. Is that the case?

25 MR. OSTOJIC: Yes, it is, Your Honour.

Page 10

1 JUDGE BONOMY: Now, he has seen the indictment and discussed it

2 with you.

3 MR. OSTOJIC: Yes, he has, Your Honour.

4 JUDGE BONOMY: You're satisfied that he fully understands the

5 terms of the indictment?

6 MR. OSTOJIC: To some extent I do agree, yes, Your Honour.

7 JUDGE BONOMY: Well, what do you mean by that?

8 MR. OSTOJIC: Well, because, quite frankly, I don't know that,

9 with all due respect, any of us can fully understand the indictment, but

10 with that exception, yes.

11 JUDGE BONOMY: He understands the terms of the allegations which

12 are made against him in the indictment.

13 MR. OSTOJIC: He does, Your Honour, yes.

14 JUDGE BONOMY: Now, did you and he require that the indictment

15 should now be read in full here in court?

16 MR. OSTOJIC: We do not, Your Honour.

17 JUDGE BONOMY: So you waive that right.

18 MR. OSTOJIC: Yes, we do, Your Honour.

19 JUDGE BONOMY: And you do that with your client's full authority.

20 MR. OSTOJIC: Yes, Your Honour.

21 JUDGE BONOMY: Very well. What I propose, then, is that the

22 Registrar will read the terms of each specific charge - these are fairly

23 brief - directly to Mr. Beara, and give him the opportunity to indicate

24 whether he pleads guilty or not guilty in respect of each of these

25 charges.

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1 Do you approve of that procedure?

2 MR. OSTOJIC: Yes, I do, Your Honour.

3 JUDGE BONOMY: Thank you very much.

4 Mr. Beara, could you stand, please. What will now happen is that

5 the terms of each one of the six charges against you will be read to you

6 by the Registrar, and when she has read each one, she will ask you whether

7 you plead guilty or not guilty, and you should answer that question. In

8 fact, it will be a total of seven times, because charge 1 is in two forms,

9 1A, and the alternative, 1B, and then there follow charges 2 to 6.

10 Now, do you understand the procedure we will follow?

11 THE ACCUSED: [Interpretation] Yes.

12 JUDGE BONOMY: Thank you. Madam Registrar, will you now follow

13 that course. Thank you.

14 THE REGISTRAR: You are charged with count 1A, genocide punishable

15 under Articles 4(3)(a) and 7(1) of the Statute of the Tribunal. How do

16 you plead; guilty or not guilty?

17 THE ACCUSED: [Interpretation] Not guilty.

18 THE REGISTRAR: You are charged with count 1B, complicity to

19 commit genocide, punishable under Articles 4(3)(e) and 7(1) of the Statute

20 of the Tribunal. How do you plead; guilty or not guilty?

21 THE ACCUSED: [Interpretation] Not guilty.

22 THE REGISTRAR: You are charged with count 2, extermination, a

23 crime against humanity, punishable under Articles 5(b) and 7(1) of the

24 Statute of the Tribunal. How do you plead; guilty or not guilty?

25 THE ACCUSED: [Interpretation] Not guilty.

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1 THE REGISTRAR: You are charged with count 3, murder, a crime

2 against humanity, punishable under Articles 5(a) and 7(1) of the Statute

3 of the Tribunal. How do you plead?

4 THE ACCUSED: [Interpretation] Not guilty.

5 THE REGISTRAR: You are charged with count 4, murder, a violation

6 of the laws or customs of war, punishable under Articles 3 and 7(1) of the

7 Statute of the Tribunal. How do you plead?

8 THE ACCUSED: [Interpretation] Not guilty.

9 THE REGISTRAR: Count 5, persecutions on political, racial and

10 religious grounds, a crime against humanity, including murder, cruel and

11 inhumane treatment, terrorising the civilian population, destruction of

12 personal property, and forcible transfer, punishable under Articles 5(h)

13 and 7(1) of the Statute of the Tribunal. How do you plead?

14 THE ACCUSED: [Interpretation] Not guilty.

15 THE REGISTRAR: Count 6, inhumane acts (forcible transfer), a

16 crime against humanity, punishable under Articles 5(i) and 7(1) of the

17 Statute of the Tribunal. How do you plead?

18 THE ACCUSED: [Interpretation] Not guilty.

19 JUDGE BONOMY: Thank you, Mr. Beara. You may sit down.

20 THE ACCUSED: Thank you, Your Honour.

21 JUDGE BONOMY: In light of the pleas which you have tendered, the

22 Registrar will be instructed to fix a date for your trial in due course.

23 Now, Mr. Ostojic, is there any matter that you wish to raise at

24 this stage?

25 MR. OSTOJIC: I do not, Your Honour.

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1 JUDGE BONOMY: Thank you very much. In that event, the accused

2 will remain in custody until further order.

3 Ms. Issa, is there any matter you wish to raise?

4 MS. ISSA: No. Thank you, Your Honour.

5 JUDGE BONOMY: Can I take it that disclosure has been made in

6 terms of Rule 66?

7 MS. ISSA: It has been, yes, Your Honour, and we will continue to

8 make disclosure in this case.

9 JUDGE BONOMY: Thank you very much.

10 Well, the next formal step in the process which has to be provided

11 for is the first Status Conference. By my calculation, the deadline for

12 holding that Status Conference is the 10th of February. What I propose is

13 to indicate now, and further notice will be given to this effect, that the

14 Status Conference is likely to be held on the 9th of February.

15 Now, if either of you find any difficulty with that, please

16 indicate now. No. Well, in that event, I'll simply fix that as the date

17 for the Status Conference.

18 Ms. Featherstone, do we need a time for that or will you intimate

19 a time? So it will be the 9th of February, p.m.

20 So that completes this hearing to take the pleas of Mr. Beara and

21 brings the proceedings to date to a conclusion.

22 --- Whereupon the Further Appearance adjourned

23 at 3.11 p.m.