1 Tuesday, 30 September, 2003

2 [Plea Hearing]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 12.21 p.m.

6 JUDGE SCHOMBURG: Good afternoon. Please be seated. May I ask

7 Madam Registrar, please call the case.

8 THE REGISTRAR: Good afternoon, Your Honours. Case number

9 IT-02-61-PT, the Prosecutor versus Miroslav Deronjic.

10 JUDGE SCHOMBURG: Thank you. And may I have the appearances for

11 the parties. For the Prosecution, please.

12 MR. HARMON: Good afternoon, Mr. President and Your Honours,

13 colleagues from the Defence. My name is Mark Harmon. To my right is

14 Ms. Camille Bibles. To her right is Mr. Fergal Gaynor. We represent the

15 Office of the Prosecutor in these proceedings.

16 JUDGE SCHOMBURG: For the Defence.

17 MR. CVIJETIC: [Interpretation] Good afternoon, Your Honours; good

18 afternoon colleagues from the Prosecution. I'm Slobodan Cvijetic,

19 attorney-at-law and I'm Defence counsel for Miroslav Deronjic. Next to me

20 is my colleague, also an attorney-at-law, Slobodan Zecevic, co-counsel.

21 JUDGE SCHOMBURG: And my I finally ask, because this is a Status

22 Conference -- scheduled as a Status Conference, first, Mr. Deronjic, can

23 you follow the proceedings in a language you understand; and secondly, do

24 you have any health problems in this very moment?

25 THE ACCUSED: [Interpretation] I can follow, Your Honour, the

1 Status Conference in a language I understand, and I have no health

2 problems at this point in time.

3 JUDGE SCHOMBURG: Thank you. You may be seated again. This

4 morning, following a long conversation amongst the parties, a bunch of

5 documents was filed, and this forms now the basis of the proceedings to

6 follow. Especially we have to deal with a Plea Agreement, with an Amended

7 Indictment, and with an additional Factual Basis. But I think it's only

8 reasonable before we turn to these points to ask the Defence: There is

9 still a motion pending on an alleged illegal arrest. What about this

10 motion?

11 MR. CVIJETIC: [Interpretation] Your Honours, the Defence withdraws

12 this motion because we believe that it is unnecessary to rule on that

13 motion at this point in time. Thank you.

14 JUDGE SCHOMBURG: May I hear why this caveat "at this point in

15 time"? Do you want to withdraw your motion without any condition or under

16 condition?

17 MR. CVIJETIC: [Interpretation] We withdraw this motion. We give

18 up on it altogether definitely.

19 JUDGE SCHOMBURG: Thank you for this clarification.

20 For purposes of transparency, it seems to be necessary that the

21 Plea Agreement be read out in its entirety. I think we can delete the

22 introduction, but please may I ask first the Prosecution and the parties

23 having filed the motion confidential, are there any obstacles to lift the

24 confidentiality?

25 MR. HARMON: Mr. President, we would move that the seal on all of

1 the three documents that have been filed be lifted at this point in time,

2 and we would later make a motion to amend the existing indictment and have

3 the Court accept the Second Amended Indictment in its place.

4 JUDGE SCHOMBURG: Any objections by the Defence?

5 MR. CVIJETIC: [Interpretation] No, Your Honours. The Defence has

6 no objections.

7 JUDGE SCHOMBURG: The confidential -- confidentiality is lifted at

8 the same time, Therefore, we can discuss it in open court, and may I

9 therefore ask Madam Registrar please to read out the plea as such, terms

10 of the agreement are as follows, and then continue with that what we can

11 read in the Plea Agreement signed. Please.

12 THE REGISTRAR: Yes, Your Honours. The terms of the agreement are

13 as follows:

14 Plea.

15 Miroslav Deronjic agrees to plead guilty to persecutions on

16 political, racial, and religious grounds, a crime against humanity

17 (hereinafter "persecutions"), punishable under Articles 5(h) and 7(1) of

18 the Statute of the Tribunal (hereinafter "Statute"), as alleged in the

19 Second Amended Indictment.

20 A written Factual Basis supporting the crime of persecutions,

21 punishable under Article 5(h) of the Statute and Miroslav Deronjic's

22 participation in it has been prepared and filed with the Trial Chamber

23 (hereinafter "Factual Basis"). Miroslav Deronjic has reviewed with his

24 attorneys the Factual Basis. Miroslav Deronjic adopts the Factual Basis

25 and agrees that he is pleading guilty to the charge of persecutions

1 contained in the Second Amended Indictment because he is in fact guilty

2 and acknowledges full responsibility for his actions that are described

3 therein.

4 Nature of the Offence.

5 Miroslav Deronjic understands that the Prosecution would have had

6 to prove each of the following elements beyond a reasonable doubt for him

7 to be found guilty of persecutions:

8 (a) the existence of an armed conflict;

9 (b) the existence of a widespread or systematic attack directed

10 against a civilian population;

11 (c) the accused's conduct was related to the widespread or

12 systematic attack directed against a civilian population;

13 (d) the accused had knowledge of the wider context in which his

14 conduct occurred;

15 (e) the accused committed acts or omissions against a victim or

16 victim population violating a basic or fundamental human right;

17 (f) the accused intended to commit the violation;

18 (g) the accused's conduct was committed on political, racial or

19 religious grounds; and

20 (h) the accused's conduct was committed with a conscious intent to

21 discriminate.

22 Penalty and Sentencing.

23 Miroslav Deronjic understands that the maximum sentence that can

24 be imposed by the Trial Chamber for a guilty plea to the charge of

25 persecutions contained in the Second Amended Indictment is a term of

1 imprisonment for a term up to and including the remainder of the convicted

2 person's life as described in Rule 101(A).

3 Miroslav Deronjic understands that the Trial Chamber shall not be

4 bound by any agreement specified in Rule 62 ter (A) of the Tribunal's

5 Rules of Procedure and Evidence.

6 In determining the sentence, the Trial Chamber shall, pursuant to

7 Article 24(2) of the Statute, take into consideration such factors as the

8 gravity of the offence and the individual circumstances of the convicted

9 person as well as those factors described in Rule 101(B): any aggravating

10 circumstances; any mitigating circumstances including the substantial

11 cooperation with the Prosecution before or after conviction; the general

12 practice regarding prison sentences in the courts of the former

13 Yugoslavia.

14 Based on all of the factors and considerations mentioned in the

15 preceding paragraph, the Defence will recommended to the Trial Chamber

16 that it impose a term of imprisonment of no more than six years.

17 Pursuant to Rule 101(C), Miroslav Deronjic shall be given credit

18 for the period during which he was detained in custody pending the

19 imposition of sentence by the Trial Chamber.

20 Consideration by the Prosecutor.

21 In exchange for Miroslav Deronjic's plea of guilty to the charge

22 of persecutions contained in the Second Amended Indictment, the Prosecutor

23 agrees to the following:

24 (a) based on Miroslav Deronjic's full and substantial cooperation

25 with the Office of the Prosecutor, the Prosecutor will recommended to the

1 Trial Chamber that it impose a term of 10 years imprisonment. Miroslav

2 Deronjic understands that the Trial Chamber is not bound to accept the

3 Prosecution's recommendation and may impose a sentence above or below the

4 Prosecution's recommended sentence. The imposition of such a sentence

5 will not vitiate the plea of guilty;

6 (b) the Prosecutor will take necessary and reasonable steps to

7 ensure the safety and protection of Miroslav Deronjic and members of his

8 family;

9 (c) Miroslav Deronjic's guilty plea represents a full accounting

10 of his criminal behaviour for the 9 May 1992 events in the village of

11 Glogova;

12 (d) the Prosecutor will advise any national domestic court

13 regarding Miroslav Deronjic's culpability for any further crimes alleged

14 in respect of the 9 May 1992 events in the village of Glogova as described

15 in the Factual Basis and in the Second Amended Indictment that they have

16 been dealt with by way of sentence provided by the Trial Chamber;

17 (e) that the Prosecutor will advise any national domestic court

18 regarding Miroslav Deronjic's criminal conduct in respect of the 9 May

19 1992 events in the village of Glogova as described in the Factual Basis

20 and in the Second Amended Indictment that the Tribunal's Office of the

21 Prosecutor has primacy over the prosecution of that crime;

22 (f) no other promises or inducements have been made by the

23 Prosecutor to induce Miroslav Deronjic to enter this agreement.

24 Cooperation by Miroslav Deronjic.

25 Miroslav Deronjic agrees to meet as often as necessary with

1 members of the Office of the Prosecutor and to cooperate with and provide

2 them with truthful and complete information that is known to him regarding

3 individuals and events in the former Yugoslavia. He agrees to be truthful

4 and candid and to freely answer all questions put to him by members of the

5 Office of the Prosecutor. Miroslav Deronjic agrees to testify truthfully

6 in any trials, hearings, and proceedings before the Tribunal where the

7 Prosecutor deems his evidence may be relevant, whether those matters are

8 presently before the Tribunal or may be in the future.

9 Waiver of Rights.

10 By pleading guilty, Miroslav Deronjic understands that he will be

11 waiving the following rights in these proceedings:

12 (a) the right to plead not guilty and require the Prosecution to

13 prove the charges in the indictment beyond a reasonable doubt at a public

14 trial;

15 (b) the right to prepare and put forward a defence to the charges

16 at such public trial;

17 (c) the right to be tried without undue delay;

18 (d) the right to be tried in his presence, and to defend himself

19 in person at trial or through legal assistance of his own choosing at

20 trial;

21 (e) the right to examine at his trial, or to have examined, the

22 witnesses against him or to obtain the attendance and examination of

23 witnesses on his behalf at trial under the same conditions as witnesses

24 against him; and

25 (f) the right not to be compelled to testify against himself.

1 It is understood that by pleading guilty, the accused does not

2 waive his right to be represented by counsel at all stages of the

3 proceedings.

4 Declaration of Miroslav Deronjic.

5 I, Miroslav Deronjic, have read this Plea Agreement which sets

6 forth in its entirety the understanding of the parties and have carefully

7 reviewed every part of it with my attorneys Slobodan Cvijetic, Slobodan

8 Zecevic, and Catherine Baen. My attorneys have advised me of my rights of

9 possible defences and of the consequences of entering into the agreement.

10 No promises or inducements have been made to me other than those contained

11 in this agreement. Furthermore, no one has threatened me or forced me in

12 any way to enter into this agreement and I have entered into this

13 agreement freely and voluntarily and am of sound mind. I understand the

14 terms of this agreement, and I voluntarily agree to each of the terms.

15 Dated this 29th day of September, 2003.

16 Signed, Miroslav Deronjic.

17 Declaration of Counsel.

18 We, Slobodan Cvijetic and Slobodan Zecevic are counsel for

19 Miroslav Deronjic. We have carefully reviewed every part of this

20 agreement with our client. Further, we have fully advised our client of

21 his rights, of possible defences, of the maximum sentence and the

22 consequences of entering into this agreement. To our knowledge, our

23 client is of sound mind and his decision is an informed and voluntary one.

24 Dated this 29th September 2003.

25 Signed, Slobodan Cvijetic, Counsel for Miroslav Deronjic, and

1 Slobodan Zecevic, Counsel for Miroslav Deronjic.

2 Other Agreements.

3 Except as expressly set forth in this agreement, there are no

4 additional promises, understanding or agreements between the Office of the

5 Prosecutor and Miroslav Deronjic or his counsel Slobodan Cvijetic and

6 Slobodan Zecevic.

7 Signed, Miroslav Deronjic; Slobodan Cvijetic, Counsel for Miroslav

8 Deronjic; Slobodan Zecevic, Counsel for Miroslav Deronjic; Carla Del

9 Ponte, Prosecutor; Mark Harmon, Senior Trial Attorney; Camille Bibles,

10 Trial Attorney.

11 JUDGE SCHOMBURG: Thank you very much. May I now turn to you,

12 Mr. Deronjic, being today the main person of these proceedings. Would you

13 please stand up.

14 My first question is: The agreement just read out, was it read to

15 you in a language you understood, and did you understand all the terms of

16 the agreements and the detail -- and all the detail, or do you have any

17 additional questions?

18 THE ACCUSED: [Interpretation] Your Honours, the agreement was read

19 out in a language that I understand. I have fully understood it in all

20 its details. I am fully aware of the text of this agreement, and at this

21 point in time, I have no objections in relation to this document.

22 JUDGE SCHOMBURG: May I ask you, did you enter in the agreement

23 voluntarily? Were there any inducements or promises given to you in this

24 context?

25 THE ACCUSED: [Interpretation] Your Honours, I have signed this

1 agreement of my own free will. Nobody made any promises to me or any

2 inducements except for what is contained in the document itself.

3 JUDGE SCHOMBURG: Finally, I have to alert you that under Rule 62

4 ter (B), the Trial Chamber is not bound by any agreement or recommendation

5 by one of the parties, and it is your understanding, as it is in fact

6 already laid down in the agreement but it has to be re-emphasised, that

7 the maximum sentence that could be imposed is a term of imprisonment up to

8 and including the remainder of your life under Rule 101(A). Did you

9 understand this?

10 THE ACCUSED: [Interpretation] Your Honours, I have understood that

11 the Trial Chamber is not bound to accept what is written in this

12 agreement, but even having that in mind, I voluntarily agreed to the

13 agreement as it stands.

14 JUDGE SCHOMBURG: Thank you. You may be seated.

15 May I turn now to the Prosecution. First question: According to

16 Rule 62 bis, I have to ask the Prosecution is there a sufficient factual

17 basis for the crime and the accused's participation in it, either on the

18 basis of independent indicia or even evidence or, as it reads in our

19 Rules, "lack of any material disagreement between the parties about the

20 facts of the case"?

21 MR. HARMON: Mr. President, there is an independent factual basis

22 to support this guilty plea both independently by extraneous evidence and

23 by a Factual Basis that we have filed as one of the documents that is

24 presently before Your Honours. The Factual Basis contains 47 paragraphs,

25 nine pages long in English version, and each of those pages has been

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1 signed and dated by Mr. Deronjic, and we would submit this factual --

2 written Factual Basis is the basis that is the support of this guilty

3 plea.

4 JUDGE SCHOMBURG: And an additional question: We have reason to

5 ask you as well, are there any additional commitments by the Prosecution

6 to Mr. Deronjic? We have to be aware, and we are following the

7 proceedings in this Tribunal, and the name of Mr. Deronjic has been

8 mentioned several times in the context of the Srebrenica massacre. Was

9 there at any point in time or is there today any initial suspicion or even

10 a strong suspicion warranting an indictment against the accused on a

11 possible involvement in this, and is there in this context any commitment

12 not to indict Mr. Deronjic for such a possible involvement in the

13 Srebrenica massacre?

14 MR. HARMON: Mr. President, Your Honours, the -- all of the

15 promises that have been made to Mr. Deronjic are set forth in the Plea

16 Agreement. There are no other promises made to Mr. Deronjic, no other

17 agreements made with Mr. Deronjic or his counsel.

18 In respect of the events in 1995 in Srebrenica, notwithstanding

19 the fact that Mr. Deronjic's name may have come up in the context of other

20 trials, an indictment against Mr. Deronjic for those events is not

21 warranted.

22 JUDGE SCHOMBURG: Thank you for these comments. The Trial Chamber

23 convenes.

24 [Trial Chamber confers]

25 JUDGE SCHOMBURG: After having conferred, the Trial Chamber is

1 satisfied that the requirements set out in -- under Rules 62 bis and 62

2 ter are met and therefore accepts this agreement.

3 May we now turn to the indictment. First, Prosecution.

4 MR. HARMON: Mr. President and Your Honours, we have filed a

5 Second Amended Indictment this morning. There is on the record at this

6 point an amended indictment, and we would move to have the Court

7 substitute the Second Amended Indictment in place of the previous

8 indictment that currently exists.

9 JUDGE SCHOMBURG: The Trial Chamber has carefully reviewed the

10 changes in this indictment and has seen no obstacles to this, I -- may I

11 first hear the Defence on this issue.

12 THE INTERPRETER: Microphone, please.

13 MR. CVIJETIC: [Interpretation] Your Honour, we have received the

14 Second Amended Indictment. We have no objections, and we waive our right

15 to object. We accept the text as we have received it.

16 [Trial Chamber confers]

17 JUDGE SCHOMBURG: The Trial Chamber hereby grants leave to amend

18 the indictment. So therefore the Second Amended Indictment, dates from

19 yesterday, forms the basis of the now following proceedings.

20 May I ask you, Mr. Deronjic, are you prepared to discuss the

21 Factual Basis and to enter a plea today?

22 THE INTERPRETER: Microphone, please.

23 THE ACCUSED: [Interpretation] Your Honour, I am prepared to

24 discuss all these documents today and to enter a plea today.

25 JUDGE SCHOMBURG: Thank you. We discussed how best to proceed,

1 and it seems to be the best way to start with the Factual Basis, the

2 Factual Basis being one primarily based on your own statements and,

3 therefore, in part going even beyond the Second Amended Indictment.

4 Can we proceed this way: That I will start now reading out the

5 Factual Basis paragraph by paragraph, and if the content is correct,

6 please answer this way, that you are in agreement. However, if there

7 should be only the slightest detail not correct, please advise us.

8 It reads in the Factual Basis:

9 Miroslav Deronjic, son of Milovan, was born on the 6th of June,

10 1954 in the municipality of Bratunac, Bosnia and Herzegovina.

11 THE ACCUSED: [Interpretation] This is correct, Your Honour.

12 JUDGE SCHOMBURG: From September 1990 to the end of April 1992, he

13 was President of the Bratunac Municipal Board of the Serbian Democratic

14 Party of Bosnia and Herzegovina (hereinafter "SDS").

15 THE ACCUSED: [Interpretation] Correct, Your Honour.

16 JUDGE SCHOMBURG: He was appointed member of the SDS party

17 Commission on Personnel and Organisation by the Executive Board on 6

18 September 1991.

19 THE ACCUSED: [Interpretation] This is also correct.

20 JUDGE SCHOMBURG: Miroslav Deronjic was president of the Bratunac

21 Crisis Staff from the time when it assumed authority from the Executive

22 Committee of the municipality and the organs of the municipality --

23 Municipal Assembly from the end of April 1992 to the time of its

24 transformation to a War Commission established by the Presidency of the

25 Serb Republic of Bosnia and Herzegovina in June 1992.

1 THE ACCUSED: [Interpretation] Your Honour, these data are also

2 correct.

3 JUDGE SCHOMBURG: Miroslav Deronjic was appointed a member of War

4 Commission of the Bratunac municipality.

5 THE ACCUSED: [Interpretation] Correct, Your Honour.

6 JUDGE SCHOMBURG: Miroslav Deronjic became a member of the Main

7 Board of the SDS in the summer of 1993.

8 THE ACCUSED: [Interpretation] Correct.

9 JUDGE SCHOMBURG: On 14 to 15 October 1991, the Assembly of Bosnia

10 and Herzegovina, without the participation of SDS deputies, passed a

11 memorandum supporting the creation of a sovereign Bosnia and Herzegovina.

12 The Bosnian Serbs were committed to the goal that all Serbs in the former

13 Yugoslavia would remain in a common state. Following the decision of the

14 Assembly of Bosnia and Herzegovina to support sovereignty, the Bosnian

15 Serb leadership, including Radovan Karadzic, Momcilo Krajisnik, Biljana

16 Plavsic, and Nikola Koljevic undertook steps to establish Serbian ethnic

17 territories in Bosnia and Herzegovina.

18 THE ACCUSED: [Interpretation] Your Honour, I agree that this

19 information is correct.

20 JUDGE SCHOMBURG: The Bosnian Serb leadership, including Radovan

21 Karadzic, Momcilo Krajisnik, Biljana Plavsic, and Nikola Koljevic

22 understood and intended that the creation of Serbian ethnic territories

23 included division of Bosnia and Herzegovina and the separation and the

24 permanent removal of ethnic populations from municipalities designated as

25 Serbian, either by agreement or by force. The Bosnian Serb leadership

1 knew that any forcible removal of non-Serbs from Serbian-claimed

2 territories would involve a discriminatory campaign of persecution.

3 THE ACCUSED: [Interpretation] Your Honour, I agree that these

4 facts are correct.

5 JUDGE SCHOMBURG: In order to ensure creation of Serbian ethnic

6 territories, the Bosnian Serb leadership, in collaboration with members of

7 the government of the Socialist Federal Republic of Yugoslavia, including

8 Mihalj Kertes, and with units of the Yugoslav People's Army (hereinafter

9 "JNA") and units of the Ministry of Internal Affairs of Serbia, armed

10 large segments of the Bosnian Serb population. The Bosnian Serb

11 leadership coordinated with Serbian military, police, and paramilitary

12 units within and without Bosnia and Herzegovina to achieve their

13 objectives of establishing Serbian ethnic territories in Bosnia and

14 Herzegovina.

15 THE ACCUSED: [Interpretation] Your Honour, these facts are also

16 correct.

17 JUDGE SCHOMBURG: At a meeting convened in Sarajevo on or about

18 the 19th of December, 1991 presided over by Radovan Karadzic and attended

19 by, among others, deputies of the Bosnian Serb Assembly and by presidents

20 of the Municipal Boards, including Miroslav Deronjic, "strictly

21 confidential" written instructions were disseminated to the attendees

22 relating to the establishment of Bosnian Serb municipal governmental

23 bodies in diverse municipalities in Bosnia and Herzegovina. The

24 instructions, entitled "Instructions for the organisation and activities

25 of the organs of the Serb people in Bosnia and Herzegovina in a state of

1 emergency" and dated 19 December 1991, were directed to municipalities

2 where Bosnian Serbs comprised either a majority of the population (Variant

3 A) or a minority of the population (Variant B). The contents of these

4 instructions were explained to the participants of the meeting by Radovan

5 Karadzic. The instructions identified precise steps to be taken within

6 the respective municipalities in order to establish Bosnian Serb control.

7 The instructions described two distinct phases of action.

8 THE ACCUSED: [Interpretation] Your Honour, the facts in this

9 paragraph are also correct.

10 JUDGE SCHOMBURG: Bratunac Municipality was a Variant B

11 municipality. The steps described in the instructions for Variant B

12 municipalities included the formation of Crisis Staffs and the formation

13 of Serb Assemblies. Upon receiving these confidential written

14 instructions, Miroslav Deronjic returned to the Bratunac Municipality

15 where, under his leadership and direction, the Municipal Board immediately

16 adopted and implemented the instructions. An SDS Crisis Staff was formed

17 and Miroslav Deronjic was elected president. A Serb Assembly was

18 established, and Ljubisav Simic was elected president of that organ.

19 THE ACCUSED: [Interpretation] Your Honour, these facts are also

20 correct.

21 JUDGE SCHOMBURG: In late February 1992, Goran Zekic, a member of

22 the Bosnian Serb Republic Assembly from the adjacent municipality of

23 Srebrenica and a member of the SDS Main Board, conveyed the order to

24 implement the second phase of these instructions in the Bratunac

25 Municipality and Miroslav Deronjic took positive and concrete actions to

1 do so, including affirmative actions in the Bratunac Municipal Assembly.

2 THE ACCUSED: [Interpretation] Your Honour, these facts are also

3 correct.

4 JUDGE SCHOMBURG: Miroslav Deronjic subscribed unequivocally to

5 the policy of creating Serb ethnic territories within Bosnia and

6 Herzegovina and later to the use of force to remove non-Serbs from Serb

7 designated territories. In his leadership capacity in the Bratunac

8 Municipality, Miroslav Deronjic actively participated in efforts to

9 transform the Bratunac Municipality into Serb ethnic territory and achieve

10 the objective set forth by the Bosnian Serb leadership.

11 THE ACCUSED: [Interpretation] Your Honour, the facts set out in

12 this paragraph are correct.

13 JUDGE SCHOMBURG: As part of the process of ensuring that Bratunac

14 Municipality would become ethnic Serb territory, "volunteers" from the

15 SFRY with the cooperation of the SFRY authorities crossed the Drina River

16 on the 14th or 15th of April, 1992, and entered Skelani (Srebrenica

17 Municipality). Their purpose for entering Bosnia and Herzegovina was to

18 assist the Bosnian Serbs in taking over power and forcibly removing

19 Muslims from the area.

20 THE ACCUSED: [Interpretation] Your Honour, these facts are also

21 fully true.

22 JUDGE SCHOMBURG: On 17 April 1992, "volunteers" from the SFRY

23 entered Bratunac and, at the Hotel Fontana their commander met with and

24 issued an ultimatum to the leaders of the Srebrenica and Bratunac Muslim

25 communities to surrender weapons and legal authority to Bosnian Serbs or

1 suffer destruction at the hands of thousands of Serb soldiers who were

2 amassed across the Drina River in Serbia. Following the acquiescence of

3 the ultimatum by the representatives of the Muslim community, the Crisis

4 Staff assumed political power in the Bratunac Municipality.

5 THE ACCUSED: [Interpretation] Your Honour, these facts are also

6 correct.

7 JUDGE SCHOMBURG: Thereafter, efforts to ethnically cleanse the

8 Bosnian Muslim population from the Bratunac Municipality were undertaken.

9 The means used to effectuate the cleansing included the intimidation and

10 random killings of Bosnian Muslims by, in quotation marks, "volunteers"

11 and others, and the looting of Muslim homes and businesses. This activity

12 resulted in an unknown number of Bosnian Muslims fleeing from the

13 municipality of Bratunac.

14 THE ACCUSED: [Interpretation] Your Honour, these facts are also

15 correct.

16 JUDGE SCHOMBURG: Glogova was a Muslim village located in the

17 Bratunac Municipality on the main road between the town of Bratunac and

18 the town of Konjevic Polje. According to the figures from the 1991

19 census, the population of Glogova numbered 1.913. Of these residents, the

20 census described 1.901 of them as Muslim, 6 as Serbs, 4 as Yugoslavs, 1 as

21 a Croat, and one as "other."

22 THE ACCUSED: [Interpretation] Your Honour, I agree that these

23 facts are true.

24 JUDGE SCHOMBURG: Between the end of April 1992, and early May

25 1992, Miroslav Deronjic in his capacity as president of the Bratunac

1 Crisis Staff, authorised the Territorial Defence (hereinafter "TO"), and

2 the Bratunac police forces to disarm the Bosnian Muslim population in the

3 village of Glogova. On at least three occasions during that period,

4 Bratunac police forces and the TO working in concert with members of the

5 JNA went through Glogova and secured weapons from the Bosnian Muslim

6 population.

7 THE ACCUSED: [Interpretation] Your Honour, this is correct.

8 JUDGE SCHOMBURG: On one occasion towards the end of April 1992,

9 the Bosnian Muslim population of Glogova was directed to appear at a

10 meeting at the community building in Glogova and directed to turn in their

11 weapons. On or about 27 April 1992, the villagers of Glogova were told by

12 Milutin Milosevic, chief of Bratunac police, that they would not be

13 attacked because they had turned over their weapons.

14 THE ACCUSED: [Interpretation] Your Honour, I agree that these

15 facts are also correct.

16 JUDGE SCHOMBURG: The disarming of the Bosnian Muslims in Glogova

17 and other Muslim villages was an important element in ensuring and

18 facilitating the permanent removal of Bosnian Muslims from Glogova, the

19 town of Bratunac, Suha, Voljavica and achieving the objectives set forth

20 by the Bosnian Serb leadership.

21 THE ACCUSED: [Interpretation] Your Honour, these facts are

22 correct.

23 JUDGE SCHOMBURG: Between the 21st and 23rd of April, 1992, a

24 small JNA formation arrived in the Bratunac municipality. The unit was

25 part of an armoured mechanised unit and was under the command of a JNA

1 captain by the name of Reljic. Approximately 20 to 30 men were in the

2 unit. The unit was part of a mechanised armoured brigade that was located

3 in Sekovici.

4 THE ACCUSED: [Interpretation] Your Honour, what is stated in this

5 paragraph is correct.

6 JUDGE SCHOMBURG: Captain Reljic planned and assisted in the

7 disarming of Muslim villages in the Bratunac municipality. Captain

8 Reljic's JNA unit, the TO, and the police would jointly participate in the

9 disarming of the Muslim villages. Following the disarming of a Muslim

10 village, the JNA and the police announced that the army would guarantee

11 the safety of the residents. The disarming of Muslim villages continued

12 until the 6th of May, 1992.

13 THE ACCUSED: [Interpretation] Your Honour, these facts are

14 correct.

15 JUDGE SCHOMBURG: A second group of "volunteers" from Serbia also

16 arrived in Bratunac. The commander of this group of volunteers was an

17 individual nicknamed "Peki." As soon as they entered Bratunac, they

18 committed several murders of Muslims, including the owners of a restaurant

19 in Bratunac and several Muslims from the suburban neighbourhood called

20 Zljevice. They also engaged in widespread looting of Muslim property.

21 The activities of the so-called "volunteers" were known to the Bosnian

22 Serb leadership in Bratunac including the authorities of the Crisis Staff,

23 the Bratunac police, and the TO. These activities created panic amongst

24 the local population and resulted in an unknown number of Muslim residents

25 fleeing from the Bratunac municipality.

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1 THE ACCUSED: [Interpretation] Your Honour, these facts are also

2 correct.

3 JUDGE SCHOMBURG: The arrival of the JNA unit under the command of

4 Captain Reljic and the arrival of the so-called "volunteers" from Serbia

5 was agreed upon by the top leadership on the Republika Srpska and the

6 SFRY.

7 THE ACCUSED: [Interpretation] I agree that these facts are also

8 correct, Your Honour.

9 JUDGE SCHOMBURG: On the 6th or 7th of May, 1992, and in

10 furtherance of a plan to attack the village of Glogova, Miroslav Deronjic

11 and Captain Reljic travelled to the village of Magasici from which point

12 they were able to view the entire village of Glogova. The purpose of this

13 visit was to reconnoiter Glogova in preparation of the attack on the

14 village.

15 THE ACCUSED: [Interpretation] Your Honour, this is correct.

16 JUDGE SCHOMBURG: On the 7th of May, 1992, the preparations for

17 the attack on Glogova began, and it was agreed that the attack would

18 commence within 48 to 72 hours.

19 THE ACCUSED: [Interpretation] Your Honour, this is correct.

20 JUDGE SCHOMBURG: In the afternoon of 8 May 1992, Goran Zekic, a

21 well-known and popular political figure in Bratunac, who was a member of

22 the Bosnian Serb Republic Assembly from the adjacent municipality of

23 Srebrenica, was killed near Srebrenica and his body was brought to the

24 town of Bratunac.

25 THE ACCUSED: [Interpretation] Your Honour, these facts are also

1 completely correct.

2 JUDGE SCHOMBURG: Later the same day, at 2200 hours, the Bratunac

3 Crisis Staff met principally about the events surrounding the death of

4 Goran Zekic and with the operation to attack Glogova. Miroslav Deronjic

5 presided over this meeting. The portion of this meeting dealing with the

6 attack on Glogova was attended only by members of the Crisis Staff,

7 Captain Reljic, Rasa Milosevic, commander of the Kravica Detachment of the

8 TO, and another individual who was a member of the State Security of

9 Serbia.

10 THE ACCUSED: [Interpretation] Your Honour, these facts are also

11 correct.

12 JUDGE SCHOMBURG: At this session of the Crisis Staff, Miroslav

13 Deronjic made introductory remarks that included an announcement that the

14 operation against Glogova would be carried out the following day. He

15 explained the strategic significance of taking Glogova and said that the

16 plan to create Serbian ethnic territory could not be implemented in the

17 Bratunac municipality without taking Glogova first and transferring the

18 entire Bosnian Muslim population from Glogova to non-Serb territory within

19 Central Bosnia. He said that if there was no resistance from the Muslim

20 residents of Glogova, all the Muslim residents should be brought to the

21 centre of the town and transported by bus and truck out of the Bratunac

22 municipality to Kladanj. He also stated that if everything went well

23 within the Glogova operation, the operation to permanently remove Bosnian

24 Muslims would continue in the following days in the town of Bratunac and

25 the communities of Voljavica and Suha. Following the introductory remarks

1 by Miroslav Deronjic, and a discussion about the Glogova plan, the

2 Bratunac Crisis Staff adopted the plan.

3 THE ACCUSED: [Interpretation] Your Honour, the facts set out in

4 paragraph 29 are entirely correct.

5 JUDGE SCHOMBURG: Miroslav Deronjic, with the specific intent to

6 discriminate against the Bosnian Muslim residents of Glogova and Bratunac

7 Municipality on political and religious grounds, ordered the attack on

8 Glogova.

9 THE ACCUSED: [Interpretation] Your Honour, this is correct.

10 JUDGE SCHOMBURG: Miroslav Deronjic knew that the attack on

11 Glogova and the forcible displacement of the Bosnian Muslim population

12 from it was part of a widespread and systematic attack directed against

13 the Bosnian Muslim civilian population within parts of Bosnia and

14 Herzegovina designated as the Republika Srpska.

15 THE ACCUSED: [Interpretation] Your Honour, that is correct.

16 JUDGE SCHOMBURG: The attack on Glogova occurred within the

17 context of an armed conflict within Bosnia and Herzegovina.

18 THE ACCUSED: [Interpretation] This is also correct, Your Honour.

19 JUDGE SCHOMBURG: The decision to attack Glogova and to displace

20 permanently its Muslim residents was done in order to further the plan to

21 create Serb ethnic territories within Bosnia and Herzegovina.

22 THE ACCUSED: [Interpretation] Your Honour, this is correct.

23 JUDGE SCHOMBURG: Following the adoption of the plan to attack

24 Glogova, the Bratunac Crisis Staff debated the issue of burning Glogova.

25 Miroslav Deronjic said that while it was impossible to forecast the events

1 in Glogova, some houses should be set on fire as a warning to the Muslims

2 in order to spread panic and fear amongst them and part of the houses

3 should be preserved for refugees. Miroslav Deronjic also said that if

4 fighting erupted, he did not care what happened to the houses.

5 THE ACCUSED: [Interpretation] Your Honour, this is correct.

6 JUDGE SCHOMBURG: Captain Reljic informed the Bratunac Crisis

7 Staff that the JNA would participate in the operation. Miroslav Deronjic

8 urged Captain Reljic to fire a tank shell into a house at the initial

9 stage of the attack in order to sow panic among the Muslim residents of

10 the Glogova.

11 THE ACCUSED: [Interpretation] Your Honour, this is correct.

12 JUDGE SCHOMBURG: The attack on Glogova was a joint operation.

13 The attacking forces were comprised of members of the JNA (Reljic's unit),

14 the Bratunac TO, the Bratunac police, and paramilitary so-called

15 "volunteers" from Serbia (herein "attacking forces"). Miroslav Deronjic

16 coordinated and monitored the attack on Glogova.

17 THE ACCUSED: [Interpretation] Your Honour, the facts set out in

18 this paragraph are correct.

19 JUDGE SCHOMBURG: Miroslav Deronjic participated in the military

20 operation against Glogova. On the evening of 8 May 1992, Miroslav

21 Deronjic and other Bosnian Serbs took positions on an elevated ridge above

22 Glogova and remained there until the operation against Glogova commenced

23 at 0600 hours on the morning of 9 May 1992. The role of Miroslav Deronjic

24 and members of his unit was to interdict Bosnian Muslims fleeing from

25 Glogova in the direction of Srebrenica and to prevent Bosnian Muslims from

1 Srebrenica from coming to the assistance of the residents of Glogova.

2 Miroslav Deronjic and others remained at their positions until about 1000

3 hours on 9 May 1992.

4 THE ACCUSED: [Interpretation] Your Honour, the facts in this

5 paragraph are completely correct.

6 JUDGE SCHOMBURG: Immediately after the commencement of the attack

7 on Glogova, members of the attacking forces set fire to Bosnian Muslim

8 houses and outbuildings. Miroslav Deronjic was aware of this as the smoke

9 from the burning houses and outbuildings was clearly visible to him. He

10 was informed by a hand-held radio that there was no combat or resistance

11 and that everything was going according to plan. He did not intervene to

12 prevent the additional burning of Bosnian Muslim houses.

13 THE ACCUSED: [Interpretation] Your Honour, this is correct.

14 JUDGE SCHOMBURG: At approximately 1000 hours on 9 May 1992,

15 Miroslav Deronjic and other members of the military unit with whom he was

16 associated left their positions and descended in the direction of Glogova.

17 When Miroslav Deronjic and others arrived at the edge of Glogova, they

18 came about five to ten Muslim houses. After checking the houses to

19 determine if any Muslims remained in them, and finding none, Miroslav

20 Deronjic authorised soldiers to burn the houses and they were burned.

21 THE ACCUSED: [No interpretation]

22 JUDGE SCHOMBURG: Thereafter, Miroslav Deronjic and his companions

23 came upon another five to six Muslim houses from which the occupants had

24 fled. At that location were members of the Kravica detachment, including

25 Nedjo, nicknamed "Djedura." Miroslav Deronjic encouraged Nedjo, nicknamed

1 "Djedura" and his companions to set fire to these Bosnian Muslim houses.

2 THE ACCUSED: [Interpretation] Your Honour, this is correct.

3 JUDGE SCHOMBURG: There was no resistance from the Bosnian Muslim

4 residents of the village. During the attack on the village, members of

5 the attacking forces murdered 65 unarmed residents of the village

6 identified in Schedule A which forms part of the Second Amended

7 Indictment. We will come to this later. Is this correct?

8 THE ACCUSED: [Interpretation] Correct.

9 JUDGE SCHOMBURG: Paragraph 42: Miroslav Deronjic did not

10 physically commit any of the murders of the 65 civilians identified in

11 Schedule A. However, at the time he ordered the attack, given the purpose

12 and the objective of the attack, the existing political climate and the

13 units that were to participate in, it was foreseeable to him and he was

14 prepared to take the risk that innocent Muslim residents of Glogova could

15 be murdered as it was a consequence that was natural and foreseeable.

16 THE ACCUSED: [Interpretation] Your Honour, I agree that this

17 statement is correct.

18 JUDGE SCHOMBURG: During the attack on Glogova and in fulfilment

19 of the operational objective of the plan to permanently displace Bosnian

20 Muslims from the Bratunac municipality, many Bosnian Muslim residents of

21 Glogova, principally women and children, were forcibly displaced from

22 Glogova.

23 THE ACCUSED: [Interpretation] Your Honour, this is correct.

24 JUDGE SCHOMBURG: As a result of the attack on the village of

25 Glogova on the 9th of May, 1992, 65 Bosnian Muslim residents of the

1 village were murdered. The entire Bosnian Muslim population of the

2 village was forcibly displaced and a substantial number of Bosnian Muslim

3 residences in Glogova were razed to the ground. The mosque was also

4 burned and destroyed.

5 THE ACCUSED: [Interpretation] Your Honour, this is correct.

6 JUDGE SCHOMBURG: Miroslav Deronjic was invited to Pale to report

7 on the events in Glogova on either the 10th or the 11th of May, 1992, and

8 he travelled to Pale to attend a meeting to report about the events in

9 Bratunac Municipality.

10 THE ACCUSED: [Interpretation] This is correct, Your Honour.

11 JUDGE SCHOMBURG: Present at the meeting in Pale held in a large

12 conference room were Radovan Karadzic, Velibor Ostojic, and Ratko Mladic,

13 and presidents of Crisis Staffs in the Republika Srpska. Miroslav

14 Deronjic made his report to Radovan Karadzic, Velibor Ostojic, and Ratko

15 Mladic, who were seated together at a table in the conference room. On

16 the wall behind them were maps that identified the ethnic composition of

17 portions of Bosnia and Herzegovina in various colours. Serb areas were

18 designated by the colour blue.

19 THE ACCUSED: [Interpretation] Your Honour, all these facts are

20 correct.

21 JUDGE SCHOMBURG: And then finally paragraph 47: Miroslav

22 Deronjic reported that Glogova had been partly destroyed and torched to a

23 large extent and that the Bosnian Muslim population had been forcibly

24 removed. After making this report, those assembled in the conference room

25 applauded him and Velibor Ostojic commented, "Now we can colour Bratunac

1 blue." Is this correct?

2 THE ACCUSED: [Interpretation] This is correct, Your Honour.

3 JUDGE SCHOMBURG: Let us now turn to the additional facts included

4 in the Second Amended Indictment forming now the basis of our present

5 proceedings. We can no doubt omit the introduction.

6 It would read: The Prosecutor of the International Criminal

7 Tribunal for the former Yugoslavia, pursuant to her authority under

8 Article 18 of the Statute of the International Criminal Tribunal for the

9 former Yugoslavia (hereinafter "the Statute of the Tribunal"), charges:

10 Miroslav Deronjic with persecutions, a crime against humanity as set forth

11 below. And then it follows a description of Mr. Miroslav Deronjic. We

12 have discussed this part already beforehand.

13 Let us now turn to the General Allegations included in paragraphs

14 13 through 16. Here it reads, and I read it in context, all the four

15 paragraphs:

16 At all times relevant to this indictment, a state of armed

17 conflict existed in the Republic of Bosnia and Herzegovina.

18 The persecutions charged in this indictment were part of a

19 widespread and systematic attack on the civilian population, principally

20 on the Bosnian Muslim population of Bratunac Municipality in the Republic

21 of Bosnia and Herzegovina.

22 From the end of April until 9 May 1992, Miroslav Deronjic was

23 required to abide by the laws and customs governing the conduct of armed

24 conflicts.

25 The general allegations contained in these paragraphs 13 through

1 15 are re-alleged and incorporated into the charge of persecutions in this

2 indictment.

3 Then in the indictment, the individual criminal responsibility is

4 described as follows in paragraph 2.

5 May I first hear, these statements included in these four

6 paragraphs, are they correct?

7 THE ACCUSED: [Interpretation] Your Honours, this is correct.

8 JUDGE SCHOMBURG: Then it reads in paragraph 2:

9 Miroslav Deronjic is individually criminally responsible pursuant

10 to Article 7(1) of the Statute of the Tribunal for a crime punishable

11 under Article 5(h) of the Statute of the Tribunal as alleged in this

12 indictment, which he ordered and committed. By using the word "committed"

13 in this indictment, the Prosecutor does not mean that the accused

14 physically committed any of the crimes charged personally. "Committed" in

15 this indictment refers to participation in a joint criminal enterprise.

16 The objective of the joint criminal enterprise was the permanent

17 removal, by force or other means, of Bosnian Muslim inhabitants from the

18 village of Glogova in the municipality of Bratunac through the commission

19 of crimes which are punishable under Article 5 of the Statute of the

20 Tribunal. Miroslav Deronjic participated in the joint criminal enterprise

21 as a co-perpetrator.

22 Is this correct?

23 THE ACCUSED: [Interpretation] Your Honours, this is correct.

24 JUDGE SCHOMBURG: The crimes enumerated, paragraphs 30, 36, 37,

25 38, and 39. May I ask the Prosecution this context, is it on purpose that

1 35 is not included?

2 MR. HARMON: 35, Mr. President, is merely a paragraph that

3 identifies the total number of residents from the -- from the city of

4 Glogova who were executed during the 9 May 1992 attack and identifies

5 those individuals as being listed in Schedule A.

6 JUDGE SCHOMBURG: So I take it it's on purpose and you are

7 limiting this paragraph 4 to the crimes enumerated in paragraphs 30, 36,

8 37, 38, and 39 as described in the charge of persecutions in this

9 indictment were within the object of the joint criminal enterprise and

10 Miroslav Deronjic held the state of mind necessary for the commission of

11 persecutions. The crimes enumerated in paragraphs 31 through 34 as

12 described in the charge of persecutions were the natural and foreseeable

13 consequences of the execution of the joint criminal enterprise and

14 Miroslav Deronjic was aware that these crimes were the possible

15 consequences of the execution of the joint criminal enterprise.

16 THE ACCUSED: [Interpretation] Yes, that is correct, Your Honour.

17 JUDGE SCHOMBURG: The joint criminal enterprise was in existence

18 for a time period that included the period from the end of April 1992 to 9

19 May 1992.

20 THE ACCUSED: [Interpretation] Correct.

21 JUDGE SCHOMBURG: Numerous individuals participated in this joint

22 criminal enterprise. Each participant, by acts or omissions, contributed

23 to achieving the objective of the enterprise. Miroslav Deronjic worked in

24 concert with the other members of the joint criminal enterprise, including

25 members of the Territorial Defence of the municipality of Bratunac ("TO"),

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1 members of the elements of the Yugoslav People's Army ("JNA"), members of

2 the Bratunac police forces (also known as SUP, Secretariat of Internal

3 Affairs), and members of paramilitary forces.

4 THE ACCUSED: [Interpretation] Your Honour, these facts are correct

5 as well.

6 JUDGE SCHOMBURG: The members of the TO who were members of the

7 joint criminal enterprise included Momir Nikolic, Najdan Mladjenovic,

8 Nenad Deronjic, Dragutin Takac, Dusan Zivanovic, Gojko (Zivojin) Radic,

9 Zoran Mladjenovic, Milo also known as "Riba" and Milan Zaric. The members

10 of the JNA who were members of the joint criminal enterprise included

11 members of the Novi Sad Corps from Serbia, who were under the command of

12 Captain Reljic. The members of the Bratunac police forces who were

13 members of the joint criminal enterprise included Milutin Milosevic, chief

14 of the Serbian SUP; Miladin Jokic, Vidoje Radovic, Dragan Ilic, Dragan

15 Vasiljevic, Sredoje Stevic; his first name is unknown, Mr. Vuksic; and

16 also Tesic, first name unknown. The identity of the members of the

17 paramilitary forces who were members of the joint criminal enterprise is

18 unknown.

19 THE ACCUSED: [Interpretation] Your Honour, I agree with what the

20 Prosecution has stated, namely that the mentioned persons took part in

21 this attack.

22 JUDGE SCHOMBURG: Miroslav Deronjic acting as president of the

23 Crisis Staff of the municipality of Bratunac and in concert with other

24 members of the joint criminal enterprise participated in the joint

25 criminal enterprise in the following ways:

1 Between the end of April and early May of 1992, Miroslav Deronjic,

2 exercising de facto and de jure control as president of the Bratunac

3 Crisis Staff over the TO and de facto control over the Bratunac police

4 forces authorised the TO and Bratunac police forces to disarm the Bosnian

5 Muslim population in Glogova. On at least three occasions during that

6 period, Bratunac police forces and the TO working in concert with members

7 of the JNA went through Glogova and secured weapons from the Bosnian

8 Muslim population.

9 On an unknown date near the end of April 1992, the Bosnian Muslim

10 population of Glogova was directed to appear at a meeting at the community

11 building in Glogova. At that meeting, the residents of Glogova were told

12 to turn in their weapons. As president of the Bratunac Crisis Staff,

13 Miroslav Deronjic was aware of and agreed to the plan to disarm the

14 population of Glogova.

15 On or about 25 April 1992, armoured personnel carriers (APCs),

16 military trucks and police cars arrived in Glogova. Soldiers that were

17 part of that convoy declared themselves to be members of the Novi Sad

18 Corps from Serbia and had arrived in order to gather weapons. Najdan

19 Mladjenovic of the TO was present with the group as well as the following

20 Bratunac policemen: Milutin Milosevic, chief of the Serbian SUP; Miladin

21 Jokic, Vidoje Radovic, Dragan Ilic, Dragan Vasiljevic, Sredoje Stevic, and

22 Mr. Vuksic and Tesic, their first names are unknown. This group looked

23 for weapons in Glogova and issued an ultimatum to the villagers that the

24 weapons were to be handed in two days later.

25 On or about 27 April, 1992, a group comprising approximately the

1 same individuals described in subparagraph (c) returned to Glogova in

2 order to collect weapons. Milutin Milosevic, chief of the Serb SUP, told

3 the villagers that Glogova would not be attacked because they had turned

4 over the weapons. Milosevic added that he was speaking on behalf of

5 Miroslav Deronjic.

6 On the evening of 8 May 1992, Miroslav Deronjic in his capacity as

7 president of the Crisis Staff of the municipality of Bratunac, a position

8 which gave him de facto and de jure control over the TO and de facto

9 control over the police in the municipality of Bratunac, gave an order to

10 attack the village of Glogova, burn part of it, and forcibly displace its

11 Bosnian Muslim residents. Miroslav Deronjic was aware on 8 May 1992, that

12 he was ordering the attack on an unarmed civilian village.

13 THE ACCUSED: [Interpretation] Your Honour, all the facts from

14 paragraph 8 are correct, and I agree with all of it.

15 JUDGE SCHOMBURG: In the early morning hours of 9 May 1992,

16 members of the joint criminal enterprise, specifically members of the

17 Bratunac TO, the Bratunac police, the JNA, and paramilitaries (hereinafter

18 "attacking forces"), working in concert, surrounded the village of

19 Glogova. Thereafter, the attacking forces entered the village on foot and

20 took control over of the village. The Bosnian Muslim villagers who

21 previously had been disarmed offered no resistance. The attacking forces

22 then set fire to Bosnian Muslim houses, buildings, and the mosque, causing

23 the wanton and extensive destruction of Bosnian Muslim dwellings,

24 businesses, institutions dedicated to religion, and personal property in

25 the village of Glogova. A substantial part of the village of Glogova was

1 razed to the ground. Miroslav Deronjic was present during the attack on

2 Glogova.

3 THE ACCUSED: [Interpretation] Your Honour, I should like to state

4 that these facts are correct.

5 JUDGE SCHOMBURG: In respect of the killings that occurred in the

6 village of Glogova on 9 May 1992 as set forth more fully in paragraphs 31

7 to 35, Miroslav Deronjic is individually criminally responsible under

8 Article 7(1) for committing the killings.

9 THE ACCUSED: [Interpretation] Your Honour, I understand the nature

10 of my responsibility on the basis of this particular count.

11 JUDGE SCHOMBURG: In Respect of the wanton and extensive

12 destruction of Bosnian Muslim dwellings, businesses, institutions

13 dedicated to religion, and personal property which occurred in the village

14 of Glogova on 9 May 1992 as set forth more fully in paragraphs 36 and 37,

15 Miroslav Deronjic is individually criminally responsible under Article

16 7(1) for committing and ordering this wanton and extensive destruction.

17 THE ACCUSED: [Interpretation] Your Honour, I understand the nature

18 of my responsibility as it is described here.

19 JUDGE SCHOMBURG: In respect of the forcible displacement of

20 civilians from the village of Glogova on 9 May 1992, as set forth more

21 fully in paragraphs 38 and 39, Miroslav Deronjic is individually

22 criminally responsible under Article 7 for committing and ordering the

23 forcible displacement of civilians.

24 THE ACCUSED: [Interpretation] Your Honour, I understand the nature

25 of my responsibility presented in this paragraph as well.

1 JUDGE SCHOMBURG: Mr. Deronjic, for technical reasons, the tapes

2 have to be exchanged. We have to make a short break now.

3 May I ask, Madam Registrar, would it be sufficient to have a break

4 of ten minutes?

5 So the trial stays adjourned until five minutes to 2.00.

6 --- Break taken at 1.45 p.m.

7 --- On resuming at 1.58 p.m.

8 JUDGE SCHOMBURG: Sorry for this technical necessity to have a

9 break, but at the same time, it was the appropriate time for a break,

10 because we now turn to the statement of facts included in the indictment,

11 starting with paragraph 17.

12 The municipality of Bratunac is located in Eastern Bosnia and

13 Herzegovina and, according to the 1991 census, had a population of 33.619,

14 of which 21.535 were Muslims, 11.475 Serbs, 223 Yugoslavs, 40 Croats, and

15 346 other nationalities. The municipality of Bratunac was of major

16 significance to the Bosnian Serbs as it was one of the municipalities

17 within the strategic arc that the Serbs needed to link the Serbian

18 populations of Bosnia and Herzegovina to a contiguous Serbian state.

19 THE ACCUSED: [Interpretation] Your Honours, I agree with the facts

20 presented in this paragraph, and I consider them to be correct.

21 JUDGE SCHOMBURG: In the spring of 1992, armed conflict between

22 Serbs and non-Serbs broke out in the Republic of Bosnia and Herzegovina,

23 including in the municipality of Bratunac.

24 THE ACCUSED: [Interpretation] Your Honours, this paragraph is

25 correct.

1 JUDGE SCHOMBURG: As part of the conflict, Bosnian Serb JNA and

2 paramilitary forces carried out widespread and systematic attacks on the

3 civilian population of this region.

4 THE ACCUSED: [Interpretation] Your Honours, that is correct.

5 JUDGE SCHOMBURG: The municipality of Bratunac was taken over by

6 Bosnian Serb forces on 17 April 1992, and a systematic effort was launched

7 to disarm the Bosnian Muslim population of the municipality, which was

8 completed by the end of April 1992.

9 THE ACCUSED: [Interpretation] Your Honours, these facts are also

10 correct.

11 JUDGE SCHOMBURG: Prior to 9 May 1992, Glogova was a village

12 located in Bratunac municipality, in the Republic of Bosnia and

13 Herzegovina, a few kilometres from the city of Bratunac. There were about

14 750 houses in Glogova, which was a predominantly Bosnian Muslim village.

15 In 1991, the total population of the village was 1.913 residents of whom

16 1.901 were Muslims, 6 Serbs, 4 Yugoslavs, 1 Croat, and 1 "other."

17 Hereinafter for purposes of this indictment, the term "Glogova" refers to

18 the Bosnian Muslim part of the village of Glogova.

19 THE ACCUSED: [Interpretation] Your Honours, I agree with the facts

20 presented in this paragraph.

21 JUDGE SCHOMBURG: In late April and early May of 1992, Bosnian

22 Muslim villagers of Glogova were disarmed. On at least three occasions

23 during that time frame, Bratunac police forces, the TO and the JNA went

24 through Glogova and secured weapons from the Bosnian Muslim population.

25 On an unknown date near the end of April 1992, the Bosnian Muslim

1 population of Glogova was directed to appear at a meeting at the community

2 building in Glogova. At the meeting, the residents of Glogova were told

3 to turn in their weapons. As president of the Bratunac Crisis Staff,

4 Miroslav Deronjic was aware and agreed to the plan to disarm the

5 population of Glogova.

6 THE ACCUSED: [Interpretation] Your Honours, these facts are also

7 correct.

8 JUDGE SCHOMBURG: On or about 25 April 1992, armoured personnel

9 carriers (APCs), military trucks and police cars arrived in Glogova.

10 Soldiers that were part of that convoy declared themselves to be members

11 of the Novi Sad Corps from Serbia, and had arrived in order to gather

12 weapons. Najdan Mladjenovic of the TO was present with the group as well

13 as the following Bratunac policemen: Milutin Milosevic, chief of the

14 Serbian SUP; Miladin Jokic, Vidoje Radovic, Dragan Ilic, Dragan

15 Vasiljevic, Sredoje Stevic, and Messrs. Vuksic and Tesic. Their first

16 names are unknown. This group looked for weapons in Glogova and issued an

17 ultimatum to the villagers that the weapons were to be handed in two days

18 later.

19 THE ACCUSED: [Interpretation] Your Honours, I agree with these

20 facts; they are correct.

21 JUDGE SCHOMBURG: On or about 27 April 1992, a group comprising

22 approximately the same individuals described in paragraph 23 returned to

23 Glogova in order to collect weapons. Milutin Milosevic, chief of the Serb

24 SUP, told the villagers that Glogova would not be attacked because they

25 had turned over the weapons. Milosevic added that he was speaking on

1 behalf of Miroslav Deronjic.

2 THE ACCUSED: [Interpretation] Your Honours, I agree that these

3 facts are correct.

4 JUDGE SCHOMBURG: On the evening of 8 May 1992, Miroslav Deronjic,

5 in his capacity as president of the Crisis Staff of the municipality of

6 Bratunac, gave an order to attack the village of Glogova, to burn part of

7 it down, and to forcibly displace the Bosnian Muslim residents from the

8 village. Knowing that the Bosnian Muslims in Glogova had been disarmed,

9 Miroslav Deronjic was aware on 8 May 1992 that he was ordering the attack

10 on an undefended village.

11 THE ACCUSED: [Interpretation] Your Honours, these facts are also

12 correct.

13 JUDGE SCHOMBURG: On 9 May 1992, members of the Bratunac TO, the

14 Bratunac police, the JNA, and paramilitary forces attacked Glogova.

15 Members of the attacking forces set fire to the mosque and to Bosnian

16 Muslim homes, warehouses, businesses, fields, and haystacks.

17 Approximately 65 Bosnian Muslim persons from Glogova were executed during

18 the 9 May 1992 attack. At the end of the attack, a substantial part of

19 Glogova was razed to the ground. The attacking forces forced the Bosnian

20 Muslim civilians from their homes and forcibly displaced them from the

21 village of Glogova to other parts of the Republic of Bosnia and

22 Herzegovina.

23 THE ACCUSED: [Interpretation] Your Honours, these facts are also

24 correct.

25 JUDGE SCHOMBURG: What now follows is the concrete charge on

1 persecutions.

2 From the end of April to 9 May 1992, Miroslav Deronjic

3 individually as president of the Crisis Staff of the municipality of

4 Bratunac and in concert with other members of the joint criminal

5 enterprise ordered and committed persecutions of Bosnian Muslims on

6 political, racial and religious grounds in the village of Glogova in the

7 municipality of Bratunac.

8 THE ACCUSED: [Interpretation] Your Honour, I agree that the facts

9 set out in this paragraph are correct.

10 JUDGE SCHOMBURG: From the end of April to 9 May 1992, Miroslav

11 Deronjic as president of the Crisis Staff of the municipality of Bratunac,

12 acting individually and in concert with other members of the joint

13 criminal enterprise, perpetrated persecutions in the following ways:

14 First, the attack on the village of Glogova.

15 On the evening of 8 May 1992, Miroslav Deronjic, in his capacity

16 as president of the Crisis Staff of the municipality of Bratunac, gave the

17 order to the Bratunac TO to attack and to partially burn Glogova, an

18 undefended village.

19 THE ACCUSED: [Interpretation] Your Honour, these facts are

20 correct.

21 JUDGE SCHOMBURG: In the early morning hours of 9 May 1992,

22 members of the joint criminal enterprise, specifically members of the

23 Bratunac TO, the Bratunac police, the JNA, and paramilitaries, working in

24 concert, surrounded the village of Glogova. Thereafter, the attacking

25 forces entered the village on foot and took control of the village. The

1 Bosnian Muslim villagers who previously had been disarmed offered no

2 resistance. Miroslav Deronjic was present during the attack on Glogova

3 and entered the village after the assault. Miroslav Deronjic is

4 individually criminally responsible under Article 7(1) for committing and

5 ordering the attack on the village of Glogova.

6 THE ACCUSED: [Interpretation] Your Honour, the facts in this

7 paragraph are correct, and the nature of my responsibility as described in

8 this paragraph is something I understand and it's correct.

9 JUDGE SCHOMBURG: Let's now turn to the killing of Muslim

10 villagers from Glogova.

11 Paragraph 31: During the gathering of the Bosnian Muslim

12 villagers of Glogova from their homes, members of the attacking forces

13 shot and killed Bosnian Muslim villagers Medo Delic, Seco Ibisevic, his

14 wife Zlatija, and Adem Junuzovic outside their homes. Miroslav Deronjic

15 is individually criminally responsible under Article 7(1) for committing

16 the killings described in this paragraph.

17 THE ACCUSED: [Interpretation] Your Honour, I agree that the facts

18 set out in this paragraph are correct and I understand the nature of my

19 own responsibility in connection with this paragraph.

20 JUDGE SCHOMBURG: The first mass killing.

21 During the course of the attack, members of the attacking forces

22 executed a group of approximately nineteen Bosnian Muslim men on the main

23 road near the centre of the village where the Glogova villagers were

24 gathered. The first group of executed men included Dzafo Delic, Hamed

25 Delic, Saban Gerovic, Serif Golic, Avdo Golic, Rifat Golic, Ismail

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1 Ibisevic, Salih Junuzovic, Alija Milacevic, Hajro (Hajrudin) Memisevic,

2 Samir Omerovic, Fejzo Omerovic, Nezir Omerovic, Nevzet Omerovic, Camil

3 Rizanovic, Jasmin Rizanovic, Mensur Rizanovic, Nurija Rizanovic, and Uzeir

4 Talovic. Miroslav Deronjic is individually criminally responsible under

5 Article 7(1) for committing the killings described in this paragraph.

6 THE ACCUSED: [Interpretation] Your Honour, I agree that the facts

7 set out in this paragraph are correct and I understand the nature of my

8 responsibility in this respect.

9 JUDGE SCHOMBURG: Let me take the occasion and -- to extend my

10 sincere apologies to the relatives of the victims mentioned in this

11 indictment in case I mispronounce the one or other name. I try to do my

12 very best but I am aware that I am not capable to pronounce all the names

13 in the correct way, but I think it is of high importance and relevance

14 that the names of those killed at that time are mentioned in open court.

15 Let's turn now to the second mass killing, paragraph 33.

16 After the execution of the group of Bosnian Muslims referred to in

17 paragraph 32, members of the attacking forces ordered other Muslim

18 villagers to carry these and other bodies to the river. After all of the

19 bodies were dumped into the river, those Bosnian Muslim villagers who had

20 been ordered to carry the bodies were lined up by the river and executed.

21 This group includes Ramiz Cosic, Selmo (Selman) Omerovic, and Mehmed

22 Ibisevic. Miroslav Deronjic is individually criminally responsible under

23 Article 7(1) for committing the killings described in this paragraph.

24 THE ACCUSED: [Interpretation] Your Honour, again I agree that the

25 facts set out in this paragraph are correct, and I understand the nature

1 of my responsibility in connection with these facts.

2 JUDGE SCHOMBURG: Later during the attack on Glogova, members of

3 the attacking forces gathered a group of approximately 20 Bosnian Muslim

4 men by the market in Glogova. These Bosnian Muslim men were ordered to

5 walk to the river where they were executed by members of the attacking

6 forces on the order of Najdan Mladjenovic, a member of the Bratunac TO.

7 This group included Seco Delic, Redjo Delic, Meho Delic, a Mr. Gusis, the

8 first name is unknown. The same is true for Mr. Hasibovic. Dzevad

9 Ibisevic, Ilijaz Ibisevic, Kemal Ibisevic, Muharem Ibisevic, Mujo

10 Ibisevic, Mustafa Ibisevic, Ramo Ibisevic, Sabrija Ibisevic, Abid

11 Junuzovic, Huso Junuzovic, Mirzet Omerovic, Selmo Omerovic, and Mensur

12 Omerovic. Miroslav Deronjic is individually criminally responsible under

13 Article 7(1) for committing the killings described in this paragraph.

14 THE ACCUSED: [Interpretation] Your Honour, I state that I agree

15 with what is set out in this paragraph, and I understand the nature of my

16 responsibility.

17 JUDGE SCHOMBURG: A total of 65 Bosnian Muslim residents from

18 Glogova were executed during 9 May 1992 attack. The murdered individuals

19 are those listed in Schedule A which is attached and made part of this

20 indictment.

21 The names of those victims not mentioned yet in the connection of

22 the first, second, and third mass killings are, according to Schedule A,

23 Alihromic Hajdar, Beganovic Vahid, Cosic Ramiz, Delic Seco, Delic Redjo,

24 Dzafo Delic, Delic Hamed, Delic Meva, Gerovic Saban, Gerovic Ramiz, Gusis

25 and Hasibovic, the first names are unknown. Ibisevic Jusuf, Ibisevic

1 Osman, Ibisevic Refik, Ibisevic Seco, Ibisevic Zlatija wife of Seco,

2 Junuzovic Adem, Junuzovic Banovka, Junuzovic Halid, Music Saban, Omerovic

3 Nermin, Omerovic Elvis son of Nezir, Rizvanovic Mustafa, Sacirovic Mujo,

4 and the first name is unknown Selimic.

5 So this would conclude the entire list of the 65 Bosnian Muslims

6 killed during this attack.

7 This is correct?

8 THE ACCUSED: [Interpretation] Your Honour, it's correct.

9 JUDGE SCHOMBURG: The indictment continues as follows in paragraph

10 36: During the 9 May 1992 attack on Glogova, the attacking forces

11 systematically set fire to the mosque and to Bosnian Muslim homes,

12 warehouses, businesses, personal property, fields and haystacks.

13 THE ACCUSED: [Interpretation] Your Honour, these facts are also

14 correct.

15 JUDGE SCHOMBURG: Miroslav Deronjic was present during the attack

16 on Glogova while members of the attacking forces wantonly destroyed

17 Bosnian Muslim homes, businesses, and personal property. A substantial

18 part of Glogova was razed to the ground. Miroslav Deronjic is

19 individually criminally responsible under Article 7(1) for committing and

20 ordering the destruction of Bosnian Muslim property described in

21 paragraphs 36 and 37.

22 THE ACCUSED: [Interpretation] Your Honour, the facts set out in

23 this paragraph are correct, and I understand the nature of my

24 responsibility.

25 JUDGE SCHOMBURG: On 8 and 9 May 1992, Miroslav Deronjic committed

1 and ordered the forcible removal and displacement of the Bosnian Muslims

2 of Glogova from the municipality of Bratunac.

3 THE ACCUSED: [Interpretation] Your Honour, the fact set out in

4 this paragraph is correct.

5 JUDGE SCHOMBURG: On 9 May 1992, during and immediately after the

6 attack on Glogova, members of the attacking forces forcibly displaced

7 Bosnian Muslim civilians from the village of Glogova to other parts of the

8 Republic of Bosnia and Herzegovina. Specifically, the women and children

9 who survived the attack were placed on buses and forcibly displaced to

10 Muslim-held territory located outside of the municipality of Bratunac.

11 Miroslav Deronjic is individually criminally responsible under Article

12 7(1) for committing and ordering the forcible displacement of Bosnian

13 Muslim civilians described in this paragraph.

14 THE ACCUSED: [Interpretation] Your Honour, the facts are correct,

15 and I understand the nature of my responsibility.

16 JUDGE SCHOMBURG: The persecutions of Bosnian Muslim civilians, as

17 alleged above, resulted in the killings of approximately 65 Bosnian

18 Muslims, the forcible displacement of the Bosnian Muslim population from

19 Glogova and the destruction of the village of Glogova.

20 THE ACCUSED: [Interpretation] Your Honour, these facts are

21 correct.

22 JUDGE SCHOMBURG: Let us now turn to your final plea.

23 It is alleged that by these acts and omissions you, Mr. Miroslav

24 Deronjic, ordered and committed persecutions, a crime against humanity,

25 punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal.

1 THE ACCUSED: [Interpretation] Your Honour, I understand the nature

2 of the responsibility described in the paragraphs of this indictment, and

3 I plead guilty.

4 JUDGE SCHOMBURG: Madam Registrar, may we take to the record that

5 the accused has pleaded guilty to persecutions, a crime against humanity,

6 as set out in the Second Amended Indictment.

7 You may be seated, please.

8 The next step in the proceedings will be a sentencing hearing.

9 May I ask the parties what is the time needed to prepare the sentencing

10 hearing?

11 MR. HARMON: Mr. President and Your Honours, we would ask for a

12 sentencing hearing that would occur at the end of January or the beginning

13 of February.

14 JUDGE SCHOMBURG: Is it your intention to present additional

15 witnesses or expert witnesses on this occasion?

16 MR. HARMON: We would require a maximum of one day to present the

17 Prosecution's evidence in respect of the sentence and in respect of the

18 recommendation that we have made that's contained in the Plea Agreement.

19 JUDGE SCHOMBURG: Thank you. May I put the same questions to the

20 Defence.

21 MR. CVIJETIC: [Interpretation] Your Honour, my learned friends,

22 bearing in mind all the circumstances and the obligations of the Defence

23 counsel in preparing for a sentencing hearing, we agree that the end of

24 January would be the best time, and we also will need only one day to

25 present our evidence as required in these cases.

1 JUDGE SCHOMBURG: Is it foreseen that the accused intends to

2 testify or to give any statement, because when having a Plea Agreement, we

3 have no access to the personality, the family environment, the growing up,

4 the socialisation of the accused, and of course we have to take into

5 account these individual factors and, therefore, the Trial Chamber is

6 confronted with the question whether or not, as it is custom in all

7 domestic legislations, to order under Rule 98, sentence to a forensic

8 examiner to compile a report on the accused, or is the point of view of

9 the Defence that based on that what you will submit there will be a

10 sufficient basis for the Trial Chamber to come to the necessary

11 conclusions and to come to the appropriate sentence?

12 MR. CVIJETIC: [Interpretation] Your Honour, we have already

13 decided that along with the evidence we will present to the Chamber, the

14 accused may personally make a statement about the circumstances of the

15 case.

16 JUDGE SCHOMBURG: The Trial Chamber has not discussed this matter

17 yet. However, it's a time to ask the Defence, in case the Trial Chamber

18 comes to the conclusion that a forensic examination would be needed, of

19 course this can only be done based on the cooperation by Mr. Deronjic.

20 Would you and would Mr. Deronjic in person consent to such, the work of a

21 forensic examiner?

22 MR. CVIJETIC: [Interpretation] Your Honour, there will be no

23 problems in cooperation, and I will ask my client about this.

24 THE ACCUSED: [Interpretation] Your Honour, I feel called upon to

25 answer this question. I have no objection to cooperating in this.

1 JUDGE SCHOMBURG: Thank you for this clear statement.

2 Would it be feasible and appropriate for the parties that we

3 schedule the sentencing hearing as follows: Starting the 27th of January,

4 continuing in any event 28 January, but nobody knows what will happen and

5 what is necessary, to have the 29th and 30th of January as reserve days?

6 Would this be possible for you?

7 MR. HARMON: That's quite acceptable to the Prosecution.

8 MR. CVIJETIC: [Interpretation] Yes, Your Honour, it is also

9 acceptable to the Defence.

10 JUDGE SCHOMBURG: Thank you. Then it would only be consequent

11 that we hereby order the parties to present their sentencing briefs no

12 later than Thursday, December 18, 2003. We'll say two days before the

13 Court recess.

14 Any obstacles to this? I can see no obstacles.

15 MR. HARMON: No obstacles, Your Honour.

16 MR. CVIJETIC: [Interpretation] No problems, Your Honour.

17 JUDGE SCHOMBURG: Thank you. Then hereby ordered, and we expect

18 this be filed on this very Thursday, 18 December 2003.

19 May I ask the parties, are there any other issues to be discussed

20 today?

21 MR. HARMON: There are no additional issues on behalf of the

22 Prosecution. Thank you.

23 MR. CVIJETIC: [Interpretation] No, Your Honour. The Defence has

24 no additional issues to raise.

25 JUDGE SCHOMBURG: Thank you. The trial stays adjourned.

1 --- Whereupon the Plea Hearing adjourned

2 at 2.33 p.m.

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