1 Wednesday, 29 December 1999
2 [Initial Appearance]
3 [Open session]
4 --- Upon commencing at 11.14 a.m.
5 [The accused entered court]
6 JUDGE RIAD: Good morning. I would like to
7 greet both parties, as well as all those present in
8 this courtroom and all those present in the gallery.
9 Mr. Registrar, would you please call the
11 THE REGISTRAR: [Interpretation] Case number
12 IT-98-29-I, the Prosecutor of the Tribunal versus
13 Stanislav Galic.
14 JUDGE RIAD: May we have the appearances,
15 please. The Prosecution first.
16 MR. HARMON: Good morning, Judge Riad. My
17 name is Mark Harmon, and I am assisted by my colleague
18 Mr. Michael Blaxill.
19 JUDGE RIAD: Thank you, Mr. Harmon.
20 May I call on the Defence.
21 MR. KOSTIC: Good morning, Your Honour. My
22 name is Nikola Kostic. I have been chosen by
23 Mr. Galic, General Galic, to represent him in this
24 case. I am an attorney licensed in the United States
25 for some 30 years. I have also appeared here in front
1 of this Tribunal on a number of prior cases, and I am
2 of course going to be representing Mr. Galic today,
3 Your Honour.
4 JUDGE RIAD: Thank you. Now, I would like to
5 ask you, Mr. Kostic, can the accused hear the
6 proceedings in a language he understands? Has he got
7 the necessary equipment and is he following?
8 MR. KOSTIC: He says yes, Your Honour.
9 JUDGE RIAD: Thank you. It makes it quite
10 easy for us now to proceed.
11 Under Rule 62 of the Rules of Procedure and
12 Evidence of our International Criminal Tribunal, as you
13 know, an Initial Appearance is required upon transfer
14 of the accused to the seat of the Tribunal.
15 I would like now to call on the registrar,
16 Mr. Dubuisson, to read Article 20(3) and Article 21 of
17 the Tribunal's Statute first, and then to read to us
18 Article 62 of the Rules of Procedure and Evidence as
19 they are relevant to this Initial Appearance.
20 THE REGISTRAR: Article 20. Commencement and
21 conduct of trial proceedings.
22 3) The Trial Chamber shall read the
23 indictment, satisfy itself that the rights of the
24 accused are respected, confirm that the accused
25 understands the indictment, and instruct the accused to
1 enter a plea. The Trial Chamber shall then set the
2 date for trial.
3 Article 21. Rights of the accused.
4 1) All persons shall be equal before the
5 International Tribunal.
6 2) In the determination of charges against
7 him, the accused shall be entitled to a fair and public
8 hearing, subject to article 22 of the Statute.
9 3) The accused shall be presumed innocent
10 until proven guilty according to the provisions of the
11 present Statute.
12 4) In the determination of any charges
13 against the accused pursuant to the present Statute,
14 the accused shall be entitled to the following minimum
15 guarantees, in full equality:
16 (a) to be informed promptly and in
17 detail in a language which he understands of the nature
18 and cause of the charge against him;
19 (b) to have adequate time and facilities
20 for the preparation of his defence and to communicate
21 with counsel of his own choosing;
22 (c) to be tried without undue delay;
23 (d) to be tried in his presence, and to
24 defend himself in person or through legal assistance of
25 his own choosing; to be informed, if he does not have
1 legal assistance, of this right; and to have legal
2 assistance assigned to him, in any case where the
3 interests of justice so require, and without payment by
4 him in any such case if he does not have sufficient
5 means to pay for it;
6 (e) to examine, or have examined,
7 witnesses against him and to obtain the attendance and
8 examination of witnesses on his behalf under the same
9 conditions as witnesses against him;
10 (f) to have the free assistance of an
11 interpreter if he cannot understand or speak the
12 language used in the International Tribunal;
13 (g) not to be compelled to testify
14 against himself or to confess guilt.
15 Rule 62 of the Rules of Procedure and
16 Evidence. Initial Appearance of Accused. Upon
17 transfer of an accused to the seat of the Tribunal, the
18 President shall forthwith assign the case to a Trial
19 Chamber. The accused shall be brought before the Trial
20 Chamber or a Judge thereof without delay, and shall be
21 formally charged. The Trial Chamber or the Judge
23 (i) satisfy itself, himself or herself that
24 the right of the accused to counsel is respected;
25 (ii) read or have the indictment read to the
1 accused in a language the accused speaks and
2 understands, and satisfy itself, himself or herself
3 that the accused understands the indictment;
4 (iii) inform the accused that, within 30 days
5 of the Initial Appearance, he or she will be called
6 upon to enter a plea of guilty or not guilty on each
7 count but that, should the accused so request, he or
8 she may immediately enter a plea of guilty or not
9 guilty on one or more count;
10 (iv) if the accused fails to enter a plea at
11 the initial or any further appearance, enter a plea of
12 not guilty on the accused's behalf;
13 (v) in case of a plea of not guilty, instruct
14 the Registrar to set a date for trial;
15 (vi) in case of a plea of guilty:
16 (a) if before the Trial Chamber, act in
17 accordance with Rule 62 bis, or
18 (b) if before a Judge, refer the plea to
19 the Trial Chamber so that it may act in accordance with
20 Rule 62 bis;
21 (vii) instruct the Registrar to set such
22 other dates as appropriate.
23 JUDGE RIAD: [Interpretation] Thank you,
24 Mr. Dubuisson.
25 [English] I would now call upon the Registrar
1 to read the relevant portions of the confidential
2 indictment. This confidential indictment was confirmed
3 by Judge Antonio Cassese on the 24th of April, 1999.
4 If the Defence counsel so chooses and the accused, we
5 can also read later the annexes to the indictment, I'll
6 leave that up to you, because they are separate from
7 the indictment.
8 So we'll start by reading only the relevant
9 portions of the indictment. I call upon our registrar,
10 Mr. Dubuisson, to read it.
11 THE REGISTRAR: [Interpretation] The
12 Prosecutor against Stanislav Galic. Indictment.
13 The Prosecutor of the International Criminal
14 Tribunal for the former Yugoslavia, pursuant to her
15 authority under Article 18 of the Statute of the
16 Tribunal charges: Stanislav Galic with crimes against
17 humanity and violations of the laws and customs of war
18 as set forth below:
20 1. Sarajevo is the capital of Bosnia and
21 Herzegovina and is situated on the east-to-west axis
22 along the Miljacka River Valley in Central Bosnia. The
23 city is dominated by steep surrounding mountain
24 slopes. To the east there is a dense city centre
25 making up a residential and commercial old town which
1 spreads up the adjacent hillsides. There are new
2 municipalities with commercial development and
3 extensive residential accommodation on more open ground
4 to the west. The city traces its history back nearly
5 2.000 years. Before 1992, Sarajevo was a flourishing
6 multiethnic community and a cultural and economic
7 centre in the former Yugoslavia. A 1991 census
8 indicated that the city and immediate surroundings had
9 a population of some 525,980 inhabitants with an ethnic
10 composition of 49,3 per cent Muslim, 29,9 per cent
11 Serb, 6,6 per cent Croat, 10,7 per cent describing
12 themselves as Yugoslav, and 3,5 per cent other groups.
13 Sarajevo accounted for 11 per cent of the population of
14 Bosnia and Herzegovina.
15 2. Shortly after Bosnia and Herzegovina was
16 internationally recognised as an independent state on
17 the 6th of April, 1992, armed hostilities broke out in
18 Sarajevo. Even before the beginning of the conflict,
19 armed forces supporting the Serbian Democratic Party
20 (SDS) and the elements of the Yugoslav People's Army
21 (JNA), including units of the 4th Corps of the 2nd
22 Military District, occupied strategic positions in and
23 around Sarajevo. The city was subsequently subjected
24 to blockade and relentless bombardment and sniper
25 attacks from these positions. Much of the bombardment
1 and sniping was from positions in the hills around and
2 overlooking Sarajevo, from which the attackers had a
3 clear, detailed, and commanding view of the city and
4 its civilian population.
5 3. On or around the 20th of May, 1992, after
6 a partial withdrawal of the JNA forces from Bosnia, the
7 2nd Military District was effectively transformed into
8 part of the Bosnian Serb Army (VRS - Vojska Republika
9 Srpska). As part of this transformation, the 4th Corps
10 of the 2nd Military District became the Sarajevo
11 Romanija Corps with its headquarters in Lukavica
12 Barracks just to the southwest of Sarajevo.
13 4. (a) For 44 months, the Sarajevo Romanija
14 Corps implemented a military strategy which used
15 shelling and sniping to kill, maim, wound, and
16 terrorise the civilian inhabitants of Sarajevo. The
17 shelling and sniping killed and wounded thousands of
18 civilians of both sexes and all ages, including
19 children and the elderly.
20 (b) The Sarajevo Romanija Corps directed
21 shelling and sniping at civilians who were tending
22 vegetable plots, queueing for bread, collecting water,
23 attending funerals, shopping in markets, riding on
24 trams, gathering wood, or simply walking with their
25 children or friends. People were even injured and
1 killed inside their own homes, being hit by bullets
2 that came through the windows. The attacks on Sarajevo
3 civilians were often unrelated to military actions and
4 were designed to keep the inhabitants in a constant
5 state of terror.
6 (c) Because of the shelling and sniping
7 against civilians, the life of every Sarajevo
8 inhabitant became a daily struggle to survive. Without
9 gas, electricity, or running water, people were forced
10 to venture outside to find basic living necessities.
11 Each time they did so, whether to collect wood, fetch
12 water, or buy some bread, they risked death. In
13 addition to the sheer human carnage that the shelling
14 and sniping caused, the endless threat of death and
15 maiming caused extensive trauma and psychological
16 damage to the inhabitants of Sarajevo.
17 The Accused:
18 5. Stanislav Galic was born the son of
19 Dusan, on the 12th of March, 1943, in Goles village,
20 Banja Luka municipality. He has held the rank of Major
21 General in the Bosnian Serb army (VRS). He assumed
22 command of the Sarajevo Romanija Corps on or about the
23 10th of September, 1992 and remained in that position
24 until about the 10th of August, 1994, during which time
25 the forces under his command and control conducted a
1 campaign of sniping and shelling against the civilian
2 population of Sarajevo.
3 General Allegations:
4 6. The Sarajevo Romanija Corps formed a
5 significant part of the VRS under the ultimate command
6 of Ratko Mladic, the Commander of the Main Staff, and
7 Radovan Karadzic, initially President of the Presidency
8 of the Bosnian Serb administration in Bosnia and
9 Herzegovina and subsequently as President of the
10 Republika Srpska and designated Supreme Commander of
11 its armed forces.
12 7. By the 10th of September, 1992, the
13 Sarajevo Romanija Corps controlled all the Bosnian Serb
14 territory around Sarajevo, including established
15 confrontation lines and artillery positions.
16 8. Stanislav Galic, during his period as
17 Corps Commander of the Sarajevo Romanija Corps, was in
18 a position of superior authority to approximately
19 18.000 military personnel formed into 10 brigades.
20 9. As Corps Commander of the Sarajevo
21 Romanija Corps, Stanislav Galic demonstrated his
22 authority and control over forces comprising and
23 attached to the Sarajevo Romanija Corps inter alia by
24 participating in negotiations and the implementation of
25 a heavy weapons total exclusion zone, controlling
1 access to UNPROFOR and other U.N. personnel to
2 territory around Sarajevo and, in particular, heavy
3 weapon sites.
4 10. Stanislav Galic bears individual
5 criminal responsibility for planning, instigating,
6 ordering, committing, or otherwise aiding and abetting
7 in the planning, preparation, or execution of the
8 campaign of shelling and sniping against the civilian
9 population of Sarajevo and the acts set forth below by
10 the forces and persons under his command, pursuant to
11 Article 7(1) of the Statute of the Tribunal.
12 11. Stanislav Galic also bears individual
13 criminal responsibility as a Commander of the Sarajevo
14 Romanija Corps, responsible for the conduct of
15 subordinates in respect of whom he was in a position of
16 superior authority. Stanislav Galic is responsible for
17 the acts and omissions of his subordinates, knowing, or
18 having reason to know, that the subordinates were about
19 to commit such acts, or had done so, failing to take
20 responsible steps to prevent such acts, or to punish
21 the perpetrators thereof. By failing to take the
22 actions required of a person in superior authority,
23 Stanislav Galic is responsible for the acts and
24 omissions set forth below pursuant to Article 7(3) of
25 the Statute of the Tribunal.
1 12. At all material times relevant to this
2 indictment an armed conflict existed in Bosnia and
3 Herzegovina in the territory of the former Yugoslavia.
4 13. Wherever a crime against humanity, a
5 crime recognised by Article 5 of the Statute of the
6 Tribunal, is charged in this indictment, the alleged
7 acts or omissions were part of a widespread or
8 systematic or large scale attack directed against a
9 civilian population.
10 14. Wherever a violation of the laws or
11 customs of war, a crime recognised by Article 3 of the
12 Statute of the Tribunal, is charged in this indictment,
13 the acts or omissions were directed against civilian
15 15. All counts in this indictment allege the
16 totality of the campaigns of sniping and shelling
17 against the civilian population but the scale was so
18 great that the Schedules to the individual groups of
19 counts in this indictment set forth only a small
20 representative number of individual incidents for
21 specificity of pleading.
22 16. At all relevant times, Stanislav Galic
23 was required to abide by the laws or customs governing
24 the conduct of war.
1 Count 1 (Infliction of Terror).
2 From about 10 September 1992 to about 10
3 August 1994, Stanislav Galic, as Commander of the
4 Bosnian Serb forces comprising or attached to the
5 Sarajevo Romanija Corps, conducted a protracted
6 campaign of shelling and sniping upon civilian areas of
7 Sarajevo and upon the civilian population thereby
8 inflicting terror and mental suffering upon its
9 civilian population.
10 By his acts and omissions, Stanislav Galic is
11 responsible for:
12 Count 1: Violations of the Laws or Customs
13 of War (unlawfully inflicting terror upon civilians as
14 set forth in Article 51 of Additional Protocol I and
15 Article 13 of Additional Protocol II to the Geneva
16 Conventions of 1949) punishable under Article 3 of the
17 Statute of the Tribunal.
18 Counts 2 to 4 (Sniping).
19 Between 10 September 1992 and 10 August 1994,
20 Stanislav Galic, as Commander of Bosnian Serb forces
21 comprising or attached to the Sarajevo Romanija Corps,
22 conducted a coordinated and protracted campaign of
23 sniper attacks upon the civilian population of Sarajevo
24 killing and wounding a large number of civilians of all
25 ages and both sexes, such attacks by their nature
1 involving the deliberate targeting of civilians with
2 direct fire weapons. Specific instances of these
3 attacks include, by way of representative allegations,
4 those matters set forth in the First Schedule to this
6 By his acts and omissions, Stanislav Galic is
7 responsible for:
8 Count 2: Crimes against Humanity (murder)
9 punishable under Article 5(a) of the Statute of the
11 Count 3: Crimes against Humanity (inhumane
12 acts - other than murder) punishable under Article 5(i)
13 of the Statute of the Tribunal.
14 Count 4: Violations of the Laws or Customs
15 of War (attacks on civilians as set forth in Article 51
16 of Additional Protocol I and Article 13 of Additional
17 Protocol II to the Geneva Conventions of 1949)
18 punishable under Article 3 of the Statute of the
20 Counts 5 to 7 (Shelling).
21 Between 10 September 1992 and 10 August 1994,
22 Stanislav Galic, as Commander of Bosnian Serb forces
23 comprising or attached to the Sarajevo Romanija Corps,
24 conducted a coordinated and protracted campaign of
25 artillery and mortar shelling onto civilian areas of
1 Sarajevo and upon its civilian population. The
2 campaign of shelling resulted in thousands of civilians
3 being killed or injured. Specific instances of this
4 shelling include, by way of representative allegations,
5 the matters set forth in the Second Schedule to this
7 By his acts and omissions, Stanislav Galic is
8 responsible for:
9 Count 5: Crimes against Humanity (murder)
10 punishable under Article 5(a) of the Statute of the
12 Count 6: Crimes against Humanity (inhumane
13 acts - other than murder) punishable under Article 5(i)
14 of the Statute of the Tribunal.
15 Count 7: Violations of the Laws or Customs
16 of War (attacks on civilians as set forth in Article 51
17 of Additional Protocol I and Article 13 of Additional
18 Protocol II to the Geneva Conventions of 1949)
19 punishable under Article 3 of the Statute of the
21 Signed by the Prosecutor, Louise Arbour.
22 Your Honour, if you desire, I can read the annexes.
23 JUDGE RIAD: [Interpretation] Let me ask the
25 [English] Mr. Kostic, I trust that your
1 client has understood the indictment. I assume that he
2 has received already the indictment in a language he
3 could understand. Would you please confirm that for
5 MR. KOSTIC: Your Honour, we had an
6 opportunity to meet all day yesterday. Mr. Galic had
7 in his possession a copy of the indictment in the
8 Serbian language. We also had a copy of the indictment
9 in the English language. I am bilingual; I speak
10 Serbian, his language, the one he uses, and I had the
11 ability to confirm the fact that he has read the
12 indictment in the language that he understands.
13 If I may add, Your Honour, that we had a
14 chance to discuss the contents of the indictment, not
15 only the part of the indictment that was read this
16 morning in open court but we also had the opportunity
17 to discuss the First and the Second Schedule to the
18 indictment which was not read. If you wish me to, I
19 can tell you our position in regard to the reading of
20 those two schedules.
21 JUDGE RIAD: The annexes.
22 MR. KOSTIC: Yes, sir.
23 JUDGE RIAD: Would you like us to read it?
24 Would you like the registrar to read it?
25 MR. KOSTIC: Your Honour, I have discussed
1 that matter with Mr. Galic. In the English version,
2 they're called Schedules. And by "annexes," I'm
3 assuming you're referring to the same?
4 JUDGE RIAD: Yes.
5 MR. KOSTIC: And we have discussed the issue
6 of whether or not to read them. Mr. Galic has
7 indicated to me to tell you that we are giving up or
8 waiving our right to have the two annexes read in open
9 court this morning. He has read them, discussed them
10 with me, and he understands the charges and the facts
11 in those two annexes, Your Honour.
12 JUDGE RIAD: Thank you very much for your
14 Then perhaps now, as you know, according to
15 Rule 62(iii) which we have previously mentioned, the
16 accused has within 30 days of the Initial Appearance to
17 plead guilty on each count or to plead not guilty, and
18 I would like you to advise us if he is ready to go into
19 a plea today or to use the 30 days for his, let us say,
20 meditation with you on the subject.
21 MR. KOSTIC: I like the way you phrased that,
22 "meditation." Your Honour, Mr. Galic has been
23 informed of the matters that you have just spoken
24 about. As I indicated to you, he has reviewed the
25 indictment. We have discussed the charges which are in
1 the indictment, which are charges 1 through 7. General
2 Galic has indicated to me that he is prepared to enter
3 a plea this morning to each and every count of the
4 indictment; that is, Counts 1 through 7, I can tell you
5 that the pleas will be not guilty as to each and every
6 count of the indictment, but I'm sure that you will
7 want to confirm that with General Galic.
8 JUDGE RIAD: Then we'll proceed. Thank you
9 very much, Mr. Kostic.
10 MR. KOSTIC: You're welcome.
11 JUDGE RIAD: Mr. Dubuisson, would you please
12 read to us each count, and I would like to ask the
13 accused to stand.
14 [The accused stands]
15 JUDGE RIAD: The accused will have to plead
16 guilty or not guilty on each count.
17 THE REGISTRAR: [Interpretation] Count 1:
18 Violations of the Laws or Customs of War (unlawfully
19 inflicting terror upon civilians as set forth in
20 Article 51 of Additional Protocol 1 and Article 13 of
21 Additional Protocol II to the Geneva Conventions of
22 1949) punishable under Article 3 of the Statute of the
24 THE ACCUSED: [Interpretation] Not guilty.
25 JUDGE RIAD: I'm sorry. I have to put on my
1 headphones. Would you please repeat that, Mr. Galic?
2 THE ACCUSED: [Interpretation] Not guilty.
3 JUDGE RIAD: Thank you. Go on.
4 THE REGISTRAR: [Interpretation] Count 2:
5 Crimes against Humanity (murder) punishable under
6 Article 5(a) of the Statute of the Tribunal.
7 JUDGE RIAD: Yes, Mr. Galic.
8 THE ACCUSED: [Interpretation] Not guilty.
9 JUDGE RIAD: Please proceed, Mr. Dubuisson.
10 THE REGISTRAR: [Interpretation] Count 3:
11 Crimes against Humanity (inhumane acts - other than
12 murder) punishable under Article 5(i) of the Statute of
13 the Tribunal.
14 THE ACCUSED: [Interpretation] Not guilty.
15 THE REGISTRAR: [Interpretation] Count 4:
16 Violations of the Laws or Customs of War (attacks on
17 civilians as set forth in Article 51 of Additional
18 Protocol I and Article 13 of Additional Protocol II to
19 the Geneva Conventions of 1949) punishable under
20 Article 3 of the Statute of the Tribunal.
21 THE ACCUSED: [Interpretation] Your Honour,
22 not guilty.
23 THE REGISTRAR: [Interpretation] Count 5:
24 Crimes against Humanity (murder) punishable under
25 Article 5(a) of the Statute of the Tribunal.
1 THE ACCUSED: [Interpretation] Not guilty.
2 THE REGISTRAR: [Interpretation] Count 6:
3 Crimes against Humanity (inhumane acts - other than
4 murder) punishable under Article 5(i) of the Statute of
5 the Tribunal.
6 THE ACCUSED: [Interpretation] Not guilty.
7 THE REGISTRAR: [Interpretation] Count 7:
8 Violations of the Laws or Customs of War (attacks on
9 civilians as set forth in Article 51 of Additional
10 Protocol I and Article 13 of Additional Protocol II to
11 the Geneva Conventions of 1949) punishable under
12 Article 3 of the Statute of the Tribunal.
13 THE ACCUSED: [Interpretation] Your Honour,
14 not guilty.
15 JUDGE RIAD: Thank you. Mr. Dubuisson, would
16 you please take note of the pleas of not guilty on all
17 the counts.
18 I hardly need to remind our distinguished
19 Prosecutor, Mr. Mark Harmon, of his duty under
20 Rule 66(A)(i) to disclose to the Defence, as he usually
21 does, as soon as possible and no later than 30 days,
22 the materials supporting the indictment. I would also
23 add that our Defence counsel, as well as the
24 Prosecutor, can, according to Rule 72, within 30 days
25 after the disclosure of the supporting materials, file
1 preliminary motions. Any other matters also, of
2 course, can be raised by way of motion before the Trial
4 If you'd like to add anything, I'd like to
5 invite you to. First the Prosecutor and then
6 Mr. Kostic.
7 MR. HARMON: Judge Riad, for your information
8 and for the purposes of the record, the materials that
9 support this indictment are currently in translation.
10 We anticipate they will be completed in their
11 translation in the Serbian language within the 30 days,
12 and we intend to produce them in a timely manner to
13 Mr. Kostic and his client.
14 Additionally, we have informed Mr. Kostic
15 that we are prepared to provide him forthwith with
16 English language versions of the supporting material.
17 JUDGE RIAD: Thank you very much.
18 MR. HARMON: Thank you.
19 JUDGE RIAD: Mr. Kostic, would you like to
20 add anything?
21 MR. KOSTIC: Your Honour, just to add that
22 I've had a preliminary meeting this morning with the
23 Prosecution team or members of the Prosecution team,
24 and they have assured me, as Mr. Harmon has just
25 indicated to you, that the materials in English will be
1 prepared and provided to me sooner than the materials
2 in the Serbian language, and I'm satisfied with their
3 representations at this time.
4 JUDGE RIAD: I thank you very much. I think
5 we can adjourn the meeting, we can adjourn the
6 proceedings, and the future dates will be fixed. Thank
8 --- Whereupon the hearing adjourned at
9 11.45 a.m. sine die