Page 1
1 Monday, 26th January 1998
2 (2.00 pm)
3 JUDGE JORDA: Please be seated. Madam
4 Registrar, would you please ask the accused to be
5 brought in.
6 (Accused brought in)
7 JUDGE JORDA: Could the accused be seated and
8 please could the headphones be given to him, so he can
9 hear the President of the Trial Chamber. Can you hear
10 me, please?
11 THE ACCUSED: Yes.
12 JUDGE JORDA: Please be seated. You may be
13 seated. We are now going to go on with the initial
14 appearance, with the accused Goran Jelisic. Accused,
15 would you please stand up, and please could you say
16 your first and last name, your date and place of birth,
17 your profession and the place where you lived when you
18 were arrested.
19 THE ACCUSED: My name is Goran Jelisic, I am
20 also known by my nickname, Adolf. I was born on
21 7th June 1968 in Bijeljina and I am a mechanic for
22 agricultural machinery.
23 JUDGE JORDA: Could you tell me where your
24 domicile was?
25 MR JELISIC: Slobodana Jovanovic street,
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1 number 5, in Bijeljina in Republika Serbska.
2 JUDGE JORDA: In Bijeljina. You may be
3 seated, Mr Jelisic. I am going to ask you now what is
4 the counsel -- who is the counsel who will defend you?
5 Could you tell me who is your counsel or Defence?
6 I would like to know who will appear on your behalf.
7 Mr Jelisic, could you please confirm, I do not know
8 whether you can hear the interpreters, could you please
9 tell me who is your lawyer?
10 MR JELISIC: Mr Igor Pantelic.
11 JUDGE JORDA: The reason why I am asking is
12 because the Registry informed me that there were some
13 variations about that fact, I just wanted from you the
14 confirmation that it was Mr Pantelic who was your
15 counsel.
16 Could you, Mr Pantelic, tell me that you are
17 the chosen counsel, did you have a mandate given by
18 Mr Jelisic?
19 MR PANTELIC: Yes, your Honour, this morning
20 I arrange all necessary papers. I came yesterday to
21 The Hague and furthermore, I would like also to inform
22 this Trial Chamber that I will be acting in this case
23 as lead counsel and my co-counsel is my distinguished
24 colleague Mr Veselin Londrovic from Bijeljina and also
25 I would like to inform you that I submitted all
Page 3
1 necessary papers including power of attorney, signed by
2 Mr Jelisic, and stated that me and my colleague
3 Mr Londrovic are his defence counsels.
4 JUDGE JORDA: So Madam Registrar, could you
5 please confirm what was just told by the accused on the
6 one hand, who chose Mr Pantelic as his counsel and also
7 I would like the confirmation that -- was it the
8 accused who decided for two lawyers?
9 THE REGISTRAR: Today we received in the
10 Registry that Mr Pantelic should be the counsel, this
11 was decided by the accused and when it comes to
12 Mr Londrovic, it was decided some time ago.
13 JUDGE JORDA: Mr Jelisic, can I confirm then
14 that you have two counsels, Mr Pantelic who is leading
15 your defence, Mr Pantelic being the one who leads your
16 defence case?
17 MR JELISIC: Yes.
18 JUDGE JORDA: That is so. Mr Pantelic is
19 your counsel for the Defence, with a colleague of his
20 from Bijeljina whose name I have not understood, but
21 Madam Registrar will be probably able to tell us the
22 name.
23 THE REGISTRAR: Yes, it is Mr Veselin
24 Londrovic.
25 JUDGE JORDA: I would just like to tell you
Page 4
1 about the Rules, about our Statute and the procedure.
2 According to Article 20 of our Statute, the indictment
3 and the rights of the accused should be respected.
4 I am going to speak later on in a bit more detail about
5 those rights. We have to ensure that the accused has
6 understood the contents of the indictment and ask him
7 whether he pleads guilty or not guilty, and also there
8 are certain rights of the accused, one of those being
9 to be informed in a language that he understands and in
10 details about the nature and the motives of the charges
11 against him.
12 The text of the Statute, voted in 1993 by the
13 Security Council, have been completed by the Rules of
14 Procedure and Evidence, created by the judges from this
15 Tribunal, and there are various Rules, out of those
16 Rule 82, on which we are going to base ourselves today
17 and so we have to proceed according to certain
18 formalities. We have to read the indictment to the
19 accused in a language that he speaks and understands
20 and also we have to make sure that the accused
21 understands the indictment. We have to hear whether he
22 pleads guilty or not guilty on each count of the
23 indictment, and then we have to see whether he pleads
24 guilty or not guilty. In case the accused pleads not
25 guilty, the Registrar has to decide about the date of
Page 5
1 the trial, and in case the accused pleads guilty to set
2 the date for the verdict and also in case it is
3 necessary, we have to fix all the other relevant
4 dates.
5 Now I am turning myself to Mr Pantelic. Is
6 the indictment from July 1995, was it given -- was the
7 indictment given to the accused, has the accused
8 understood its contents?
9 MR PANTELIC: Yes, your Honour, that was done
10 fully in accordance with the Rules of Procedure, but
11 please allow me to give you some facts which might be
12 very, very important before we move to today's
13 session. The Defence would like to bring to your
14 attention, your Honour, some very important facts. We
15 are in possession of one very important document that
16 might be related to this stage of procedure, in
17 accordance with Rule 62. Unfortunately, due to the
18 lack of time for preparation for this hearing, and due
19 to the fact that I have received it immediately prior
20 to this session today, I am giving all my apologies to
21 this Trial Chamber for this inconvenience.
22 The document in question might have
23 substantial influence with regard to one of the
24 fundamental principles of law, and that is fairness of
25 trial, not to mention the other basic human rights,
Page 6
1 which are profoundly incorporated in the structure of
2 this Tribunal.
3 JUDGE JORDA: Mr Pantelic --
4 MR PANTELIC: Your Honour, I have one very
5 precise suggestion.
6 JUDGE JORDA: Yes, I have got a suggestion,
7 but it is the President of the Trial Chamber who is to
8 set the agenda for today. This is an initial
9 appearance. Regardless of the fact what document it
10 is, please do not interrupt me when it is not
11 necessary. I am going to set the agenda for this
12 trial, but please, I would like first of all to apply
13 Article 62. I am going to turn myself now towards the
14 Prosecution and I would like to have the appearances
15 for the Prosecution, so could I please have the
16 appearances for the Prosecution.
17 MR BOWERS: Good afternoon, your Honours,
18 Terree Bowers and my colleague.
19 MR TOCHILOVSKY: Your Honours, my name is
20 Vladimir Tochilovsky and we appear for the Prosecution.
21 MR PANTELIC: Your Honour, just a second.
22 I have a suggestion --
23 JUDGE JORDA: But please could you take the
24 floor only when I give you the floor. It is a question
25 of politeness. Please would you respect the ontology
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1 of all legal institutions.
2 MR PANTELIC: Your Honour, I need not public
3 session for five minutes, not more, to submit to you a
4 very important document and after that we can proceed.
5 That is only my proposal.
6 JUDGE JORDA: Maybe you need a private
7 session, but I need a public session in order to
8 confirm the indictment and this accused that has been
9 arrested on the charges pressed against him according
10 to the indictment from June 1995, and this needs to be
11 done and then later on maybe I can grant your request
12 and if necessary it can be done in private session, but
13 before any other motions, because, you understand that,
14 you are a very knowledgeable lawyer, but you do
15 understand that we cannot do anything now before we
16 start applying the procedure according to Article 62.
17 MR PANTELIC: -- In accordance with Rule 62.
18 In that case, I request to have a closed session
19 immediately after this hearing, if it is possible.
20 That is my official request. Thank you very much.
21 JUDGE JORDA: I will consult my colleagues.
22 (Pause).
23 The Chamber has decided that for the time
24 being it will follow Rule 62 and we will have the
25 indictment read, the indictment of 30th June 1995.
Page 8
1 After the reading, we will ask the accused to plead
2 guilty or not guilty to each of the counts. If at that
3 time the Defence has a request to make, that is in a
4 closed session, it will be presented so that the
5 Prosecutor can also express himself as well, but there
6 is a fundamental principle which means that the
7 initial -- at the initial appearance the indictment
8 must be read to the accused.
9 Madam Registrar, would you please start the
10 reading of the indictment of 30th June 1995.
11 THE REGISTRAR: The Prosecutor of the
12 Tribunal against Goran Jelisic, also known as Adolf,
13 and Ranko Cesic.
14 Richard J Goldstone, Prosecutor of the
15 International Criminal Tribunal for the former
16 Yugoslavia, pursuant to his authority under Article 18
17 of the Statute of the International Criminal Tribunal
18 for the former Yugoslavia, charges:
19 1. Beginning on about 30th April 1992, Serb
20 forces from Bosnia and elsewhere in the former
21 Yugoslavia fought to obtain control of Brcko, a town
22 and municipality in the Republic of Bosnia and
23 Herzegovina in the former Yugoslavia. Serb forces
24 forcibly expelled Croat and Muslim residents from their
25 homes and, with the assistance of local Serb
Page 9
1 authorities, held them at collection centres, where
2 many were killed, beaten and otherwise mistreated.
3 Many of the women, children and elderly were confined
4 at the nearby village of Brezovo Polje. Most of the
5 men of military age, and a few women, were taken to
6 Luka camp.
7 2. From about 7th May 1992 until early July
8 1992, Serb forces confined hundreds of Muslim and Croat
9 men, and a few women, at Luka camp in inhumane
10 conditions and under armed guard. From about 7th May
11 1992 until about 21st May 1992, detainees were
12 systematically killed at Luka. Almost every day during
13 that time, the accused, often assisted by camp guards,
14 entered Luka's main hangar where most detainees were
15 kept, selected detainees for interrogation, beat them
16 and then often shot and killed them.
17 3. The accused, often assisted by camp
18 guards, usually shot detainees at close range in the
19 head or back. Often, the accused and camp guards
20 forced the detainees who were to be shot to put their
21 heads on a metal grate that drained into the Sava
22 River, so that there would be minimal clean-up after
23 the shootings. The accused and guards then ordered
24 other detainees to move the bodies to one of two
25 disposal areas where the bodies were piled until they
Page 10
1 were later loaded on trucks and taken to mass graves
2 outside the town of Brcko or disposed of in other ways.
3 4. From about 21st May 1992 until early July
4 1992, the detainees were subjected to beatings and,
5 less frequently than before, killings.
6 5. In early July 1992, the surviving Luka
7 detainees were transferred to another detention camp at
8 Batkovic.
9 6. During the time Luka camp operated, the
10 Serb authorities killed hundreds of Muslim and Croat
11 detainees.
12 The accused.
13 7. On about 1st May 1992, Goran Jelisic, who
14 was born on 7th June 1968 in Bijeljina, came to Brcko
15 from Bijeljina, where he had worked as an agricultural
16 machinery mechanic. During most of May 1992, Goran
17 Jelisic acted as the commander of Luka camp and called
18 him the "Serb Adolf".
19 8. Ranko Cesic, who was born in 1964 in
20 Drvar, lived in Brcko before the war. During May and
21 June 1992, he acted under the apparent authority of the
22 Brcko police and held a position of authority at Luka
23 camp.
24 General allegations.
25 9. Unless otherwise set forth below, all
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1 acts and omissions alleged in this indictment took
2 place between about 17th April and 20th November 1992
3 in Brcko municipality in the Republic of Bosnia and
4 Herzegovina in the territory of the former Yugoslavia.
5 10. At all times relevant to this
6 indictment, a state of armed conflict and partial
7 occupation existed in the Republic of Bosnia and
8 Herzegovina.
9 11. At all times relevant to this
10 indictment, all persons described in this indictment as
11 victims were protected by the Geneva Conventions of
12 1949.
13 12. At all relevant times, Goran Jelisic and
14 Ranko Cesic were required to abide by the laws and
15 customs governing the conduct of war, including the
16 Geneva Conventions of 1949.
17 13. Goran Jelisic and Ranko Cesic are
18 individually responsible for the crimes alleged against
19 them in this indictment, pursuant to Article 7(1) of
20 the Tribunal Statute. Individual criminal
21 responsibility includes committing, planning,
22 initiating, ordering or aiding and abetting in the
23 planning, preparation or execution of any crime
24 referred to in Articles 2 to 5 of the Tribunal Statute.
25 14. All acts and omissions charged as crimes
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1 against humanity were part of a widespread, systematic
2 or large-scale attack directed against the Muslim and
3 Croat civilian population of Brcko.
4 15. In each count of this indictment
5 charging torture, the acts were committed by, or at the
6 instigation of, or with the consent or acquiescence of,
7 an official or person acting in an official capacity,
8 and for one or more of the following purposes: to
9 obtain information or a confession from the victim or a
10 third person; to punish the victim for an act the
11 victim or a third person committed or was suspected of
12 having committed; to intimidate or coerce the victim or
13 a third person; and/or for any reason based upon
14 discrimination of any kind.
15 16. Paragraphs 9 to 15 are re-alleged and
16 incorporated into each of the charges set forth below.
17 Charges: count 1, genocide.
18 17. In May 1992, Goran Jelisic, intending to
19 destroy a substantial or significant part of the
20 Bosnian Muslim people as a national, ethnical or
21 religious group, systematically killed Muslim detainees
22 at the Laser Bus company, the Brcko police station and
23 Luka camp. He introduced himself as the "Serb Adolf",
24 said that he had to come to Brcko to kill Muslims and
25 often informed the Muslim detainees and others of the
Page 13
1 number of Muslims he had killed. In addition to
2 killing countless detainees, whose identities are
3 unknown, Goran Jelisic ordered or personally killed the
4 victims described in paragraphs 18, 20-30, 35 and 38.
5 By these actions, Goran Jelisic instigated, ordered,
6 committed or aided and abetted:
7 Count 1: genocide, a crime recognised by
8 Article 4(2)(a) of the Tribunal Statute.
9 MR JELISIC: Your Honour.
10 JUDGE JORDA: Mr Jelisic, please allow the
11 indictment to be read in its entirety.
12 THE REGISTRAR: Counts 2-4, killing of Kemal
13 Sulejmanovic.
14 18. On about 5th or 6th May 1992, Goran
15 Jelisic, accompanied by several soldiers, entered the
16 Laser Bus company building in Brcko and announced to
17 the detainees that he was the "Serb Adolf". Goran
18 Jelisic took the Muslim detainee Kemal Sulejmanovic,
19 also known as Kemo, from the building and shot and
20 killed him. By these actions, Goran Jelisic
21 instigated, ordered or committed:
22 Count 2: a grave breach recognised by
23 Article 2(a) (wilful killing) of the Tribunal Statute;
24 Count 3, a violation of the laws or customs
25 of war recognised by Article 3 of the Tribunal Statute
Page 14
1 and Article 3(1)(a) (murder) of the Geneva Conventions;
2 Count 4, a crime against humanity recognised
3 by Article 5(a) (murder) of the Tribunal Statute.
4 Counts 5-7, killing of Sakib Becirevic and
5 four other men.
6 19. On about 5th May 1992, Ranko Cesic went
7 to the Brcko Partizan Sports Hall where Muslim civilian
8 were being confined, and took the Muslim detainee Sakib
9 Becirevic, also known as Kibe, and four other men,
10 named "Pepa", "Sale" and the two sons of a man called
11 Avdo outside the hall. Ranko Cesic lined up and shot
12 and killed the five detainees with bursts of gunfire.
13 By these actions, Ranko Cesic committed:
14 Count 5: a grave breach recognised by
15 Article 2(a) (wilful killing) of the Tribunal Statute;
16 Count 6: a violation of the laws or customs
17 of war recognised by Article 3 of the Tribunal Statute
18 and Article 3(1)(a) (murder) of the Geneva Conventions;
19 Count 7: a crime against humanity recognised
20 by Article 5(a) (murder) of the Tribunal Statute.
21 Counts 8-10, killing of unknown male.
22 20. On about 6th or 7th May 1992, Goran
23 Jelisic escorted an unknown male detainee down a street
24 near the Brcko police station and then shot him in the
25 head with a Scorpion pistol. By these actions, Goran
Page 15
1 Jelisic committed:
2 Count 8: a grave breach recognised by
3 Article 2(a) (wilful killing) of the Tribunal Statute;
4 Count 9: a violation of the laws or customs
5 of war recognised by Article 3 of the Tribunal Statute
6 and Article 3(1)(a) (murder) of the Geneva Conventions;
7 Count 10: a crime against humanity recognised
8 by Article 5(a) (murder) of the Tribunal Statute.
9 Count 11-13, killing of Hasan Jasarevic.
10 21. On about 7th May 1992, Goran Jelisic,
11 using a Scorpion pistol, shot and killed Hasan
12 Jasarevic, a Muslim detainee who had fled the Brcko
13 police station. By these actions, Goran Jelisic
14 committed:
15 Count 11. A grave breach recognised by
16 Article 2(a) (wilful killing) of the Tribunal Statute;
17 Count 12: a violation of the laws or customs
18 of war recognised by Article 3 of the Tribunal Statute
19 and Article 3(1)(a) (murder) of the Geneva Conventions;
20 Count 13: a crime against humanity recognised
21 by Article 5(a) (murder) of the Tribunal Statute.
22 Counts 14-16, killing of a young man from
23 Sinteraj.
24 22. On about 7th May 1992, Goran Jelisic
25 left the Brcko police station with a young man from the
Page 16
1 neighbourhood of Sinteraj, whose identity is unknown.
2 Goran Jelisic escorted the young man away from the
3 police station to an area where the young man was shot
4 and killed. By these actions, Goran Jelisic
5 instigated, ordered or committed:
6 Count 14: a grave breach recognised by
7 Article 2(a) (wilful killing) of the Tribunal Statute;
8 Count 15: a violation of the laws or customs
9 of war recognised by Article 3 of the Tribunal Statute
10 and Article 3(1)(a) (murder) of the Geneva Conventions;
11 Count 16: a crime against humanity recognised
12 by Article 5(a) (murder) of the Tribunal.
13 Counts 17-19, killing of Ahmet Hodzic or
14 Hadzic.
15 23. On about 7th May 1992, Goran Jelisic
16 took the Muslim detainee Ahmet Hodzic, also known as
17 Papa, a leader of the Brcko SDA (Muslim political
18 party) outside the Brcko police station and beat him
19 with a baton. Together with two guards, Goran Jelisic
20 took Ahmet Hodzic to the same place where Goran
21 Jelisic, earlier that day, had killed a young detainee
22 from Sinteraj. Goran Jelisic told Ahmet Hodzic that he
23 was looking at his town for the last time and then
24 killed him. By these actions, Goran Jelisic
25 instigated, ordered, committed or aided and abetted:
Page 17
1 Count 17: a grave breach recognised by
2 Article 2(a) (wilful killing) of the Tribunal Statute;
3 Count 18: a violation of the laws or customs
4 of war recognised by Article 3 of the Tribunal Statute
5 and Article 3(1)(a) (murder) of the Geneva Conventions;
6 Count 19: a crime against humanity recognised
7 by Article 5(a) (murder) of the Tribunal Statute.
8 Counts 20-22, killing of Suad.
9 24. On about 7th May 1992, Goran Jelisic
10 took a Muslim detainee named Suad from the Brcko police
11 station and beat him with a rifle butt. Goran Jelisic,
12 together with some soldiers, walked Suad to the same
13 area where Goran Jelisic, earlier that day, had killed
14 Ahmet Hodzic and a young man from Sinteraj. After
15 reaching the area, Suad was shot and killed. By these
16 actions, Goran Jelisic instigated, ordered, committed
17 or aided and abetted:
18 Count 20: a grave breach recognised by
19 Article 2(a) (wilful killing) of the Tribunal Statute;
20 Count 21: a violation of the laws or customs
21 of war recognised by Article 3 of the Tribunal Statute
22 and Article 3(1)(a) (murder) of the Geneva Conventions;
23 Count 22. A crime against humanity
24 recognised by Article 5(a) (murder) of the Tribunal
25 Statute.
Page 18
1 Counts 23-25, killing of Amir Novalic.
2 25. On about 7th May 1992, Goran Jelisic
3 shot and killed the Muslim detainee Amir Novalic, also
4 known as Fric, inside the Brcko police station. By
5 these actions, Goran Jelisic instigated, ordered or
6 committed:
7 Count 23: a grave breach recognised by
8 Article 2(a) (wilful killing) of the Tribunal Statute;
9 Count 24: a violation of the laws or customs
10 of war recognised by Article 3 and of the Tribunal
11 Statute and Article 3(1)) (murder) of the Geneva
12 Conventions;
13 Count 25, a crime against humanity recognised
14 by Article 5(a) (murder) of the Tribunal Statute.
15 Counts 26-28, killing of Sead Cerimagic and
16 Jasminko Cumurovic.
17 26. On about 8th May 1992, Goran Jelisic and
18 Ranko Cesic took the Muslim detainee Sead Cerimagic
19 (also known as Cita) and Jasminko Cumurovic (also known
20 as Jasce and Jasmin) from the main hangar building at
21 Luka camp and shot and killed them. By these actions,
22 Goran Jelisic and Ranko Cesic instigated, ordered,
23 committed or aided and abetted:
24 Count 26: a grave breach recognised by
25 Article 2(a) (wilful killing) of the Tribunal Statute;
Page 19
1 Count 27: a violation of the laws or customs
2 of war recognised by Article 3 of the Tribunal Statute
3 and Article 3(1)(a) (murder) of the Geneva Conventions;
4 Count 28: a crime against humanity recognised
5 by Article 5(a) (murder) of the Tribunal Statute.
6 Counts 29-31, killing of Huso and Smajil
7 Zahirovic.
8 27. On about 8th May 1992, at Luka camp,
9 Goran Jelisic accused two Muslim brothers from Zvornik,
10 Huso and Smajil Zahirovic, of fighting for the Muslim
11 resistance. Goran Jelisic took them outside of the
12 main hangar building where they were shot and killed.
13 By these actions, Goran Jelisic instigated, ordered or
14 committed:
15 Count 29: a grave breach recognised by
16 Article 2(a) (wilful killing) of the Tribunal Statute;
17 Count 30: a violation of the laws or customs
18 of war recognised by Article 3 of the Tribunal Statute
19 and Article 3(1)(a) (murder) of the Geneva
20 Conventions;.
21 Count 31: a crime against humanity recognised
22 by Article 5(a) (murder) of the Tribunal Statute.
23 Counts 32-37, torture and killing of Naza
24 Bukvic.
25 28. On about 9th May 1992, near the main
Page 20
1 hangar building at Luka camp, Goran Jelisic, Ranko
2 Cesic and others questioned the Muslim detainee Naza
3 Bukvic about the whereabouts and activities of her
4 brother, beat her with police batons and a shovel and
5 then killed her. By these actions, Goran Jelisic and
6 Ranko Cesic instigated, ordered, committed or aided and
7 abetted:
8 Counts 32-33: grave breaches recognised by
9 Articles 2(b) (torture) and 2(a) (wilful killing) of
10 the Tribunal Statute;
11 Counts 34-35: violations of the laws or
12 customs of war recognised by Article 3 of the Tribunal
13 Statute and Article 3(1)(a) (torture) and (murder) of
14 the Geneva Conventions;
15 Counts 36-37: crimes against humanity
16 recognised by Articles 5(f) (torture) and 5(a) (murder)
17 of the Tribunal Statute.
18 Counts 38-40, killing of Muharem Ahmetovic.
19 29. On about 9th May 1992, Goran Jelisic
20 called the Muslim detainee Muharem Ahmetovic, the
21 father of Naza Bukvic, from the main hangar building at
22 Luka camp and killed him. By these actions, Goran
23 Jelisic instigated, ordered or committed:
24 Count 38. A grave breach recognised by
25 Article 2(a) (wilful killing) of the Tribunal Statute;
Page 21
1 Count 39: a violation of the laws or customs
2 of war recognised by Article 3 of the Tribunal Statute
3 and Article 3(1)(a) (murder) of the Geneva Conventions;
4 Count 40, a crime against humanity recognised
5 by Article 5(a) (murder) of the Tribunal Statute.
6 Counts 41-43, killing of Stipo Glavocevic.
7 30. On about 9th May 1992, Goran Jelisic
8 brought a Croat detainee named Stipo Glavocevic (also
9 known as Stjepo), who had at least one ear cut off and
10 was covered in blood, into the main hangar building at
11 Luka and forced him to kneel in the centre of the
12 hangar. Goran Jelisic beat Stipo Glavocevic. Goran
13 Jelisic then directed a guard to shoot and kill Stipo
14 Glavocevic just outside the entrance to the main
15 hangar. By these actions, Goran Jelisic instigated,
16 ordered, committed or aided and abetted:
17 Count 41: a grave breach recognised by
18 Article 2(a) (wilful killing) of the Tribunal Statute;
19 Count 42: a violation of the laws or customs
20 of war recognised by Article 3 of the Tribunal Statute
21 and Article 3(1)(a) (murder) of the Geneva Conventions;
22 Count 43: a crime against humanity recognised
23 by Article 5(a) (murder) of the Tribunal Statute.
24 Counts 44-46, killing of Sejdo.
25 31. On about 9th May 1992, Sejdo, a Muslim
Page 22
1 fisherman whose last name is unknown, arrived at Luka
2 camp in the trunk of a car. Ranko Cesic put Sejdo in a
3 small warehouse, beat him and then shot and killed
4 him. By these actions, Ranko Cesic committed:
5 Count 44. A grave breach recognised by
6 Article 2(a) (wilful killing) of the Tribunal Statute;
7 Count 45: a violation of the laws or customs
8 of war recognised by Article 3 of the Tribunal Statute
9 and Article 3(1)(a) (murder) of the Geneva Conventions;
10 Count 46: a crime against humanity recognised
11 by Article 5(a) (murder) of the Tribunal Statute.
12 Counts 47-49, killing of Mirsad Glavovic.
13 32. On about 11th May 1992, Ranko Cesic
14 called the Muslim policeman Mirsad Glavovic from the
15 main hangar building at Luka camp. Ranko Cesic ordered
16 Mirsad Glavovic to say goodbye and shake hands with the
17 other detainees. Ranko Cesic then took Mirsad Glavovic
18 outside the hangar building, beat him and killed him.
19 By these actions, Ranko Cesic instigated, ordered or
20 committed:
21 Count 47: a grave breach recognised by
22 Article 2(a) (wilful killing) of the Tribunal Statute;
23 Count 48: a violation of the laws or customs
24 of war recognised by Article 3 of the Tribunal Statute
25 and Article 3(1)(a) (murder) of the Geneva Conventions;
Page 23
1 Count 49: a crime against humanity recognised
2 by Article 5(a) (murder) of the Tribunal Statute.
3 Counts 50-52, sexual assault.
4 33. On about 11th May 1992, at Luka camp,
5 Ranko Cesic forced, at gun point, Muslim detainees A
6 and B, who were brothers detained there, to beat each
7 other and perform sexual acts on each other in the
8 presence of others, causing them great humiliation and
9 degradation. By these actions, Ranko Cesic instigated,
10 ordered or committed:
11 Count 50: a grave breach recognised by
12 Article 2(b) (inhuman treatment) of the Tribunal
13 Statute;
14 Count 51: a violation of the laws or customs
15 of war recognised by Article 3 of the Tribunal Statute
16 and Article 3(1)(c) (humiliating and degrading
17 treatment) of the Geneva Conventions;
18 Count 52: a crime against humanity recognised
19 by Article 5(g) (rape, which includes other forms of
20 sexual assault) of the Tribunal Statute.
21 Counts 53-55, beatings of Zejcir and Resad
22 Osmic.
23 34: between 10th and 12th May 1992, Goran
24 Jelisic participated in the interrogation and beating
25 of the Muslim brothers Zejcir and Resad Osmic. Goran
Page 24
1 Jelisic beat Zejcir and Resad Osmic with a baton and
2 cut Resad Osmic's forearms with a military knife. Both
3 brothers suffered head injuries, and Resad lost
4 consciousness as a result of the beatings. By these
5 actions, Goran Jelisic instigated, ordered or
6 committed:
7 Count 53: a grave breach recognised by
8 Article 2(c) (wilfully causing great suffering) of the
9 Tribunal Statute;
10 Count 54: a violation of the laws or customs
11 of war recognised by Article 3 of the Tribunal Statute
12 and Article 3(1)(a) (cruel treatment) of the Geneva
13 Conventions;
14 Count 55: a crime against humanity recognised
15 by Article 5(i) (inhumane acts) of the Tribunal
16 Statute.
17 Counts 56-58, killing of Novalija.
18 35. On about 12th May 1992, in the main
19 hangar building at Luka camp, Goran Jelisic beat
20 Novalija, an elderly Muslim man, with a metal pipe,
21 shovel and wooden stick. Novalija died as a result of
22 the beatings. By these actions, Goran Jelisic
23 instigated, ordered or committed:
24 Count 5 6: a grave breach recognised by
25 Article 2(a) (wilful killing) of the Tribunal Statute;
Page 25
1 Count 57: a violation of the laws or customs
2 of war recognised by Article 3 of the Tribunal Statute
3 and Article 3(1)(a) (murder) of the Geneva Conventions;
4 Count 58: a crime against humanity recognised
5 by Article 5(a) (murder) of the Tribunal Statute.
6 Counts 59-61, killing of Nihad Jasarevic.
7 36. On about 12th or 13th May 1992, in the
8 main hangar building at Luka camp, Ranko Cesic and
9 another person beat the Muslim detainee Nihad Jasarevic
10 with a wooden club that contained a lead cylinder,
11 killing Nihad Jasarevic. By these actions, Ranko Cesic
12 instigated, ordered, committed or aided and abetted:
13 Count 59: a grave breach recognised by
14 Article 2(a) (wilful killing) of the Tribunal Statute;
15 Count 60: a violation of the laws or customs
16 of war recognised by Article 3 of the Tribunal Statute
17 and Article 3(1)(a) (murder) of the Geneva Conventions;
18 Count 61: a crime against humanity recognised
19 by Article 5(a) (murder) of the Tribunal Statute.
20 Counts 62-64, beatings of Muhamed Bukvic.
21 37. On about 13th May 1992, at Luka, Goran
22 Jelisic used a baton to beat the Muslim detainee
23 Muhamed Bukvic over his entire body. By these actions,
24 Goran Jelisic committed:
25 Count 62: a grave breach recognised by
Page 26
1 Article 2(c) (wilfully causing great suffering) of the
2 Tribunal Statute;
3 Count 63: a violation of the laws or customs
4 of war recognised by Article 3 of the Tribunal Statute
5 and Article 3(1)(a) (cruel treatment) of the Geneva
6 Conventions;
7 Count 64: a crime against humanity recognised
8 by Article 5(i) (inhumane acts) of the Tribunal
9 Statute.
10 Counts 65-67, killing of Adnan Kucalovic.
11 38. On about 18th May 1992, Goran Jelisic
12 called the Muslim detainee Adnan Kucalovic from the
13 main hangar at Luka. Goran Jelisic accused Adnan
14 Kucalovic of having a brother who was fighting with the
15 Muslim resistance. Goran Jelisic then participated in
16 the shooting and killing of Adnan Kucalovic. By these
17 actions, Goran Jelisic instigated, ordered, committed
18 or aided and abetted:
19 Count 65: a grave breach recognised by
20 Article 2(a) (wilful killing) of the Tribunal Statute;
21 Count 66: a violation of the laws or customs
22 of war recognised by Article 3 of the Tribunal Statute
23 and Article 3(1)(a) (murder) of the Geneva Conventions;
24 Count 67: a crime against humanity recognised
25 by Article 5(a) (murder) of the Tribunal Statute.
Page 27
1 Counts 68-70, beatings of Amir Didic.
2 39. Between about 20th May and 28th May
3 1992, Goran Jelisic interrogated and regularly beat the
4 Muslim detainee Amir Didic with a baton, a cable and
5 nozzle of a fire hose, causing Amir Didic to lose
6 consciousness. By these actions, Goran Jelisic
7 instigated, ordered or committed:
8 Count 68: a grave breach recognised by
9 Article 2(c) (wilfully causing great suffering) of the
10 Tribunal Statute;
11 Count 69: a violation of the laws or customs
12 of war recognised by Article 3 of the Tribunal Statute
13 and Article 3(1)(a) (cruel treatment) of the Geneva
14 Conventions;
15 Count 70: a crime against humanity recognised
16 by Article 5(i) (inhumane acts) of the Tribunal
17 Statute.
18 Counts 71-73, killing of two unknown males.
19 40. Between about 1st June and 6th June
20 1992, Ranko Cesic took four detainees, whose identities
21 are unknown, from the office building at Luka camp to
22 the paved road in front of the main hangar building
23 and, with the assistance of two guards, shot and killed
24 at least two of the detainees. By these actions, Ranko
25 Cesic instigated, ordered, committed or aided and
Page 28
1 abetted:
2 Count 71: a grave breach recognised by
3 Article 2(a) (wilful killing) of the Tribunal Statute;
4 Count 72: a violation of the laws or customs
5 of war recognised by Article 3 of the Tribunal Statute
6 and Article 3(1)(a) (murder) of the Geneva Conventions;
7 Count 73: a crime against humanity recognised
8 by Article 5(a) (murder) of the Tribunal Statute.
9 Counts 74-76, general conditions at Luka
10 camp.
11 41. From about 7th May to about 28th May
12 1992, Goran Jelisic, acting as the commander of Luka,
13 created an atmosphere of terror by killing, abusing and
14 threatening the detainees, thereby subjecting them to
15 extreme psychological trauma, degradation and fear of
16 bodily injury and death. Goran Jelisic also created
17 and maintained inhumane conditions at Luka by depriving
18 them of adequate food, water, medical care and sleeping
19 and toilet facilities. Ranko Cesic assisted Goran
20 Jelisic in creating the atmosphere of terror and the
21 inhumane conditions at Luka. By these actions, Goran
22 Jelisic and Ranko Cesic instigated, ordered, committed
23 or aided and abetted:
24 Count 74: a grave breach recognised by
25 Article 2(c) (wilfully causing great suffering) of the
Page 29
1 Tribunal Statute;
2 Count 75: a violation of the laws or customs
3 of war recognised by Article 3 of the Tribunal Statute
4 and Article 3(1)(a) (cruel treatment) of the Geneva
5 Conventions;.
6 Count 76: a crime against humanity recognised
7 by Article 5(i) (inhumane acts) of the Tribunal
8 Statute.
9 Count 77, plunder of private property.
10 42. From about 7th May to about 28th May
11 1992, Goran Jelisic participated in the plunder of
12 money, watches and other valuable property belonging to
13 persons detained at Luka camp, including Hasib Begic,
14 Zejcir Osmic, Enes Zukic and Armin Drapic. By these
15 actions, Goran Jelisic instigated, ordered, committed
16 or aided and abetted:
17 Count 77. A violation of the laws or customs
18 of war recognised by Article 3(e) (plunder) of the
19 Tribunal Statute.
20 Signed Richard J Goldstone, Prosecutor.
21 JUDGE JORDA: Thank you, Madam Registrar.
22 I would like to be sure that the accused understood
23 this indictment which was read to him when he was
24 arrested.
25 Goran Jelisic, would you please rise and
Page 30
1 state whether or not you understood this indictment,
2 which was translated into your own language.
3 MR JELISIC: Yes, the indictment has been
4 translated into my language and I partially heard it.
5 JUDGE JORDA: You understood it partially?
6 Are there parts which you did not understand or did not
7 hear? Mr Pantelic told us that he had given it to you,
8 that it had been read to you.
9 Mr Pantelic, perhaps you might add something
10 to what your client has said. Are there any parts that
11 must be reread?
12 MR PANTELIC: Your Honour, may I have a
13 second of conference with my client relating to this
14 issue?
15 JUDGE JORDA: Yes, of course. (Pause).
16 MR PANTELIC: Your Honour, it was just simple
17 misunderstanding with interpreters. You can ask my
18 client now.
19 JUDGE JORDA: Mr Jelisic, are there any
20 points that you would like to have repeated to you, yes
21 or no? I would like it to be very clear.
22 MR JELISIC: No.
23 JUDGE JORDA: Thank you. This has now been
24 recorded in the record, as well as the intervention by
25 Mr Pantelic. In any case you will be able to express
Page 31
1 yourself once again and now, while remaining standing,
2 I am going to ask you that you respond to each of the
3 counts which were read to you by the Registrar. For
4 each of them I will ask whether you plead guilty or not
5 guilty.
6 Madam Registrar, we will begin with count 1.
7 You will rise, you will not read everything but simply
8 the name or the title of count 1.
9 MR JELISIC: Your Honour, there is no need to
10 read out each count individually, because these are all
11 lies and fabrications and there is no need for this.
12 JUDGE JORDA: There is a legal procedure in
13 place here, we cannot work in approximations. Not
14 everything has to be reread, but simply the count as it
15 is legally named, for example count 1, genocide, a
16 crime recognised by Article 4(2)(a) of the Tribunal
17 Statute, do you plead guilty or not guilty. That is
18 what I want to do and what must be done.
19 Madam Registrar, start with count 1, read it
20 as it appears in the indictment.
21 THE REGISTRAR: Count 1, genocide, a crime
22 recognised by Article 4(2)(a) of the Tribunal Statute.
23 JUDGE JORDA: Do you plead guilty or not
24 guilty?
25 MR JELISIC: Not guilty.
Page 32
1 JUDGE JORDA: Continue, Madam Registrar.
2 THE REGISTRAR: Count 2, grave breach
3 recognised by Article 2(a) (wilful killing) of the
4 Tribunal Statute.
5 JUDGE JORDA: Guilty or not guilty.
6 MR JELISIC: Not guilty.
7 JUDGE JORDA: Count 3.
8 THE REGISTRAR: Count 3, a violation of the
9 laws or customs of war recognised by Article 3 of the
10 Tribunal Statute and Article 3(1)(a) (murder) of the
11 Geneva Conventions.
12 JUDGE JORDA: Mr Jelisic?
13 MR JELISIC: Not guilty.
14 JUDGE JORDA: Not guilty.
15 MR JELISIC: Not guilty.
16 THE REGISTRAR: (Not interpreted).
17 MR JELISIC: Not guilty.
18 THE REGISTRAR: Count 8, a grave breach
19 recognised by Article 2(a) (wilful killing) of the
20 Tribunal Statute.
21 MR JELISIC: Not guilty.
22 THE REGISTRAR: Count 9, a violation of the
23 laws or customs of war recognised by Article 3 of the
24 Tribunal Statute and Article 3(1)(a) (murder) of the
25 Geneva Conventions.
Page 33
1 MR JELISIC: Not guilty.
2 THE REGISTRAR: Count 10, a crime against
3 humanity recognised by Article 5(a) (murder) of the
4 Tribunal Statute.
5 MR JELISIC: Not guilty.
6 THE REGISTRAR: Counts 11-13, killing of
7 Hasan Jasarevic. Count 11 a grave breach recognised by
8 Article 2(a) (wilful killing) of the Tribunal Statute.
9 MR JELISIC: Not guilty.
10 THE REGISTRAR: Count 12, a violation of the
11 laws or customs of war recognised by Article 3 of the
12 Tribunal Statute and Article 3(1)(a) (murder) of the
13 Geneva Conventions.
14 MR JELISIC: Not guilty.
15 THE REGISTRAR: Count 13, a crime against
16 humanity, recognised by Article 5(a) (murder) of the
17 Tribunal Statute.
18 MR JELISIC: Not guilty.
19 THE REGISTRAR: Counts 14-16, killing of a
20 young man from Sinteraj. Count 14 a grave breach
21 recognised by Article 2(a) (wilful killing) of the
22 Tribunal Statute.
23 MR JELISIC: Not guilty.
24 THE REGISTRAR: Count 15, a violation of the
25 laws or customs of war recognised by Article 3 of the
Page 34
1 Tribunal Statute and Article 3(1)(a) (murder) of the
2 Geneva Conventions.
3 MR JELISIC: Not guilty.
4 THE REGISTRAR: Count 16, a crime against
5 humanity recognised by Article 5(a) (murder) of the
6 Tribunal Statute.
7 MR JELISIC: Not guilty.
8 THE REGISTRAR: Counts 17-19, killing of
9 Ahmed Hodzic or Hadzic. Count 17, a grave breach
10 recognised by Article 2(a) (wilful killing) of the
11 Tribunal Statute.
12 MR JELISIC: Not guilty.
13 THE REGISTRAR: Count 18, a violation of the
14 laws or customs of war, recognised by Article 3 of the
15 Tribunal Statute and Article 3(1)(a) (murder) of the
16 Geneva Conventions.
17 MR JELISIC: Not guilty.
18 THE REGISTRAR: Count 19, a crime against
19 humanity recognised by Article 5(a) (murder) of the
20 Tribunal Statute.
21 MR JELISIC: Not guilty.
22 THE REGISTRAR: Counts 20 to 22, killing of
23 Suad. Count 20, a grave breach recognised by Article
24 2(a) (wilful killing) of the Tribunal Statute.
25 MR JELISIC: Not guilty.
Page 35
1 THE REGISTRAR: Count 21, a violation of the
2 laws or customs of war, recognised by Article 3 of the
3 Tribunal Statute and Article 3(1)(a) (murder) of the
4 Geneva Conventions.
5 MR JELISIC: Not guilty.
6 THE REGISTRAR: Count 22, a crime against
7 humanity recognised by Article 5(a) (murder) of the
8 Tribunal Statute.
9 MR JELISIC: I plead not guilty.
10 THE REGISTRAR: Counts 23-25, killing of Amir
11 Novalic. Count 23, a grave breach recognised by
12 Article 2(a) (wilful killing) of the Tribunal Statute.
13 MR JELISIC: I plead not guilty.
14 THE REGISTRAR: Count 24, a violation of the
15 laws or customs of war recognised by Article 3 of the
16 Tribunal Statute and Article 3(1) (murder) of the
17 Geneva Conventions.
18 MR JELISIC: I plead not guilty.
19 THE REGISTRAR: Count 25, a crime against
20 humanity, recognised by Article 5(a) (murder) of the
21 Tribunal Statute.
22 MR JELISIC: I plead not guilty.
23 THE REGISTRAR: Counts 26-28, killing of Sead
24 Cerimagic and Jasminko Cumurovic. Count 26, a grave
25 breach recognised by Article 2(a) (wilful killing) of
Page 36
1 the Tribunal Statute.
2 MR JELISIC: I plead not guilty.
3 THE REGISTRAR: Count 27, a violation of the
4 laws or customs of war recognised by Article 3 of the
5 Tribunal Statute and Article 3(1)(a) (murder) of the
6 Geneva Conventions.
7 MR JELISIC: I plead not guilty.
8 THE REGISTRAR: Count 28, a crime against
9 humanity recognised by Article 5(a) (murder) of the
10 Tribunal Statute.
11 MR JELISIC: I plead not guilty.
12 THE REGISTRAR: Counts 29-31, killing of Huso
13 and Smajil Zahirovic. Count 29, a grave breach
14 recognised by Article 2(a) (wilful killing) of the
15 Tribunal Statute.
16 MR JELISIC: I plead not guilty.
17 THE REGISTRAR: Count 30, a violation of the
18 laws or customs of war recognised by Article 3 of the
19 Tribunal Statute and Article 3(1)(a) (murder) of the
20 Geneva Conventions.
21 MR JELISIC: I plead not guilty.
22 THE REGISTRAR: Count 31, a crime against
23 humanity recognised by Article 5(a) (murder) of the
24 Tribunal Statute).
25 MR JELISIC: I plead not guilty.
Page 37
1 THE REGISTRAR: Counts 32-37, torture and
2 killing of Naza Bukvic. Counts 32 and 33, grave
3 breaches recognised by Articles 2(b) (torture) and 2(a)
4 (wilful killing) of the Tribunal Statute.
5 MR JELISIC: I plead not guilty.
6 THE REGISTRAR: Counts 34 and 35, violations
7 of the laws or customs of war recognised by Article 3
8 of the Tribunal Statute and Article 3(1)(a) (torture).
9 MR JELISIC: I plead not guilty.
10 THE REGISTRAR: 34 and 35, violations of the
11 laws or customs of war, recognised by Article 3 of the
12 Tribunal Statute and Article 3(1)(a) (torture) and
13 (murder) of the Geneva Conventions.
14 MR JELISIC: I plead not guilty.
15 THE REGISTRAR: Count 36, crimes against
16 humanity recognised by Articles 5(f) (torture).
17 MR JELISIC: I plead not guilty.
18 THE REGISTRAR: Count 37, crime against
19 humanity, recognised by Article 5(a) (murder) of the
20 Tribunal Statute).
21 MR JELISIC: I plead not guilty.
22 THE REGISTRAR: Counts 38-40, killing of
23 Muharem Ahmetovic. Count 38, a grave breach recognised
24 by Article 2(a) (wilful killing) of the Tribunal
25 Statute.
Page 38
1 MR JELISIC: I plead not guilty.
2 THE REGISTRAR: Count 39, a violation of the
3 laws or customs of war recognised by Article 3 of the
4 Tribunal Statute and Article 3(1)(a) (murder) of the
5 Geneva Conventions.
6 MR JELISIC: I plead not guilty.
7 THE REGISTRAR: Count 40, a crime against
8 humanity recognised by Article 5(a) (murder) of the
9 Tribunal Statute.
10 MR JELISIC: I plead not guilty.
11 THE REGISTRAR: Counts 41 through 43, killing
12 of Stipo Glavocevic. Count 41, a grave breach
13 recognised by Article 2(a) (wilful killing) of the
14 Tribunal Statute.
15 MR JELISIC: I plead not guilty.
16 THE REGISTRAR: Count 42, a violation of the
17 laws or customs of war recognised by Article 3 of the
18 Tribunal Statute and Article 3(1)(a) (murder) of the
19 Geneva Conventions.
20 MR JELISIC: I plead not guilty.
21 THE REGISTRAR: Count 43, a crime against
22 humanity recognised by Article 5(a) (murder) of the
23 Tribunal Statute.
24 MR JELISIC: I plead not guilty.
25 THE REGISTRAR: Count 53-55, beatings of
Page 39
1 Zejcir and Resad Osmic. Count 53, a grave breach
2 recognised by Article 2(c) (wilfully causing great
3 suffering) of the Tribunal Statute.
4 MR JELISIC: I plead not guilty.
5 THE REGISTRAR: Count 54, a violation of the
6 laws and customs of war recognised by Article 3 of the
7 Tribunal Statute and Article 3(1)(a) (cruel treatment)
8 of the Geneva Conventions.
9 MR JELISIC: I plead not guilty.
10 THE REGISTRAR: Count 55, a crime against
11 humanity recognised by Article 5(i) (inhumane acts) of
12 the Tribunal Statute.
13 MR JELISIC: I plead not guilty.
14 THE REGISTRAR: Counts 56 through 58, killing
15 of Novalija. Count 56, a grave breach, recognised by
16 Article 2(a) (wilful killing) of the Tribunal Statute.
17 MR JELISIC: I plead not guilty.
18 THE REGISTRAR: Count 57, a violation of the
19 laws or customs of war recognised by Article 3 of the
20 Tribunal Statute and Article 3(1)(a) (murder) of the
21 Geneva Conventions.
22 MR JELISIC: I plead not guilty.
23 THE REGISTRAR: Count 58, a crime against
24 humanity recognised by Article 5(a) (murder) of the
25 Tribunal Statute.
Page 40
1 MR JELISIC: I plead not guilty.
2 THE REGISTRAR: Counts 62-64, beatings of
3 Muhamed Bukvic. Count 62, a grave breach recognised by
4 Article 2(c) (wilfully causing great suffering) of the
5 Tribunal Statute.
6 MR JELISIC: I plead not guilty.
7 THE REGISTRAR: Count 63, a violation of the
8 laws or customs of war recognised by Article 3 of the
9 Tribunal Statute and Article 3(1)(a) (cruel treatment)
10 of the Geneva Conventions.
11 MR JELISIC: I plead not guilty.
12 THE REGISTRAR: Count 64, a crime against
13 humanity recognised by Article 5(i) (inhumane acts) of
14 the Tribunal Statute.
15 MR JELISIC: I plead not guilty.
16 THE REGISTRAR: Counts 65-67, killing of
17 Adnan Kucalovic. Count 65, a grave breach recognised
18 by Article 2(a) (wilful killing) of the Tribunal
19 Statute).
20 MR JELISIC: I plead not guilty.
21 THE REGISTRAR: Count 66, a violation of the
22 laws or customs of war, recognised by Article 3 of the
23 Tribunal Statute and Article 3(1)(a) (murder) of the
24 Geneva Conventions.
25 MR JELISIC: I plead not guilty.
Page 41
1 THE REGISTRAR: Count 67, a crime against
2 humanity recognised by Article 5(a) (murder) of the
3 Tribunal Statute.
4 MR JELISIC: I plead not guilty.
5 THE REGISTRAR: Counts 68-70, beatings of
6 Amir Didic. Count 68, a grave breach recognised by
7 Article 2(c) (wilfully causing great suffering) of the
8 Tribunal Statute.
9 MR JELISIC: I plead not guilty.
10 THE REGISTRAR: Count 69, a violation of the
11 laws or customs of war, recognised by Article 3 of the
12 Tribunal Statute and Article 3(1)(a) (cruel treatment)
13 Geneva Conventions.
14 MR JELISIC: I plead not guilty.
15 THE REGISTRAR: Count 70, a crime against
16 humanity recognised by Article 5(i) (inhumane acts) of
17 the Tribunal Statute.
18 MR JELISIC: I plead not guilty.
19 THE REGISTRAR: Counts 74-76, general
20 conditions at Luka camp. Count 74, a grave breach
21 recognised by Article 2(c) (wilfully causing great
22 suffering) of the Tribunal Statute.
23 MR JELISIC: I plead not guilty.
24 THE REGISTRAR: Count 75, a violation of the
25 laws or customs of war recognised by Article 3 of the
Page 42
1 Tribunal Statute and Article 3(1)(a) (cruel treatment)
2 of the Geneva Conventions.
3 MR JELISIC: I plead not guilty.
4 THE REGISTRAR: Count 76, a crime against
5 humanity recognised by Article 5(i) (inhumane acts) of
6 the Tribunal Statute.
7 MR JELISIC: I plead not guilty.
8 THE REGISTRAR: Count 77, plunder of private
9 property. Count 77, a violation of the laws or customs
10 of war recognised by Article 3(e) (plunder) of the
11 Tribunal Statute.
12 MR JELISIC: I plead not guilty.
13 JUDGE JORDA: Thank you, Madam Registrar.
14 Goran Jelisic, you may be seated. The
15 Tribunal has taken note of the fact that you have
16 pleaded not guilty to all of the counts contained in
17 the indictment produced by the Prosecutor. Having said
18 this, which is now the reality of this case file,
19 I turn to the Prosecutor to ask where we are with the
20 proceedings.
21 Mr Prosecutor, are you now prepared to set
22 the date for a hearing, and then I have to ask
23 Mr Pantelic if he would like to file any preliminary
24 motions. I have not forgotten the request that
25 Mr Pantelic wanted to make.
Page 43
1 Mr Prosecutor, are you prepared, subject to
2 any delays that would be caused by preliminary motions
3 from the Defence?
4 MR BOWERS: Your Honour, we are prepared to
5 move forward at the court's pleasure. We would need
6 approximately two months to relocate witnesses but this
7 case is essentially in a trial-ready format and we are
8 ready to proceed as soon as the court has a courtroom
9 available.
10 JUDGE JORDA: Just a moment. I would not
11 like to mix up technical and legal problems. My
12 question was that if Mr Pantelic does not ask for his
13 right of a 60 day delay to file preliminary motions,
14 would you be ready to proceed to trial, regardless of
15 the technical problems concerning the room? You said
16 that you would need two months to call the witnesses.
17 What do you want to say about that?
18 MR BOWERS: Your Honour, we could start as
19 soon as the court pleases, but we need to just relocate
20 some of the witnesses in the various areas of the
21 former Yugoslavia and Europe, but when we submitted
22 this indictment it was in a trial-ready format, it is
23 simply primarily the logistics of relocating these
24 people. Many of these individuals were at refugee
25 camps, areas such as that, so they probably have
Page 44
1 relocated since the filing of the indictment, but we
2 are prepared to proceed as soon as the court would like
3 us to.
4 JUDGE JORDA: The Trial Chamber has taken
5 note that a trial could start relatively soon. Before
6 I give the floor to Mr Pantelic, I would like to remind
7 you that you have to give all the exhibits, all the
8 material that was given with the indictment to one of
9 the judges of this Tribunal, who is not in this Trial
10 Chamber, together with all the witness statements. Can
11 you give all these documents and within what delay?
12 MR BOWERS: Your Honour, all of those
13 documents have been provided to the accused before this
14 hearing.
15 JUDGE JORDA: Mr Pantelic?
16 MR PANTELIC: Your Honour, it is true, we
17 have -- I will show you, it is not more than 50
18 pages of supporting material, which is I assume at this
19 moment everything which the Prosecutor has.
20 JUDGE JORDA: There is nothing else, you only
21 have the 50 pages, is that all?
22 MR BOWERS: Yes, your Honour, those are the
23 confirming materials that we submitted to the
24 confirming judge in their entirety.
25 JUDGE JORDA: You may be seated.
Page 45
1 Mr Prosecutor, about how many witnesses do
2 you plan to call in during the -- in the trial of Goran
3 Jelisic, about?
4 MR BOWERS: Your Honour, we think we would
5 have a total of between 30 and 40 witnesses. We intend
6 to dispense with the Article 2 charges so that we would
7 not be putting on the general evidence with regard to
8 international conflict, that should significantly
9 expedite the trial.
10 JUDGE JORDA: You are asking for a
11 modification, an amendment to the indictment?
12 MR BOWERS: Your Honour, not at this time.
13 We will submit a formal motion to the court for
14 withdrawal of the Article 2 charges. I just mention
15 this to the court so that it can take that into account
16 in judging the length of the trial. In cases involving
17 Article 2 charges, it is necessary to present general
18 evidence of the international conflict. If we withdraw
19 the Article 2 charges then we will not have to present
20 that type of evidence before the court and it should
21 significantly shorten the trial.
22 JUDGE JORDA: Mr Prosecutor, I would like you
23 to confirm that for the time being you have no other
24 materials to disclose to the Defence. We do agree on
25 that, is that correct?
Page 46
1 MR BOWERS: Yes, your Honour.
2 JUDGE JORDA: Very well, thank you very
3 much. I now turn to Mr Pantelic. You confirm that you
4 received all of the documents which accompanied the
5 indictment.
6 MR PANTELIC: Yes, your Honour.
7 JUDGE JORDA: From this point on, on behalf
8 of my colleagues, I would like to know whether, in
9 principle, you do not have to answer immediately,
10 whether you intend to take advantage of the 60 days
11 that are available to you, that is 60 days which would
12 take us to 26th May, in order to file preliminary
13 motions. Let me remind you, although you must be
14 familiar with our procedures, you know that Rule 62
15 says that after the initial hearing, one of the parties
16 may raise one or several preliminary motions. Do you
17 intend to do so or do you prefer to reflect on that?
18 Are you sure that you are not going to file preliminary
19 motions? This is important for the drafting of the
20 provisional calendar for the trial.
21 MR PANTELIC: Your Honour, according to the
22 quantity and quality of material that is submitted to
23 the Defence prior to this hearing, the Defence is ready
24 for tomorrow to set up trial. We are absolutely ready
25 for tomorrow, so it is up to this Trial Chamber to
Page 47
1 arrange that. It is really not so serious after all
2 these years of collecting the evidence.
3 JUDGE JORDA: This means, Mr Pantelic, I want
4 this to be in the record, that you are not going to
5 file any preliminary motions?
6 MR PANTELIC: I can say we shall not make any
7 pre-trial motions at this moment, but if suddenly some
8 exceptional circumstances will arise, well, I will
9 reconsider my position. Thank you.
10 JUDGE JORDA: Very well. We then remind you
11 that you have 60 days for filing these preliminary
12 motions, or else we will wait for the 60 days to pass
13 in order to set the trial, or else at a given point you
14 will simply state that you are waiving your right to go
15 through to the end of the 60 days. At this point, we
16 are not asking you to commit yourself definitively
17 because, if I have understood you correctly, you are
18 stating you are not going to lodge any preliminary
19 motions but that possibly in the future there might be
20 some and that you wish to reflect further on that
21 matter.
22 MR PANTELIC: Yes, your Honour, but as
23 I stressed I would like on behalf of my client and in
24 the name of the Defence, if it is possible, to hear the
25 right date for the trial, so we can set a trial date
Page 48
1 now. The Defence is absolutely ready for that.
2 JUDGE JORDA: Mr Prosecutor, would you like
3 to propose a date? Does Madam Registrar have a date
4 that she can suggest, or more specifically and
5 completely speaking for any kind of technical
6 implications that might arise out of this, would you
7 prefer to think about it for a while or to speak about
8 it with the Prosecutor. Do you have an idea as to the
9 date of the trial?
10 MR BOWERS: Your Honours, again, I think if
11 we had 60 days to confirm the locations of our
12 witnesses and to go out and recontact them that that
13 would probably be sufficient time for us to actually
14 get all of the witnesses arranged to begin their trial
15 testimony, so it would just require essentially a two
16 month period for resolving some of the logistical
17 problems of locating the witnesses, making arrangements
18 for them to come to The Hague et cetera. Our
19 investigation is complete, we do not anticipate any
20 additional investigation, it is just going back and
21 confirming with people we have already interviewed.
22 JUDGE JORDA: We will not set the date today,
23 but we note that the Prosecutor needs a maximum of two
24 months, I say a maximum of two months, in order to
25 relocate the 30 to 40 witnesses, and Mr Pantelic, about
Page 49
1 how many witnesses do you intend to call?
2 MR PANTELIC: Roughly saying, I think around
3 50, more or less.
4 JUDGE JORDA: Very well.
5 MR PANTELIC: Sorry, your Honour, excluding
6 expert witnesses, of course, of which I have not more
7 than five or six, maybe.
8 JUDGE JORDA: So you would have at least 50
9 and about 40 -- I am trying to look at the largest
10 figures. Therefore there would be about 90 witnesses,
11 which means that like the others, these trials will be
12 rather long and then it would be best to start as
13 quickly as possible. Therefore although we cannot
14 control everything, we can say that starting today the
15 time period -- the 60 day period for filing the
16 preliminary motions will start to be counted, even
17 though some may not be used, and that the Prosecutor
18 needs about 60 days in order to find the witnesses so
19 in any case, the date cannot be set before the end of
20 March or the beginning of April. I therefore suggest
21 that we set a date for a status conference which we
22 could hold at about the end of February, that is
23 halfway through the 60 days, by which time Mr Pantelic
24 will have a better idea whether, with the agreement of
25 his client, he plans to file preliminary motions or
Page 50
1 perhaps he wants to wait for any possible amendments
2 that may be made by the Prosecutor to the indictment
3 and at that point, we will have a better idea about how
4 much time the Prosecutor will need in order to find the
5 witnesses.
6 Therefore I suggest Mr Fourmy, who is the
7 legal officer of the Trial Chamber, I do not know if we
8 can set the date for the status conference because we
9 have to see whether the courtroom is available, but it
10 will be a closed hearing which will probably take place
11 around the end of February, perhaps 27th or 28th? We
12 would need about one hour, maximum.
13 MR FOURMY: That would be possible around the
14 end of February. I would like to recall that there has
15 been a recent schedule change which gives us three
16 possible days, 18th, 19th and 20th February.
17 JUDGE JORDA: What about the last week? For
18 23rd, 24th, 25th and 26th February, but if we were to
19 do that, that would correspond with the time of the
20 Blaskic hearings and there would be the double
21 sessions, the Aleksovski and Blaskic hearings for that
22 second time of the month.
23 JUDGE JORDA: The last date of the last week
24 we might hold our status conference at 9.00 or 2.00,
25 subject to the availability of Mr Pantelic. We will
Page 51
1 inform you of the specific date, but at least we have
2 agreed that we would meet at the mid point of the 60
3 days, that is the time for filing the preliminary
4 motions and the time you need in order to locate your
5 witnesses. I think a month from now we will see things
6 a bit more clearly. At that point, we will see where
7 we are as regards disclosure of documents to
8 Mr Pantelic. It seems for one time all the documents
9 have been disclosed, which is not the case in all the
10 trials. I can only congratulate you for that. At that
11 point, complete with the other Trial Chambers and other
12 benches of judges, we will be able to set the date for
13 trial as quickly as possible. If the Prosecutor has
14 nothing else to say, Mr Pantelic wishes to file a
15 motion in closed session.
16 Do you still wish to plead your motion in a
17 closed session or is that no longer necessary? Do you
18 want to speak about it in public? As you like.
19 MR PANTELIC: As I stressed, your Honour, it
20 was not in whole form an official motion, it was just a
21 simple document, but in this particular case, I can
22 proceed with this explanation in closed session, if you
23 find that it is important; if not, in further period
24 I will inform you by our official ways, according to
25 the Rules, of course. So the question is only about
Page 52
1 one document, nothing more, without some big speech.
2 JUDGE JORDA: Thank you. Mr Prosecutor,
3 perhaps the document could be submitted and then we can
4 evaluate it. What is your opinion, Mr Prosecutor?
5 MR BOWERS: Your Honours, we are at a loss at
6 this point, we are not sure what the document is, but
7 we are certainly willing to discuss it with the Defence
8 and resolve any difficulties with the particular
9 document. It is conceivable that this could be
10 resolved outside of the Trial Chamber.
11 JUDGE JORDA: If you do not need the judges,
12 that is perfect. Mr Pantelic, perhaps you could come
13 to an agreement with the Prosecutor.
14 MR PANTELIC: It is not so directed to the
15 Prosecutor. Mostly it is for the knowledge of this
16 Trial Chamber, so I do not see any particular reason to
17 have any additional conference with the Prosecutor. It
18 was only, as I stressed, for the judicial record and
19 for the use of this Trial Chamber. That is simple.
20 I cannot do that in public.
21 JUDGE JORDA: I wish to consult with my
22 colleagues. (Pause). The Trial Chamber has decided
23 that the initial appearance hearing is now complete and
24 we can speak with the lawyer about the document that he
25 wishes to produce. At this point, we will go into a
Page 53
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17 JUDGE JORDA: We will go back into public
18 session, have the accused brought in, after which we
19 will terminate the hearing.
20 MR BOWERS: Mr President, I have just one
21 matter of clarification regarding the discovery that we
22 have provided to the accused, if we could just address
23 that briefly when the accused returns.
24 JUDGE JORDA: Yes, yes, of course. The
25 accused is coming back. Have him brought in, please.
Page 60
1 (Accused brought in)
2 JUDGE JORDA: Mr Jelisic, you may be seated.
3 Mr Jelisic, your counsel has presented the problem
4 which concerned him to us, and we thought it would be
5 good to speak with you.
6 Before we give you the floor one final time,
7 Mr Prosecutor, you had a question you wanted to ask.
8 MR BOWERS: Yes, Mr President, just as
9 a matter of clarification I wanted to make it clear
10 that the materials we have provided to the Defence is
11 all of the confirmation materials in its entirety, no
12 redactions, but with regard to the witness statements
13 and the documentary evidence for trial, we have not
14 provided that as of yet, but we can do that very
15 expeditiously if an expedited trial date is set.
16 I just wanted to put this clarification on the record
17 so there is no misunderstanding.
18 JUDGE JORDA: Yes, that was a good thing that
19 you did. I was very pleasantly surprised that you had
20 disclosed everything already -- in fact I was a little
21 bit surprised. So we have agreed, I was saying a trial
22 with only 50 pages, that is really quite exceptional,
23 but I commit you then in accordance with Rule 62(A)
24 that any declarations or other statements you have will
25 be discussed during the status conference at the end of
Page 61
1 the hearing. The closed hearing is now complete and
2 the judges would very much wish to hear what Mr Goran
3 Jelisic has to say. Have you any comments you would
4 like to make, Mr Jelisic?
5 MR JELISIC: I have nothing to say.
6 JUDGE JORDA: In that case, court stands
7 adjourned.
8 (3.55 pm)
9 (Hearing adjourned)
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