Page 232
1 Wednesday, 14 October 1998
2 (Open session)
3 --- Upon commencing at 9.58 a.m.
4 JUDGE JORDA: Excuse me, the interpreter
5 cannot hear this. There is a problem with this
6 microphone? Okay.
7 THE REGISTRAR: (No microphone)
8 JUDGE JORDA: Have the accused brought in,
9 please.
10 (The accused entered court)
11 JUDGE JORDA: Thank you, I would like the
12 representatives of the office of the Prosecutor to
13 introduce themselves.
14 MR. NICE: Geoffrey Nice is my name.
15 INTERPRETER: Microphone, please.
16 MR. NICE: Geoffrey Nice is my name, Kenneth
17 Scott sitting with me.
18 JUDGE JORDA: For the Defence.
19 MR. NAUMOVSKI: Your Honours, it is an honour
20 for me to introduce myself before this Court. My name
21 is Mitko Naumovski and I am attorney for Dario Kordic
22 not Mario Cerkez.
23 MR. KOVACIC: Good morning, Mr. President,
24 Your Honours, my name is Bozidar Kovacic and I am the
25 Defence counsel for the accused Mario Cerkez.
Page 233
1 JUDGE JORDA: Registrar, would you give me a
2 piece of paper so I can be sure I'm spelling the names
3 of the parties correctly. Thank you. Do not apologise
4 for reintroducing yourself to the Tribunal, this is a
5 frequent occurrence. Let me turn to the accused. They
6 know why they are here. I would like to rapidly
7 summarise the purpose of this meeting. First, excuse
8 the Tribunal for the delay. The hearing was supposed
9 to be at 10.00 and then it was at 9.30 and you see we
10 are beginning at 10.00 for technical reasons that are
11 independent of our own will. Please excuse us, we will
12 now begin the hearing.
13 Let me remind you that this status was --
14 this is the result of, this is being held pursuant to
15 Rule 15 of the Rules of Procedure and Evidence, that is
16 myself and Judge Rodrigues who will be here. We have
17 been seized by an order of 30th September 1998 that was
18 signed by McDonald who had been the confirming judge
19 for the indictment against the accused, Dario Kordic
20 and Mario Cerkez.
21 In respect of that order a new indictment was
22 filed at the request of the Prosecutor. It has now
23 been signed, it was signed on the 2nd of October; is
24 that not right, Mr. Registrar?
25 THE REGISTRAR: Yes, that's correct.
Page 234
1 JUDGE JORDA: And therefore, according to
2 Rule 50B of our Rules of Procedure and Evidence, we
3 must now have a further initial appearance of Mario
4 Cerkez and Dario Kordic and that is what we're going to
5 do. We will not go back to all of the formalities of
6 Rule 62, but before the indictment is read I might
7 first ask the Defence attorneys if this indictment has,
8 in fact, been submitted to the accused and if they
9 understood the contents of it before we read it?
10 Mr. Naumovski.
11 MR. NAUMOVSKI: I can say as the Defence
12 counsel for Dario Kordic, I can say that he has
13 received the indictment in the that language he
14 understands, that is the Serbo-Croatian language. He
15 has studied it together with me and he does not
16 understand, I think that is what he said, he does not
17 understand what he is being indicted for.
18 MR. KOVACIC: The indictee Mario Cerkez has
19 received the indictment. He has understood it in the
20 language that he understands and he does understand
21 what he is being indicted for and charged under the
22 indictment.
23 JUDGE JORDA: Thank you. Then, if Judge
24 Rodrigues agrees with me, we can now read the
25 indictment which will be done by Mr. Dubuisson, that is
Page 235
1 the reading of the indictment as confirmed by Judge
2 McDonald on the 30th of September and signed by the
3 office of the Prosecutor on October the 2nd.
4 Mr. Dubuisson, if you would please do the
5 following: When we come to the counts, for each count
6 I will ask the accused to rise and to state whether
7 they plead guilty or not guilty, which will avoid
8 unnecessary waste of time which would force us to go
9 back to the counts. Do you agree with that? I turn to
10 the Defence attorneys.
11 MR. NAUMOVSKI: Of course, we do agree.
12 JUDGE JORDA: All right. Mr. Dubuisson, you
13 can now read the indictment.
14 THE REGISTRAR: "The Prosecutor against Dario
15 Kordic and Mario Cerkez, amended indictment.
16 The Prosecutor of the International Criminal
17 Tribunal for the former Yugoslavia, pursuant to their
18 authority under Article 18 of the Statute of the
19 International Criminal Tribunal for the former
20 Yugoslavia. The Statute of the Tribunal charges:
21 Dario Kordic and Mario Cerkez with crimes against
22 humanity, grave breaches of the Geneva Conventions and
23 violations of the laws or customs of war.
24 Background
25 1. The events alleged in this indictment
Page 236
1 took place against the background of the break-up of the
2 former Yugoslavia. The Republic of Croatia declared
3 its independence on 25 June 1991, the implementation of
4 which was suspended until 8 October 1991. The Republic
5 of Croatia was recognised by the European Community on
6 15 January 1992 and admitted by the United Nations as a
7 member state on 22 May 1992. The Republic of Bosnia
8 and Herzegovina declared its independence on 3 March
9 1992 and was recognised by the European Community on 6
10 April 1992 and admitted by the United Nations as a
11 member state on 22 May 1992.
12 2. At times relevant to the indictment, the
13 Croatian Democratic Union (the "HDZ") was a principal
14 and influential political party in Croatia. Some of
15 the HDZ's stated goals were to establish "the
16 sovereignty of the Croatian people" and their
17 "inalienable right to self-determination, including
18 the right to secession of the entire Croatian nation
19 inside its historical and natural borders," and to
20 promote "the economic and spiritual association between
21 Croatia and Bosnia and Herzegovina which comprise (or
22 constitute) a natural inseparable geopolitical entity
23 and whose historical fate (or destiny) is directed
24 toward partnership."
25 JUDGE JORDA: If you would please indicate
Page 237
1 when they are quotes. Thank you.
2 THE REGISTRAR: 3. At times relevant to the
3 indictment, the Croatian Democratic Union of Bosnia and
4 Herzegovina, (the "HDZ-BiH") was a principal Bosnia
5 Croat political party in the Republic of
6 Bosnia-Herzegovina. Among the HDZ-BiH's stated goals
7 were "securing the right of the Croatian people to
8 self-determination, including the right to secession."
9 4. The Croatian Community of Herceg-Bosna,
10 (the "HZ H-B") proclaimed its existence on 18 November
11 1991, claiming to be a separate or distinct "political,
12 cultural, economic and territorial whole," in the
13 territory of Bosnia and Herzegovina. Among its
14 purposes was the establishment of closer ties to or a
15 union with Croatia, as evidenced by the HZ H-B's use of
16 Croatian currency, the Croatian language and the
17 granting of Croatian citizenship by Croatia to Bosnian
18 Croats. The HZ H-B's presidency included a President,
19 two Vice-Presidents and a Secretary. The President's
20 powers included the appointment of executive and
21 administrative authorities. On 28 August 1993 the HZ
22 H-B declared itself the Croatian Republic of
23 Herceg-Bosna, ("HR H-B"), with its two principal
24 officers being a President and a single
25 Vice-President. Neither the HZ H-B nor the HR H-B were
Page 238
1 ever recognised by the International Community, and the
2 HZ H-B was declared illegal by the constitutional court
3 of Bosnia and Herzegovina on or about 14 September
4 1992.
5 5. By Article 2 of the 18 November 1991
6 decision on the establishment of the HZ H-B, the HZ H-B
7 (and later the HR H-B) consisted of the following
8 municipalities in the territory of Bosnia and
9 Herzegovina: Jajce, Kresevo, Busovaca, Vitez, Novi
10 Travnik, Travnik, Kiseljak, Fojnica, Skender Vakuf
11 (Dobretici), Kakanj, Vares, Kotor Varos, Tomislavgrad,
12 Livno, Kupres, Bugojno, Gornji Vakuf, Prozor, Konjic,
13 Jablanica, Posusje, Mostar, Siroki Brijeg, Grude,
14 Ljubuski, Citluk, Capljina, Neum, Stolac and Trebinje
15 (Ravno). By virtue of Article 4 of the same decision,
16 the municipality of Zepce was added to the
17 HZ H-B/HR H-B in about October 1992.
18 6. The Croatian Defence Council (the "HVO")
19 the was established in or about April 1992 and was the
20 HZ H-B's and HR H-B's supreme executive, administrative
21 and defence authority. The creation of municipal HVOs
22 was authorised and such HVOs were subsequently
23 established beginning in or about June 1992 as the
24 municipal executive and military power. The HVO and
25 every HVO member were subject and accountable to the
Page 239
1 HZ H-B presidency, which in turn executed its powers
2 and objectives through the HVO.
3 7. From approximately November 1991 to March
4 1994 various persons and groups associated or directed,
5 instigated, supported or aided and abetted by the HDZ,
6 the HDZ-BiH, the HZ H-B/HR H-B and HVO and various of
7 their political, municipal and administrative bodies,
8 armed forces, police, paramilitary and special units,
9 caused, planned, prepared, instigated, supported,
10 directed and engaged in a campaign of persecutions and
11 ethnic cleansing and committed serious violations of
12 international humanitarian law against the Bosnian
13 Muslim population residing in the HZ H-B/HR H-B and the
14 municipality of Zenica in the territory of Bosnia and
15 Herzegovina.
16 The Accused and Superior Authority
17 Dario Kordic
18 8. Dario Kordic, son of Pero, was born on 14
19 December 1960 in Sarajevo in the Republic of Bosnia and
20 Herzegovina. He studied at the University of Sarajevo
21 where he concentrated on political science and then
22 worked as a journalist.
23 9. Dario Kordic was an active member of the
24 HDZ-BiH and rose to positions of increasing power,
25 authority and influence in the Bosnian Croat
Page 240
1 leadership. He was part of the highest circle of
2 political and military leaders in the HDZ-BiH, the HZ
3 H-B, the HR H-B and HVO. In 1991, Dario Kordic was
4 named president of the HDZ-BiH in the municipality of
5 Busovaca and also president of the Travnik Regional
6 Community. As president of the Travnik Regional
7 Community Dario Kordic co-chaired a meeting of the
8 HDZ-BiH on 12 November 1991 where it was declared that
9 "the Croatian people in Bosnia-Herzegovina finally has
10 to start conducting a decisive and active policy which
11 would bring about the realisation of our eternal dream
12 a joint Croatian state." Several days later, on 18
13 November 1991, Dario Kordic was one of the leaders who
14 signed the decision establishing the HZ H-B and became
15 one of its two Vice-Presidents, in which position he
16 continued until approximately August 1993. By virtue
17 of his position as a Vice-President, Dario Kordic was
18 also a member of the HZ H-B presidency, which also
19 functioned as the HZ H-B's legislative body. When the
20 HR H-B was declared in August 1993, Dario Kordic was
21 named Vice-President, in which position he continued at
22 times relevant to the indictment. Beginning on or
23 about 10 July 1994, he became president of the
24 HDZ-BiH. At times relevant to the indictment Dario
25 Kordic represented himself and was regarded by others
Page 241
1 as a senior HVO official, and signed --
2 JUDGE JORDA: Does it say -- there was an
3 error in the French reading.
4 THE REGISTRAR: He signed orders and
5 documents as a senior HVO official. By his roles and
6 positions, Dario Kordic exercised power, command and
7 authority in and over the HVO and his activities and
8 operations.
9 10. Dario Kordic, by virtue of his various
10 offices, positions and authorities, his relationships
11 with key Croatian and Bosnian Croat leadership figures
12 and his political and military power in the HZ H-B/HR
13 H-B, exerted power, influence and control over the
14 political and military aims and operations of the
15 HDZ-BiH, the HZ H-B, the HR H-B and HVO. Dario Kordic
16 demonstrated power, influence, authority and control on
17 numerous occasions and in numerous ways including, by
18 example, making policy and strategic decisions,
19 negotiating cease-fire agreements on behalf of the HVO,
20 issuing orders that would directly or indirectly of a
21 military nature or consequence, representing himself as
22 a HVO Colonel, Vice-President or other senior HVO
23 official, dressing in military attire, having a
24 military operations room in his office at the PTT
25 building in Busovaca, a countermanding cease-fire
Page 242
1 agreement when the terms were not suitable to him,
2 appointing and dismissing persons to or from various
3 offices, jobs and positions, issuing orders for the
4 arrest or release of influential Muslims detained by
5 the HVO, authorising travel and freedom of movement
6 through various HVO-controlled territories, obtaining
7 the release of stolen or seized vehicles or property,
8 and negotiating the passage of relief convoys or United
9 Nations vehicles through various checkpoints.
10 Mario Cerkez
11 11. Mario Cerkez, son of Tugomir, was born
12 on the 27th of March 1959 in the village of Rijeka,
13 municipality of Vitez, in the Republic of Bosnia and
14 Herzegovina. He worked as a car mechanic and a clerk
15 at the SPS factory.
16 12. Mario Cerkez became the commander of the
17 HVO Brigade in or about the municipality of Vitez (the
18 "HVO Vitez Brigade") in 1992, and he remained in such
19 position at all times relevant to the charges in this
20 indictment. His position within the HVO meant that he
21 was under the command of Tihomir Blaskic who was then
22 the HVO Central Bosnia Operative Zone Commander. Mario
23 Cerkez's authority and duties as a commander are set
24 fort in the decree on the armed forces of the Croatian
25 Community of Herceg-Bosna, dated the 17 of October
Page 243
1 1992, which provides that a commander in his position
2 was responsible for the combat readiness of the troops
3 under his command and the mobilisation of the armed
4 forces and police units and had the authority to
5 appoint and dismiss commanders.
6 13. At all times relevant to the charges in
7 this indictment Mario Cerkez, by virtue of the
8 positions and authority described above, demonstrated
9 or exercised his control in military matters in a
10 variety of ways including, by example, negotiating
11 cease-fire agreements with opposing civil and military
12 figures from within the Muslim community, negotiating
13 with United Nations officials, issuing orders to deploy
14 troops and other units under the command and
15 controlling the detention and treatment of detained
16 civilians.
17 General allegations
18 14. In each paragraph charging crimes
19 against humanity, a crime recognised by Article 5 of
20 the Statute of the Tribunal, the alleged acts or
21 omissions were part of widespread, large-scale or
22 systematic acts or conduct directed against Bosnian
23 Muslim Civilian populations residing in the HZ H-B/HR
24 H-B and the municipality of Zenica in the territory of
25 Bosnia and Herzegovina.
Page 244
1 15. At all times relevant to this
2 indictment, a state of international armed conflict and
3 partial occupation existed on the territory of the
4 Republic of Bosnia and Herzegovina.
5 16. All acts or omissions herein set fort as
6 grave breaches of the Geneva Conventions of 1949,
7 (hereafter "grave breaches"), recognised by Article 2
8 of the Statute of the Tribunal, occurred during such
9 international conflict and partial occupation.
10 17. All the victims referred to in the
11 charges contained in this indictment were at all
12 relevant times persons protected by the Geneva
13 Conventions of 1949.
14 18. The accused in this indictment were
15 required to abide by the mandate of the laws and
16 customs governing the conduct of war, including the
17 Geneva Conventions of 1949.
18 19. Dario Kordic, from about November 1991
19 to approximately March 1994 is individually responsible
20 for the crimes charged against him in this indictment
21 pursuant to Article 7(1) of the Statute of the
22 Tribunal. Individual criminal responsibility includes
23 committing, planning, instigating, initiating, ordering
24 or aiding and abetting the planning, preparation or
25 execution of any acts or omissions set fort in this
Page 245
1 indictment.
2 20. Dario Kordic, from November 1991 to
3 approximately March 1994 is also alternatively
4 criminally responsible as a superior for the acts of
5 his subordinates pursuant to Article 7(3) of the
6 Statute of the Tribunal. A superior is criminally
7 responsible for the acts of his subordinate if the
8 superior knew or had reason to know that his
9 subordinate was about to commit such acts or had done
10 so and the superior failed to take necessary and
11 reasonable measures to prevent further such acts or to
12 punish his subordinate. As to each charge in the
13 indictment, Dario Kordic, in addition to being
14 individually responsible, knew or had reason to know,
15 and it was foreseeable that persons subordinate to him
16 were about to commit various crimes, persecutions and
17 illegal acts, or had done so and failed to take
18 necessary and reasonable measures to prevent such
19 crimes, persecutions and acts or punish the
20 perpetrators thereof.
21 21. Mario Cerkez, from about April 1992 to
22 approximately August 1993 is individually responsible
23 for the crimes charged against him in this indictment
24 pursuant to Article 7(1) of the Statute of the
25 Tribunal. Individual criminal responsibility includes
Page 246
1 committing, planning, instigating, initiating, ordering
2 or aiding and abetting the planning, preparation or
3 execution of any acts or omissions set fort in this
4 indictment.
5 22. Mario Cerkez, from about April 1992 to
6 approximately August 1993 is also or alternatively
7 criminally responsible as a superior for the acts of
8 his subordinates pursuant to Article 7(3) of the
9 Statute of the Tribunal. A superior is criminally
10 responsible for the acts of his subordinate if the
11 superior knew or had reason to know that his
12 subordinate was about to commit such acts or had done
13 so and the superior failed to take necessary and
14 reasonable measures to prevent further such acts or to
15 punish the subordinate. As to each charge in the
16 indictment, Mario Cerkez, in addition to being
17 individually responsible, knew or had reason to know,
18 and it was foreseeable that persons subordinate to him
19 were about to commit various crimes, persecutions and
20 illegal acts, or had done so and failed to take
21 necessary and reasonable measures to prevent such
22 crimes, persecutions and acts, or punish the
23 perpetrators thereof.
24 23. The general allegations continued in
25 paragraph 1 through 22, as well as the allegations in
Page 247
1 paragraphs 24 through 35 below, are re-alleged and
2 incorporated in each charge.
3 Charges
4 24. One of the principal aims of the
5 HDZ-BiH, the HZ H-B, the HR H-B and the HVO was to
6 control various municipalities and territories in
7 Bosnia and Herzegovina and connect or unify them with
8 the Republic of Croatia. To achieve this aim, the
9 HDZ-BiH, the HZ H-B, the HR H-B and the HVO caused,
10 planned, instigated, prepared and initiated, supported
11 and executed a political military campaign to gain
12 control of these territories and to ethnically cleanse
13 them of, or substantially reduce and subjugate, the
14 Bosnian Muslim population. This campaign was carried
15 out by various practices, means and methods which
16 demonstrated, by their pattern, consistency and
17 frequency, that an orchestrated and widespread campaign
18 was implemented throughout the HZ H-B/HR H-B and the
19 municipality of Zenica from about the 18 of November
20 1991, when the HZ H-B proclaimed its existence to
21 approximately the 1st of March 1994 when the Washington
22 Agreement was signed.
23 25. In his various high ranking positions
24 and through the power and influence that he exercised,
25 Dario Kordic played a central role in developing,
Page 248
1 establishing and executing the policies, objectives and
2 strategies of the HDZ-BiH, the HZ B-H, HR H-B and the
3 HVO. Along with others, he launched, planned,
4 instigated, prepared, ordered, committed and aided and
5 abetted a political military campaign to persecute and
6 terrorise Bosnian Muslims, which involved, or resulted
7 in the commission of serious violations of
8 international humanitarian law. Dario Kordic was a
9 definite integral and important figure in the whole
10 campaign and had power, authority and responsibility to
11 direct, control and shape its policies and execution,
12 and to prevent, limit or punish crimes violations or
13 abuses which occurred or were carried out in the
14 campaign. He publicly advocated the campaign's goals
15 and encouraged and instigated the ethnic hatred, strife
16 and distrust which served its ends.
17 26. Dario Kordic extended his fear of
18 authority, commanded influence over a wide range of
19 municipalities and was closely involved in preparing,
20 instigating and carrying out the campaign's objectives
21 and operations. Dario Kordic not only personally
22 voiced and promoted the campaign's objectives and
23 participated in various criminal acts, but was also
24 aware of and had every reason to know in the highly
25 charged and volatile environment of Bosnia and
Page 249
1 Herzegovina of the dangers, abuses and consequences of
2 the campaign's policies and objectives and the courses
3 of conduct that he and others set in motion.
4 Persecution, oppression and violence against Bosnian
5 Muslim civilians, institutions and property were fully
6 foreseeable and no adequate steps were taken to
7 prevent, stop or punish such abuses and violations.
8 Dario Kordic knew or had reason to know that various
9 subordinates and aiders and abettors were about to
10 persecute and oppress Bosnian Muslims, or had done so,
11 and failed to take the necessary and reasonable
12 measures to prevent such acts or to punish the
13 perpetrators.
14 27. As a HVO commander, Mario Cerkez
15 implemented by military means the HDZ-BiH's, the HZ
16 H-B's, the HR H-B's and the HVO's goals, practices and
17 objectives, and committed and aided and abetted the
18 persecution campaign. He was the commander of the HVO
19 Vitez Brigade which was directly and actively involved
20 in the wide-scale persecution against Bosnian Muslim
21 civilians. Mario Cerkez also knew or had reason to
22 know that various subordinates and aiders and abettors
23 under his control were about to persecute and oppress
24 Bosnian Muslim civilians or had done so and failed to
25 take the necessary and reasonable measures to prevent
Page 250
1 such acts or to punish the perpetrators.
2 28. The campaign of persecution, violence
3 and ethnic cleansing was perpetrated and carried out on
4 a widespread or systematic basis by various means and
5 methods, including attacks on cities, towns and
6 villages with no military significance inhabited by
7 Bosnian Muslim civilians and killing and causing
8 serious injury to Bosnian Muslim civilians. Many of
9 the attacks commenced early in the morning when most of
10 the inhabitants were in their homes and asleep. At
11 least 100 defenceless Bosnian Muslim civilians,
12 including women, children, the elderly and the infirm
13 were killed and many wounded or harmed in their homes
14 or yards while attempting to hide or escape from the
15 HVO attacks, or bombardments, or after they had been
16 detained by the HVO.
17 29. Detention and imprisonment were other
18 means used to persecute Bosnian Muslims who were
19 systematically selected, detained and imprisoned in HZ
20 H-B, HR H-B and HVO detention facilities on political,
21 racial, ethnic or religious grounds. Imprisoned and
22 otherwise detained Bosnian Muslim civilians were
23 subjected to physical and psychological abuse,
24 including beatings and sexual assaults and suffered
25 inhumane deprivations of basic necessities, such as
Page 251
1 adequate food, water, shelter and clothing. There was
2 often little or no medical attention and overcrowded
3 and unsanitary conditions.
4 30. As part of the persecutions, Bosnian
5 Muslims were forced to proclaim their allegiance to the
6 HZ H-B, HR H-B, and/or the HVO, or face losing their
7 jobs. Many Bosnian Muslims, were dismissed or removed
8 from government, municipal and other positions or
9 relegated to positions of no real power or authority.
10 31. Many of the Bosnian Muslims who were
11 imprisoned and detained were also forced to dig
12 trenches in hostile and otherwise hazardous conditions,
13 were used in forced labour, used as hostages to promote
14 the HZ H-B/HR H-B and HVO political military objectives
15 and also used as human shields. Some such persons were
16 killed in the course of being detained and forced to
17 engage in such activities.
18 32. The persecution again Bosnian Muslims
19 was also accomplished by encouraging instigating and
20 fomenting hatred, distrust and division on political,
21 racial, ethnic or religious grounds by propaganda
22 speeches and otherwise.
23 33. The widespread persecution of Bosnian
24 Muslims also included coercing, intimidating,
25 terrorising and forcibly transferring such civilians
Page 252
1 from their homes and villages. Many of the persecuted
2 Bosnian Muslims were either killed, transferred or
3 forced to move to Muslim-dominated areas outside the
4 municipalities of Vitez, Novi Travnik and Busovaca.
5 Many of the detained or transferred civilians were
6 taken to HVO checkpoints, and then made to walk to
7 Bosnian Muslim territory.
8 34. To promote and advance this ethnic
9 cleansing, various members of the HDZ-BiH, the HZ H-B,
10 the HR H-B and the HVO, together with their agents and
11 others instigated, caused and engaged in the wanton and
12 extensive destruction and plundering of Bosnian and
13 Muslim property with no military justification.
14 Bosnian Muslim dwellings and buildings, as well as
15 civilian personal property and livestock were destroyed
16 or severely damaged. Bosnian Muslim businesses were
17 blown up and destroyed. Many of these acts and much of
18 this damage was meant to ensure that the Muslim
19 inhabitants could not or would not return to their
20 homes and communities. In addition, many Bosnian
21 Muslim buildings, sites and institutions dedicated to
22 religion or education were targeted for destruction or
23 otherwise damaged or violated.
24 35. As a result of the persecution and
25 ethnic cleansing campaign, the Bosnian Muslim civilian
Page 253
1 population was substantially reduced and relocated from
2 those areas of the HZ H-B/HR H-B where the HDZ-BiH, the
3 HZ H-B, HR H-B and the HVO and their leaders and agents
4 seized control.
5 COUNT 1
6 Persecutions
7 36. From about November 1991 to
8 approximately March 1994, Dario Kordic, together with
9 various members of the HDZ-BiH, the HZ H-B/HR H-B, and
10 the HVO and their leaders, armed forces and agents
11 caused, planned, instigated ordered or committed or
12 aided and abetted the planning, preparation or
13 execution of a crime against humanity. That is, the
14 widespread or systematic persecutions of Bosnian Muslim
15 civilians on political, racial, ethnic or religious
16 grounds, throughout the HZ H-B/HR H-B and the
17 municipality of Zenica in the territory of Bosnia and
18 Herzegovina.
19 37. This campaign of widespread or
20 systematic persecutions was perpetrated, executed and
21 carried out by or through the following means:
22 (A) attacking cities, towns and villages
23 inhabited by Bosnian Muslim civilians.
24 (B) killing and causing serious junior or
25 harm to Bosnian Muslim civilians, including women,
Page 254
1 children, the elderly and infirm, both during and after
2 such attacks.
3 (C) encouraging instigating and promoting
4 hatred, distrust and strife on political, racial,
5 ethnic or religious grounds by propaganda, speeches and
6 otherwise.
7 (D) selecting detaining and imprisoning
8 Bosnian Muslims on political racial ethnic or religious
9 grounds.
10 (E) dismissing and removing Bosnian Muslims
11 from government, municipal and other positions.
12 (F) coercing intimidating, terrorising and
13 forcibly transferring Bosnian Muslim civilians from
14 their homes and villages.
15 (G) physical and psychological abuse inhumane
16 acts, inhuman treatment, forced labour and depravation
17 of basic human necessities, such as adequate food,
18 water, shelter and clothing, against Bosnian Muslims
19 who were detained or imprisoned.
20 (H) using detained or imprisoned Bosnian
21 Muslims to dig trenches.
22 (I) using detained or imprisoned Bosnian
23 Muslims as hostages and human shields.
24 (J) wanton and ex-extensive destruction or
25 plundering of Bosnian Muslim civilian dwellings,
Page 255
1 buildings, businesses and civilian personal property
2 and livestock; and
3 (K) the destruction and wilful damage of
4 institutions dedicated to Muslim religion or
5 education.
6 JUDGE JORDA: Mr. Kordic, would you rise,
7 please. What has just been read, that is paragraphs,
8 36 and 37, constitute count 1, the charge of
9 persecution, the registrar will read the exact wording
10 of the count and then I will ask you what you intend to
11 plead.
12 THE REGISTRAR: By these acts and omissions
13 Dario Kordic committed:
14 Count 1: A crime against humanity as recognised by
15 Article 5(h), 7(1) and 7(3) (persecutions on political
16 racial or religious grounds) of the Statute of the
17 Tribunal.
18 JUDGE JORDA: Mr. Kordic, do you plead guilty
19 or not guilty?
20 THE ACCUSED KORDIC: Good morning, Your
21 Honours, I have understood this count of the indictment
22 and I believe that I am not guilty.
23 JUDGE JORDA: You are not guilty. You are
24 saying that. But are you going to plead not guilty?
25 You must -- the terms must be very exact, that is to
Page 256
1 tell your counsel that you are pleading not guilty,
2 that the, all the proceedings will be developed further
3 to your plea of not guilty. All right, Mr. Naumovski
4 do you agree with that?
5 MR. NAUMOVSKI: Absolutely.
6 JUDGE JORDA: I know in Serbo-Croat there is
7 a distinction in the language made. I'm sure that you
8 are saying that you are not guilty, but according to
9 this procedure you must say whether you plead guilty or
10 not guilty, plead guilty or not guilty.
11 THE ACCUSED KORDIC: I shall repeat once
12 again, Your Honours, I plead not guilty.
13 JUDGE JORDA: Thank you very much. You may
14 be seated, Mr. Kordic, because we are going to move to
15 Mr. Cerkez and we will come back to you for further
16 counts. Please be seated and, registrar, please
17 continue count 2, persecutions, please.
18 THE REGISTRAR: From about 1 April 1992 to
19 September 1993, Mario Cerkez, together with various
20 members of the HDZ-BiH, the HZ H-B/HR H-B and the HVO
21 and their leaders, armed forces and agents caused,
22 planned, instigated ordered or committed or aided and
23 abetted the planning, preparation or execution of a
24 crime against humanity, that is, the widespread or
25 systematic persecutions of Bosnian Muslim civilians on
Page 257
1 political racial, ethnic or religious grounds in the
2 municipalities of Vitez, Busovaca, and Novi Travnik in
3 the territory of Bosnia and Herzegovina.
4 39. This campaign of widespread or
5 systematic persecutions was perpetrated, executed and
6 carried out by or through the following means:
7 (A) attacking cities towns and villages
8 inhabited by Bosnian Muslim civilians.
9 (B) killing and causing serious injury or
10 harm to Bosnian Muslim civilians, including women,
11 children, the elderly and infirm, both during and after
12 such attacks.
13 (C) encouraging, instigating and promoting
14 hatred, distrust and strife on political, racial,
15 ethnic or religious grounds by propaganda, speeches and
16 otherwise.
17 (D) selecting, detaining and imprisoning
18 Bosnian Muslims on political, racial, ethnic or
19 religious grounds.
20 (E) coercing, intimidating, terrorising and
21 forcibly transferring Bosnian Muslim civilians from
22 their homes and villages.
23 (F) physical and psychological abuse,
24 inhumane acts, inhumane treatment, forced labour and
25 depravation of basic human necessities, such as
Page 258
1 adequate food, water, shelter and clothing against
2 Bosnian Muslims who were detained or imprisoned.
3 (G) using detained or imprisoned Bosnian
4 Muslims to dig trenches.
5 (H) using detained or imprisoned Bosnian
6 Muslims as hostages and human shields.
7 (I) wanton and extensive destruction and/or
8 plundering of Bosnian Muslim civilian dwellings,
9 buildings businesses or civilian personal property and
10 livestock; and.
11 (K) the destruction and wilful damage of
12 institutions dedicated to Muslim religion or education.
13 JUDGE JORDA: Mr. Cerkez, would you rise,
14 please. You heard the paragraphs referred to count 2,
15 which involve you specifically. As I did for your
16 co-accused, I'm going to ask you whether you plead
17 guilty or not guilty.
18 MR. KOVACIC: Mr. President, I apologise, but
19 I think we have a small technical problem here. Point
20 38, which was read out, refers, first of all, to the
21 time from the 1st of April 1992 until September 1993.
22 In the order of the Court allowing the amended
23 indictment, the Prosecutor made an oral amendment and
24 this was stated in the Court's order of the 30th of
25 September in the penultimate paragraph, and on this
Page 259
1 page it says until September 1993, or rather they were
2 substituted with the words until about August 1993. At
3 any rate, in point 38, it should be until about the
4 31st of August 1993.
5 JUDGE JORDA: I think that the Prosecutor is
6 going to provide an explanation. It seems there was an
7 order from Judge McDonald which was rendered on 30
8 September, which authorised the substitution in
9 paragraph 38. Is that correct, Mr. Prosecutor, to
10 change September 1993 from around August? Perhaps you
11 were not informed. Let me give the floor to Mr. Nice.
12 MR. NICE: Yes, there was an application to
13 amend, to extend the date to September 1993, and that
14 application was granted. I'm a little -- I have
15 another concern about paragraph 39 that I haven't yet
16 resolved, but maybe you would rather deal with
17 paragraph 38 to begin with.
18 JUDGE JORDA: Let's deal with things in the
19 proper order. Mr. Kovacic, are you satisfied? You may
20 be seated Mr. Nice. Please be seated.
21 Mr. Kovacic, are you satisfied with the
22 Prosecutor's answer? Myself, I had received a notice
23 of an order rendered by Judge McDonald, but I didn't
24 mention it before, but I did know about it, where she
25 had granted the Prosecutor's request for authorisation
Page 260
1 to modify the amendment and to allow the substitution
2 in paragraph 38 of the draft and amended the indictment
3 of the expression around August 30, around the 31st of
4 August by September 1993, were you not informed of
5 that?
6 MR. KOVACIC: Yes, it is quite clear to me
7 now. So, the important thing is that the order and
8 indictment give the same dates, regardless of the word
9 "about".
10 JUDGE JORDA: I understand your request,
11 Mr. Kovacic, but it concerns me somewhat, because on
12 the same day that Judge McDonald supplemented, or when
13 you say that I would like the indictment to be the same
14 as the order, are we sure that this indictment is
15 corresponds specifically to Judge McDonald's order,
16 including the amendments that were made in that order,
17 or which were permitted in that order? Are we speaking
18 the same language here? Do we understand one another?
19 MR. KOVACIC: I'm not sure, either.
20 JUDGE JORDA: I'm going to try to help you.
21 The Judge McDonald rendered -- Mr. Kovacic, you have in
22 your hand there, you have both the orders, she rendered
23 two orders and you only have one, that must be the
24 source of the problem. Mr. Dubuisson, was the order
25 given to Mr. Kovacic? I'm not talking about the second
Page 261
1 order of that same day.
2 THE REGISTRAR: Yes, I believe it was given
3 to the Defence.
4 JUDGE JORDA: You were informed of that.
5 MR. KOVACIC: Yes, I'm holding in my hands
6 the order of the 30th of September 1998.
7 JUDGE JORDA: I understand, but there were
8 two orders on that same day, several hours one after
9 the other. The first is confidential, but the second
10 probably was as well, but it was amended, and Judge
11 McDonald, at the request of the Prosecutor,
12 supplemented, and she was entitled to do so as a
13 confirming judge, by authorising substitution in
14 paragraph 38 of the draft amended indictment the
15 expression "September 1993" replace the "approximately
16 31 of August". What you are reading here, what is
17 being read here, rather, corresponds perfectly to the
18 two orders rendered by Judge McDonald on 30 September
19 1998. Have my explanations convinced you?
20 MR. KOVACIC: Yes, yes. Now, I see that it
21 is the same.
22 JUDGE JORDA: I can even give it to you.
23 Here it is, if you want to see it. All right.
24 Registrar, you will have the second order of 30
25 September submitted to Mr. Kovacic and that order --
Page 262
1 let me give the floor back to the Prosecutor. Did you
2 have another question?
3 MR. NICE: Your Honour, there is a problem I
4 only just detected. The indictment as read accords
5 entirely with the French version, but in both the
6 English version and the BCS versions, whereas in the
7 French version under paragraph 39, there are
8 subparagraphs 8K, in the English version and in the BCS
9 version, there are only subparagraphs A to J. What has
10 been omitted in translation is --
11 JUDGE JORDA: I have to admit that I really
12 didn't look at the English version, Mr. Nice.
13 MR. NICE: I'm so sorry this problem has
14 developed, but it is obviously important that the
15 subparagraphs should be the same in all translation
16 versions, particularly since the defendants may be
17 following it in their own language. If you just give
18 me one second, I will identify the paragraph.
19 JUDGE JORDA: You are raising an important
20 question, let me remind you that the indictment, after
21 Judge McDonald's confirmation was assigned by Mr. Gavin
22 Ruxton on behalf of Mrs. Arbour on 2 October
23 1998. It is true, I've got the English version in
24 front of me. I hadn't checked it before, but that was
25 really not my responsibility. I'm working in one of
Page 263
1 the two official languages of the Tribunal and I was
2 supposed to be able to consider that both versions
3 would be exactly the same.
4 Perhaps, Mr. Nice, you must say to us in
5 public what does correspond and what does not. We're
6 not going to have Mr. Mario Cerkez come back for yet
7 another initial appearance. I want to be sure that
8 what was read to him in French does indicate in
9 paragraph 39k. Let me say, which is destruction and
10 wilful damage of institutions dedicated to Muslim
11 religion, or education. But I think that the k in
12 French corresponds to j in English that the destruction
13 and wilful damage of institutions.
14 Do you see how you are forcing me to speak
15 English, Mr. Nice? You see, I believe it's
16 subparagraph e. In the French version is the, all the
17 Bosnian Muslims from the administration through various
18 means and otherwise. The French is not very good here,
19 but at any rate, that's what it says. I would like to
20 thank -- I think the English version the e is not
21 there, you want the e to be there. The French version
22 is correct.
23 MR. NICE: I think probably the French
24 version is incorrect, but if you just give us a couple
25 of minutes, because at all times we have been trying to
Page 264
1 consider it and we have been having to listen to
2 material coming over the headsets.
3 JUDGE JORDA: You're saying that the French
4 translators added a paragraph.
5 MR. NICE: I'm not saying that. Will you
6 just give me a couple of moments to work out what has
7 happened so that we can ensure the proceedings today
8 are in no way defective.
9 JUDGE JORDA: In order not to waste any time,
10 perhaps we might ask the registrar to continue reading,
11 we will skip that passage and ask Mr. Cerkez to wait
12 for a few moments while the Prosecutor can check on
13 things, if everyone agrees, and we can continue to read
14 paragraph 40. And during that time you can check the
15 French and English versions to be sure the accused
16 knows exactly and very specifically what he is accused
17 of.
18 Mr. Registrar, would you move to page 10 in
19 the French text? Thank you, Mr. Kovacic, we will come
20 back to that. Go ahead, Mr. Dubuisson, we will
21 continue.
22 THE REGISTRAR: Mr. Kordic.
23 Counts 3-4
24 Unlawful attacks on civilian and civilian
25 objects.
Page 265
1 40. From about January of 1993 to
2 approximately October 1993, Dario Kordic, together with
3 members of the HZ H-B/HR H-B and HVO and their leaders,
4 armed forces and agents caused, planned, instigated,
5 ordered or committed or aided and abetted the plan,
6 preparation or execution of unlawful attacks on
7 civilians and civilian objects and wanton destruction,
8 not justified by military necessity, in the following
9 cities, towns and villages on about the dates
10 indicated: Busovaca, January 1993; Merdani, January
11 1993; Vitez, April 1993; Stari Vitez, April 1993;
12 Vercerusja-Donja Veceriska, April 1993; Ahmici, April
13 1993; Nadioci, April 1993; Pirici, April 1993; Santici,
14 April 1993; Loncari, April 1993; Putis, April 1993;
15 Ocehnici, April 1993; Rotilj, April 1993; Zenica, April
16 1993; Novi Travnik, October 1993; Stupni Do, October
17 1993.
18 JUDGE JORDA: Would you please rise,
19 Mr. Kordic? Thank you. There are two counts which the
20 registrar will read, first count 3.
21 THE REGISTRAR: By these acts and omissions,
22 Dario Kordic committed:
23 Count 3: A violation of the laws or customs of war as
24 recognised by Articles 3, 7(1) and 7(3) of the Statute
25 of the Tribunal and customary law, Article 51(2) of
Page 266
1 Additional Protocol I and Article 13(2) of Additional
2 Protocol II (unlawful attack on civilians).
3 JUDGE JORDA: Do you plead guilty or not
4 guilty, Mr. Kordic?
5 THE ACCUSED KORDIC: Your Honours, I plead
6 not guilty.
7 JUDGE JORDA: Thank you. Count 4,
8 Mr. Registrar.
9 THE REGISTRAR: Count 4: A violation of the
10 laws or customs of war as recognised by Articles 3,
11 7(1) and 7(3) of the Statute of the Tribunal and
12 customary law and Article 52(1) of Protocol I (unlawful
13 attack on civilian objects).
14 JUDGE JORDA: Do you plead guilty or not
15 guilty?
16 THE ACCUSED KORDIC: Your Honours, I have
17 understood this count of the indictment and I, once
18 again, plead not guilty.
19 JUDGE JORDA: Thank you. Before continuing,
20 we're going to go back to Mr. Mario Cerkez. Did you
21 solve this problem, Mr. Nice? What is the version that
22 you want to have read to Mr. Mario Cerkez? Is it the
23 French version, which I have in front of me, which is
24 in the same indictment here, it is in French as well?
25 MR. NICE: No, it's the English version is
Page 267
1 correct, and the paragraph that has been entered in the
2 French version by entirely understandable error, I
3 suspect, on the part of the translators is subparagraph
4 e, which deals with the removal from office of
5 civilians. That should not be there, and in the
6 English version it is not there. So, that one can
7 imagine how it happened, because otherwise the
8 subparagraphs --
9 JUDGE JORDA: You're saying that the
10 subparagraph e in French should be deleted.
11 MR. NICE: Yes.
12 JUDGE JORDA: It should be taken out of the
13 French version, is that what you're saying?
14 MR. NICE: That's correct and the
15 subparagraph should be appropriately renumbered.
16 JUDGE JORDA: Therefore, Mr. Prosecutor,
17 under your own supervision I want to be sure I'm not
18 making a mistake. All right, listen carefully,
19 Mr. Kovacic, small a, b, c, and d do not change in the
20 French version. That is the question, Mr. Nice, is
21 that correct? Do we agree with that?
22 MR. NICE: Yes, a, b, c, and d do not change.
23 JUDGE JORDA: All right. We will delete
24 subparagraph e Mr. Cerkez and Mr. Kovacic, therefore,
25 you are not accused by the Prosecutor of coercing,
Page 268
1 intimidating, terrorising and forcibly transferring
2 Bosnian Muslim civilians from their homes and villages.
3 MR. NICE: No, subparagraph a to d are
4 properly included, subparagraph e alone is the
5 subparagraph, in French, should not be there, and
6 subparagraphs f to k should be included, but
7 appropriately renumbered.
8 JUDGE JORDA: I thought that's what I said.
9 All right, the small e.
10 MR. NICE: I apologise, I misunderstood you.
11 JUDGE JORDA: All right. Therefore,
12 coercion, the f in French becomes e; is that right,
13 Mr. Nice?
14 MR. NICE: Yes.
15 JUDGE JORDA: The g becomes f; is that
16 right?
17 MR. NICE: Correct.
18 JUDGE JORDA: The h in French, the use of
19 Muslims in Bosnia, becomes the g.
20 MR. NICE: Right.
21 JUDGE JORDA: The i in French, which was
22 read, the use of Muslims as hostages and human shields
23 becomes the h?
24 MR. NICE: Yes.
25 JUDGE JORDA: The j, which was wanton
Page 269
1 destruction, becomes an i; is that correct?
2 MR. NICE: Yes.
3 JUDGE JORDA: And lastly, the, what was k,
4 the destruction becomes the j. All right, Mr. Kovacic,
5 we're not going to have yet another initial appearance,
6 do you agree with what we have just done? Mr. Kovacic,
7 I give you the floor.
8 MR. KOVACIC: Mr. President, it is all
9 right. But I just wish to mention the following,
10 because obviously I'm the only one who can say
11 something about that. The translation into the
12 Croatian language matched the English version, so, we
13 had no problem, because we have been following the
14 Serbo-Croatian and the English. Unfortunately we don't
15 speak French.
16 JUDGE JORDA: Yes, of course, it had to be
17 the French version where there had to be a probable.
18 All right, we all agree now.
19 Mr. Cerkez, this is a serious matter. We ask
20 to you concentrate. We have just head paragraph 38 and
21 39. Let me repeat, that paragraph 38, and your counsel
22 agrees, must be read as it was read by the registrar,
23 that is, that the period of the charges is between 1
24 April 1992 and September 1993. Do we understand one
25 another? And you also heard what changes were made so
Page 270
1 that the French version that I read corresponds exactly
2 to the Serbo-Croatian and English versions. All
3 right. Registrar, you're going to now repeat count 2.
4 THE REGISTRAR: By these acts and omissions,
5 Mario Cerkez committed:
6 Count 2: A crime against humanity as recognised by
7 Articles 5(h), 7(1) and 7(3) of the Statute of the
8 Tribunal (persecutions on political racial or religious
9 grounds).
10 JUDGE JORDA: Do you plead guilty or not
11 guilty, Mr. Cerkez?
12 THE ACCUSED CERKEZ: Your Honours, I plead
13 absolutely not guilty.
14 JUDGE JORDA: Thank you, you may be seated.
15 We will now give the floor back to the registrar for
16 reading counts 5 and 6.
17 THE REGISTRAR: Counts 5-6
18 Unlawful attacks on civilians and civilian
19 objects
20 41. During or about April 1993 Mario Cerkez,
21 together with members of the HZ H-B/HR H-B and the HVO
22 and their leaders, armed forces and agents, caused,
23 planned, instigated, ordered or committed or aided and
24 abetted the planning, preparation or execution of
25 unlawful attacks on civilians and civilian objects and
Page 271
1 wanton destruction not justified by military necessity
2 in the following cities, towns and villages on about
3 the dates indicated: Vitez, April 1993; Stari Vitez,
4 April 1993; Veceriska-Donji Veceriska, April 1993;
5 Ahmici, April 1993; Nadioci, April 1993; Pirici, April
6 1993; Santici, April 1993.
7 JUDGE JORDA: Would you please rise,
8 Mr. Cerkez? There are two counts, Mr. Registrar.
9 THE REGISTRAR: By these acts and omissions
10 Mario Cerkez, committed:
11 Count 5: A violation of the laws or customs of war as
12 recognised by Articles 3, 7(1) and 7(3) of the Statute
13 of the Tribunal and customary law, Article 51(2) of
14 Additional Protocol I and Article 13(2) of Additional
15 Protocol II (unlawful attack on civilians).
16 JUDGE JORDA: Do you plead guilty or not
17 guilty, Mr. Cerkez?
18 THE ACCUSED CERKEZ: Your Honours, I plead
19 absolutely not guilty.
20 JUDGE JORDA: Count 6, Mr. Registrar.
21 THE REGISTRAR: Count 6: A violation of the
22 laws or customs of war as recognised by Articles 3,
23 7(1) and 7(3) of the Statute of the Tribunal and
24 customary law and Article 52(1) of Protocol I (unlawful
25 attack on civilian objects).
Page 272
1 JUDGE JORDA: Do you plead guilty or not
2 guilty?
3 THE ACCUSED CERKEZ: Your Honours, I plead
4 absolutely not guilty.
5 JUDGE JORDA: Thank you, you may be seated.
6 We will move now to counts 7 to 13, and this involves
7 only Mr. Kordic.
8 THE REGISTRAR: Counts 7-13
9 Wilful killing, murder, causing serious
10 injury, inhumane acts and inhumane treatment
11 42. From about January 1993 to approximately
12 October 1993, Dario Kordic, together with members of
13 the HZ H-B/HR H-B and HVO and their leaders, armed
14 forces and agents caused, planned, instigated, ordered
15 or committed or aided and abetted the planning,
16 preparation or execution of murders and wilful killings
17 of and wilful causing and infliction of serious injury
18 and great suffering to body and health, both physical
19 and mental, inhumane acts and inhuman treatment upon
20 and against Bosnian Muslims in the following cities,
21 towns and villages on about the dates indicated:
22 Busovaca, January 1993; Rotilj, April 1993; Ahmici,
23 April 1993; Nadioci, April 1993; Pirici, April 1993;
24 Santici, April 1993; Vitez, April 1993; Stari Vitez,
25 April 1993; Veceriska-Donja Veceriska, April 1993;
Page 273
1 Zenica, April 1993; Tulica, June 1993; Han
2 Ploca/Grahovci, June 1993; Stupni Do, October 1993.
3 JUDGE JORDA: Mr. Kordic, rise, please.
4 There are seven counts which will be recalled now.
5 THE REGISTRAR: By these acts and omissions,
6 Dario Kordic committed:
7 Killings:
8 Count 7: A crime against humanity recognised by
9 Article 5(a) (murder), 7(1) and 7(3) of the Statute of
10 the Tribunal.
11 JUDGE JORDA: Do you plead guilty or not
12 guilty?
13 THE ACCUSED KORDIC: Your Honours, I plead
14 not guilty.
15 THE REGISTRAR: Count 8: A grave breach of
16 the Geneva Conventions of 1949, (hereinafter "grave
17 breaches"), as recognised by Articles 2(a) (wilful
18 killing), 7(1) and 7(3) of the Statute of the Tribunal.
19 JUDGE JORDA: Do you plead guilty or not
20 guilty?
21 THE ACCUSED KORDIC: Your Honours, I plead
22 not guilty.
23 THE REGISTRAR: Count 9: A violation of the
24 laws or laws or customs of war as recognised by
25 Articles 3, 7(1) and 7(3) of the Statute of the
Page 274
1 Tribunal and Article 3(1)(a) (murder) of the Geneva
2 Conventions.
3 JUDGE JORDA: Do you plead guilty or not
4 guilty.
5 THE ACCUSED KORDIC: Your Honours, I plead
6 not guilty.
7 THE REGISTRAR: Injuries:
8 Count 10: A crime against humanity as recognised by
9 Articles 5(i) (inhumane acts), 7(1) and 7(3) of the
10 institute of the Tribunal.
11 JUDGE JORDA: Do you plead guilty or not
12 guilty?
13 THE ACCUSED KORDIC: Your Honours, I plead
14 not guilty.
15 THE REGISTRAR: Count 11: A grave breach as
16 recognised by Articles 2(c) (wilfully causing great
17 suffering or serious injury to body or health), 7(1)
18 and 7(3) of the Statute of the Tribunal.
19 JUDGE JORDA: Do you plead guilty or not
20 guilty?
21 THE ACCUSED KORDIC: Your Honours, I plead
22 not guilty.
23 THE REGISTRAR: Count 12: A grave breach as
24 recognised by Articles 2(b) (inhuman treatment), 7(1)
25 and 7(3) of the Statute of the Tribunal.
Page 275
1 JUDGE JORDA: Do you plead guilty or not
2 guilty?
3 THE ACCUSED KORDIC: Your Honours, again, I
4 plead not guilty.
5 THE REGISTRAR: Count 13: A violation of the
6 laws or customs of war as recognised by Articles 3,
7 7(1) and 7(3) of the Statute of the Tribunal and
8 Article 3(1)(a) (violence to life and person) of the
9 Geneva Conventions.
10 JUDGE JORDA: Do you plead guilty or not
11 guilty?
12 THE ACCUSED KORDIC: Your Honours, I plead
13 not guilty.
14 JUDGE JORDA: Very well, you may be seated.
15 That will be noted in the registry's files. So now,
16 counts 14 to 20, which concern Mr. Cerkez.
17 THE REGISTRAR: Counts 14-20
18 Wilful killing, murder, causing serious,
19 injury, inhumane acts and inhuman treatment
20 43. During or about April 1993 Mario Cerkez
21 together with members of the HZ H-B/HR H-B and the HVO
22 and their leaders, armed forces and agents caused,
23 planned, instigated, ordered or committed or aided and
24 abetted the planning, preparation or execution of
25 murders and wilful killings of and wilful causing and
Page 276
1 infliction of serious injury and great suffering to
2 body and health, both physical and mental, inhumane
3 acts and inhuman treatment upon and against Bosnian
4 Muslims in the following cities, towns and villages on
5 about the dates indicated: Ahmici, April 1993;
6 Nadioci, April 1993; Pirici, April 1993; Santici, April
7 1993; Vitez, April 1993; Stari Vitez, April 1993;
8 Veceriska-Donja Veceriska, April 1993.
9 JUDGE JORDA: Mr. Cerkez, would you please
10 rise? Count 14.
11 THE REGISTRAR: By these acts and omissions,
12 Mario Cerkez committed:
13 Killings:
14 Count 14: A crime against humanity as recognised by
15 Articles 5(a) (murder), 7(1) and 7(3) of the Statute of
16 the Tribunal.
17 JUDGE JORDA: Do you plead guilty or not
18 guilty, Mr. Cerkez?
19 THE ACCUSED CERKEZ: Your Honours, I plead
20 absolutely not guilty.
21 JUDGE JORDA: Count 15.
22 THE REGISTRAR: Count 15: A grave breach as
23 recognised by Articles 2(a) (wilful killing), 7(1) and
24 7(3) of the Statute of the Tribunal.
25 JUDGE JORDA: Do you plead guilty or not
Page 277
1 guilty?
2 THE ACCUSED CERKEZ: Your Honours, I plead
3 absolutely not guilty.
4 JUDGE JORDA: Count 16.
5 THE REGISTRAR: Count 16: A violation of the
6 laws or customs of war as recognised by Articles 3,
7 7(1) and 7(3) of the Statute of the Tribunal and
8 Article 3(1)(a) (murder) of the Geneva Conventions.
9 JUDGE JORDA: Do you plead guilty or not
10 guilty?
11 THE ACCUSED CERKEZ: Your Honours, I plead
12 absolutely not guilty.
13 THE REGISTRAR: Injuries:
14 Count 17: A crime against humanity as recognised by
15 Articles 5(i) (inhumane acts), 7(1) and 7(3) of the
16 Statute of the Tribunal.
17 JUDGE JORDA: Do you plead guilty or not
18 guilty?
19 THE ACCUSED CERKEZ: Your Honours, I plead
20 absolutely not guilty.
21 THE REGISTRAR: Count 18: A grave breach as
22 recognised by Articles 2(c) (wilfully causing great
23 suffering or serious injury to body or health), 7(1)
24 and 7(3) of the Statute of the Tribunal.
25 JUDGE JORDA: Do you plead guilty or not
Page 278
1 guilty?
2 THE ACCUSED CERKEZ: Your Honours, I plead
3 absolutely not guilty.
4 THE REGISTRAR: Count 19: A grave breach as
5 recognised by Articles 2(b) (inhuman treatment), 7(1)
6 and 7(3) of the Statute of the Tribunal.
7 JUDGE JORDA: Do you plead guilty or not
8 guilty?
9 THE ACCUSED CERKEZ: Your Honours, I plead
10 absolutely not guilty.
11 THE REGISTRAR: Count 20: A violation of the
12 laws or customs of war, as recognised by Articles 3,
13 7(1) and 7(3) of the Statute of the Tribunal and
14 Article 3(1)(a), (violence to life and person) of the
15 Geneva Conventions.
16 JUDGE JORDA: Do you plead guilty or not
17 guilty?
18 THE ACCUSED CERKEZ: Your Honours, I plead
19 absolutely not guilty.
20 JUDGE JORDA: Thank you, you may be seated.
21 We will now go back to Mr. Dario Kordic for counts 21
22 through 28.
23 THE REGISTRAR: Counts 21-28
24 Imprisonment, inhuman treatment, taking of
25 hostages and use of human shields
Page 279
1 44. From about the first of January 1993 to
2 approximately the 31st of March 1994, Dario Kordic,
3 together with members of the HZ H-B/HR H-B and the HVO
4 and their leaders, armed forces and agents caused,
5 planned, instigated, ordered or committed or aided
6 abetted the planning, preparation or execution of the
7 imprisonment, unlawful confinement and inhuman
8 treatment of Bosnian Muslims at the following at about
9 the following locations in the territory of Bosnia and
10 Herzegovina: Kaonik Prison, Vitez Cinema Complex,
11 Vitez Veterinary Station, SDK Offices in Vitez, The
12 chess club in Vitez, Dubravica Elementary School,
13 Municipal Building in Kiseljak, Kiseljak Barracks,
14 Rotilj village, Nova Trgovina and Silos.
15 45. Many Bosnian Muslims were expelled or
16 forcibly transferred from their homes and villages.
17 Bosnian Muslims were detained and beaten, subjected to
18 physical and/or psychological abuse, intimidation and
19 inhuman treatment, including being confined in
20 overcrowded and unsanitary conditions, deprived of
21 adequate food and water, and provided little or no
22 medical attention.
23 46. From about the 1st of January 1993 to
24 approximately the 31st of January 1994, Dario Kordic,
25 together with members of the HZ H-B/HR H-B and the HVO
Page 280
1 and their leaders armed forces and agents caused
2 planned instigated ordered or committed order aided and
3 abetted the planning preparation and execution of, the
4 use of Bosnian Muslim detainees to dig trenches in
5 hostile, hazardous and combat conditions in the
6 municipalities of Kiseljak, Vitez, Busovaca, Novi
7 Travnik and Zepce, which resulted in a number of such
8 detainees being killed or injured.
9 47. From about the 1st of January 1993 to
10 approximately the 31st of January 1994, Dario Kordic,
11 together with members of the HZ H-B/HR H-B and the HVO
12 and their leaders, armed forces and agents caused
13 planned, instigated, ordered or committed or aided and
14 abetted the planning preparation or execution of the
15 use of various Bosnian Muslims detained or imprisoned
16 at the facilities or locations described in paragraph
17 44 as hostages.
18 48. From about June 1993 to approximately
19 September 1993, Dario Kordic, together with members of
20 the HZ H-B/HR H-B and the HVO and their leaders, armed
21 forces and agents, caused, planned, instigated, ordered
22 or committed or aided and abetted the planning,
23 preparation or execution of the use of Bosnian Muslims
24 as hostages in Novi Travnik in order to transfer
25 Bosnian Muslim and Bosnian Croat populations.
Page 281
1 49. From about the 1st of January 1993 to
2 approximately the 31st of October 1993, Dario Kordic,
3 together with members of the HZ H-B/HR H-B and the HVO
4 and their leaders, armed forces and agents, caused,
5 planned, instigated, ordered or committed or aided and
6 abetted the planning, preparation or execution of the
7 use of Bosnian Muslims as human shields in order to
8 prevent armed forces hostile to the HVO from attacking
9 or firing on HVO positions or to force Bosnian Muslims
10 to surrender: Merdani, January 1993; Skradno,
11 January-February 1993; Strane, January-February 1993;
12 Katici, January-February 1993; Kula, April-May 1993;
13 Vitez, April 1993; Zepce, June 1993; Novi Travnik, July
14 1993.
15 JUDGE JORDA: Mr. Kordic, would you please
16 rise?
17 THE REGISTRAR: By these acts and omissions,
18 Dario Kordic committed:
19 Imprisonment, unlawful confinement:
20 Count 21: A crime against humanity as recognised by
21 Articles 5(e) (imprisonment), 7(1) and 7(3) of the
22 Statute of the Tribunal.
23 JUDGE JORDA: Do you plead guilty or not
24 guilty, Mr. Kordic?
25 THE ACCUSED KORDIC: Your Honours, I plead
Page 282
1 not guilty.
2 JUDGE JORDA: Count 22.
3 THE REGISTRAR: A grave breach as recognised
4 by Articles 2(g) (unlawful confinement of civilians)
5 7(1) and 7(3) of the Statute of the Tribunal.
6 JUDGE JORDA: Do you plead guilty or not
7 guilty?
8 THE ACCUSED KORDIC: Your Honours, I plead
9 not guilty.
10 THE REGISTRAR: Inhuman and/or cruel
11 treatment of detainees:
12 Count 23: A grave breach as recognised by Articles
13 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute
14 of the Tribunal.
15 JUDGE JORDA: Do you plead guilty or not
16 guilty?
17 THE ACCUSED KORDIC: Your Honours, I plead
18 not guilty.
19 THE REGISTRAR: Count 24: Violation of the
20 laws or customs of war as recognised by Articles 3,
21 7(1) and 7(3) of the Statute of the Tribunal and
22 Article 3(1)(a) (cruel treatment) of the Geneva
23 Conventions.
24 JUDGE JORDA: Do you plead guilty or not
25 guilty?
Page 283
1 THE ACCUSED KORDIC: Your Honours, I plead
2 not guilty.
3 THE REGISTRAR: Hostages:
4 Count 25: A grave breach as recognised by Articles
5 2(h) (taking civilians as hostages), 7(1) and 7(3) of
6 the Statute of the Tribunal.
7 JUDGE JORDA: Do you plead guilty or not
8 guilty?
9 THE ACCUSED KORDIC: Your Honours, I plead
10 not guilty.
11 THE REGISTRAR: Count 26: A violation of the
12 laws or customs of war as recognised by Articles 3,
13 7(1) and 7(3) of the Statute of the Tribunal and
14 Article 3(1)(b) (taking of hostages) of the Geneva
15 Conventions.
16 JUDGE JORDA: Do you plead guilty or not
17 guilty?
18 THE ACCUSED KORDIC: Your Honours, again, I
19 plead not guilty.
20 THE REGISTRAR: Human shields:
21 Count 27: A grave breach as recognised by Articles
22 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute
23 of the Tribunal.
24 JUDGE JORDA: Do you plead guilty or not
25 guilty?
Page 284
1 THE ACCUSED KORDIC: Your Honours, I plead
2 not guilty.
3 THE REGISTRAR: Count 28: A violation of the
4 laws or customs of war as recognised by Articles 3,
5 7(1) and 7(3) of the Statute of the Tribunal and
6 Article 3(1)(a) (cruel treatment) of the Geneva
7 Conventions.
8 JUDGE JORDA: Do you plead guilty or not
9 guilty?
10 THE ACCUSED KORDIC: Your Honours, I plead
11 not guilty.
12 JUDGE JORDA: Thank you, you may be seated.
13 Counts 29 through 36, these involve Mr. Cerkez.
14 Imprisonment, inhuman treatment, taking of hostages and
15 use of human shields.
16 THE REGISTRAR: Count 50: From about the 1st
17 of April 1993 to approximately the 31st of August 1993
18 Mario Cerkez, together with members of the HZ H-B/HR
19 H-B and HVO and their leaders, armed forces and agents,
20 caused, planned, instigated, ordered or committed, or
21 aided and abetted the planning, preparation or
22 execution of the imprisonment, unlawful confinement and
23 inhuman treatment of the Bosnian Muslims in the
24 following locations in the territory of Bosnia and
25 Herzegovina: Kaonik Prison, Vitez Cinema Complex,
Page 285
1 Vitez Veterinary Station, SDK Offices in Vitez, The
2 chess club in Vitez, Dubravica Elementary School.
3 51. Many Bosnian Muslims were expelled or
4 forcibly transferred from their homes and villages.
5 Bosnian Muslims were detained and beaten, subjected to
6 physical and/or psychological abuse and intimidation
7 and inhuman treatment, including being confined in
8 overcrowded and unsanitary conditions, deprived of
9 adequate food and water, and provided little or no
10 medical attention.
11 52. From about the 1st of April 1993 to
12 approximately the 31st of August 1993 Mario, Cerkez,
13 together with members of the HZ H-B/HR H-B and HVO and
14 their leaders, armed forces and agents, caused,
15 planned, instigated, ordered or committed, or aided and
16 abetted the planning, preparation and execution of the
17 use of Bosnian Muslim detainees to dig trenches in
18 hostile, hazardous and combat conditions in the
19 municipality of Vitez.
20 53. During or about April 1993, Mario
21 Cerkez, together with members of the HZ H-B/HR H-B and
22 HVO and their leaders, armed forces and agents, caused,
23 planned, instigated, ordered or committed, or aided and
24 abetted the planning, preparation or execution of the
25 use of Bosnian Muslims detained or imprisoned at or
Page 286
1 about the facilities or locations described in
2 paragraph 50 as hostages.
3 54. During or about April 1993, Mario
4 Cerkez, together with members of the HZ H-B/HR H-B and
5 HVO and their leaders, armed forces and agents, caused,
6 planned, instigated, ordered or committed, or aided and
7 abetted the planning, preparation, or execution of the
8 use of Bosnian Muslims as human shields in or about
9 Vitez, in order to prevent armed forces hostile to the
10 HVO from attacking or firing on HVO positions or to
11 force Bosnian Muslims to surrender.
12 JUDGE JORDA: Mr. Cerkez, would you please
13 rise. Registrar.
14 THE REGISTRAR: By these acts and omissions,
15 Mario Cerkez committed:
16 Imprisonment, unlawful confinement:
17 Count 29: A crime against humanity as recognised by
18 Articles 5(e) (imprisonment), 7(1) and 7(3) of the
19 Statute of the Tribunal.
20 JUDGE JORDA: Do you plead guilty or not
21 guilty, Mr. Cerkez.
22 THE ACCUSED CERKEZ: Your Honours, I plead
23 absolutely not guilty.
24 THE REGISTRAR: Count 30: A grave breach as
25 recognised by Articles 2(g) (unlawful confinement of
Page 287
1 civilians), 7(1) and 7(3) of the Statute of the
2 Tribunal.
3 JUDGE JORDA: Do you plead guilty or not
4 guilty?
5 THE ACCUSED CERKEZ: Your Honours, I plead
6 absolutely not guilty.
7 THE REGISTRAR: Inhuman and/or cruel
8 treatment of detainees:
9 Count 31: A grave breach as recognised by Articles
10 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute
11 of the Tribunal.
12 JUDGE JORDA: Do you plead guilty or not
13 guilty?
14 THE ACCUSED CERKEZ: Your Honours, I plead
15 absolutely not guilty.
16 THE REGISTRAR: Count 32: A violation of the
17 laws or customs of war as recognised by Articles 3,
18 7(1) and 7(3) of the Statute of the Tribunal and
19 Article 3(1)(a) (cruel treatment) of the Geneva
20 Conventions.
21 JUDGE JORDA: Do you plead guilty or not
22 guilty?
23 THE ACCUSED CERKEZ: Your Honours, I plead
24 absolutely not guilty.
25 THE REGISTRAR: Hostages:
Page 288
1 Count 33: A grave breach as recognised by Articles
2 2(h) (taking civilians as hostages), 7(1) and 7(3) of
3 the Statute of the Tribunal.
4 JUDGE JORDA: Do you plead guilty or not
5 guilty?
6 THE ACCUSED CERKEZ: Your Honours, I plead
7 absolutely not guilty.
8 THE REGISTRAR: Count 34: Violation of the
9 laws or customs of war as recognised by Articles 3,
10 7(1) and 7(3) of the Statute of the Tribunal and
11 Article 3(1)(b) (taking of hostages) of the Geneva
12 Conventions.
13 JUDGE JORDA: Do you plead guilty or not
14 guilty?
15 THE ACCUSED CERKEZ: Your Honours, I plead
16 absolutely not guilty.
17 THE REGISTRAR: Human shields:
18 Count 35: A grave breach as recognised by Articles
19 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute
20 of the Tribunal.
21 JUDGE JORDA: Do you plead guilty or not
22 guilty?
23 THE ACCUSED CERKEZ: Your Honours, I plead
24 absolutely not guilty.
25 THE REGISTRAR: Count 36: A violation of the
Page 289
1 laws or customs of war as recognised by Articles 3,
2 7(1) and 7(3) of the Statute of the Tribunal and
3 Article 3(1)(a) (cruel treatment) of the Geneva
4 Conventions.
5 JUDGE JORDA: Do you plead guilty or not
6 guilty?
7 THE ACCUSED CERKEZ: Your Honours, I plead
8 absolutely not guilty.
9 JUDGE JORDA: Thank you, you may be seated,.
10 Counts 37 through 39, which involve Mr. Kordic.
11 THE REGISTRAR: Counts 37-39
12 Destruction and plunder of property
13 55. From about the 1st of October 1992 to
14 approximately the 31st of December 1993, Dario Kordic,
15 together with members of the HZ H-B/HR H-B and HVO and
16 their leaders, armed forces and agents, caused,
17 planned, instigated, ordered or committed, or aided and
18 abetted the planning, preparation, or execution of the
19 unlawful, wanton and extensive destruction, devastation
20 and plunder of Bosnian Muslim dwellings, buildings,
21 businesses, civilian personal property and livestock,
22 which was not justified by military necessity in the
23 following cities, towns and villages on or about the
24 dates indicated: Novi Travnik, October 1992-December
25 1993; Busovaca, January-February 1993; Merdani
Page 290
1 January-February 1993; Putis, April 1993; Ocehnici,
2 April 1993; Loncari, April 1993; Kiseljak, April 1993;
3 Kazagici, April 1993; Behrici, April 1993; Svinjarevo,
4 April 1993,, Gomionica, April 1993; Gromiljak, April
5 1993; Polje Visnjica, April 1993; Visnjica, April 1993;
6 Rotilj, April 1993; Tulica, June 1993; Han
7 Ploca/Grahovci, June 1993; Vitez, April 1993; Stari
8 Vitez, April 1993; Ahmici, April 1993; Nadioci, April
9 1993; Pirici, April 1993; Santici, April 1993;
10 Veceriska-Donja Veceriska, April 1993; Gacice, April
11 1993; Divjak, September 1993; Stupni Do, October 1993.
12 JUDGE JORDA: Mr. Kordic, would you please
13 rise?
14 THE REGISTRAR: By these acts and omissions,
15 Dario Kordic committed:
16 Count 37: A grave breach as recognised by Articles
17 2(d) (extensive destruction of property), 7(1) and 7(3)
18 of the Statute of the Tribunal.
19 JUDGE JORDA: Do you plead guilty or not
20 guilty?
21 THE ACCUSED KORDIC: Your Honours, I plead
22 not guilty.
23 THE REGISTRAR: Count 38: A violation of the
24 laws or customs of war as recognised by Articles 3(b)
25 (wanton destruction not justified by military
Page 291
1 necessity), 7(1) and 7(3) of the Statute of the
2 Tribunal.
3 JUDGE JORDA: Do you plead guilty or not
4 guilty?
5 THE ACCUSED KORDIC: Your Honours, I plead
6 not guilty.
7 THE REGISTRAR: Count 39: A violation of the
8 laws or customs of war as recognised by Articles 3(e)
9 (plunder of public or private property), 7(1) and 7(3)
10 of the Statute of the Tribunal.
11 JUDGE JORDA: Do you plead guilt or not
12 guilty?
13 THE ACCUSED KORDIC: Your Honours, I plead
14 not guilty.
15 JUDGE JORDA: Thank you. Counts 40 to 42
16 concern Mr. Mario Cerkez.
17 THE REGISTRAR: Count 40-42
18 Destruction and plunder of property
19 56. During or about April 1993, Mario
20 Cerkez, together with members of the HZ H-B/HR H-B and
21 HVO their leaders, armed forces and agents, caused,
22 planned, instigated, ordered or committed, or aided and
23 abetted the planning, preparation or execution of the
24 unlawful wanton and extensive destruction, devastation
25 and plunder of Bosnian Muslim dwellings, buildings,
Page 292
1 businesses, civilian personal property and livestock,
2 which were not justified by military necessity in the
3 following cities, towns and villages on or about the
4 dates indicated: Vitez, April 1993; Stari Vitez, April
5 1993; Ahmici, April 1993; Nadioci, April 1993; Pirici,
6 April 1993; Santici, April 1993; Donja Veceriska, April
7 1993.
8 JUDGE JORDA: Mr. Cerkez would you rise,
9 please?
10 THE REGISTRAR: By these acts and omissions,
11 Mario Cerkez committed:
12 Count 40: A grave breach as recognised by Articles
13 2(d) (extensive destruction of property), 7(1) and 7(3)
14 of the Statute of the Tribunal.
15 JUDGE JORDA: Do you plead guilty or not
16 guilt?
17 THE ACCUSED CERKEZ: Your Honours, I plead
18 absolutely not guilty.
19 THE REGISTRAR: Count 41: A violation of the
20 laws or customs of war as recognised by Articles 3(b)
21 (wanton destruction not justified by military
22 necessity), 7(1) and 7(3) of the Statute of the
23 Tribunal.
24 JUDGE JORDA: Do you plead guilty or not
25 guilty?
Page 293
1 THE ACCUSED CERKEZ: Your Honours, I plead
2 absolutely not guilty.
3 THE REGISTRAR: Count 42: A violation of the
4 laws or customs of war as recognised by Articles 3(e)
5 (plunder of public or private property), 7(1) and 7(3)
6 of the Statute of the Tribunal.
7 JUDGE JORDA: Excuse me, for 42, that is the
8 plunder public or private property, do you plead guilty
9 or not guilty?
10 THE ACCUSED CERKEZ: Your Honours, I plead
11 absolutely not guilty.
12 THE REGISTRAR: Count 43, which concerns only
13 Mr. Kordic.
14 JUDGE JORDA: Mr. Registrar, thank you. Mr.
15 Cerkez, you may be seated.
16 THE REGISTRAR: Destruction of institutions
17 dedicated to religion or education
18 57. From about October 1992 to approximately
19 November 1993, Dario Kordic, together with members of
20 the HZ H-B/HR H-B and the HVO and their leaders, armed
21 forces and agents, caused, planned, instigated, ordered
22 or committed, or aided and abetted the planning,
23 preparation or execution of the destruction or wilful
24 damage of Bosnian Muslim institutions dedicated to
25 religion or education in the following towns and
Page 294
1 villages on or about the dates indicated: Ahmici,
2 April 1993; Stari Vitez, April 1993; Han Ploca, June
3 1993; Kiseljak, July-August 1993; Divjak, September
4 1993; Stupni Do, October 1993.
5 JUDGE JORDA: Mr. Kordic, would you rise,
6 please?
7 THE REGISTRAR: By these acts and omissions,
8 Dario Kordic committed:
9 Count 43: A violation of the laws or customs of war as
10 recognised by Articles 3(d) (destruction or wilful
11 damage to institutions dedicated religion or
12 education), 7(1) and 7(3) of the Statute of the
13 Tribunal.
14 JUDGE JORDA: How do you plead, guilty or not
15 guilty?
16 THE ACCUSED KORDIC: Your Honours, I plead
17 not guilty.
18 JUDGE JORDA: You may be seated. Count 44
19 concerns Mr. Cerkez.
20 THE REGISTRAR: Destruction of institutions
21 dedicated to religion or education
22 58. From about April 1993 to approximately
23 September 1993, Mario Cerkez, together with members of
24 the HZ H-B/HR H-B and HVO and their leaders, armed
25 forces and agents, caused, planned, instigated, ordered
Page 295
1 or committed or aided and abetted the planning,
2 preparation or execution of, the destruction of wilful
3 damage of Bosnian Muslim institutions dedicated to
4 religion or education in the following towns and
5 villages on or about the dates indicated: Stari Vitez,
6 April 1993; Ahmici, April 1993; Divjak, September 1993.
7 JUDGE JORDA: Mr. Cerkez, would you rise,
8 please?
9 THE REGISTRAR: By these acts and omissions,
10 Mario Cerkez committed:
11 Count 44: A violation of the laws or customs of war as
12 recognised by Articles 3(d) (destruction or wilful
13 damage to institutions dedicated to religion or
14 education), 7(1) and 7(3) of the Statute of the
15 Tribunal.
16 JUDGE JORDA: Do you plead guilty or not
17 guilty, Mr. Cerkez?
18 THE ACCUSED CERKEZ: Your Honours, I plead
19 absolutely not guilty.
20 JUDGE JORDA: Thank you, you may be seated.
21 Mr. Registrar you are not going to -- you must read all
22 the way to the end and indicate who signed and give the
23 date.
24 THE REGISTRAR: The indictment is signed by
25 Gavin Ruxton, Senior Legal Advisor, signed 2 October,
Page 296
1 1998. Further to the confirmation on the 30 September
2 by Judge McDonald.
3 JUDGE JORDA: Very well, this initial
4 appearance has now been conducted. This is an initial
5 appearance further to rule 62 but we're not going to
6 set the date for the trial, we are still involved in
7 Status Conferences. Yes, I will, of course, give you
8 the floor, but let me finish first. I thought that
9 perhaps we could set a date for a subsequent Status
10 Conference, but that would also give you the
11 opportunity to speak as well as the accused and the
12 Prosecutor. I simply wanted to adjourn to another date
13 for a Status Conference in front of myself because now
14 it is a bit late to set up such type of conference, but
15 I would like to have your opinion on that. First we
16 turn to the Defence. Let me give you the floor,
17 Mr. Kovacic.
18 MR. KOVACIC: Mr. President, I don't want to
19 take up much time, perhaps we can redact the transcript
20 later. However, as regards one point, though, the
21 transcript when paragraph 19 of the indictment was read
22 out, in transcript, this is 10.00, 26 minutes, 4
23 seconds, it is supposed to say Dario Kordic and the
24 transcript mistakenly says Mario Cerkez.
25 JUDGE JORDA: Thank you, Mr. Kovacic. Let me
Page 297
1 remind you that the conditions under which the
2 transcripts are prepared are complicated, but I can a
3 sure you, I'm speaking subject to anything the
4 registrar wants to tell me, but first the transcripts
5 are reread after this hearing by the transcribers who
6 are doing extremely difficult work, as are the
7 interpreters, they spend several hours after the
8 hearings comparing what they have transcribed which is
9 done on the spot with the tapes, so that they can,
10 first of all, prepare an initial version of the
11 transcript. I think it is then sent to all parties for
12 any comments they wish to make and to the judges.
13 THE REGISTRAR: Yes, that's correct. It is
14 sent to all the parties and to the judges so, if
15 necessary, any corrections may be made. I think it is
16 only after that that the transcript is put on the
17 internet.
18 JUDGE JORDA: Therefore, you have all
19 guarantees and to the contrary both today and as soon
20 as you have your first draft transcript, may I suggest
21 that you make any comments you like. This is very
22 important. We have this problem constantly at hearings
23 and it is very important for the parties to make
24 comments, because after that the transcript becomes a
25 legal document. Have you any further comments you
Page 298
1 would like to make.
2 MR. KOVACIC: Thank you. No thank you.
3 JUDGE JORDA: Mr. Naumovski, do you have any
4 comments you would like to make?
5 MR. NAUMOVSKI: I have no objections with
6 regard to what we have done so far, but I would like to
7 take advantage of this opportunity to ask you for one
8 thing. First of all, this initial appearance is being
9 held when we planned to have the Status Conference
10 continued, and I just wanted to ask, if possible, that
11 we determine when the Status Conference will be
12 continued, the one we started previously.
13 JUDGE JORDA: We're going to try to set a
14 date, because I think there is no point beginning
15 today, there are many things that are involved in this
16 case. I am not forgetting it, nor is the pre-trial
17 Judge, but there are many things that have to be done
18 in a pre-trial conference. Let me remind you that this
19 hearing will start further obligations on the part of
20 the Prosecutor. Let me turn to Mr. Nice who will
21 provide a whole series of documents, unless he has
22 already done so. They have certain matters which we
23 have to settle. I was waiting for the initial
24 appearance, including the request for a separate trial
25 for Mr. Cerkez, which we will respond, of course.
Page 299
1 I would like first to turn to the Prosecutor
2 and ask whether there is any comments or any other
3 documents to provide further to the amended indictment
4 which is going to call out another 30 days for any
5 other preliminary motions that might be filed,
6 Mr. Nice.
7 MR. NICE: There are no other documents to be
8 served today. We are anxious that the next Status
9 Conference should be as early as convenient to the
10 Chamber. There are a number of matters, as Your Honour
11 correctly says to be dealt with, principal among them,
12 is, of course, serving on the Defence the material upon
13 which the amended indictment has been confirmed. We
14 have 30 days to do that, and we are anxious to do that
15 as quickly as possible, but we can't do that task until
16 questions of witness protection are finally resolved;
17 therefore, there some is pressure to have an early
18 hearing date in everyone's interest and in the interest
19 of getting the trial on as soon as may be.
20 The other matters that are outstanding in
21 relation to production of documents under Rule 68 and
22 other matters, are all in hand. The Court will
23 remember that there are also some outstanding motions
24 which were held in abeyance right from the beginning of
25 this year.
Page 300
1 JUDGE JORDA: Yes, that's correct.
2 MR. NICE: That any Status Conference would
3 be likely to consume some time, if it's to be heard
4 through to a conclusion of all outstanding matters,
5 probably a hole day, at least.
6 JUDGE JORDA: I'm not sure that myself as the
7 pre-trial Judge can do that all in one day.
8 Mr. Fourmy, do you think the 28th in the morning, would
9 that be a proper date?
10 MR. FOURMY: Mr. President, in order to try
11 to meet as soon as possible, perhaps the 28th would be
12 a good date. I think the Prosecutor is available on
13 that date, I don't know whether the Defence is. Are
14 there other Defence counsel? If you allow me to remind
15 you, ordinarily for Mr. Kordic there are two other
16 counsels who excused themselves for today knowing that
17 Mr. Naumovski would be present, but we have to check
18 with them as to their schedules for the 28th.
19 JUDGE JORDA: Might they come from the United
20 States on the 28th in the morning and then set the
21 hearing for 9.00 or perhaps 9.30 for the interpreters,
22 and for the detention service? What time could we
23 begin, Mr. Registrar?
24 THE REGISTRAR: Yes, we could begin at 9.30
25 without any problems.
Page 301
1 JUDGE JORDA: That's not quite what I was
2 asking. I was going to suggest 9.00. Would 9.00 be
3 possible? Maybe that's more complicated.
4 THE REGISTRAR: If it is an exceptional case.
5 JUDGE JORDA: Well, all right, I understood.
6 All right, if it's not exceptional, we can't, but if
7 it's exceptional, we can. All right, let's try,
8 because on Wednesday we have the Blaskic hearings at
9 2.00 in the afternoon, we have to think about the
10 interpreters work. Let's put 9.00 -- all right, 9.30,
11 we'll say 9.30 to 12.30, would that be enough for a
12 break if it is the same interpreter team? Would that
13 be enough?
14 THE REGISTRAR: Yes, there won't be any
15 problem.
16 JUDGE JORDA: Mr. Naumovski, could you inform
17 Mr. Geneson and Mr. Turner that this Status conference
18 will be on the 28th at 9.30 in the morning and to be
19 available for it.
20 MR. NAUMOVSKI: Absolutely, Mr. President.
21 JUDGE JORDA: All right. We're not going to
22 take up the many, many problems that we have in this
23 case. We have a very, very busy schedule. I would not
24 like to conclude this Status Conference without having
25 first given the floor to the accused and ask them what
Page 302
1 they feel about their current detention conditions.
2 Mr. Kordic, how are your detention conditions
3 at this moment? You may rise, please.
4 THE ACCUSED KORDIC: Your Honours, I thank
5 you for your kindness in asking me the question. We
6 are very pleased that after the meeting held by the
7 President of the Court, Mrs. McDonald and Mrs. Sampayo
8 were held with all the detainees, a letter was
9 received from Ms. McDonald telling us that there will
10 be improve according to some of the points we asked for
11 and we expect this to implemented by the new year. We
12 have been transferred to an older section of the
13 Netherlands prison and we are moving today and I hope
14 that going back to the old building that the conditions
15 have been furnished which were much better than where
16 we were for the moment, but we persevered and we're
17 going back. Thank you.
18 JUDGE JORDA: Thank you. Mr. Cerkez.
19 THE ACCUSED CERKEZ: Your Honours, I just
20 hope that when we return that the conditions will be
21 much better than they were in the past 14 days where we
22 were lodged. Because the rooms were really bad and the
23 conditions were poor.
24 JUDGE JORDA: What your co-accused said, you
25 might say that there would be improvements, work is in
Page 303
1 progress. Where do things stand as regards that work?
2 THE REGISTRAR: As you said, this is a work
3 in progress and we're doing the best we can to allow
4 the detainees to go back to their cells.
5 JUDGE JORDA: All right. Just a bit more
6 patience and then everything will fall into place. All
7 right, this initial appearance, I think we have to
8 resume another trial in about 15 minutes, I would like
9 to adjourn this hearing.
10 --- Whereupon the hearing adjourned at
11 11.52 a.m. to be reconvened on the 28th
12 day of October, 1998 at 9.30 a.m.
13
14
15
16
17
18
19
20
21
22
23
24
25