1 Thursday, 20 February 2003

2 [Initial Appearance]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.40 p.m.

6 JUDGE LIU: Good afternoon, ladies and gentlemen. First of all, I

7 would like to ask Madam Registrar to call the case, please.

8 THE REGISTRAR: Case number IT-03-66-I, the Prosecutor versus

9 Haradin Bala, Isak Musliu, and Agim Murtezi.

10 JUDGE LIU: Thank you. May I have the appearances, please, for

11 the Prosecution.

12 MR. CAYLEY: May it please Your Honour, my name is Andrew Cayley.

13 I appear on behalf of the Prosecutor with my colleague, Mr. Colin Black

14 and our case manager Ms. Janet Stewart.

15 JUDGE LIU: Thank you and for the Defence, please.

16 MR. MURPHY: Good afternoon, Your Honour, Peter Murphy or behalf

17 of Mr. Bala.

18 MR. POWLES: Good afternoon, Your Honour, my name is Steve Powles

19 and I appear on behalf of Isak Musliu.

20 MR. BOURGON: Good afternoon, Your Honour, my name is

21 Stephane Bourgon from Montreal Canada and I appear this afternoon on

22 behalf of Mr. Agim Murtezi.

23 JUDGE LIU: Thank you.

24 Mr. Bala, would you please stand up. I will ask you some

25 questions. Can you hear the proceedings in the language you understand?

1 I didn't get the interpretation. Would you please speak louder.

2 THE ACCUSED BALA: [Interpretation] Yes.

3 JUDGE LIU: May I have your full name, please?

4 THE ACCUSED BALA: [Interpretation] Haradin Bala.

5 JUDGE LIU: What is the date upon which you believe you were born.

6 THE ACCUSED BALA: [Interpretation] On the 10th of June, 1956.

7 JUDGE LIU: Where did you live before you came to The Hague?

8 THE ACCUSED BALA: [Interpretation] In the place where I was born.

9 JUDGE LIU: Can you tell me the name of the street.

10 THE ACCUSED BALA: [Interpretation] It's the village of Koretice E

11 Eperme and it doesn't have any street names.

12 JUDGE LIU: Thank you very much. You may sit down, please.

13 THE ACCUSED BALA: [Interpretation] Thank you as well.

14 JUDGE LIU: Mr. Musliu. Would you please stand up. Can you hear

15 the proceedings in the language you understand?

16 THE ACCUSED MUSLIU: [Interpretation] Yes.

17 JUDGE LIU: May I have your full name, please?

18 THE ACCUSED MUSLIU: [Interpretation] Isak Musliu.

19 JUDGE LIU: And what is the date upon which you believe you were

20 born.

21 THE ACCUSED MUSLIU: [Interpretation] 31st of October, 1970.

22 JUDGE LIU: Where do you live before you came here? I mean in

23 which village?

24 THE ACCUSED MUSLIU: [Interpretation] In the village of Recak in

25 Shtime municipality.

1 JUDGE LIU: Thank you very much. You may sit down, please.

2 THE ACCUSED MUSLIU: [Interpretation] Thank you.

3 JUDGE LIU: Mr. Murtezi, can you hear the proceedings in the

4 language you understand?

5 THE ACCUSED MURTEZI: [Interpretation] Yes.

6 JUDGE LIU: What is your full name, please?

7 THE ACCUSED MURTEZI: [Interpretation] My name is Agim Adim

8 Murtezi, born on 20th of February, 1956 in the village (redacted)

9 (redacted)

10 (redacted)

11 JUDGE LIU: Thank you very much. Do you have any nicknames,

12 please?

13 THE ACCUSED MURTEZI: [Interpretation] I had the pseudonym of

14 Gimi, Gimi [phoen].

15 JUDGE LIU: Thank you, you may sit down, please.

16 We are here this afternoon for the initial appearances of the

17 accused, in accordance with the Rule 62 of the Rules of Procedure and

18 Evidence, upon their transfer to the Tribunal. By the order of the

19 president of this Tribunal, this case was assigned to the Trial Chamber I

20 of which I am the presiding judge.

21 I will ask some questions to the Defence counsel and those

22 questions are addressed to all of you.

23 Mr. Murphy, has your client received a copy of the indictment in

24 the language which he understands?

25 MR. MURPHY: Yes, he has, Your Honour.

1 JUDGE LIU: Do you have a chance to go through with it with him?

2 MR. MURPHY: I had a chance to discuss it with him this morning,

3 Your Honour, yes.

4 JUDGE LIU: Does your client fully understand the nature of the

5 procedure as well as his rights?

6 MR. MURPHY: I believe he does, Your Honour.

7 JUDGE LIU: And does your client understand the counts of the

8 indictment and he is aware of the nature of the allegations made against

9 him?

10 MR. MURPHY: Yes, Your Honour, he is.

11 JUDGE LIU: Thank you. You may sit down, please.

12 MR. MURPHY: Thank you, Your Honour.

13 JUDGE LIU: Mr. Powles. I think the same question, I address also

14 to you. Can you answer them or do you need me to repeat it?

15 MR. POWLES: If you could repeat them, please, Your Honour.

16 JUDGE LIU: Yes. Has your client received a copy of the

17 indictment in the language which he understands?

18 MR. POWLES: Your Honour, he has, yes.

19 JUDGE LIU: Did you have a chance to discuss it with your client.

20 MR. POWLES: Your Honour, yes, briefly this morning.

21 JUDGE LIU: Does your client fully understand the nature of

22 procedure as well as his rights?

23 MR. POWLES: Your Honour, I believe he does, yes.

24 JUDGE LIU: And does your client understand the contents of the

25 indictment.

1 MR. POWLES: Your Honour, yes.

2 JUDGE LIU: Is he aware of the allegation made against him.

3 MR. POWLES: He does, Your Honour.

4 JUDGE LIU: Thank you, you may sit down.

5 Mr. Bourgon, has your client received a copy of the indictment in

6 the language which he understands?

7 MR. BOURGON: [Interpretation] Yes, Your Honour. He has received

8 a copy of the indictment.

9 THE INTERPRETER: Microphone for the counsel, please.

10 JUDGE LIU: Your microphone.

11 Did you have a chance to go through it with him.

12 MR. BOURGON: Your Honour, it was -- it has been a bit difficult

13 to meet with the accused today since I was assigned only later this

14 morning. I did have a chance, however, to discuss with Mr. Murtezi for

15 five minutes at the detention unit and just before the beginning of these

16 proceedings for a period of 20 minutes; nevertheless, Your Honour, I can

17 now -- I am now in a position to say that Mr. Murtezi understands the

18 nature of the charges which are laid out against him in the indictment.

19 He also understands the nature of the proceedings and as well of his

20 rights.

21 JUDGE LIU: Thank you very much.

22 In this case, to my understanding, the counsel do not have much

23 time to discuss with his clients about their rights and the indictment. I

24 will ask Madam Registrar to read Article 20 and 21 of the statute as well

25 as the whole indictment in this courtroom.

1 Madam Registrar.

2 THE REGISTRAR: Article 20, Commencement and Conduct of Trial

3 Proceedings.

4 1. The Trial Chambers shall ensure that a trial is fair and

5 expeditious and that proceedings are conducted in accordance with the

6 Rules of Procedure and Evidence with full respect for the rights of the

7 accused and due regard for the protection of victims and witnesses.

8 2. A person against whom an indictment has been confirmed shall,

9 pursuant to an order or an arrest warrant of the International Tribunal,

10 be taken into custody, immediately informed of the charges against him and

11 transferred to the International Tribunal.

12 3. The Trial Chamber shall read the indictment, satisfy itself

13 that the rights of the accused are respected, confirm that the accused

14 understands the indictment, and instruct the accused to enter a plea. The

15 Trial Chamber shall then set the date for trial.

16 4. The hearing shall be public unless the Trial Chamber decides

17 to close the proceedings in accordance with its Rules of Procedure and

18 Evidence.

19 Article 21: Rights of the accused.

20 1. All persons shall be equal before the International Tribunal.

21 2. In the determination of charges against him, the accused shall

22 be entitled to a fair and public hearing, subject to Article 22 of the

23 Statute.

24 3. The accused shall be presumed innocent until proved guilty

25 according to the provisions of the present Statute.

1 4. In the determination of any charge against the accused,

2 pursuant to the present Statute, the accused shall be entitled to the

3 following minimum guarantees, in full equality:

4 (a) to be informed promptly and in detail in a language which he

5 understands of the nature and cause of the charge against him;

6 (b) to have adequate time and facilities for the preparation of

7 his defence and to communicate with counsel of his own choosing;

8 (c) to be tried without undue delay;

9 (d) to be tried in his presence, and to defend himself in person

10 or through legal assistance of his own choosing; to be informed, if he

11 does not have legal assistance, of this right; and to have legal

12 assistance assigned to him, in any case where the interests of justice so

13 require, and without payment by him in any such case if he does not have

14 sufficient means to pay for it;

15 (e) to examine, or have examined, the witnesses against him and to

16 obtain the attendance and examination of witnesses on his behalf under the

17 same conditions as witnesses against him;

18 (f) to have the free assistance of an interpreter if he cannot

19 understand or speak the language used in the International Tribunal;

20 (g) not to be compelled to testify against himself or to confess

21 guilt.

22 JUDGE LIU: The indictment, please.

23 THE REGISTRAR: Case number IT-03-66-I, indictment, the Prosecutor

24 of the International Criminal Tribunal for the former Yugoslavia, pursuant

25 to her authority under Article 18 of the Statute of the International

1 Criminal Tribunal for the former Yugoslavia (hereinafter the Statute of

2 the Tribunal), charges: Fatmir Limaj, Haradin Bala, Isak Musliu,

3 Agim Murtezi with crimes against humanity and violations of the laws or

4 customs of war.

5 The Accused:

6 Haradin Bala, aka Shala, was born on 10 June 1957 in Gornja

7 Koretica/Korotice E Eperme in the municipality of Glogovac/Gllogoc in

8 Kosovo. At all times relevant to this indictment, Haradin Bala was a

9 member of the KLA and a commander/guard at the Lapusnik/Llapushnik Prison

10 Camp.

11 Isak Musliu, also known as Qerqiz, was born on 31 October 1970 in

12 Racak/Recak in the municipality of Stimlje/Shtime in Kosovo. At all times

13 relevant to this indictment, Isak Musliu was a member of the KLA and a

14 commander/guard at the Lapusnik/Llapushnik Prison Camp.

15 Agim Murtezi, also known as Murrizi, was born 20 February 1956 in

16 Cuculjaga/Qylage in the municipality of Lipljan/Lipjan in Kosovo. At all

17 times relevant to this indictment, Agim Murtezi was a member of the KLA

18 and a guard at the Lapusnik/Llapushnik Prison Camp.

19 Statement of facts:

20 No later than early 1998 after years of increasing tension and

21 violence, armed conflict commenced between Serb forces and the KLA in

22 Kosovo. This development was consistent with the KLA's generally militant

23 approach of active, armed resistance to Serb rule in Kosovo.

24 Together with Serb civilians, Albanian civilians who were

25 perceived by the KLA either as refusing to cooperate with or resisting the

1 KLA by nonmilitary means were targeted for intimidation, imprisonment,

2 violence and murder.

3 Individual Criminal Responsibility:

4 Haradin Bala, Isak Musliu, and Agim Murtezi are responsible for

5 the crimes charged against them in this document pursuant to article 7(1)

6 of the Statute of the Tribunal, as further specified below, for planning,

7 instigating, ordering, committing or otherwise aiding and abetting the

8 planning, preparation or execution of acts or omissions set forth in this

9 indictment.

10 General allegations:

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

12 conflict existed in Kosovo.

13 All acts and omissions charged as Crimes against Humanity were

14 part of a widespread and systematic attack directed against the Serb

15 civilian population and members of the Albanian civilian population

16 perceived as refusing to cooperate with or resisting the KLA by

17 non-military means.

18 At all times relevant to this indictment, Haradin Bala,

19 Isak Musliu, and Agim Murtezi were required to abide by the laws or

20 customs of war, including the Geneva Conventions of 1949 and Additional

21 Protocol II.

22 Charges:

23 Counts 1 to 2, Imprisonment, Cruel Treatment.

24 From in or about May 1998 through to on or about 25 July 1998, in

25 the municipalities of Stimlje/Shtime, Glogovac/Gllogoc, and Lipljan/Lipjan

1 in Kosovo, Fatmir Limaj, individually and in concert with KLA forces

2 under his command and control, planned, instigated, ordered, committed or

3 other otherwise aided and abetted the planning, preparation or execution

4 of the crimes of Imprisonment and Cruel Treatment of Serb and Albanian

5 civilians. Fatmir Limaj also knew or had reason to know that the crimes

6 of Imprisonment and Cruel Treatment were about to be committed or had been

7 committed by his subordinates, and he failed to take the necessary and

8 responsible measures to prevent such acts or punish the perpetrators

9 thereof. Haradin Bala, Isak Musliu, and Agim Murtezi committed, or

10 otherwise aided and abetted the execution of the crimes of Imprisonment

11 and Cruel Treatment of Serb and Albanian civilians.

12 During the period set forth above, KLA forces under the command

13 and control of Fatmir Limaj unlawfully seized at least 35 Serb and

14 Albanian civilians from the municipalities of Stimlje/Shtime,

15 Glogovac/Gllogoc, Lipljan/Lipjan in Kosovo and forcibly brought them to

16 the Lapusnik/Llapushnik Prison Camp.

17 At the Lapusnik/Llapushnik Prison Camp, KLA forces under the

18 command and control of Fatmir Limaj unlawfully detained the Serb and

19 Albanian civilians for prolonged periods. Albanian civilian detainees

20 were repeatedly interrogated about alleged "collaboration" with Serbs,

21 often on the basis only of non-military interactions with Serb civilians.

22 Fatmir Limaj, Haradin Bala, Isak Musliu, and Agim Murtezi personally

23 participated in the guarding of the detainees at the Lapusnik/Llapushnik

24 Prison Camp and in the interrogations of the detainees.

25 By these acts and omissions, Haradin Bala, Isak Musliu, and

1 Agim Murtezi participated in:

2 Count 1: Imprisonment, a crime against humanity punishable under

3 Articles 5(e), 7(1) of the Statute of the Tribunal.

4 Count 2: Cruel Treatment, a violation of the laws or customs of

5 war as recognised by Common Article 3(1)(a) of the Geneva Conventions of

6 1949, punishable under Articles 3, 7(1) of the Statute of the Tribunal.

7 Counts 3 to 5, Torture, Cruel Treatment:

8 From in or about May 1998 through to on or about 25 July 1998, at

9 the Lapusnik/Llapushnik Prison Camp, Fatmir Limaj individually and in

10 concert with KLA forces under his command and control, planned,

11 instigated, ordered, committed, or otherwise aided and abetted the

12 planning, preparation or execution of the crimes of Torture and Cruel

13 Treatment of Serb and Albanian civilians. Fatmir Limaj also knew or had

14 reason to know that the crimes of Torture and Cruel Treatment were about

15 to be committed or had been committed by his subordinates, and he failed

16 to take the necessary and reasonable measures to prevent such acts or

17 punish the perpetrators thereof. Haradin Bala, Isak Musliu, and

18 Agim Murtezi committed, or otherwise aided and abetted the execution of

19 the crimes of Torture and Cruel Treatment of Serb and Albanian civilians.

20 During the time period set forth above, KLA forces under the

21 command and control of Fatmir Limaj held the detainees at the

22 Lapusnik/Llapushnik Prison Camp under conditions that were brutal and

23 inhumane, and routinely subjected them to physical and psychological

24 assault, including torture and beatings. Fatmir Limaj, Haradin Bala,

25 Isak Musliu, and Agim Murtezi participated in the maintaining and

1 enforcing the inhumane conditions at the camp, which included inadequate

2 food and medical care, and participated in or aided and abetted the

3 torture and beatings of the detainees.

4 By these acts and omissions, Haradin Bala, Isak Musliu, and

5 Agim Murtezi participated in:

6 Count 3: Torture, a crime against humanity punishable under

7 Articles 5(f), 7(1) of the Statute of the Tribunal.

8 Count 4: Torture, a violation of the laws or customs of war as

9 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,

10 punishable under Articles 3, 7(1) of the Statute of the Tribunal.

11 Count 5: Cruel Treatment, a violation of the laws or customs of

12 war as recognised by Common Article 3(1)(a) of the Geneva Conventions of

13 1949 punishable under Articles 3 7(1) of the Statute of the Tribunal.

14 Counts 6 to 7, Murder:

15 From a date in or about June 1998 through to 25 July 1998, KLA

16 forces under the command and control of Fatmir Limaj, including

17 Haradin Bala and Isak Musliu planned, instigated, ordered, committed, or

18 otherwise aided and abetted the planning, preparation, or execution of the

19 crime of Murder of Serb and Albanian civilians at the Lapusnik/Llapushnik

20 Prison Camp. In each of the instances set forth below, Fatmir Limaj knew

21 or had reason to know that the crime of Murder was about to be committed

22 or had been committed by his subordinates, and he failed to take the

23 necessary and reasonable measures to prevent such acts or punish the

24 perpetrators thereof.

25 On a date after 24 June 1998 but before 25 July 1998, KLA forces

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13 English transcripts.

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1 under the command and control of Fatmir Limaj murdered a number of Serb

2 and non-Albanian detainees at the Lapusnik/Llapushnik Prison Camp whose

3 names are set forth in Annex 1 to this indictment.

4 On a date in or about mid-July 1998, KLA forces under the command

5 and control of Fatmir Limaj beat, tortured, and murdered a number of Serb

6 and Albanian detainees at the Lapusnik/Llapushnik Prison Camp whose names

7 are set forth in Annex II to this indictment. Haradin Bala, and

8 Isak Musliu participated in or aided and abetted the murder of the four

9 detainees.

10 On a date in or about June or July 1998, KLA forces under the

11 command and control of Fatmir Limaj beat, tortured, and murdered

12 Fehmi Xhema, also known as Fehmi Tafa, at the Lapusnik/Llapushnik Prison

13 Camp. Haradin Bala and Isak Musliu participated in or aided and abetted

14 the murder of Fehmi Xhema, also known as Fehmi Tafa.

15 By these acts and omissions, Haradin Bala and Isak Musliu

16 participated in:

17 Count 6: Murder, a crime against humanity punishable under

18 Articles 5(a) and 7(1) of the Statute of the Tribunal.

19 Count 7: Murder, a violation of the laws or customs of war as

20 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,

21 punishable under Articles 3, 7(1) of the Statute of the Tribunal.

22 Counts 8 to 9, Murder:

23 On or about 25 July 1998, in or around the Berisa/Berisha

24 mountains near the Lapusnik/Llapushnik Prison Camp, Fatmir Limaj

25 individually and in concert with KLA forces under his command and control,

1 planned, instigated, ordered or otherwise aided and abetted the planning,

2 preparation, or execution of the crime of Murder of 11 Albanian detainees.

3 Fatmir Limaj also knew or had reason to know that the crime of Murder was

4 about to be committed or had been committed by his subordinates, and he

5 failed to take the necessary and reasonable measures to prevent such acts

6 or punish the perpetrators thereof. Haradin Bala and Agim Murtezi

7 committed, or otherwise aided and abetted the execution of, the crime of

8 Murder of the 11 Albanian detainees.

9 Shortly before 25 July 1998, Serb forces retook the area around

10 the Lapusnik/Llapushnik Prison Camp. As a result, on 25 July 1998, the

11 KLA abandoned the Lapusnik/Llapushnik Prison Camp and Haradin Bala and

12 Agim Murtezi marched approximately 22 detainees from the camp into the

13 Berisa/Berisha mountains. On the way they met up with Fatmir Limaj who

14 gave orders to Haradin Bala and Agim Murtezi.

15 Shortly thereafter, Haradin Bala divided the detainees into two

16 groups. One group of approximately nine detainees was released. The

17 other group of approximately 13 detainees was marched by Haradin Bala,

18 Agim Murtezi, and a third KLA soldier to a clearing in the woods.

19 Haradin Bala, Agim Murtezi, and the third soldier then shot them, killing

20 11 of the detainees whose names are set forth in Annex III to this

21 indictment.

22 By these acts and omissions, Haradin Bala and Agim Murtezi

23 participated in:

24 Count 8: Murder, a crime against humanity as punishable under

25 Articles 5(a), 7(1), and,

1 Count 9: Murder, a violation of the laws or customs of war as

2 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,

3 punishable under Articles 3, 7(1) of the Statute of the Tribunal.

4 JUDGE LIU: Thank you. Thank you, Madam Registrar. Here is a

5 question addressed to Defence counsel. Do your clients know that they

6 must plead to the charges in the indictment within 30 days of the Initial

7 Appearance and if they so wish, they can also do so today? Are they ready

8 to enter a plea today? Yes, Mr. Murphy.

9 MR. MURPHY: Mr. Bala is aware of that and he is prepared to enter

10 a plea today.

11 JUDGE LIU: Thank you. Mr. Powles.

12 MR. POWLES: Your Honour, likewise, Mr. Musliu is aware that he

13 has 30 days to enter his plea but he is prepared to enter his plea today.

14 JUDGE LIU: Thank you. Mr. Bourgon.

15 MR. BOURGON: Your Honour, Mr. Murtezi is aware and he is ready to

16 enter a plea today; however, I would like to make submissions before we

17 proceed to the entrance of plea by the -- by Mr. Murtezi.

18 JUDGE LIU: Yes, you may.

19 MR. BOURGON: Very quickly, Your Honour, I would like first of all

20 to highlight the fact that even though it is true that I did not have and

21 not a very extensive opportunity to discuss with Mr. Murtezi the content

22 of the indictment, I did say earlier on that he understood the nature of

23 the charges that were contained in the indictment. I would like at this

24 time to highlight the fact that I did receive full cooperation from both

25 the security services of this Tribunal as well as from the language

1 department which have allowed me at the last minute to be able to meet

2 Mr. Murtezi in order to ensure that he did understand the nature of the

3 charges.

4 I would also like to point out for the record, Your Honour, that

5 initially when you asked some questions to Mr. Murtezi, one of those

6 questions was: Mr. Murtezi, do you have a pseudonym? The answer of

7 Mr. Murtezi to this question was, yes, Your Honour, I do have a pseudonym

8 and this pseudonym is Gimi [phoen] and this is not Murrizi, as is stated

9 at paragraph 4 of the indictment I just want to state this for the record.

10 JUDGE LIU: Thank you very much.

11 MR. BOURGON: My next submission, Your Honour, has to do with the

12 order by the President of the Court in which he was -- he has assigned

13 this case to Trial Chamber I. I refer here to the French version of the

14 order by the President on page 2 where there seems to have been probably a

15 typo but I need to bring this to the attention of the Chamber. I will

16 read in French if you allow me, Your Honour. [Interpretation] For these

17 motives deciding that the composition of the Chamber, the first Trial

18 Chamber for the case IT-03-66-I will be as follows: Judge Liu Daquin,

19 Judge Amin El Mahdi, Judge Alphonse Orie. Deciding that the initial

20 appearance of the accused in application of Article Rule 62 of the Rules

21 will take place before Trial Chamber II or a judge -- before a judge

22 thereof. [In English] The fact that it was ordered that the initial

23 appearance of the accused would take place before Trial Chamber II is

24 without a doubt a typo, Your Honour, but I thought I would bring it to the

25 attention of the Chamber.

1 Lastly, I would like to bring your attention to the order by which

2 there was a -- considering the motion of the Prosecutor to lift the order

3 for nondisclosure entered on 27 January which was filed today. You have

4 ordered in the Judge El Mahdi, the confirming judge, has ordered that his

5 order for non-disclosure which was contained in the 27 January

6 confirmation order shall be vacated in full with immediate effect.

7 If I look at the confirmation of the indictment, the order to

8 which Judge El Mahdi was referring to, it says at the end that: "There,

9 in any case," I refer to the disposition paragraph 3 where it says that:

10 "There, in any case be no public disclosure of the supporting material

11 until further order."

12 The effect of the order vacating this order would mean that the

13 supporting material would now be able to be made public. I would request

14 that at this point, Your Honour, that the public -- the supporting

15 material be maintained confidential following this initial appearance

16 until further submission by the parties.

17 Thank you, Your Honour.

18 JUDGE LIU: Thank you very much to bring up those issues.

19 As for the mistake in the President's order, I will talk to him

20 about it. I believe it's a typing mistake. As for the last issue, I'll

21 look into it and see what should be done. Thank you very much.

22 Mr. Bala, would you please stand up.

23 [The accused Bala stands up]

24 JUDGE LIU: Are you now ready to enter pleas to the charges

25 against you in the indictment?

1 THE ACCUSED BALA: [Interpretation] Yes.

2 JUDGE LIU: I propose to read out to you just the charge and then

3 I will ask you how do you plead to that charge, guilty or not guilty.

4 Your answer in each case should be guilty or not guilty as the

5 case may be. Is that clear?

6 THE ACCUSED BALA: [Interpretation] That is clear.

7 JUDGE LIU: Let's begin. The first count against you is the

8 charge of imprisonment, being a crime against humanity. How do you plead,

9 guilty or not guilty?

10 THE ACCUSED BALA: [Interpretation] Not guilty.

11 JUDGE LIU: The second count is a charge of cruel treatment as a

12 violation of the laws or customs of war. How do you plead, guilty or not

13 guilty?

14 THE ACCUSED BALA: [Interpretation] Not guilty.

15 JUDGE LIU: The third is a charge of torture being a crime against

16 humanity. How do you plead, guilty or not guilty?

17 THE ACCUSED BALA: [Interpretation] Not guilty again.

18 JUDGE LIU: The fourth count is another charge of torture as a

19 violation of the laws or customs of war. Do you plead guilty or not

20 guilty?

21 THE ACCUSED BALA: [Interpretation] Not guilty.

22 JUDGE LIU: The fifth count is a charge of cruel treatment as a

23 violation of the laws or customs of war. How do you plead, guilty or not

24 guilty?

25 THE ACCUSED BALA: [Interpretation] Not guilty.

1 JUDGE LIU: The sixth count is a charge of murder as a crime

2 against humanity. How do you plead, guilty or not guilty?

3 THE ACCUSED BALA: [Interpretation] Not guilty.

4 JUDGE LIU: The seventh count is another charge of murder as a

5 violation of the laws or customs of war. How do you plead, guilty or not

6 guilty?

7 THE ACCUSED BALA: [Interpretation] Again, not guilty.

8 JUDGE LIU: The eighth count is a charge of murder as a crime

9 against humanity. How do you plead, guilty or not guilty?

10 THE ACCUSED BALA: [Interpretation] Not guilty.

11 JUDGE LIU: The ninth count is a charge of murder too as a

12 violation of the laws or customs of war, how do you plead, guilty or not

13 guilty?

14 THE ACCUSED BALA: [Interpretation] Not guilty.

15 JUDGE LIU: Very well. You may sit down, please.

16 [The accused Bala sits down]

17 JUDGE LIU: Mr. Musliu, are you now ready to enter pleas to the

18 charges against you in the indictment?

19 [The accused Musliu stands up]

20 THE ACCUSED MUSLIU: [Interpretation] I have listened to the

21 charges carefully.

22 THE INTERPRETER: Microphone to the accused, please.

23 THE ACCUSED MUSLIU: [Interpretation] And I feel totally innocent

24 of the charges.

25 JUDGE LIU: Well, as a rule of this procedure, I'll propose to you

1 that I read out each charge and then ask you how do you plead, guilty or

2 not guilty. Your answer in each case should be guilty or not guilty as

3 the case may be. Is that clear?

4 THE ACCUSED MUSLIU: [Interpretation] Yes, clear.

5 JUDGE LIU: The first count against you is the charge of

6 imprisonment being a crime against humanity. How do you plead, guilty or

7 not guilty?

8 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

9 JUDGE LIU: The second count is a charge of cruel treatment as a

10 violation of the laws or customs of war. How do you plead, guilty or not

11 guilty?

12 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

13 JUDGE LIU: The third count is a charge of torture being a crime

14 against humanity. How do you plead, guilty or not guilty?

15 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

16 JUDGE LIU: The fourth count is another charge of torture as a

17 violation of the laws or customs of war. Do you plead guilty or not

18 guilty?

19 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

20 JUDGE LIU: The fifth count is a charge of cruel treatment as a

21 violation of the laws or customs of war, how do you plead, guilty or not

22 guilty?

23 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

24 JUDGE LIU: The sixth count in the indictment is the eighth count

25 is a charge of murder as a crime against humanity, how do you plead,

1 guilty or not guilty?

2 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

3 JUDGE LIU: The seventh count in the indictment is Count 9 is

4 another charge of murder as a violation of the laws or customs of war, how

5 do you plead, guilty or not guilty?

6 THE ACCUSED MUSLIU: [Interpretation] Not guilty.

7 JUDGE LIU: You may sit down, please, sir.

8 [The accused Musliu sits down]

9 MR. POWLES: Your Honour, I believe that Mr. Musliu is charged

10 with counts 6 and 7 of the indictment and not counts 8 and 9.

11 JUDGE LIU: Yes. I might make a mistake. I'll look into it but

12 anyway -- but anyway, those counts are listed in the indictment.

13 MR. POWLES: Yes Your Honour, yes, I'm obliged.

14 JUDGE LIU: Mr. Murtezi, would you please stand up.

15 [The accused Murtezi stands up]

16 JUDGE LIU: Are you ready to enter pleas to the charges against

17 you in the indictment?

18 THE ACCUSED MURTEZI: [Interpretation] Yes.

19 THE INTERPRETER: Microphone to the accused, please.

20 JUDGE LIU: Your microphone, please.

21 I'll read out to you just the charge and then I will ask you how

22 do you plead to the charge, guilty or not guilty. Your answer in each

23 case may be guilty or not guilty as the case may be. Is that clear?

24 THE ACCUSED MURTEZI: [Interpretation] Yes.

25 JUDGE LIU: The first count against you is the charge of

1 imprisonment being a crime against humanity. How do you plead, guilty or

2 not guilty?

3 THE ACCUSED MURTEZI: [Interpretation] Not guilty.

4 JUDGE LIU: The second count is the charge of cruel treatment as a

5 violation of the laws or customs of war, how do you plead, guilty or not

6 guilty?

7 THE ACCUSED MURTEZI: [Interpretation] Not guilty.

8 JUDGE LIU: The third count is a charge of torture being a crime

9 against humanity, how do you plead, guilty or not guilty?

10 THE ACCUSED MURTEZI: [Interpretation] Not guilty.

11 JUDGE LIU: The fourth count is another charge of torture as a

12 violation of the laws or customs of war, do you plead guilty or not

13 guilty?

14 THE ACCUSED MURTEZI: [Interpretation] Not guilty.

15 JUDGE LIU: The fifth count is the charge of cruel treatment as a

16 violation of the laws or customs of war, how do you plead, guilty or not

17 guilty?

18 THE ACCUSED MURTEZI: [Interpretation] Not guilty.

19 JUDGE LIU: The sixth count is a charge of murder as a crime

20 against humanity. How do you plead, guilty or not guilty?

21 THE ACCUSED MURTEZI: [Interpretation] Not guilty.

22 JUDGE LIU: The seventh count is a charge of another murder as a

23 violation of the laws or customs of war. How do you plead, guilty or not

24 guilty?

25 THE ACCUSED MURTEZI: [Interpretation] Entirely not guilty.

1 JUDGE LIU: You may sit down, please, sir.

2 [The accused Murtezi sits down]

3 JUDGE LIU: Yes, Mr. Bourgon.

4 MR. BOURGON: For the record, if you may allow me to note that the

5 last two --

6 THE INTERPRETER: Microphone for the counsel, please.

7 JUDGE LIU: Your mike, please.

8 MR. BOURGON: Your Honour, just to -- for the record, I would like

9 to confirm that the last two counts to which the accused entered a plea of

10 not guilty refer to counts 8 and 9 in the indictment and not to counts 6

11 and 7 which the accused is not charged.

12 JUDGE LIU: Thank you.

13 MR. BOURGON: Thank you.

14 JUDGE LIU: I have already noted that. Thank you very much.

15 There are also some questions addressed to Defence counsel. I

16 would like to know whether the families of the accused has been informed

17 about their arrest and transfer to The Hague, Mr. Murphy.

18 MR. MURPHY: Your Honour, I'm not entirely sure of that.

19 JUDGE LIU: Would you please make sure after this sitting.

20 MR. MURPHY: I will.

21 JUDGE LIU: Mr. Powles.

22 MR. POWLES: Your Honour, yes, in conference with Mr. Musliu, he

23 confirmed that he had an opportunity to speak to his family.

24 JUDGE LIU: Thank you. Mr. Bourgon.

25 MR. BOURGON: Your Honour, this is not something that I've had the

1 time to discuss with Mr. Murtezi. However, I did discuss with him the

2 circumstances surrounding his arrest by KFOR and he has assured me that

3 all procedures were followed correctly and he is both in a good state of

4 mind and good physical conditions to appear before you.

5 JUDGE LIU: Thank you very much.

6 Another question is that the embassy has been informed about their

7 arrest.

8 MR. MURPHY: I don't know but I will find out.

9 JUDGE LIU: Thank you. Mr. Powles.

10 MR. POWLES: Your Honour, likewise, I don't know what the relevant

11 embassy would be for Kosovo but those inquiries can be made.

12 JUDGE LIU: Thank you. Mr. Bourgon.

13 MR. BOURGON: Likewise, Your Honour, I have not had the

14 opportunity to discuss this topic with Mr. Murtezi but will do at the

15 earliest opportunity. Thank you, Your Honour.

16 JUDGE LIU: Thank you.

17 The registrar will note the pleas of the accused today and it will

18 been entrusted to fix a date for trial when appropriate.

19 An accused is remanded in custody until further order. By the

20 order of the presiding judge of the Trial Chamber I, I is designated as

21 the Pre-Trial Judge. A Status Conference will be scheduled to take place

22 within 120 days of the initial appearance in accordance with the Rule 65

23 bis and all of you will be informed of that date.

24 At this moment, I would like to remind the Prosecutor of their

25 obligation under Rule 66(A)(i) of the Rules of Procedure and Evidence with

1 regard to the disclosure of the supporting materials within 30 days of

2 today. I would also remind counsel for the accused whether you are

3 continuing to serve as their counsel after today or not, the preliminary

4 motions pursuant to Rule 72 may be filed on behalf of the accused no later

5 than 30 days after disclosure by the Prosecutor pursuant to Rule 62(A)(i).

6 Is there any other matter the Prosecution wish to raise at this

7 stage?

8 MR. CAYLEY: Yes, thank you, Your Honour. Two matters. First of

9 all, my learned friend, Mr. Bourgon, raised a matter which I was unaware

10 and that is that the order for non-disclosure was lifted in its entirety

11 by Judge El Mahdi. That is not, in fact, what the Prosecutor applied for,

12 so I think it is probably a typographical error but it would be very

13 helpful if, as Mr. Bourgon suggested, that that order for non-disclosure

14 remained in place for supporting material only. It is important that the

15 material remains confidential.

16 And the second matter in respect of the supporting material

17 relevant to the comments that you've just made about the Prosecutor's

18 obligation for disclosure, I have a meeting with Defence counsel at 4.30

19 at which they will be provided with all of the supporting material.

20 JUDGE LIU: Thank you very much.

21 Of course we'll look into the matter concerning that order.

22 Are there any matters that Defence counsel would like to raise at

23 this stage? Yes, Mr. Murphy.

24 MR. MURPHY: Not at this time, Your Honour, thank you.

25 JUDGE LIU: Powles.

1 MR. POWLES: No, thank you, Your Honour.

2 JUDGE LIU: Mr. Bourgon.

3 MR. BOURGON: No further submissions, Your Honour.

4 JUDGE LIU: Thank you very much.

5 By anyway, I have to tell you the sooner your counsel obtain a

6 permanent Defence counsel, the sooner he will find out what it is all

7 about by the material which the Prosecution will provide to them.

8 So I ask you to make sure before the leave the case that you

9 explain to your client and your current client the importance of moving

10 fast.

11 Well, that's all. We are adjourned.

12 --- Whereupon the Initial Appearance adjourned

13 at 3.33 p.m.

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