Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                          Friday, 24 February 2006

 2                          [Initial Appearance]

 3                          [Open session]

 4                          [The accused entered court]

 5                          --- Upon commencing at 3.07 p.m.

 6            JUDGE BONOMY:  Good afternoon, everyone.  Would the registrar

 7    please call the case.

 8            THE REGISTRAR:  Good afternoon, Your Honour.  This is case number

 9    IT-98-32/1-I.

10            JUDGE BONOMY:  Thank you.  Now, this proceeding is the initial

11    appearance of Mr. Milan Lukic, which is taking place pursuant to Rule 62

12    of the Rules of Procedure and Evidence of the Tribunal.

13            The first thing I think I ought to be clear about is who

14    represents the Prosecution and Defence in this case.  For the Prosecutor.

15            MR. HARMON:  Good afternoon, Your Honour.  Mark Harmon, Frederic

16    Ossogo, and Fergal Gaynor representing the Prosecution.  Present also is

17    Lise-Lotte Karlsson, the case manager.

18            JUDGE BONOMY:  Thank you, Mr. Harmon.  And for the Defence.

19            MR. KARNAVAS:  Good afternoon, Your Honour.  Michael Karnavas on

20    behalf of Milan Lukic.

21            JUDGE BONOMY:  Thank you, Mr. Karnavas.

22            Now, Mr. Lukic, could you stand, please.  Are you hearing what's

23    being said in your own language?

24            THE ACCUSED: [Interpretation] I can hear it.

25            JUDGE BONOMY:  Should any difficulty in that connection develop,

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 1    you should let me know immediately.  Do you understand that?

 2            THE ACCUSED: [Interpretation] I understand that.  Thank you.

 3            JUDGE BONOMY:  Let's see if without bending down you can actually

 4    communicate with the microphone.  I think they probably are good enough,

 5    when switched on, to enable you to stand up straight and answer, and if

 6    that proves difficult, then you may sit down, but let's see how we get on.

 7            Would you state, first of all -- would you state, first of all,

 8    please, your full name.

 9            THE ACCUSED: [Interpretation] I am Milan Lukic.

10            JUDGE BONOMY:  What is your date of birth?

11            THE ACCUSED: [Interpretation] The 6th of September, 1967.

12            JUDGE BONOMY:  And where were you born?

13            THE ACCUSED: [Interpretation] In Foca.

14            JUDGE BONOMY:  Prior to your detention and then transmission to

15    the Tribunal, where did you reside?

16            THE ACCUSED: [Interpretation] Before I was transferred here, I

17    lived in Argentina.  For the last four months.

18            JUDGE BONOMY:  Thank you.  Now could you please be seated.

19            THE ACCUSED: [Interpretation] Thank you.

20            JUDGE BONOMY:  Mr. Karnavas, this case has a long history, a long

21    history as far as this accused is concerned and a long history as far as

22    other accused are concerned.  Most of that history is well known, and I

23    don't think any particular purpose would be served today by elaborating

24    upon it further.  So what I propose to do is proceed straight to the issue

25    that concerns us today, which is the position of the accused - this

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 1    accused - in relation to each of the counts against him.  Now, if I do

 2    that, do I require that the whole indictment be read, or is it going to be

 3    sufficient in this instance to ask him whether he pleads guilty or not

 4    guilty to each of the individual counts by simply referring to what that

 5    count is?  For example, extermination, a crime against humanity.

 6            MR. KARNAVAS:  Thank you, Your Honour.  First of all, for the

 7    record, he has -- Mr. Lukic has been fully apprised of his rights, both

 8    while he was in Argentina and while he's here.  I have had an opportunity

 9    to go over the entire indictment with him, both in Argentina and here.  At

10    this time, he knowingly and intelligently and voluntarily waives the

11    reading of the indictment.  However, I do understand your request, and I

12    believe that the mere reading of each count and the entering of not guilty

13    on each particular count would be sufficient, and that that would be our

14    position, that we enter a plea of not guilty to each and every count, in

15    fact to the entire indictment, to every single word at this particular

16    point.  Thank you.

17            JUDGE BONOMY:  Now, just one further matter.  Thank you,

18    Mr. Karnavas.  There is -- or at least there was an application by the

19    Prosecution to amend the indictment in this case, and that's an amended --

20    a proposal to amend an already amended indictment.  Procedure on that was

21    suspended pending the accused arriving here.  For the avoidance of any

22    doubt, it's the indictment which has been established as an appropriate

23    indictment to which he will be invited to plead.  I'll come later to the

24    question of the amendment that is now proposed to that indictment, but he

25    will asked in a moment or two to plead to the 21 existing counts on the

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 1    indictment.

 2            MR. KARNAVAS:  Very well.  That's fine.

 3            JUDGE BONOMY:  Okay.

 4            MR. KARNAVAS:  But just to be clear, we're pleading not guilty to

 5    everything.

 6            JUDGE BONOMY:  Everything, yes.

 7            Now, before I embark on that, Mr. Harmon, is there anything that

 8    you want to draw to my attention?

 9            MR. HARMON:  No, Your Honour.  As Your Honour is going to address

10    the issue of the proposed second amended indictment at a later time, we

11    have nothing to add at this point in time.

12            JUDGE BONOMY:  Thank you.  Now, Mr. Lukic, would you stand again,

13    please.  In a moment, the court registrar will read to you a summary of

14    each count on the indictment, and he will take them one by one, and each

15    time, once he's read the summary, he will ask you whether you plead guilty

16    or not guilty, and you should reply in each instance to that question.  Do

17    you understand that?

18            THE ACCUSED: [Interpretation] I understand.

19            JUDGE BONOMY:  Would the registrar now please proceed to take the

20    plea.

21            THE REGISTRAR:  Milan Lukic, you have been charged as follows:

22    Count 1:  Extermination, a crime against humanity.  Do you plead guilty or

23    not guilty?

24            THE ACCUSED: [Interpretation] Not guilty.

25            THE REGISTRAR:  Count 2, persecution on political, racial, and

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 1    religious grounds, a crime against humanity.  Do you plead guilty or not

 2    guilty?

 3            THE ACCUSED: [Interpretation] Not guilty.

 4            THE REGISTRAR:  Count 4, murder, a crime against humanity.  Do you

 5    plead guilty or not guilty?

 6            THE ACCUSED: [Interpretation] Not guilty.

 7            THE REGISTRAR:  Count 5, murder, a violation of the laws or

 8    customs of war.  Do you plead guilty or not guilty?

 9            THE ACCUSED: [Interpretation] Not guilty.

10            THE REGISTRAR:  Count 6, inhumane acts, a crime against humanity.

11    Do you plead guilty or not guilty?

12            THE ACCUSED: [Interpretation] Not guilty.

13            THE REGISTRAR:  Count 7, violence to life and person, a violation

14    of the laws or customs of war.  Do you plead guilty or not guilty?

15            THE ACCUSED: [Interpretation] Not guilty.

16            THE REGISTRAR:  Count 8, murder, a crime against humanity.  Do you

17    plead guilty or not guilty?

18            THE ACCUSED: [Interpretation] Not guilty.

19            THE REGISTRAR:  Count 9, murder, a violation of the laws or

20    customs of war.  Do you plead guilty or not guilty?

21            THE ACCUSED: [Interpretation] Not guilty.

22            THE REGISTRAR:  Count 10, murder, a crime against humanity.  Do

23    you plead guilty or not guilty?

24            THE ACCUSED: [Interpretation] Not guilty.

25            THE REGISTRAR:  Count 11, murder, a violation of the laws or

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 1    customs of war.  Do you plead guilty or not guilty?

 2            THE ACCUSED: [Interpretation] Not guilty.

 3            THE REGISTRAR:  Count 12, inhumane acts, a crime against humanity.

 4    Do you plead guilty or not guilty?

 5            THE ACCUSED: [Interpretation] Not guilty.

 6            THE REGISTRAR:  Count 13, violence to life and person, a violation

 7    of the laws or customs of war.  Do you plead guilty or not guilty?

 8            THE ACCUSED: [Interpretation] Not guilty.

 9            THE REGISTRAR:  Count 14, murder, a crime against humanity.  Do

10    you plead guilty or not guilty?

11            THE ACCUSED: [Interpretation] Not guilty.

12            THE REGISTRAR:  Count 15, murder, a violation of the laws or

13    customs of war.  Do you plead guilty or not guilty?

14            THE ACCUSED: [Interpretation] Not guilty.

15            THE REGISTRAR:  Count 16, inhumane acts, a crime against humanity.

16    Do you plead guilty or not guilty?

17            THE ACCUSED: [Interpretation] Not guilty.

18            THE REGISTRAR:  Count 17, violations to life and person, a

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

20    guilty?

21            THE ACCUSED: [Interpretation] Not guilty.

22            THE REGISTRAR:  Count 18, inhumane acts, a crime against humanity.

23    Do you plead guilty or not guilty?

24            THE ACCUSED: [Interpretation] Not guilty.

25            THE REGISTRAR:  Count 19, cruel treatment, a violation of the laws

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 1    or customs of war.  Do you plead guilty or not guilty?

 2            THE ACCUSED: [Interpretation] Not guilty.

 3            THE REGISTRAR:  Count 20, murder, a crime against humanity.  Do

 4    you plead guilty or not guilty?

 5            THE ACCUSED: [Interpretation] Not guilty.

 6            THE REGISTRAR:  Count 21, murder, a violation of the laws or

 7    customs of war.  Do you plead guilty or not guilty?

 8            THE ACCUSED: [Interpretation] Not guilty.

 9            JUDGE BONOMY:  Thank you.  Thank you, Mr. Lukic.  Please be

10    seated.

11            THE ACCUSED: [Interpretation] Thank you.

12            JUDGE BONOMY:  In view of these pleas of not guilty to each of the

13    charges, I ask the registrar to note that a trial will require to be set

14    in due course.  That, of course, is subject to the application which was

15    made in terms of Rule 11 bis to transfer this case away from the

16    jurisdiction of the Tribunal.  The motion was suspended, as I understand

17    it, by the Referral Bench, but that suspension was simply until the

18    accused came here.  And in view of his arrival here, then that suspension

19    appears to me to automatically be raised, although that's a matter for the

20    Referral Bench rather than me, and the issue is again a live one.

21            Now, Mr. Harmon, I think you know that I take the view that

22    disclosure is not an optional form of procedure that ought to be suspended

23    simply because of an application in terms of 11 bis.  So I take it that

24    the Prosecution are now actively engaged in disclosure.

25            MR. HARMON:  We -- two elements that I need to advise the Court

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 1    about in respect of disclosure:  One, we're prepared to make disclosure

 2    now.  Second of all, Your Honour, there is a -- there was an application

 3    for consideration for a proposed second amended indictment.  That

 4    application was stayed.  He is -- until he had arrived in The Hague.

 5    Mr. Lukic is now here in The Hague, it is our intention to file next week

 6    formally a request for consideration of an amended second indictment.

 7            JUDGE BONOMY:  Yes.  Remind me of the state of play.  There is a

 8    motion and there is a proposed amended indictment.

 9            MR. HARMON:  There is a proposed amended indictment.  That was

10    stayed until his arrival.

11            JUDGE BONOMY:  Do we not just need to remove the stay?

12            MR. HARMON:  We can either do that, that's one issue - it's not

13    entirely clear from going through all of the decisions - that can either

14    take place, or alternatively, we can file formally an application saying

15    now we submit before the Chamber that's seized of the matter an

16    application to amend the present indictment.

17            JUDGE BONOMY:  Yes.  Well, the practical issue here is one of a

18    proper representation of the accused.  So give me a moment while I ask

19    Mr. Karnavas about that.

20            Are you likely to be counsel in this case, or are you here for the

21    day and gone tomorrow?

22            MR. KARNAVAS:  Well, hopefully not, Your Honour.  Hopefully not.

23    I had a power of attorney to represent Mr. Lukic.  The Prosecution was

24    aware of this way back in December, as was the Registry became aware of it

25    some two weeks ago.  It's my understanding that, based on the 11 bis, at

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 1    least the application that had been pending, that the Argentinian court

 2    transferred Mr. Lukic here on the agreement that he would not be sent to

 3    the state court in Sarajevo and that he would remain here or there would

 4    be one other option and that would be Belgrade.  So I would take it that's

 5    why you have this amended indictment that's pending.

 6            My suggestion at this point would be not to rush into anything,

 7    because I think that it might be fruitful for me to meet with the

 8    Prosecution, even at this early stage, and to begin to have certain

 9    discussions that, you know, might not make it necessary for that -- that

10    amended indictment to be filed or it may make it necessary for them.

11            So I don't know if I'm asking -- I'm answering your question, but

12    it's my intention to remain in the case --

13            JUDGE BONOMY:  No, you've answered that.  The reason I thought it

14    might be worth doing something quite quickly on this was that I've, and

15    the Trial Chamber of which I'm part, has recently had to consider a

16    similar motion in relation to a co-accused in the case, and therefore the

17    issues which are similar are alive in our minds.

18            On the other hand, you may not have the benefit of being as well

19    briefed on it.  I don't know.  But if you were, then I would be inclined

20    to proceed with this, although I'm -- you know, I understand what you're

21    saying to me as well, and I wouldn't like to divert your attention from

22    activities that might turn out to be more productive.

23            MR. KARNAVAS:  Well, I get the gist, Your Honour.  I can only say

24    that efforts have been made on my -- on behalf of Mr. Lukic.

25    Unfortunately, we were waiting for him to come here.  Now that he is here,

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 1    perhaps there may be a different approach taken by the Prosecution.  I

 2    think perhaps they were waiting, thinking that the Argentinian court would

 3    not reach the conclusion they did reach, which is why they were reluctant

 4    but I can't speculate.  I haven't had the opportunity to meet with

 5    anybody.

 6            JUDGE BONOMY:  You've given me enough information to decide which

 7    option to take, though, and I'm grateful for that.  So I think I'll follow

 8    Mr. -- Yes, I think I'll follow the course that you originally suggested,

 9    Mr. Harmon, and that is leave it to you to file to revive this issue.  But

10    that's on the clear understanding that Mr. Karnavas has indicated that he

11    will be speaking to you and, therefore, I'm anticipating he will do that

12    within the next couple of weeks or so, because I really don't want this

13    issue, if it has to be dealt with, to lie dormant for any significant

14    length of time.  If we really are to address the issue of amending the

15    indictment, we should do it fairly soon.  So can I take it you will speak

16    to the Prosecution within that sort of time scale and allow them to

17    suspend -- they will suspend their action while you do that.

18            MR. KARNAVAS:  I'm prepared to speak with him right after this

19    hearing.

20            JUDGE BONOMY:  That's excellent.  Thank you very much.  So I'll

21    leave it to you to put in the appropriate motion or filing, Mr. Harmon,

22    once you're satisfied that it's necessary.

23            MR. HARMON:  Yes, Your Honour.  We'll be doing that next week.  In

24    respect of the question of who represents Mr. Lukic, I am -- received a

25    copy of a decision from the Deputy Registrar.  I'm not sure if the Court

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 1    has a copy of that.  It deals directly with the issue of counsel and the

 2    decision.  It states that Mr. Karnavas will represent Mr. Lukic at his

 3    initial appearance and at such other matters as may be necessary until

 4    permanent counsel is assigned, effective as of the date of this decision.

 5    So obviously discussions with us are -- we're happy to engage in those

 6    discussions now, but they will be fruitful with permanent counsel as

 7    opposed to counsel that may not be permanent counsel, so I bring that Your

 8    Honour's attention.

 9            JUDGE BONOMY:  It sounds as though Mr. Karnavas is going to apply

10    his ingenuity to remaining permanent counsel in the case.

11            MR. HARMON:  No doubt, Your Honour.

12            MR. KARNAVAS:  And just might I add that my willingness, and I

13    wouldn't say eagerness, but my willingness to meet with the Prosecution is

14    with the full authority and blessing of Mr. Lukic.

15            JUDGE BONOMY:  Yes.  Thank you very much.  Well, it may be that

16    that's an answer to the question, but I'll leave these matters to counsel

17    to resolve.

18            I don't think it appropriate to do anything.  In fact, it may be

19    out of my power anyway to do anything to suspend the period for filing

20    preliminary motions.  If you have any to make, then you've got 30 days to

21    make them.

22            Now, is there anything else I ought to deal with, Mr. Harmon?

23            MR. HARMON:  No, Your Honour.  Thank you.

24            JUDGE BONOMY:  So far as the accused is concerned, Mr. Karnavas,

25    are you satisfied that he is being properly cared for in the Detention

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 1    Unit?

 2            MR. KARNAVAS:  Yes.

 3            JUDGE BONOMY:  Is there anything else you think I ought to deal

 4    with?

 5            MR. KARNAVAS:  Nothing, Your Honour.

 6            JUDGE BONOMY:  Very well.  Thank you.  That concludes today's

 7    business.  Mr. Lukic, the proceedings are now adjourned and you will

 8    remain in the custody of the Tribunal.

 9                          --- Whereupon the Initial Appearance adjourned

10                          at 3.29 p.m.

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