<div align="left">Delalic & others Case n° IT-96-21-T 18 June 1996</div>
Case No. IT-96-21-T

Tuesday, 18th June 1996


(The Presiding Judge)




MR. ERIC OSTBERG and MISS ELLES VAN DUSSCHOTEN appeared on behalf of the Prosecution

MR. SALIH KARABDIC appeared on behalf of the accused Delic

(Open Session)

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1   THE REGISTRAR: Case IT-96-21-T, Prosecutor of the Tribunal against Hazim Delic.

2   THE PRESIDING JUDGE: Good morning. I would first like to verify that the technical

3   equipment we are using is operative. Therefore, can everyone who is using earphones in

4   the courtroom hear me in a language he understands? Mr. Delic, can you hear me in a

5   language you understand, sir?

6   THE ACCUSED DELIC [Original in Mother Tongue]: Yes.

7   THE PRESIDING JUDGE: This is the initial appearance of the accused pursuant to Rule 62

8   of the Tribunal's Rules of Procedure and Evidence. May I have appearances for the

9   Prosecutor, please?

10   MR. OSTBERG: Good morning. I am Eric Ostberg. I appear today with my legal assistant,

11   Miss Elles Van Dusschoten.

12   THE PRESIDING JUDGE: Who will be appearing on behalf of the accused, Mr. Karabdic?

13   MR. KARABDIC [Original in Mother Tongue]: Salih Karabdic, an attorney from Sarajevo. I

14   am an attorney for the accused, Mr. Delic.

15   THE PRESIDING JUDGE: Thank you, Mr. Karabdic. You may be seated. Are there any

16   additional appearances? This Rule 61, this Rule 62 procedure, pursuant to an order of the

17   Tribunal, is being recorded and it is released to the broadcast media. Does any party have

18   any objection to this procedure, Mr. Ostberg?

19   MR. OSTBERG: No objection, your Honour.

20   THE PRESIDING JUDGE: Mr. Karabdic? Are you hearing me, sir?

21   MR. KARABDIC: Yes, I can hear you.

22   THE PRESIDING JUDGE: Mr. Karabdic, would you please stand and, as I indicated, the

23   microphone.

24   MR. KARABDIC: I can hear you.

25   THE PRESIDING JUDGE: One of the most difficult aspects of this courtroom is getting used

26   to all of the technical equipment that we have. So your microphone has to be turned on

27   when you are speaking and then when you have finished, turn it off. So you have no

28   objection to this procedure, is that correct, sir?

29   MR. KARABDIC: No.

30   THE PRESIDING JUDGE: Thank you. Is the Prosecutor ready to proceed?

31   MR. OSTBERG: Yes, your Honour.

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1   THE PRESIDING JUDGE: Is the Defence ready to proceed?

2   MR. KARABDIC: Yes.

3   THE PRESIDING JUDGE: Mr. Karabdic -- you may remain standing -- has Mr. Hazim Delic

4   received a copy of the indictment?

5   MR. KARABDIC: Mr. Delic has received a copy of the indictment, has read it and has

6   discussed it with me and he understood the indictment.

7   THE PRESIDING JUDGE: Thank you, sir. In your opinion, does Mr. Delic understand the

8   nature of the charges against him contained in the indictment?

9   MR. KARABDIC: In my opinion, Mr. Delic understands why he is indicted and he

10   understands the nature of the accusations contained in the indictment.

11   THE PRESIDING JUDGE: Mr. Karabdic, is Mr. Delic ready to proceed with the reading of

12   the indictment for the purposes of an entry of a plea?

13   MR. KARABDIC: Yes, Mr. Delic is ready to enter a plea.

14   THE PRESIDING JUDGE: Let me ask the Prosecutor to identify the counts in the indictment

15   in which Mr. Delic is charged and before you read the specific counts, Mr. Karabdic, may I

16   ask you whether Mr. Delic is agreeable to entering a plea to the indictment to those counts

17   in which he is alleged to have committed crimes without the full indictment being read? In

18   other words, will he waive the reading of the full indictment before he enters a plea?

19   MR. KARABDIC: Mr. Delic has read the indictment and understood it and he waives the

20   right to have the indictment read to him. He thinks that it is not necessary to have the

21   indictment read to him and he waives the right to have it read to him, because he thinks it is

22   unnecessary and the proceedings can continue without that.

23   THE PRESIDING JUDGE: Very good. Then the Prosecutor will not read the indictment in

24   its entirety. However, Mr. Ostberg, will you identify the counts in the indictment to

25   which you wish to have Mr. Delic enter a plea?

26   MR. OSTBERG: Yes, your Honour. These counts are counts 1 and 2, counts 3 and 4, counts

27   5 and 6, counts 11 and 12, counts 13 and 14, and in that connection, your Honour, I

28   would like to give information to Mr. Delic and his Defence lawyer. We entered an

29   amendment in counts 13 and 14 in the introductory paragraph, and that was entered in

30   connection with the hearing of Mr. Delalic. In the middle of the paragraph, the 12th line, it

31   says, "17 to 22", it should read "16 to 21". We already made that amendment then and we

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1   also entered a correct page. I make this announcement now to the defendant. Again, it is

2   counts 13 and 14 also pertaining to Mr. Delic and counts 15 to 17, counts 18 to 20, counts

3   21 to 23, counts 24 to 26, counts 27 to 29, counts 33 to 35, counts 38 to 39, counts 40 and

4   41, counts 42 and 43, counts 44 and 45, counts 46 and 47, count 48 and finally count 49.

5   Thank you, your Honour.

6   THE PRESIDING JUDGE: Thank you, Mr. Ostberg. Mr. Delic, would you please stand?

7   For the record, Mr. Delic, would you state your full name?

8   THE ACCUSED DELIC: Hazim Delic.

9   THE PRESIDING JUDGE: What is your date of birth, sir?

10   THE ACCUSED DELIC: May 14th 1960.

11   THE PRESIDING JUDGE: May 14th 1960?


13   THE PRESIDING JUDGE: Have you ever been known by a nickname, Mr. Delic?


15   THE PRESIDING JUDGE: Are you ready to enter a plea to the indictment?


17   THE PRESIDING JUDGE: I have asked your attorney Mr. Karabdic, if you have either read

18   the indictment or had it read to you in a language that you understand and he has

19   answered that you have; is that correct?


21   THE PRESIDING JUDGE: Do you understand the nature of the charges pending against you

22   in the indictment?


24   THE PRESIDING JUDGE: You have heard the Prosecutor identify the counts in the

25   indictment to which you are charged. How do you plead to those counts, guilty or not

26   guilty?

27   THE ACCUSED DELIC: Not guilty on any count of the indictment.

28   THE PRESIDING JUDGE: Thank you very much. You may be seated, Mr. Delic. Are there

29   any preliminary matters that need to be discussed with the Trial Chamber at this time, Mr.

30   Ostberg?

31   MR. OSTBERG: Not from our side, your Honour.

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1   THE PRESIDING JUDGE: Mr. Karabdic, are there any preliminary matters that you would

2   like to discuss at this time with the Trial Chamber? We intend, sir, to set a status

3   conference, that is a time when the Trial Chamber will be able to meet with counsel and

4   Mr. Delic, to discuss any preliminary motions that you plan to file as well as to set a date

5   for trial, but if there are matters you would like to raise at this time, you may do so.

6   MR. KARABDIC: I would have to say that I do not agree with the basic information

7   contained in the indictment under count 2. Muslims and Croats did not attack the Serbs.

8   This was an act undertaken by the regular unit of the army of Bosnia and Herzegovina that

9   was liberating Konjic from the blockade which has been maintained by Serbia and

10   Montenegro together with JNA and together with the units of the Serbian Democratic

11   Party. This is just for the beginning.

12   THE PRESIDING JUDGE: Thank you, sir. The Trial Chamber will set a status conference

13   for July 22nd 1996 at 10 a.m.. At that time the Trial Chamber will discuss with counsel

14   their intention to file any pretrial motions that we should consider and at that time, also on

15   July 22nd 1996, we will endeavour to set a date for trial. Are there any additional matters

16   that need to be brought to the attention of the Trial Chamber at this time?

17   MR. OSTBERG: No, your Honour.

18   THE PRESIDING JUDGE: There are no further matters, then the Chamber is adjourned.

align19   (The hearing was adjourned)