Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Tuesday, 15 April 2003

2 [Open session]

3 [Initial Appearance]

4 [The accused entered court]

5 --- Upon commencing at 3 p.m.

6 JUDGE KWON: Good afternoon everybody. Would the Registrar please

7 call the case.

8 THE REGISTRAR: Good afternoon, Your Honour. Case number

9 IT-03-68-I, the Prosecutor versus Naser Oric.

10 JUDGE KWON: Thank you. May I ask for the appearances, please.

11 MR. WITHOPF: Good afternoon, Your Honour. Good afternoon,

12 counsel. For the Prosecution appear Ms. Marie Tuma, trial attorney; Ms.

13 Kimberly Fleming, trial support; and I Ekkehard Withopf, acting senior

14 trial attorney.

15 JUDGE KWON: Thank you. For the Defence, please.

16 MS. VIDOVIC: Good afternoon, Your Honour. My name is Vasvega

17 Vidovic, I'm Defence counsel for Mr. Naser Oric.

18 JUDGE KWON: Yes, thank you, Ms. Vidovic. Mr. Oric, will you

19 please stand up. Do you hear the proceedings in a language you can

20 understand?

21 THE ACCUSED: [Interpretation] Yes, I do, and I understand.

22 JUDGE KWON: For the record and identification, would you please

23 state your full name.

24 THE ACCUSED: [Interpretation] My name is Naser Oric.

25 JUDGE KWON: Would you please also state your father and mother's

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1 name.

2 THE ACCUSED: [Interpretation] My father's name is Dzemal and my

3 mother's name Hata.

4 JUDGE KWON: Thank you. And what are the date and place of your

5 birth?

6 THE ACCUSED: [Interpretation] The 3rd of March, 1967, the village

7 of Potocari, municipality of Srebrenica.

8 JUDGE KWON: Thank you. You may sit down.

9 THE ACCUSED: [Interpretation] Thank you.

10 JUDGE KWON: The indictment against the accused Mr. Oric was

11 reviewed and confirmed by another permanent Judge of this Tribunal on the

12 28th of March, 2003, with the arrest warrant issued on the same day. The

13 accused was arrested on 10th of April, 2003, in Tuzla, Bosnia and

14 Herzegovina, and transferred to the Detention Unit of this Tribunal on the

15 next day.

16 Upon the transfer of the accused, the President of the Tribunal

17 assigned this case to Trial Chamber III and, as one of its judges, I

18 have been designated as the Pre-Trial Judge. Today's proceeding is the

19 initial appearance of the accused, pursuant to Rule 62 of our Rules of

20 Procedure and Evidence.

21 The first thing I have to do is to satisfy myself that the accused

22 understands the indictment. Ms. Vidovic, did the accused receive the

23 indictment?

24 MS. VIDOVIC: Yes, Your Honour, he received the indictment.

25 JUDGE KWON: In a language he can understand?

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1 MS. VIDOVIC: In a language he understands.

2 JUDGE KWON: Thank you. It is the right of the accused to have

3 the indictment read out in full in a language he speaks and understands.

4 Ms. Vidovic, does your client wish to have the indictment read out?

5 MS. VIDOVIC: My client understood the indictment and he

6 understood the indictment and he confirms it is not necessary to read it

7 today again.

8 JUDGE KWON: Very well, thank you. Then the next step is then --

9 is a plea to the charges of the indictment. The accused may enter a plea

10 within 30 days of the initial appearance, but he may plead -- he may enter

11 a plea today if he so wishes. Ms. Vidovic, what is your client's

12 intention? Does your client wish to enter a plea today or do it later?

13 MS. VIDOVIC: He wants to plea today. To plead.

14 JUDGE KWON: Very well. Mr. Oric, I will ask the Madam Registrar

15 to put each count of the indictment to you. Then please enter your plea

16 to each count and please confine your answer to either "guilty" or "not

17 guilty."

18 Madam Registrar, could you put each count to the accused.

19 THE REGISTRAR: Yes, Your Honour.

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

21 punishable under Articles 3 and 7(3) of the Statute of the Tribunal and

22 recognised by Article 3(1)(a) of the Geneva Conventions.

23 JUDGE KWON: Mr. Oric, how do you plead to that count 1?

24 THE ACCUSED: [Interpretation] Your Honour, not guilty.

25 JUDGE KWON: And count 2, please.

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1 THE REGISTRAR: Count 2: Cruel treatment, a violation of the laws

2 or customs of war, punishable under Articles 3 and 7(3) of the Statute of

3 the Tribunal and recognised by Article 3(1)(a) of the Geneva Conventions.

4 JUDGE KWON: How do you plead to count 2, Mr. Oric?

5 THE ACCUSED: [Interpretation] Your Honour, sirs, not guilty.

6 JUDGE KWON: Thank you. And count 3.

7 THE REGISTRAR: Count 3: Wanton destruction of cities, towns or

8 villages, not justified by military necessity, a violation of the laws or

9 customs of war, punishable under Articles 3(b) and 7(3) of the Statute of

10 the Tribunal.

11 JUDGE KWON: Thank you. How do you plead to count 3?

12 THE ACCUSED: [Interpretation] Your Honours, sirs, not guilty.

13 JUDGE KWON: Yes. Count 4.

14 THE REGISTRAR: Count 4: Plunder of public or private property, a

15 violation of the laws or customs of war, punishable under Articles 3(e)

16 and 7(3) of the Statute of the Tribunal.

17 JUDGE KWON: Yes, Mr. Oric, how would you plead to that?

18 THE ACCUSED: [Interpretation] Your Honour, sirs, not guilty.

19 JUDGE KWON: And our final count.

20 THE REGISTRAR: Count 5.

21 JUDGE KWON: I'm sorry, I was mistaken -- yes, count 5.

22 THE REGISTRAR: Count 5: Wanton destruction of cities, towns or

23 villages, not justified by military necessity, a violation of the laws or

24 customs of war, punishable under Articles 3(b) and 7(1) of the Statute of

25 the Tribunal.

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1 JUDGE KWON: Yes, Mr. Oric, what is your plea to count 5?

2 THE ACCUSED: [Interpretation] Your Honour, sirs, not guilty.

3 JUDGE KWON: Thank you. And count 6, please.

4 THE REGISTRAR: Count 6: Plunder of public or private property, a

5 violation of the laws or customs of war, punishable under Articles 3(e)

6 and 7(1) of the Statute of the Tribunal.

7 JUDGE KWON: Yes, Mr. Oric, what is your plea?

8 THE ACCUSED: [Interpretation] Your Honour, sirs, not guilty.

9 JUDGE KWON: Thank you. You may sit down.

10 THE ACCUSED: [Interpretation] Thank you.

11 JUDGE KWON: Very well, this concludes the first part, major part

12 of our today's proceeding. Then I must now remind the Prosecution that

13 pursuant to Rule 60(A)(i), to make available within 30 days to the Defence

14 in a language that the accused understands all the supporting material

15 which accompanied the indictment when the confirmation has been sought.

16 Also, all prior statements obtained by the Prosecution from the accused

17 must be disclosed as well.

18 And also, let me now turn to the Defence and also tell the Defence

19 that it will have a 30-day period for filing any preliminary motions that

20 it may care to do, once it has received all the supporting materials, in

21 accordance with Rule 66 of the Rules of Procedure and Evidence.

22 Having said that, I'd like to ask the parties whether there is --

23 there are any matters they wish to raise at this moment.

24 MR. WITHOPF: Your Honour, from the side of the Prosecution, there

25 is no further observation to be made. The Prosecution is well aware of

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1 its disclosure obligations and will comply with the Rules.

2 JUDGE KWON: Thank you. And for the Defence?

3 MS. VIDOVIC: No, Your Honour, we have nothing to say now. We

4 have no question to raise now. Thank you.

5 JUDGE KWON: Mr. Oric, is there anything you would like to raise

6 at this moment, in particular in regarding your arrest or anything else?

7 THE ACCUSED: [Interpretation] Your Honour, sirs, I don't have

8 anything to say.

9 JUDGE KWON: Very well. Please sit down.

10 According to Rule 65 ter, the Pre-Trial Judge may be assisted

11 in the performance of his duties by one of the Senior Legal Officers

12 assigned to the Chambers. Unfortunately, she is not with us today but I

13 would like her to recommend to arrange a conference with the parties in

14 order to discuss matters relating to the preparation of trial and the

15 establishment of a work plan for it, and the parties will be informed.

16 And then I would like that conference to be held before the Status

17 Conference which is to take place in 120 days' time from now.

18 Unless there is anything, the proceeding is adjourned.

19 --- Whereupon the Initial Appearance adjourned

20 at 3.12 p.m.

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