Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Friday, 7 April 2000

2 [Initial Appearance]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 10.02 a.m.

6 JUDGE MAY: Yes. Let the Registrar call the

7 case.

8 THE REGISTRAR: Good morning, Your Honour.

9 Case number IT-00-39-I, the Prosecutor versus Momcilo

10 Krajisnik.

11 JUDGE MAY: The appearances, please.

12 THE INTERPRETER: Microphone, please.

13 MS. DEL PONTE: [Interpretation]

14 Mr. President, the Prosecution is represented by

15 myself, Carla Del Ponte, and by Mr. Nicola Piacente.

16 MR. PANTELIC: Good morning, Your Honour. On

17 behalf of the accused, I'm Defence counsel Igor

18 Pantelic, specially for this Initial Appearance, Rule

19 62.

20 JUDGE MAY: Mr. Pantelic and Madam

21 Prosecutor, I understand that the transcript is being

22 recorded, although it's not appearing on our screens.

23 Provided there is a transcript, that is a sufficient

24 record of the proceedings.

25 Mr. Krajisnik.

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1 THE ACCUSED: [Interpretation] Momcilo

2 Krajisnik, born on the 20th of January, 1945, in

3 Sarajevo.

4 JUDGE MAY: Can you hear the proceedings in a

5 language you can understand?

6 THE ACCUSED: [Interpretation] I can follow.

7 JUDGE MAY: Very well.

8 This is the Initial Appearance of the accused

9 in this case. The hearing is to be conducted in

10 accordance with Rule 62 of the Rules of Procedure and

11 Evidence, and the first matter concerns the indictment

12 and the accused's pleas to it.

13 The accused is charged in an indictment

14 containing nine counts, alleging genocide, crimes

15 against humanity, and breaches of the Geneva

16 Convention.

17 He has the right, Mr. Pantelic, as you know,

18 to have the indictment read out before he pleads to

19 it. That is a right which he may waive. Mr. Pantelic,

20 does your client waive the right or does he want the

21 indictment read out?

22 MR. PANTELIC: Thank you, Your Honour. That

23 was the result of yesterday's and this morning's

24 discussion. In terms of procedural economy and all

25 ongoing trials here and the lack of time for all of us,

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1 he's waiving his right to hear the indictment.

2 Thank you so much.

3 JUDGE MAY: Very well.

4 The next stage is the accused's pleas to the

5 indictment. The Rules provide that the accused must be

6 informed that, within 30 days of today, he will be

7 called on to enter a plea of guilty or not guilty on

8 each count. But should he so request, he may enter his

9 pleas today.

10 So Mr. Pantelic, I have two questions for

11 you: Does the accused understand the indictment and

12 the matters he has to plead to? Secondly, does he wish

13 to enter his pleas today, or are you asking for an

14 adjournment to consider the matter further?

15 MR. PANTELIC: Yes. Thank you, Your Honour.

16 Prior to answering your question, please

17 allow me to bring to your attention, I would say, such

18 kind of technical, procedural matters which might be of

19 significance, maybe of less significance, importance,

20 to the issue of the proceedings according to Rule 62.

21 Briefly, yesterday I was conferring with my

22 client and he was in possession of two copies of the

23 original, genuine indictment and the amended

24 indictment. It was quite strange to see that these two

25 documents are with the same dates; namely, with the

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1 21st of March.

2 When I was in contact with the officials of

3 the Registry, I requested the original indictments in

4 English, the English is authoritative. After a brief

5 review, I saw on page 17 of the original indictment

6 that the last page, signed by my distinguished

7 colleague, Madam Prosecutor Carla Del Ponte, was sent

8 from the court from Arusha. This page is, with the

9 letters and the styles, not in conformity with the

10 other pages of the indictment.

11 What I would like to outline, there is

12 nothing special in these previous proceedings about the

13 amended indictment, in Counts -- Count 9, where, by

14 error or by omission, a reference to Article 7(1) and

15 7(3) was omitted, so the Defence would not like to

16 argue anymore this issue, because there is no practical

17 relevance to this procedure.

18 However, the Defence is obliged to bring to

19 your attention, Your Honour, the fact that two copies

20 of the indictment in the B/C/S language, which is the

21 mother tongue of my client, are practically the same.

22 So at the first glance, we were a little bit confused

23 because we were in possession of two copies of the

24 indictment; first, the initial indictment and then the

25 amended indictment, and practically the same, with the

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1 two same dates, the 21st of March, which is not in

2 accordance with the English version.

3 I would just like to make a record that it is

4 not consistent. As I said, it is nothing substantial,

5 but it is a small error, maybe a typing error, maybe a

6 technical error.

7 In addition --

8 JUDGE MAY: Mr. Pantelic, let me interrupt

9 you. If anything turns on it, it can be looked into in

10 due course. But at the moment, it doesn't seem to be a

11 matter which need hold the Court up.

12 MR. PANTELIC: That was my idea, just to

13 bring to the attention of Your Honour these facts.

14 About the further proceedings, I believe that

15 Mr. Krajisnik will enter a plea today.

16 JUDGE MAY: Very well. Thank you.

17 MR. PANTELIC: Thank you, Your Honour.

18 JUDGE MAY: Mr. Krajisnik, will you stand,

19 please.

20 [The accused stands]

21 JUDGE MAY: You've heard what your counsel

22 said, that you understand the indictment, the matters

23 you have to plea to, and you are prepared to enter a

24 plea of guilty or not guilty on those counts today. Is

25 that correct?

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1 THE ACCUSED: [Interpretation] That is

2 correct. But I would like to ask Your Honours for just

3 one minute, if I may.

4 JUDGE MAY: At this stage, Mr. Krajisnik, we

5 are purely dealing with your pleas to the indictment,

6 and you will be expected to answer guilty or not guilty

7 to each count. Now, unless there's something about

8 that that you want to raise, I propose to put the

9 indictment to you.

10 THE ACCUSED: [Interpretation] I should like

11 to request from the Trial Chamber to allow me a couple

12 of minutes at this hearing to say a few words in my

13 defence.

14 JUDGE MAY: Mr. Krajisnik, as I said, at this

15 stage we're dealing with the indictment and your pleas

16 to it. I'll consider any other matters after that has

17 been dealt with, after we have dealt with the other

18 procedural matters.

19 Now, at this stage, I'm going to put the

20 various counts to you. Confine your answers to

21 "guilty" or "not guilty" on each count.

22 You are charged in an indictment, as I said,

23 with nine counts. Counts 1 to 6 allege offences

24 against Bosnian Muslims and Bosnian Croats, committed

25 between the 1st of July, 1991 and the 31st of December,

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1 1992.

2 Count 1: Genocide, punishable under Articles

3 4(3)(a), and 7(1) and 7(3) of the Statute of the

4 Tribunal.

5 To that count, how do you plead, guilty or

6 not guilty?

7 THE ACCUSED: [Interpretation] Not guilty.

8 JUDGE MAY: Count 2 charges you with

9 complicity in genocide, punishable under Articles

10 4(3)(e), and 7(1) and 7(3) of the Statute.

11 How do you plead, guilty or not guilty?

12 THE ACCUSED: [Interpretation] No, no. Not

13 guilty.

14 JUDGE MAY: Count 3 charges extermination, a

15 crime against humanity, punishable under Articles 5(b),

16 and 7(1) and 7(3) of the Statute of the Tribunal.

17 How do you plead, guilty or not guilty?

18 THE ACCUSED: [Interpretation] Not guilty.

19 JUDGE MAY: Count 4 charges murder, a crime

20 against humanity, punishable under Articles 5(a), and

21 7(1) and 7(3) of the Statute of the Tribunal.

22 How do you plead, guilty or not guilty?

23 THE ACCUSED: [Interpretation] Not guilty.

24 JUDGE MAY: Count 5 alleges murder, a

25 violation of the laws or customs of war, as recognised

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1 by Common Article 3(1)(a) of the Geneva Conventions of

2 1949, punishable under Articles 3, and 7(1) and 7(3) of

3 the Statute of the Tribunal.

4 How do you plead, guilty or not guilty?

5 THE ACCUSED: [Interpretation] Not guilty.

6 JUDGE MAY: Count 6 charges wilful killing, a

7 grave breach of the Geneva Conventions of 1949,

8 punishable under Articles 2(a), and 7(1) and 7(3) of

9 the Statute of the Tribunal.

10 How do you plead, guilty or not guilty?

11 THE ACCUSED: [Interpretation] Not guilty.

12 JUDGE MAY: Count 7 charges you with

13 persecution during the same period.

14 Count 7: Persecutions on political, racial,

15 and religious grounds, a crime against humanity,

16 punishable under Articles 5(h), and 7(1) and 7(3) of

17 the Statute of the Tribunal.

18 How do you plead, guilty or not guilty?

19 THE ACCUSED: [Interpretation] Not guilty.

20 JUDGE MAY: Counts 8 and 9 charge you with

21 deportation and inhumane acts during the same period.

22 Count 8: Deportation, a crime against

23 humanity, punishable under Articles 5(d), and 7(1) and

24 7(3) of the Statute of the Tribunal.

25 How do you plead, guilty or not guilty?

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1 THE ACCUSED: [Interpretation] Not guilty.

2 JUDGE MAY: Count 9: Inhumane acts (forced

3 transfer), a crime against humanity, punishable under

4 Articles 5(i), and 7(1) and 7(3) of the Statute of the

5 Tribunal.

6 How do you plead, guilty or not guilty?

7 THE ACCUSED: [Interpretation] Not guilty.

8 JUDGE MAY: Very well. Those pleas will be

9 recorded. If you would like to take a seat.

10 [The accused sits down]

11 JUDGE MAY: We will move to the next stage of

12 the proceedings concerning disclosure and any other

13 procedural matters which may be relevant.

14 Madam Prosecutor, as you know, the

15 Prosecution are required, within 30 days of today, to

16 provide the Defence with copies of the supporting

17 material for the confirmation in a language which the

18 accused understands. May I take it that that matter is

19 in hand?

20 MS. DEL PONTE: [Interpretation] Yes,

21 Mr. President, that is correct. I can say that we are

22 ready for the disclosure; that is, all the documents

23 are at the disposal of the Defence. We have some

24 documents that are already at the disposal of the

25 Defence but whose translation has still not been

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1 completed into the language of the accused. But this

2 will be done in the next few days. And I would

3 suggest, Mr. President, that the Defence can, already

4 today, gain possession of all the documents, and we

5 will provide the translation of the few other documents

6 that remain in the next week or so.<