Tribunal Criminal Tribunal for the Former Yugoslavia

Page 37

1 Thursday, 26th February 1998

2 (2.30 pm)

3 (Initial Appearance)

4 JUDGE JORDA: Please, Mr Registrar, can you

5 bring in the accused?

6 (The accused entered court)

7 Registrar, would you please tell us the case

8 number for this afternoon?

9 THE REGISTRAR: This is IT-95-9I.

10 JUDGE JORDA: Thank you. First I would like

11 to turn to the Prosecution to ask who is representing

12 the Prosecutor for the International Tribunal.

13 MS PATERSON: Yes, Mr President. My name is

14 Nancy Paterson and I am representing the Prosecution.

15 JUDGE JORDA: Thank you, I would like to know

16 who are the Defence representatives.

17 MR PANTELIC: Good afternoon, your Honour,

18 I am Mr Pantelic, Defence counsel on behalf of Mr Simo

19 Zaric. I am acting also with my colleague with

20 Mr Borislav Pisarevic. I hope personally that it is

21 the last time I will appear in this case. Thank you.

22 JUDGE JORDA: You are intending never to set

23 foot in this Tribunal again; is that right?

24 MR PANTELIC: As you know, we have some

25 procedural difficulties.

Page 38

1 JUDGE JORDA: I see, you frightened me for a

2 moment there, frightened me, Mr Pantelic.

3 Yes, thank you. I would like to turn to the

4 accused now.

5 Mr Pisarevic, since Mr Pantelic monopolised

6 the Defence I was waiting for you now to tell us what

7 your name and first name are, as well as what bar you

8 are a member of.

9 MR PISAREVIC: I am Mr Pisarevic, attorney

10 from Samac, a member of the bar association of the

11 Republika Srpska. I would like to request something

12 of the President, I have a suggestion.

13 JUDGE JORDA: He is the one who plays a very

14 important role in our proceedings. Unless we are

15 talking about a motion which is really a preliminary

16 motion. I want the accused to introduce himself.

17 First, I did ask the Prosecutor the question

18 and then to ask who you are. First I would ask the

19 accused also to give his name and identity; do you

20 agree?

21 MR PISAREVIC: I agree with you.

22 JUDGE JORDA: We will ask the accused to

23 stand. Turning to the accused, state for the judges

24 your name, your given names, the date and place of your

25 birth, your profession and your last domicile.

Page 39

1 MR ZARIC: I am Simo Zaric, born 25th July

2 1948, in the village of Donjac in the Odzak

3 municipality in Bosnia and Herzegovina. I am an

4 economist, I am retired, currently reside in Samac,

5 Saradusinja Street, number 62.

6 JUDGE JORDA: Thank you.

7 Whilst you are standing, who is your

8 attorney? You have two attorneys in front of you,

9 I would like to know, since Mr Pantelic is already

10 working in this case, which might give rise to

11 a conflict of interest, who is the attorney who has

12 been given to you? Do you understand my question?

13 MR ZARIC: Yes. I am going to be

14 represented, if there are no problems with that, by the

15 counsel, Igor Pantelic and Mr Pisarevic. We will

16 submit our Defence team names to the Registry during

17 the day today.

18 JUDGE JORDA: Thank you. You may be seated.

19 Mr Pantelic, let us be clear here. You are

20 the Defence counsel today under what auspices.

21 MR PANTELIC: We have some technical

22 questions, as we saw in the previous cases, I mean the

23 previous co-accused in this particular case, and we

24 filed -- we have filed yesterday our power of attorney

25 which signed by Mr Zaric since 1996. This afternoon,

Page 40

1 Mr Zaric will make his own choice on the list of the

2 Defence counsels, the Tribunal, and the Registry will

3 properly inform you about his decision. So, having in

4 mind this previous experiences in the other cases, my

5 distinguished colleague Mr Pisarevic and me, we are

6 acting just here for this particular initial appearance

7 of our client. Thank you.

8 JUDGE JORDA: Very well. Thank you. This

9 seems clear. So you are the Defence counsel for

10 today. There is no conflict of interests. As to the

11 Defence attorneys for the accused, his fundamental

12 rights have been respected during this initial

13 hearing. We would like, later on, to ask Mr Zaric to

14 let us know who will be assisting him. You can now sit

15 down, Mr Pantelic.

16 For the public, since this is a public

17 hearing, I would like to recall the relevant provisions

18 of the Statute and of the Rules of Procedure to let us

19 know what they are. If the Registrar does not have

20 them in front of him, I will read them from him. But

21 since we have the Registrar with us, I would like you

22 to read Article 20 of the Statute, 21(4)(a). You do

23 not have the Statute? We will share the work. Very

24 well. I want this to be very clear, starting with

25 Article 20 of the Statute and 21(4)(a) of the Statute

Page 41

1 and then 62 in the Rules of -- governing the initial

2 appearance of the accused.

3 This relates to all of the elements of this

4 trial. We will ask you to read them even though some

5 of the text may be familiar to everybody.

6 THE REGISTRAR: Article 20 of the Statute.

7 Commencement and conduct of trial proceedings.

8 1. The Trial Chambers shall ensure that a

9 trial is fair and expeditious --

10 JUDGE JORDA: Only paragraph 3, please.

11 THE REGISTRAR: Paragraph 3:

12 The Trial Chamber shall read the indictment,

13 satisfy itself that the rights of the accused are

14 respected, confirm that the accused understands the

15 indictment and instruct the accused to enter a plea.

16 JUDGE JORDA: Now, 21(4)(a), please.

17 THE REGISTRAR: (4)(a).

18 All persons must be -- in determining if any

19 charge against the accused in pursuance of the present

20 Statute the accused shall be entitled to the following

21 minimum guarantees and full equality:

22 (a) to be informed promptly and in detail, in

23 a language which he understands, of the nature and

24 cause of the charge against him.

25 JUDGE JORDA: Very well, these Articles of

Page 42

1 the Statute, are found in the Statute, have now be

2 read. Please do not be seated, we have not yet

3 finished. Now let us look at the provisions of the

4 Rules adopted by the judges of this Tribunal. Rule 62,

5 the initial appearance of the accused, which is what

6 this is, that is the initial hearing. Rule 62, please,

7 the initial appearance of the accused.

8 THE REGISTRAR: Upon his transfer to the seat

9 of the Tribunal, the accused shall be brought before

10 a Trial Chamber without delay and shall be formally

11 charged. The Trial Chamber shall:

12 (i) satisfy itself that the right of the

13 accused to counsel is respected;

14 (ii) read or have the indictment read to the

15 accused in a language he speaks and understands, and

16 satisfy itself that the accused understands the

17 indictment;

18 (iii) call upon the accused to enter a plea

19 of guilty or not guilty on each count; should the

20 accused fail to do so, enter a plea of not guilty on

21 his behalf;

22 (iv) in case of a plea of not guilty,

23 instruct the Registrar to set a date for trial;

24 (v) in case of a plea of guilty, instruct the

25 Registrar to set a date for the pre-sentencing hearing;

Page 43

1 (vi) instruct the Registrar to set such other

2 dates as appropriate.

3 JUDGE JORDA: Thank you, Mr Registrar.

4 Having done this I would like to turn to the accused

5 once again and ask him to rise.

6 Please rise, Mr Zaric. Was this indictment

7 given to you at the time you were arrested? When you

8 were arrested? How were you arrested, did you

9 surrender. Please state it to us, very succinctly.

10 MR ZARIC: I received the indictment and

11 I voluntarily surrendered in Bosanski Samac to the

12 authorities of the Republika Srpska, and then I was

13 transferred, together the representatives of the

14 American Embassy to the American SFOR. Then it was

15 from there to Tuzla and from Tuzla to The Hague. That

16 is the briefest.

17 JUDGE JORDA: Therefore you were given the

18 indictment at the time you surrendered and, having said

19 this, even though you have understood its context and

20 for things to be very clear, I am going to ask you to

21 be seated and ask the Registrar to read the entire

22 indictment as to its general provisions, then more

23 specifically those that involve you.

24 I say this for the public gallery; the

25 indictment had originally six names in it and I think

Page 44

1 three of these names have been arrested or have

2 surrendered; is that right?

3 THE REGISTRAR: Yes, that is correct.

4 JUDGE JORDA: The two who appeared last week

5 and today, Mr Simo Zaric, known as Solaja.

6 Mr Registrar, would you read the indictment

7 in its entirety as to its general provisions,

8 concerning the six people named in it, then the counts

9 that relate only to Mr Simo Zaric? We are ready to

10 hear you read. The accused will hear you once again.

11 THE REGISTRAR: The Prosecutor of the

12 Tribunal against Miljkovic, also known as Lugar;

13 Blagoje Simic; Milan Simic; Miroslav Tadic, also known

14 as Miro Brko; Stevan Todorovic, also know as Stiv, also

15 known as Stevo, also known as Monstrum; Simo Zaric,

16 also known as Solaja.

17 Indictment:

18 Richard Goldstone, Prosecutor of the

19 International Tribunal for the Former Yugoslavia,

20 pursuant to his authority under Article 18 of the

21 Statute of the International Criminal Tribunal for the

22 former Yugoslavia, charges:

23 (1) In 1991, almost 17,000 Bosnian Croats

24 and Muslims, of a total population of about 33,000,

25 lived in the municipality of Bosanski Samac in the

Page 45

1 Republic of Bosnia and Herzegovina. By May 1995, fewer

2 than 300 of the Bosnia Croat and Muslim residents

3 remained.

4 (2) On 17 April 1992, Serb military forces

5 from Bosnia and elsewhere in the former Yugoslavia

6 seized control of the town of Bosanski Samac.

7 (3) Because of its location in the

8 north-western edge of the "Posavina Corridor", control

9 of Bosanski Samac was important to Serb efforts to

10 create a Serb-controlled land bridge between Serbia and

11 the Krajina Serbs in Croatia and western Bosnia and

12 Herzegovina.

13 (4) After seizing control in the military

14 take-over, Serb authorities undertook a campaign of

15 terror designed to force most Bosnian Croat and Muslim

16 residents to leave the area.

17 (5) Beginning on 17 April 1992, Serb

18 military and political authorities co-ordinated and

19 carried out the following actions as part of that

20 campaign of terror:

21 (a) arrested and detained most of the Bosnian

22 Croat and Muslim men in the municipality, particularly

23 the political, economic, professional, academic and

24 civic leaders;

25 (b) established and operated, primarily under

Page 46

1 the authority of the Serb police, detention camps where

2 prisoners were killed, beaten, tortured, sexually

3 assaulted and otherwise mistreated;

4 (c) permitted units of paramilitary soldiers

5 from Serbia to enter the detention camps to kill and

6 beat the prisoners;

7 (d) forced Bosnian Croat and Muslim residents

8 to leave their homes, and permitted Serb residents to

9 move into the vacated homes;

10 (e) expelled, through force or intimidation,

11 Bosnian Croat and Muslim residents of the municipality

12 to other countries and other parts of Bosnia and

13 Herzegovina;

14 (f) required Bosnian Croat and Muslim men,

15 women and children to worked on forced labour projects,

16 such as digging trenches and other work at military

17 confrontation lines;

18 (g) robbed Bosnian Croat and Muslim residents

19 of their cars, cash and valuables, and looted their

20 homes;

21 (h) looted and dismantled equipment and

22 inventories from Bosnian Croat and Muslim businesses;

23 (i) issued orders prohibiting Bosnian Croats

24 and Muslims from congregating in public and requiring

25 Bosnian Croats and Muslims to wear white arm bands to

Page 47

1 identify themselves as non-Serbs;

2 (j) confiscated the bank accounts of many

3 Bosnian Croats and Muslims and blocked the funds in

4 those accounts;

5 (k) mobilised Bosnian Croat and Muslim men

6 into the Bosnian Serb army and sent them to the

7 frontlines;

8 (l) created such an atmosphere of fear and

9 oppression among the non-Serb population that most

10 Bosnian Croat and Muslim residents fled the area.

11 The accused:

12 6 --

13 JUDGE JORDA: Accused in the plural.

14 THE REGISTRAR: The accused.

15 6. Slobodan Miljkovic, also known as Lugar,

16 born in 1953, from Kragujevac, Serbia, was the deputy

17 commander of the 2nd Posavina Brigade, also known as

18 the "Grey Wolves", a paramilitary unit from Serbia.

19 7. Blagoje Simic, born in 1960, is a medical

20 physician from Kruskovo Polje, Bosanski Samac

21 municipality, who is the president of the Serbian

22 Democratic Party (SDS) in Bosanski Samac and was

23 vice-chairman of the town assembly from 1991 through 17

24 April 1992. From 4 November 1991 through at least 30

25 November 1992, Blagoje Simic was the deputy of the

Page 48

1 assembly of the self-declared "Serb Autonomous Region

2 of Northern Bosnia", later called the "Serb autonomous

3 province of Semberija and Majevica", of the, "Serb

4 Republic of Bosnia and Herzegovina". In March 1992,

5 Blagoje Simic declared himself head of the "Serb

6 Municipality Bosanski Samac". After the military

7 take-over of Bosanski Samac on 17 April 1992, Blagoje

8 Simic became chairman of the Bosanski Samac Assembly,

9 chairman of the local SDS Crisis Staff and president of

10 the Wartime Presidency.

11 8. Milan Simic, born in 1958, a cousin of

12 Blagoje Simic, trained as an economist, was a member of

13 the Fourth Detachment, and after 17 April 1992 became

14 chairman of the Executive Board of the Bosanski Samac

15 Assembly.

16 9. Miroslav Tadic, also known as Miro Brko,

17 born in 1937, from Odzak municipality, formerly

18 a teacher, ran the cafe "AS" in Bosanski Samac and

19 served as Simo Zaric's deputy in connection with the

20 Fourth Attachment. After 17 April 1992, Miroslav Tadic

21 became chairman of the Bosanski Samac "exchange

22 commission".

23 10. Stevan Todorovic, also known as Stiv,

24 Stevo or Monstrum, born in 1957, from Donja Slatina,

25 Bosanski Samac municipality, was appointed chief of

Page 49

1 police for Bosanski Samac after the 17 April 1992,

2 military take-over. Before then, Stevan Todorovic was

3 an executive in an bamboo furniture factory.

4 11. Simo Zaric, also known as Solaja, born

5 25 July 1948, from Donja Dubica, Odzak municipality,

6 was a former police chief of Bosanski Samac and State

7 Security Service (SDB) agent who, from 1 January 1992

8 through at least 31 August 1992, organised and

9 supervised a Serb Territorial Defence unit known at

10 first as the Fourth Attachment and later remained the

11 Fifth Battalion of the Second Posavina Brigade.

12 General allegations;

13 12. Unless otherwise set forth below, all

14 acts and omissions alleged in this indictment took

15 place between about 17th April and 20th November 1992

16 in Bosanski Samac municipality in the republic Bosnia

17 and Herzegovina in the territory of the

18 Former Yugoslavia.

19 13. At all times relevant to this

20 indictment, a state of armed conflict and partial

21 occupation existed in the Republic of Bosnian and

22 Herzegovina.

23 14. At all times relevant to this

24 indictment, all persons described in this indictment as

25 victims were protected by the Geneva Conventions of

Page 50

1 1949.

2 15. At all times relevant to this

3 indictment, all of the accused in this indictment were

4 required to abide by the laws and customs governing the

5 conduct of war, including the Geneva Conventions of

6 1949.

7 16. In each paragraph of this indictment

8 charging torture, the acts were committed by, or at the

9 instigation of, or with the consent or acquiescence of,

10 an official or person acting in an official capacity,

11 and for one or more of the following purposes: to

12 obtain information or a confession from the victim or a

13 third person; to punish the victim for an act, the

14 victim or a third person committed or was suspected of

15 having committed; to intimidate or coerce the victim or

16 a third person; and/or for any reason based upon

17 discrimination of any kind.

18 17. All acts and omissions charged as crimes

19 against humanity were part of a widespread, systematic

20 or large-scale attack against the Croat and Muslim

21 residents of the municipality of Bosanski Samac.

22 18. Each of the accused is individually

23 responsible for the crimes alleged against him in this

24 indictment, pursuant to Article 7(1) of the Tribunal

25 Statute. Individual criminal liability includes

Page 51

1 committing, planning, initiating, ordering or aiding

2 and abetting in the planning, preparation or execution

3 of any crime referred to in Articles 2 to 5 of the

4 Tribunal Statute.

5 19. Paragraphs 12 through 18 are realleged

6 and incorporated into each of the charges set forth

7 below.

8 Charges: Counts 1 to 2:

9 Deportation and transfer:

10 20. From about 17 April 1992 through at

11 least 4 September 1992, Simo Zaric and Miroslav Tadic

12 participated in the planning of, and preparation for,

13 the unlawful deportation and forcible transfer of

14 hundreds of Bosnia Croat and Muslim residents,

15 including women, children and the elderly, from their

16 homes in the Bosanski Samac municipality to other

17 countries or to the other parts of the Republic of

18 Bosnia and Herzegovina not controlled by Serb forces.

19 By these actions Simo Zaric and Miroslav Tadic planned,

20 instigated, ordered or committed:

21 Count 1: A grave breach of the

22 Geneva Conventions of 1949 (hereafter grave breach)

23 recognised by Article 2(g) (unlawful deportation or

24 transfer) of the Tribunal Statute;

25 Count 2: A crime against humanity recognised

Page 52

1 by Article 5(d) (deportation) of the Tribunal Statute.

2 Signed by Richard J Goldstone, Prosecutor.

3 The indictment was confirmed on 21 July 1995

4 by Judge Vohrah.

5 JUDGE JORDA: Mr Zaric, would you please

6 rise?

7 You heard the indictment which, as you

8 already said, was given to you. You heard it in your

9 own language and you understood its contents; is that

10 not right.

11 MR ZARIC: Yes.

12 JUDGE JORDA: I must now ask you whether you

13 plead guilty or not guilty to each of the counts.

14 The Registrar will state that you have been

15 accused of two counts, counts 1 and 2. After each of

16 them I will ask you if you plead guilty or not guilty.

17 I am not asking you whether you feel guilty or whether

18 you feel responsible, but merely whether you are

19 pleading guilty, whether -- to the charge of having --

20 that, as you have been told, that you must plead either

21 guilty or not guilty. That is what you now know.

22 I ask the Registrar to rise again and read

23 count 1.

24 THE REGISTRAR: Count 1: A grave breach of

25 the Geneva Conventions of 1949 (hereafter grave breach)

Page 53

1 recognised by Article 2(g) (unlawful deportation or

2 transfer) of the Tribunal Statute.

3 JUDGE JORDA: Do you plead guilty or not

4 guilty?

5 MR ZARIC: Not guilty.

6 JUDGE JORDA: I did not get the

7 interpretation, the microphone was not on, that is why

8 I did not get it. You plead not guilty. We will ask

9 the interpreter to repeat.

10 MR ZARIC: I plead not guilty because I am

11 not guilty.

12 JUDGE JORDA: Then you have told your Defence

13 counsel that throughout this -- all these proceedings

14 you will plead not guilty, do we agree on that?

15 MR ZARIC: That is correct.

16 JUDGE JORDA: Count 2.

17 THE REGISTRAR: Count 2: a crime against

18 humanity, recognised by Article 5(d) (deportation) of

19 the Tribunal Statute.

20 JUDGE JORDA: Mr Zaric, I am listening to

21 you.

22 MR ZARIC: Not guilty.

23 JUDGE JORDA: Very well. You may be seated.

24 Registrar, I ask you that you note in the

25 minutes of this hearing that the accused has pleaded

Page 54

1 not guilty to each of the charges that were read

2 separately, that is Count 1 and Count 2.

3 Before closing this hearing, we will organise

4 the Trial Chamber's work. Ordinarily we should set the

5 theoretical date for the trial. I will turn to

6 Ms Paterson, who represents the Office of the

7 Prosecutor.

8 First, so I can remind you of the obligations

9 which are yours according to Rule 66, you have already

10 given copies of all -- of the documents that were

11 attached and when did that -- all the supporting

12 material, when was that dated?

13 THE REGISTRAR: The indictment was confirmed

14 on 21st July 1995 by Judge Vohrah.

15 JUDGE JORDA: Which means it could not have

16 been any of the judges here. But I do suppose that

17 there was -- some supporting material has been attached

18 to this indictment. Since then you have taken initial

19 statements of some of the witnesses. All of this must

20 be provided, if it has not just been provided, pursuant

21 to Rule 66 of the Rules. That is to the Defence, to

22 Mr Pisarevic or Mr Pantelic and possibly to their

23 successors.

24 Ms Paterson, do you confirm what I have just

25 said?

Page 55

1 MS PATERSON: Yes, Mr President. I have with

2 me today in the court the confirmation material which

3 I am prepared to give to Mr Pisarevic, as long as we

4 just confirm before I give it to him that the order

5 that this court issued on 17th February 1998,

6 concerning the confidentiality of the confirmation

7 material, as well as all subsequent discovery material,

8 applies to Mr Zaric as well as to the other two

9 defendants who we dealt with on the 17th, Mr Simic and

10 Mr Tadic. Assuming that order of confidentiality

11 applies in this proceeding, I am prepared to turn over

12 the confirmation material today.

13 JUDGE JORDA: You know starting from today we

14 should set the time period after which the 60 days will

15 be counted which will allow the Defence possibly to

16 file any preliminary motions it chooses to do.

17 Do you consider that starting from the date,

18 as from the date of the initial appearance, we can set

19 the date, or have you not completed all of your

20 disclosures?

21 MS PATERSON: We are prepared to hand over

22 all the material that supported the indictment at the

23 time of confirmation. As to any other material that

24 needs to be disclosed to the Defence we are prepared to

25 do that according to the Rules of Procedure. All

Page 56

1 witness statements, for example, will be turned over

2 prior to trial. But at this point, we are prepared

3 only to turn over the confirmation material.

4 JUDGE JORDA: Yes. But you know that the

5 Rules have changed on this point. From now on the

6 60-day period runs once the Prosecutor has given to the

7 Defence all the supporting material which is indicated

8 in Rule 66(A). As we say in my own language, it should

9 not be a case of the serpent chasing its own tail, that

10 is running after you for things. You seem to have

11 a rather broad conception of this, although

12 I understand that we cannot set the 60-day starting

13 point today. But we had this discussion last week at

14 the initial appearance of the two co-accused, that is

15 Mr Simic and Mr Tadic. I am not asking you for

16 a specific date right now, but I would like to recall

17 that the Rule has changed. Before we start the 60-day

18 from the day of the initial appearance, but now it has

19 changed.

20 Do you think that in a relatively -- in

21 a date not too far away, you can say to the Trial

22 Chamber, "yes, from now on we can start counting the

23 time period"; what is your opinion on that?

24 MS PATERSON: Mr President, I believe at the

25 last appearance you set a date of 17th March for a next

Page 57

1 appearance. I believe on that date I can give the

2 court a relatively good idea of when we are prepared to

3 turn over additional discovery material.

4 JUDGE JORDA: Let me turn to the legal

5 officer. On 17th March, will this date be

6 represented?

7 MR FOURMY: theoretically there should be no

8 problems, subject to anything else that might arise.

9 JUDGE JORDA: We have many cases and for the

10 time we have only one courtroom.

11 Attorneys for the Defence, this date of 17th

12 March, is that satisfying to you, Mr Pisarevic?

13 MR PISAREVIC: Yes, it is convenient,

14 Mr President.

15 JUDGE JORDA: 17th March will be the date for

16 a status conference in order to see where we are going

17 forward.

18 The last point I would like to bring up

19 before you, and it should not cause any problems,

20 I suppose that both the accused and the Defence, I do

21 not know this will be a problem for the Prosecution,

22 I think that we -- that we joined the trials of Miro

23 Simic and Miroslav Tadic, who are co-accused in this

24 case. I would like to have the opinion of the Defence

25 counsel? Do you agree that they be joined or there be

Page 58

1 a single trial?

2 MR PISAREVIC: Yes, we agree, your Honour,

3 with that proposal. That is what we had actually

4 expected, thank you.

5 JUDGE JORDA: Now, for the Office of the

6 Prosecutor?

7 MS PATERSON: Yes, Mr President, as things

8 stand today that would be our preference unless

9 circumstances change, at which point we will inform the

10 court accordingly.

11 JUDGE JORDA: Very well. I would first like

12 to consult with my colleagues. (Pause).

13 Very well, my colleagues agree. Therefore,

14 we will join the trials of Simic, Tadic and Zaric.

15 I think we have nothing left to say.

16 However, we would like to turn to the accused

17 so he be given the last word and ask whether he has any

18 additional comments he would like to make, how things

19 are going on, what his detention conditions are like,

20 if he has any statements to make before we adjourn this

21 hearing.

22 Mr Zaric, would you rise, please; unless you

23 have no statement to make, which is also your right.

24 MR ZARIC: I should just like to say a few

25 words, if I may. My decision to come here voluntarily

Page 59

1 before The Hague Tribunal is based on two facts: first,

2 that I feel that I am not guilty, that I am an innocent

3 man.

4 Secondly, because I have every confidence in

5 The Hague Tribunal, that it will fairly and impartially

6 review the allegations contained in my indictment and

7 that it will enable my Defence counsel, my attorneys

8 and myself to prove my innocence.

9 All that I have done as a human being in the

10 50 years of my life will be verified in one way or

11 another before this honourable Trial Chamber in the

12 near future.

13 The indictment in the legal terminology used

14 is rather grave, but I think it can be easily

15 challenged in the case of an honest and honourable man

16 such as Simo Zaric is.

17 All that I wanted to say is based, in the

18 first place, on the fact that sooner or later this

19 honourable Trial Chamber will have the final say and

20 rest assured that then, as today, you will have before

21 you an honourable, proud and honest man.

22 If those are characteristics that should

23 adorn human beings on this planet of ours, then I think

24 that it will not be difficult for the Prosecutors, nor

25 for you as judges, to make your final ruling in my

Page 60

1 case.

2 I just wish to tell the truth and, through

3 the truth, to achieve justice. I hope you will assist

4 me in doing that. Thank you very much.

5 JUDGE JORDA: Thank you very much. The

6 hearing will be adjourned, if there are no other

7 comments. Allow the judges to leave the Trial Chamber

8 first. First I would like to turn to my colleagues,

9 Judge Riad, Judge Rodrigues? There are no other

10 comments. The court stands adjourned.

11 (3.15 pm)

12 (Hearing concluded)