Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 24 August 2011

 2                           [Further Appearance]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 3.02 p.m.

 6             JUDGE DELVOIE:  Could the Registrar call the case, please.

 7             THE REGISTRAR:  Good afternoon, Your Honour.

 8             This is case IT-04-75-I, the Prosecutor versus Goran Hadzic.

 9             JUDGE DELVOIE:  Good afternoon to everybody in and around the

10     courtroom.  I call upon the parties for their appearances, starting with

11     the Prosecution, please.

12             MR. SCOTT:  Good afternoon, Your Honour.  Kenneth Scott appearing

13     for the Prosecution, along with Maxine Marcus and our Case Manager

14     Mr. Thomas Laugel.

15             JUDGE DELVOIE:  Thank you.

16             For Defence.

17             MR. ZIVANOVIC:  Good afternoon, Your Honour.  My name is

18     Zoran Zivanovic.  I have been appointed as Duty Counsel to represent

19     Mr. Goran Hadzic.  Thank you.

20             JUDGE DELVOIE:  Thank you very much.

21             May I confirm with Mr. Hadzic that he can follow the proceedings

22     in a language he understands.

23             THE ACCUSED: [Microphone not activated]

24             THE INTERPRETER:  Microphone, please.

25             THE ACCUSED: [Interpretation] Yes, I'm in a position to confirm

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 1     that.

 2             JUDGE DELVOIE:  Thank you.  Mr. Hadzic, would you please state

 3     your full name for the record, please.

 4             THE ACCUSED: [Interpretation] My name is Goran Hadzic.

 5             JUDGE DELVOIE:  You may be seated, Mr. Hadzic.

 6             What is the date and place of your birth, please.

 7             THE WITNESS: [Interpretation] Vinkovci, the

 8     7th of September, 1958.

 9             JUDGE DELVOIE:  Thank you.  I am Judge Delvoie, both the

10     Presiding Judge and the Pre-Trial Judge in this case.  The other Judges

11     of the Trial Chamber are Judge Hall and Judge Mindua.

12             The purpose of today's Further Appearance is to call upon

13     Mr. Hadzic to enter a plea to the operative indictment which was filed on

14     the 22nd of July, 2011.  A corrigendum to the indictment was filed on the

15     3rd of August, 2011.  The hearing is to be conducted in accordance with

16     Rule 62 of the Rules of Procedure and Evidence of this Tribunal.

17             Before we move further, I would like to inform you, Mr. Hadzic,

18     that you have a fundamental right to remain silent throughout these

19     proceedings and that it will not be held against you if you do.  Further,

20     Articles 20 and 21 of the Statute of the Tribunal guarantee you a number

21     of rights which, I recall, were read to you at Initial Appearance held on

22     the 25th of July, 2011, before Judge O-Gon Kwon.  At this

23     Initial Appearance, Judge Kwon asked you if you wished to have the

24     indictment read.  You indicated, through your counsel, that you had

25     familiarized yourself with the content of the indictment and that you did

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 1     not wish to have it read aloud in court.

 2             I will ask you again today if you wish to have the indictment

 3     read aloud or whether you waive the reading of the indictment.

 4             THE ACCUSED: [Interpretation] I waive the right, Your Honour.  I

 5     do not wish to hear it.

 6             JUDGE DELVOIE:  Thank you.

 7             I will now ask you, Mr. Hadzic, to plead to the charges contained

 8     within the indictment.

 9             Could you please stand up for a moment.

10                           [The accused stands up]

11             JUDGE DELVOIE:  Mr. Hadzic, how do you plead to the charges

12     contained within the indictment?

13             THE ACCUSED: [Interpretation] Not guilty, Your Honour.

14             JUDGE DELVOIE:  Please be seated, Mr. Hadzic.

15             THE ACCUSED: [Interpretation] Thank you.

16             JUDGE DELVOIE:  That concludes the entry of your plea, which was

17     the purpose of this Further Appearance.

18             In due course, a date will be set for the commencement of the

19     trial, pursuant to Rule 62(A)(v).  A Status Conference in according with

20     Rule 65 bis soon will be scheduled in order to advance the preparation of

21     this case for trial as well as to allow you, Mr. Hadzic, the opportunity

22     to raise issues in relation thereto.

23             One matter that I wish to raise before we adjourn is the

24     disclosure to the Defence of the material supporting the indictment.

25     Yesterday, the 23rd of August, 2011, the Trial Chamber issued its

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 1     decision on the Prosecution motion for protective measures for victims

 2     and witnesses and documentary evidence.  In this decision, the Chamber

 3     ordered, pursuant to Rule 66(A)(i), the Prosecution to disclose to the

 4     Defence by no later than the 23rd of September, 2011, the supporting

 5     material that accompanied the indictment when confirmation was sought and

 6     all prior statements obtained by the Prosecution from Mr. Hadzic.

 7             The Chamber also ordered the Prosecution by no later than

 8     23 September to inform the Chamber and the Defence if any of the

 9     Rule 66(A)(i) material is covered by Rule 70 restrictions.

10             The Trial Chamber will issue further orders in relation to

11     additional disclosure in due course, such as required under

12     Rule 66(A)(ii).

13             Finally, I would like to mention, in order to avoid any

14     misunderstandings, that pursuant to Rule 72(A), the 30-day time-limit for

15     the filing of preliminary motions will not commence until permanent

16     counsel is assigned to Mr. Hadzic.  And this is notwithstanding the fact

17     that Rule 66(A)(i) material has been disclosed to the Defence.

18             Are there any other matters that the parties wish to raise today?

19             MR. SCOTT:  Your Honour, good afternoon again.  I have just to

20     confirm that in fact all the supporting material has gone out to date to

21     the Defence, although we do appreciate the fact that, of course, we're

22     dealing with Duty Counsel at this time.  But all the supporting material

23     has been provided, and some final B/C/S translations of that material

24     previously disclosed were also provided to counsel today.  So at this

25     point, we don't anticipate any difficulties with the schedule that the

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 1     Chamber has just reviewed with us.

 2             Thank you.

 3             JUDGE DELVOIE:  Thank you very much.

 4             Defence.

 5             MR. ZIVANOVIC:  Yes, that's correct, Your Honour.  I received

 6     some material accompanying the indictment today and one -- one month or

 7     three weeks ago.

 8             JUDGE DELVOIE:  Okay.

 9             MR. ZIVANOVIC:  Thank you.

10             JUDGE DELVOIE:  Thanks all of you.

11             This hearing is now adjourned.

12                           --- Whereupon the Further Appearance adjourned at

13                           3.11 p.m.