Tribunal Criminal Tribunal for the Former Yugoslavia

Page 260

1 Friday, 28 November 2003

2 [Further Appearance]

3 [Open session]

4 --- Upon commencing at 9.00 a.m.

5 THE INTERPRETER: Microphone, please. Microphone, please.

6 THE REGISTRAR: Case number IT-01-47-PT, the Prosecutor versus

7 Enver Hadzihasanovic and Amir Kubura.

8 [The accused entered court]

9 JUDGE ANTONETTI: [Interpretation] Could we have the appearances,

10 please. The Prosecution first.

11 MR. WITHOPF: Good morning, Your Honour; good morning, Counsel.

12 For the Prosecution, Mr. David Re on my right-hand side, Ms. Kimberly

13 Fleming as the case manager, and I, Ekkehard Withopf, Senior Trial

14 Attorney.

15 JUDGE ANTONETTI: [Interpretation] Thank you. For the Defence,

16 please.

17 MR. IBRISIMOVIC: [Interpretation] On behalf of Mr. Kubura,

18 Mr. Ibrisimovic. With me is Mr. Rodney Dixon and our case assistant.

19 JUDGE ANTONETTI: [Interpretation] Thank you. Mr. Kubura, would

20 you rise, please. Can you hear the interpretation?

21 THE ACCUSED KUBURA: [Interpretation] Yes, I can.

22 JUDGE ANTONETTI: [Interpretation] Could you please identify

23 yourself, please.

24 THE ACCUSED KUBURA: [Interpretation] Amir Kubura.

25 JUDGE ANTONETTI: [Interpretation] Your date of birth, please.

Page 261

1 THE ACCUSED KUBURA: [Interpretation] The 4th of March, 1964, in

2 Kakanj, the state of Bosnia and Herzegovina.

3 JUDGE ANTONETTI: [Interpretation] Thank you. And your address?

4 THE ACCUSED KUBURA: [Interpretation] I live in Sarajevo,

5 Topalosman-Pase number 22.

6 JUDGE ANTONETTI: [Interpretation] Thank you. You may be seated.

7 This hearing is held in accordance with Rule 62 of our Rules of

8 Procedure and the Prosecution, in its motion of the 15th of August,

9 required an amendment to the indictment, and by ruling of the 17th of

10 September 2003, the Chamber determined that the Prosecutor may present a

11 new indictment against you. Actually, this has to do with facts related

12 to the killing of four HVO soldiers whose names appear in paragraph 39,

13 and this was committed on the 29th of April, 1993. So it's count number

14 1, murder, violations of the rules and customs of war.

15 You have, therefore, been informed of this new charge. Your

16 counsel addressed a letter to the Chamber noting that it had been informed

17 of this amendment, so I will now ask you to rise and to tell me whether

18 you personally have been informed of this new charge.

19 THE ACCUSED KUBURA: [Interpretation] Yes, I have. Yes, I have.

20 JUDGE ANTONETTI: [Interpretation] Very well. So my question to

21 you now regarding this new count: Do you plead guilty or not guilty?

22 THE ACCUSED KUBURA: [Interpretation] I plead not guilty on this

23 count.

24 JUDGE ANTONETTI: [Interpretation] Very well. I take note of the

25 fact that you have pleaded not guilty of this new count in the indictment.

Page 262

1 You may be seated.

2 There are no other comments regarding this additional initial

3 appearance, due to which this hearing is closed. We will now adjourn and

4 resume in a few minutes. But I see that the Prosecutor wishes to

5 intervene.

6 MR. WITHOPF: Yes, Your Honour. There was an additional new

7 charge. That's paragraph 44. That's wanton destruction for Miletici.

8 This concerns count 5 and count 6. We added Miletici to the list of the

9 areas in which destruction took place, destruction committed by the

10 subordinates of the accused Kubura.

11 JUDGE ANTONETTI: [Interpretation] Very well. Thank you. The

12 Prosecutor is indicating that in paragraph 44, there is the charge of

13 wanton destruction of buildings committed in Miletici appearing under

14 count 5 and 6. Has the Defence any observations to make in that

15 connection?

16 MR. IBRISIMOVIC: [Interpretation] No observations, Your Honour.

17 JUDGE ANTONETTI: [Interpretation] Very well. Mr. Kubura, will you

18 rise, please.

19 You heard the Prosecution telling us of a charge of wanton

20 destruction under counts 5 and 6 having to do with destruction of

21 facilities and buildings in Miletici. Do you have any comments to make,

22 and do you plead guilty or not guilty of this crime?

23 THE ACCUSED KUBURA: [Interpretation] I have heard, and I also

24 plead not guilty regarding this count.

25 JUDGE ANTONETTI: [Interpretation] Mr. Prosecutor.

Page 263

1 MR. WITHOPF: Your Honour, I was referring not only to count 5 in

2 the indictment but also to count 6, plunder of public and private

3 property.

4 JUDGE ANTONETTI: [Interpretation] Very well. There is destruction

5 and plunder, counts 5 and 6.

6 No comments by the Defence?

7 MR. IBRISIMOVIC: [Interpretation] We have no comments.

8 JUDGE ANTONETTI: [Interpretation] Therefore, this hearing is

9 adjourned.

10 There's an intervention on behalf of the Defence. Yes?

11 MR. IBRISIMOVIC: [Interpretation] Your Honour, we were just saying

12 that we have no observations regarding the statement by the Prosecution.

13 JUDGE ANTONETTI: [Interpretation] Very well. This hearing is

14 adjourned. We will resume in a few minutes with the two accused for the

15 65 ter hearing.

16 Do you wish to intervene again, Mr. Prosecutor?

17 MR. WITHOPF: It is our understanding, Your Honour, that the

18 accused Kubura has not yet pled to count 6.

19 JUDGE ANTONETTI: [Interpretation] Very well. Mr. Kubura, the

20 Prosecutor has noted that he didn't quite gather whether you pleaded

21 guilty or not guilty regarding count 6, plunder. So I'm asking you once

22 again: Are you pleading guilty or not guilty regarding plunder?

23 THE ACCUSED KUBURA: [Interpretation] I plead not guilty.

24 JUDGE ANTONETTI: [Interpretation] That was the understanding of

25 the Chamber too. Thank you. Please be seated.

Page 264

1 So we will have a few minutes' break to be able to change the

2 tape, and we will resume the pre-trial hearing shortly.

3 --- Whereupon the Further Appearance adjourned

4 at 9.11 a.m.