Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Monday, 26th January 1998

2 (2.00 pm)

3 JUDGE JORDA: Please be seated. Madam

4 Registrar, would you please ask the accused to be

5 brought in.

6 (Accused brought in)

7 JUDGE JORDA: Could the accused be seated and

8 please could the headphones be given to him, so he can

9 hear the President of the Trial Chamber. Can you hear

10 me, please?

11 THE ACCUSED: Yes.

12 JUDGE JORDA: Please be seated. You may be

13 seated. We are now going to go on with the initial

14 appearance, with the accused Goran Jelisic. Accused,

15 would you please stand up, and please could you say

16 your first and last name, your date and place of birth,

17 your profession and the place where you lived when you

18 were arrested.

19 THE ACCUSED: My name is Goran Jelisic, I am

20 also known by my nickname, Adolf. I was born on

21 7th June 1968 in Bijeljina and I am a mechanic for

22 agricultural machinery.

23 JUDGE JORDA: Could you tell me where your

24 domicile was?

25 MR JELISIC: Slobodana Jovanovic street,

Page 2

1 number 5, in Bijeljina in Republika Serbska.

2 JUDGE JORDA: In Bijeljina. You may be

3 seated, Mr Jelisic. I am going to ask you now what is

4 the counsel -- who is the counsel who will defend you?

5 Could you tell me who is your counsel or Defence?

6 I would like to know who will appear on your behalf.

7 Mr Jelisic, could you please confirm, I do not know

8 whether you can hear the interpreters, could you please

9 tell me who is your lawyer?

10 MR JELISIC: Mr Igor Pantelic.

11 JUDGE JORDA: The reason why I am asking is

12 because the Registry informed me that there were some

13 variations about that fact, I just wanted from you the

14 confirmation that it was Mr Pantelic who was your

15 counsel.

16 Could you, Mr Pantelic, tell me that you are

17 the chosen counsel, did you have a mandate given by

18 Mr Jelisic?

19 MR PANTELIC: Yes, your Honour, this morning

20 I arrange all necessary papers. I came yesterday to

21 The Hague and furthermore, I would like also to inform

22 this Trial Chamber that I will be acting in this case

23 as lead counsel and my co-counsel is my distinguished

24 colleague Mr Veselin Londrovic from Bijeljina and also

25 I would like to inform you that I submitted all

Page 3

1 necessary papers including power of attorney, signed by

2 Mr Jelisic, and stated that me and my colleague

3 Mr Londrovic are his defence counsels.

4 JUDGE JORDA: So Madam Registrar, could you

5 please confirm what was just told by the accused on the

6 one hand, who chose Mr Pantelic as his counsel and also

7 I would like the confirmation that -- was it the

8 accused who decided for two lawyers?

9 THE REGISTRAR: Today we received in the

10 Registry that Mr Pantelic should be the counsel, this

11 was decided by the accused and when it comes to

12 Mr Londrovic, it was decided some time ago.

13 JUDGE JORDA: Mr Jelisic, can I confirm then

14 that you have two counsels, Mr Pantelic who is leading

15 your defence, Mr Pantelic being the one who leads your

16 defence case?

17 MR JELISIC: Yes.

18 JUDGE JORDA: That is so. Mr Pantelic is

19 your counsel for the Defence, with a colleague of his

20 from Bijeljina whose name I have not understood, but

21 Madam Registrar will be probably able to tell us the

22 name.

23 THE REGISTRAR: Yes, it is Mr Veselin

24 Londrovic.

25 JUDGE JORDA: I would just like to tell you

Page 4

1 about the Rules, about our Statute and the procedure.

2 According to Article 20 of our Statute, the indictment

3 and the rights of the accused should be respected.

4 I am going to speak later on in a bit more detail about

5 those rights. We have to ensure that the accused has

6 understood the contents of the indictment and ask him

7 whether he pleads guilty or not guilty, and also there

8 are certain rights of the accused, one of those being

9 to be informed in a language that he understands and in

10 details about the nature and the motives of the charges

11 against him.

12 The text of the Statute, voted in 1993 by the

13 Security Council, have been completed by the Rules of

14 Procedure and Evidence, created by the judges from this

15 Tribunal, and there are various Rules, out of those

16 Rule 82, on which we are going to base ourselves today

17 and so we have to proceed according to certain

18 formalities. We have to read the indictment to the

19 accused in a language that he speaks and understands

20 and also we have to make sure that the accused

21 understands the indictment. We have to hear whether he

22 pleads guilty or not guilty on each count of the

23 indictment, and then we have to see whether he pleads

24 guilty or not guilty. In case the accused pleads not

25 guilty, the Registrar has to decide about the date of

Page 5

1 the trial, and in case the accused pleads guilty to set

2 the date for the verdict and also in case it is

3 necessary, we have to fix all the other relevant

4 dates.

5 Now I am turning myself to Mr Pantelic. Is

6 the indictment from July 1995, was it given -- was the

7 indictment given to the accused, has the accused

8 understood its contents?

9 MR PANTELIC: Yes, your Honour, that was done

10 fully in accordance with the Rules of Procedure, but

11 please allow me to give you some facts which might be

12 very, very important before we move to today's

13 session. The Defence would like to bring to your

14 attention, your Honour, some very important facts. We

15 are in possession of one very important document that

16 might be related to this stage of procedure, in

17 accordance with Rule 62. Unfortunately, due to the

18 lack of time for preparation for this hearing, and due

19 to the fact that I have received it immediately prior

20 to this session today, I am giving all my apologies to

21 this Trial Chamber for this inconvenience.

22 The document in question might have

23 substantial influence with regard to one of the

24 fundamental principles of law, and that is fairness of

25 trial, not to mention the other basic human rights,

Page 6

1 which are profoundly incorporated in the structure of

2 this Tribunal.

3 JUDGE JORDA: Mr Pantelic --

4 MR PANTELIC: Your Honour, I have one very

5 precise suggestion.

6 JUDGE JORDA: Yes, I have got a suggestion,

7 but it is the President of the Trial Chamber who is to

8 set the agenda for today. This is an initial

9 appearance. Regardless of the fact what document it

10 is, please do not interrupt me when it is not

11 necessary. I am going to set the agenda for this

12 trial, but please, I would like first of all to apply

13 Article 62. I am going to turn myself now towards the

14 Prosecution and I would like to have the appearances

15 for the Prosecution, so could I please have the

16 appearances for the Prosecution.

17 MR BOWERS: Good afternoon, your Honours,

18 Terree Bowers and my colleague.

19 MR TOCHILOVSKY: Your Honours, my name is

20 Vladimir Tochilovsky and we appear for the Prosecution.

21 MR PANTELIC: Your Honour, just a second.

22 I have a suggestion --

23 JUDGE JORDA: But please could you take the

24 floor only when I give you the floor. It is a question

25 of politeness. Please would you respect the ontology

Page 7

1 of all legal institutions.

2 MR PANTELIC: Your Honour, I need not public

3 session for five minutes, not more, to submit to you a

4 very important document and after that we can proceed.

5 That is only my proposal.

6 JUDGE JORDA: Maybe you need a private

7 session, but I need a public session in order to

8 confirm the indictment and this accused that has been

9 arrested on the charges pressed against him according

10 to the indictment from June 1995, and this needs to be

11 done and then later on maybe I can grant your request

12 and if necessary it can be done in private session, but

13 before any other motions, because, you understand that,

14 you are a very knowledgeable lawyer, but you do

15 understand that we cannot do anything now before we

16 start applying the procedure according to Article 62.

17 MR PANTELIC: -- In accordance with Rule 62.

18 In that case, I request to have a closed session

19 immediately after this hearing, if it is possible.

20 That is my official request. Thank you very much.

21 JUDGE JORDA: I will consult my colleagues.

22 (Pause).

23 The Chamber has decided that for the time

24 being it will follow Rule 62 and we will have the

25 indictment read, the indictment of 30th June 1995.

Page 8

1 After the reading, we will ask the accused to plead

2 guilty or not guilty to each of the counts. If at that

3 time the Defence has a request to make, that is in a

4 closed session, it will be presented so that the

5 Prosecutor can also express himself as well, but there

6 is a fundamental principle which means that the

7 initial -- at the initial appearance the indictment

8 must be read to the accused.

9 Madam Registrar, would you please start the

10 reading of the indictment of 30th June 1995.

11 THE REGISTRAR: The Prosecutor of the

12 Tribunal against Goran Jelisic, also known as Adolf,

13 and Ranko Cesic.

14 Richard J Goldstone, Prosecutor of the

15 International Criminal Tribunal for the former

16 Yugoslavia, pursuant to his authority under Article 18

17 of the Statute of the International Criminal Tribunal

18 for the former Yugoslavia, charges:

19 1. Beginning on about 30th April 1992, Serb

20 forces from Bosnia and elsewhere in the former

21 Yugoslavia fought to obtain control of Brcko, a town

22 and municipality in the Republic of Bosnia and

23 Herzegovina in the former Yugoslavia. Serb forces

24 forcibly expelled Croat and Muslim residents from their

25 homes and, with the assistance of local Serb

Page 9

1 authorities, held them at collection centres, where

2 many were killed, beaten and otherwise mistreated.

3 Many of the women, children and elderly were confined

4 at the nearby village of Brezovo Polje. Most of the

5 men of military age, and a few women, were taken to

6 Luka camp.

7 2. From about 7th May 1992 until early July

8 1992, Serb forces confined hundreds of Muslim and Croat

9 men, and a few women, at Luka camp in inhumane

10 conditions and under armed guard. From about 7th May

11 1992 until about 21st May 1992, detainees were

12 systematically killed at Luka. Almost every day during

13 that time, the accused, often assisted by camp guards,

14 entered Luka's main hangar where most detainees were

15 kept, selected detainees for interrogation, beat them

16 and then often shot and killed them.

17 3. The accused, often assisted by camp

18 guards, usually shot detainees at close range in the

19 head or back. Often, the accused and camp guards

20 forced the detainees who were to be shot to put their

21 heads on a metal grate that drained into the Sava

22 River, so that there would be minimal clean-up after

23 the shootings. The accused and guards then ordered

24 other detainees to move the bodies to one of two

25 disposal areas where the bodies were piled until they

Page 10

1 were later loaded on trucks and taken to mass graves

2 outside the town of Brcko or disposed of in other ways.

3 4. From about 21st May 1992 until early July

4 1992, the detainees were subjected to beatings and,

5 less frequently than before, killings.

6 5. In early July 1992, the surviving Luka

7 detainees were transferred to another detention camp at

8 Batkovic.

9 6. During the time Luka camp operated, the

10 Serb authorities killed hundreds of Muslim and Croat

11 detainees.

12 The accused.

13 7. On about 1st May 1992, Goran Jelisic, who

14 was born on 7th June 1968 in Bijeljina, came to Brcko

15 from Bijeljina, where he had worked as an agricultural

16 machinery mechanic. During most of May 1992, Goran

17 Jelisic acted as the commander of Luka camp and called

18 him the "Serb Adolf".

19 8. Ranko Cesic, who was born in 1964 in

20 Drvar, lived in Brcko before the war. During May and

21 June 1992, he acted under the apparent authority of the

22 Brcko police and held a position of authority at Luka

23 camp.

24 General allegations.

25 9. Unless otherwise set forth below, all

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1 acts and omissions alleged in this indictment took

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

3 in Brcko municipality in the Republic of Bosnia and

4 Herzegovina in the territory of the former Yugoslavia.

5 10. At all times relevant to this

6 indictment, a state of armed conflict and partial

7 occupation existed in the Republic of Bosnia and

8 Herzegovina.

9 11. At all times relevant to this

10 indictment, all persons described in this indictment as

11 victims were protected by the Geneva Conventions of

12 1949.

13 12. At all relevant times, Goran Jelisic and

14 Ranko Cesic were required to abide by the laws and

15 customs governing the conduct of war, including the

16 Geneva Conventions of 1949.

17 13. Goran Jelisic and Ranko Cesic are

18 individually responsible for the crimes alleged against

19 them in this indictment, pursuant to Article 7(1) of

20 the Tribunal Statute. Individual criminal

21 responsibility includes committing, planning,

22 initiating, ordering or aiding and abetting in the

23 planning, preparation or execution of any crime

24 referred to in Articles 2 to 5 of the Tribunal Statute.

25 14. All acts and omissions charged as crimes

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1 against humanity were part of a widespread, systematic

2 or large-scale attack directed against the Muslim and

3 Croat civilian population of Brcko.

4 15. In each count of this indictment

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

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

7 an official or person acting in an official capacity,

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

9 obtain information or a confession from the victim or a

10 third person; to punish the victim for an act the

11 victim or a third person committed or was suspected of

12 having committed; to intimidate or coerce the victim or

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

14 discrimination of any kind.

15 16. Paragraphs 9 to 15 are re-alleged and

16 incorporated into each of the charges set forth below.

17 Charges: count 1, genocide.

18 17. In May 1992, Goran Jelisic, intending to

19 destroy a substantial or significant part of the

20 Bosnian Muslim people as a national, ethnical or

21 religious group, systematically killed Muslim detainees

22 at the Laser Bus company, the Brcko police station and

23 Luka camp. He introduced himself as the "Serb Adolf",

24 said that he had to come to Brcko to kill Muslims and

25 often informed the Muslim detainees and others of the

Page 13

1 number of Muslims he had killed. In addition to

2 killing countless detainees, whose identities are

3 unknown, Goran Jelisic ordered or personally killed the

4 victims described in paragraphs 18, 20-30, 35 and 38.

5 By these actions, Goran Jelisic instigated, ordered,

6 committed or aided and abetted:

7 Count 1: genocide, a crime recognised by

8 Article 4(2)(a) of the Tribunal Statute.

9 MR JELISIC: Your Honour.

10 JUDGE JORDA: Mr Jelisic, please allow the

11 indictment to be read in its entirety.

12 THE REGISTRAR: Counts 2-4, killing of Kemal

13 Sulejmanovic.

14 18. On about 5th or 6th May 1992, Goran

15 Jelisic, accompanied by several soldiers, entered the

16 Laser Bus company building in Brcko and announced to

17 the detainees that he was the "Serb Adolf". Goran

18 Jelisic took the Muslim detainee Kemal Sulejmanovic,

19 also known as Kemo, from the building and shot and

20 killed him. By these actions, Goran Jelisic

21 instigated, ordered or committed:

22 Count 2: a grave breach recognised by

23 Article 2(a) (wilful killing) of the Tribunal Statute;

24 Count 3, a violation of the laws or customs

25 of war recognised by Article 3 of the Tribunal Statute

Page 14

1 and Article 3(1)(a) (murder) of the Geneva Conventions;

2 Count 4, a crime against humanity recognised

3 by Article 5(a) (murder) of the Tribunal Statute.

4 Counts 5-7, killing of Sakib Becirevic and

5 four other men.

6 19. On about 5th May 1992, Ranko Cesic went

7 to the Brcko Partizan Sports Hall where Muslim civilian

8 were being confined, and took the Muslim detainee Sakib

9 Becirevic, also known as Kibe, and four other men,

10 named "Pepa", "Sale" and the two sons of a man called

11 Avdo outside the hall. Ranko Cesic lined up and shot

12 and killed the five detainees with bursts of gunfire.

13 By these actions, Ranko Cesic committed:

14 Count 5: a grave breach recognised by

15 Article 2(a) (wilful killing) of the Tribunal Statute;

16 Count 6: a violation of the laws or customs

17 of war recognised by Article 3 of the Tribunal Statute

18 and Article 3(1)(a) (murder) of the Geneva Conventions;

19 Count 7: a crime against humanity recognised

20 by Article 5(a) (murder) of the Tribunal Statute.

21 Counts 8-10, killing of unknown male.

22 20. On about 6th or 7th May 1992, Goran

23 Jelisic escorted an unknown male detainee down a street

24 near the Brcko police station and then shot him in the

25 head with a Scorpion pistol. By these actions, Goran

Page 15

1 Jelisic committed:

2 Count 8: a grave breach recognised by

3 Article 2(a) (wilful killing) of the Tribunal Statute;

4 Count 9: a violation of the laws or customs

5 of war recognised by Article 3 of the Tribunal Statute

6 and Article 3(1)(a) (murder) of the Geneva Conventions;

7 Count 10: a crime against humanity recognised

8 by Article 5(a) (murder) of the Tribunal Statute.

9 Count 11-13, killing of Hasan Jasarevic.

10 21. On about 7th May 1992, Goran Jelisic,

11 using a Scorpion pistol, shot and killed Hasan

12 Jasarevic, a Muslim detainee who had fled the Brcko

13 police station. By these actions, Goran Jelisic

14 committed:

15 Count 11. A grave breach recognised by

16 Article 2(a) (wilful killing) of the Tribunal Statute;

17 Count 12: a violation of the laws or customs

18 of war recognised by Article 3 of the Tribunal Statute

19 and Article 3(1)(a) (murder) of the Geneva Conventions;

20 Count 13: a crime against humanity recognised

21 by Article 5(a) (murder) of the Tribunal Statute.

22 Counts 14-16, killing of a young man from

23 Sinteraj.

24 22. On about 7th May 1992, Goran Jelisic

25 left the Brcko police station with a young man from the

Page 16

1 neighbourhood of Sinteraj, whose identity is unknown.

2 Goran Jelisic escorted the young man away from the

3 police station to an area where the young man was shot

4 and killed. By these actions, Goran Jelisic

5 instigated, ordered or committed:

6 Count 14: a grave breach recognised by

7 Article 2(a) (wilful killing) of the Tribunal Statute;

8 Count 15: a violation of the laws or customs

9 of war recognised by Article 3 of the Tribunal Statute

10 and Article 3(1)(a) (murder) of the Geneva Conventions;

11 Count 16: a crime against humanity recognised

12 by Article 5(a) (murder) of the Tribunal.

13 Counts 17-19, killing of Ahmet Hodzic or

14 Hadzic.

15 23. On about 7th May 1992, Goran Jelisic

16 took the Muslim detainee Ahmet Hodzic, also known as

17 Papa, a leader of the Brcko SDA (Muslim political

18 party) outside the Brcko police station and beat him

19 with a baton. Together with two guards, Goran Jelisic

20 took Ahmet Hodzic to the same place where Goran

21 Jelisic, earlier that day, had killed a young detainee

22 from Sinteraj. Goran Jelisic told Ahmet Hodzic that he

23 was looking at his town for the last time and then

24 killed him. By these actions, Goran Jelisic

25 instigated, ordered, committed or aided and abetted:

Page 17

1 Count 17: a grave breach recognised by

2 Article 2(a) (wilful killing) of the Tribunal Statute;

3 Count 18: a violation of the laws or customs

4 of war recognised by Article 3 of the Tribunal Statute

5 and Article 3(1)(a) (murder) of the Geneva Conventions;

6 Count 19: a crime against humanity recognised

7 by Article 5(a) (murder) of the Tribunal Statute.

8 Counts 20-22, killing of Suad.

9 24. On about 7th May 1992, Goran Jelisic

10 took a Muslim detainee named Suad from the Brcko police

11 station and beat him with a rifle butt. Goran Jelisic,

12 together with some soldiers, walked Suad to the same

13 area where Goran Jelisic, earlier that day, had killed

14 Ahmet Hodzic and a young man from Sinteraj. After

15 reaching the area, Suad was shot and killed. By these

16 actions, Goran Jelisic instigated, ordered, committed

17 or aided and abetted:

18 Count 20: a grave breach recognised by

19 Article 2(a) (wilful killing) of the Tribunal Statute;

20 Count 21: a violation of the laws or customs

21 of war recognised by Article 3 of the Tribunal Statute

22 and Article 3(1)(a) (murder) of the Geneva Conventions;

23 Count 22. A crime against humanity

24 recognised by Article 5(a) (murder) of the Tribunal

25 Statute.

Page 18

1 Counts 23-25, killing of Amir Novalic.

2 25. On about 7th May 1992, Goran Jelisic

3 shot and killed the Muslim detainee Amir Novalic, also

4 known as Fric, inside the Brcko police station. By

5 these actions, Goran Jelisic instigated, ordered or

6 committed:

7 Count 23: a grave breach recognised by

8 Article 2(a) (wilful killing) of the Tribunal Statute;

9 Count 24: a violation of the laws or customs

10 of war recognised by Article 3 and of the Tribunal

11 Statute and Article 3(1)) (murder) of the Geneva

12 Conventions;

13 Count 25, a crime against humanity recognised

14 by Article 5(a) (murder) of the Tribunal Statute.

15 Counts 26-28, killing of Sead Cerimagic and

16 Jasminko Cumurovic.

17 26. On about 8th May 1992, Goran Jelisic and

18 Ranko Cesic took the Muslim detainee Sead Cerimagic

19 (also known as Cita) and Jasminko Cumurovic (also known

20 as Jasce and Jasmin) from the main hangar building at

21 Luka camp and shot and killed them. By these actions,

22 Goran Jelisic and Ranko Cesic instigated, ordered,

23 committed or aided and abetted:

24 Count 26: a grave breach recognised by

25 Article 2(a) (wilful killing) of the Tribunal Statute;

Page 19

1 Count 27: a violation of the laws or customs

2 of war recognised by Article 3 of the Tribunal Statute

3 and Article 3(1)(a) (murder) of the Geneva Conventions;

4 Count 28: a crime against humanity recognised

5 by Article 5(a) (murder) of the Tribunal Statute.

6 Counts 29-31, killing of Huso and Smajil

7 Zahirovic.

8 27. On about 8th May 1992, at Luka camp,

9 Goran Jelisic accused two Muslim brothers from Zvornik,

10 Huso and Smajil Zahirovic, of fighting for the Muslim

11 resistance. Goran Jelisic took them outside of the

12 main hangar building where they were shot and killed.

13 By these actions, Goran Jelisic instigated, ordered or

14 committed:

15 Count 29: a grave breach recognised by

16 Article 2(a) (wilful killing) of the Tribunal Statute;

17 Count 30: a violation of the laws or customs

18 of war recognised by Article 3 of the Tribunal Statute

19 and Article 3(1)(a) (murder) of the Geneva

20 Conventions;.

21 Count 31: a crime against humanity recognised

22 by Article 5(a) (murder) of the Tribunal Statute.

23 Counts 32-37, torture and killing of Naza

24 Bukvic.

25 28. On about 9th May 1992, near the main

Page 20

1 hangar building at Luka camp, Goran Jelisic, Ranko

2 Cesic and others questioned the Muslim detainee Naza

3 Bukvic about the whereabouts and activities of her

4 brother, beat her with police batons and a shovel and

5 then killed her. By these actions, Goran Jelisic and

6 Ranko Cesic instigated, ordered, committed or aided and

7 abetted:

8 Counts 32-33: grave breaches recognised by

9 Articles 2(b) (torture) and 2(a) (wilful killing) of

10 the Tribunal Statute;

11 Counts 34-35: violations of the laws or

12 customs of war recognised by Article 3 of the Tribunal

13 Statute and Article 3(1)(a) (torture) and (murder) of

14 the Geneva Conventions;

15 Counts 36-37: crimes against humanity

16 recognised by Articles 5(f) (torture) and 5(a) (murder)

17 of the Tribunal Statute.

18 Counts 38-40, killing of Muharem Ahmetovic.

19 29. On about 9th May 1992, Goran Jelisic

20 called the Muslim detainee Muharem Ahmetovic, the

21 father of Naza Bukvic, from the main hangar building at

22 Luka camp and killed him. By these actions, Goran

23 Jelisic instigated, ordered or committed:

24 Count 38. A grave breach recognised by

25 Article 2(a) (wilful killing) of the Tribunal Statute;

Page 21

1 Count 39: a violation of the laws or customs

2 of war recognised by Article 3 of the Tribunal Statute

3 and Article 3(1)(a) (murder) of the Geneva Conventions;

4 Count 40, a crime against humanity recognised

5 by Article 5(a) (murder) of the Tribunal Statute.

6 Counts 41-43, killing of Stipo Glavocevic.

7 30. On about 9th May 1992, Goran Jelisic

8 brought a Croat detainee named Stipo Glavocevic (also

9 known as Stjepo), who had at least one ear cut off and

10 was covered in blood, into the main hangar building at

11 Luka and forced him to kneel in the centre of the

12 hangar. Goran Jelisic beat Stipo Glavocevic. Goran

13 Jelisic then directed a guard to shoot and kill Stipo

14 Glavocevic just outside the entrance to the main

15 hangar. By these actions, Goran Jelisic instigated,

16 ordered, committed or aided and abetted:

17 Count 41: a grave breach recognised by

18 Article 2(a) (wilful killing) of the Tribunal Statute;

19 Count 42: a violation of the laws or customs

20 of war recognised by Article 3 of the Tribunal Statute

21 and Article 3(1)(a) (murder) of the Geneva Conventions;

22 Count 43: a crime against humanity recognised

23 by Article 5(a) (murder) of the Tribunal Statute.

24 Counts 44-46, killing of Sejdo.

25 31. On about 9th May 1992, Sejdo, a Muslim

Page 22

1 fisherman whose last name is unknown, arrived at Luka

2 camp in the trunk of a car. Ranko Cesic put Sejdo in a

3 small warehouse, beat him and then shot and killed

4 him. By these actions, Ranko Cesic committed:

5 Count 44. A grave breach recognised by

6 Article 2(a) (wilful killing) of the Tribunal Statute;

7 Count 45: a violation of the laws or customs

8 of war recognised by Article 3 of the Tribunal Statute

9 and Article 3(1)(a) (murder) of the Geneva Conventions;

10 Count 46: a crime against humanity recognised

11 by Article 5(a) (murder) of the Tribunal Statute.

12 Counts 47-49, killing of Mirsad Glavovic.

13 32. On about 11th May 1992, Ranko Cesic

14 called the Muslim policeman Mirsad Glavovic from the

15 main hangar building at Luka camp. Ranko Cesic ordered

16 Mirsad Glavovic to say goodbye and shake hands with the

17 other detainees. Ranko Cesic then took Mirsad Glavovic

18 outside the hangar building, beat him and killed him.

19 By these actions, Ranko Cesic instigated, ordered or

20 committed:

21 Count 47: a grave breach recognised by

22 Article 2(a) (wilful killing) of the Tribunal Statute;

23 Count 48: a violation of the laws or customs

24 of war recognised by Article 3 of the Tribunal Statute

25 and Article 3(1)(a) (murder) of the Geneva Conventions;

Page 23

1 Count 49: a crime against humanity recognised

2 by Article 5(a) (murder) of the Tribunal Statute.

3 Counts 50-52, sexual assault.

4 33. On about 11th May 1992, at Luka camp,

5 Ranko Cesic forced, at gun point, Muslim detainees A

6 and B, who were brothers detained there, to beat each

7 other and perform sexual acts on each other in the

8 presence of others, causing them great humiliation and

9 degradation. By these actions, Ranko Cesic instigated,

10 ordered or committed:

11 Count 50: a grave breach recognised by

12 Article 2(b) (inhuman treatment) of the Tribunal

13 Statute;

14 Count 51: a violation of the laws or customs

15 of war recognised by Article 3 of the Tribunal Statute

16 and Article 3(1)(c) (humiliating and degrading

17 treatment) of the Geneva Conventions;

18 Count 52: a crime against humanity recognised

19 by Article 5(g) (rape, which includes other forms of

20 sexual assault) of the Tribunal Statute.

21 Counts 53-55, beatings of Zejcir and Resad

22 Osmic.

23 34: between 10th and 12th May 1992, Goran

24 Jelisic participated in the interrogation and beating

25 of the Muslim brothers Zejcir and Resad Osmic. Goran

Page 24

1 Jelisic beat Zejcir and Resad Osmic with a baton and

2 cut Resad Osmic's forearms with a military knife. Both

3 brothers suffered head injuries, and Resad lost

4 consciousness as a result of the beatings. By these

5 actions, Goran Jelisic instigated, ordered or

6 committed:

7 Count 53: a grave breach recognised by

8 Article 2(c) (wilfully causing great suffering) of the

9 Tribunal Statute;

10 Count 54: a violation of the laws or customs

11 of war recognised by Article 3 of the Tribunal Statute

12 and Article 3(1)(a) (cruel treatment) of the Geneva

13 Conventions;

14 Count 55: a crime against humanity recognised

15 by Article 5(i) (inhumane acts) of the Tribunal

16 Statute.

17 Counts 56-58, killing of Novalija.

18 35. On about 12th May 1992, in the main

19 hangar building at Luka camp, Goran Jelisic beat

20 Novalija, an elderly Muslim man, with a metal pipe,

21 shovel and wooden stick. Novalija died as a result of

22 the beatings. By these actions, Goran Jelisic

23 instigated, ordered or committed:

24 Count 5 6: a grave breach recognised by

25 Article 2(a) (wilful killing) of the Tribunal Statute;

Page 25

1 Count 57: a violation of the laws or customs

2 of war recognised by Article 3 of the Tribunal Statute

3 and Article 3(1)(a) (murder) of the Geneva Conventions;

4 Count 58: a crime against humanity recognised

5 by Article 5(a) (murder) of the Tribunal Statute.

6 Counts 59-61, killing of Nihad Jasarevic.

7 36. On about 12th or 13th May 1992, in the

8 main hangar building at Luka camp, Ranko Cesic and

9 another person beat the Muslim detainee Nihad Jasarevic

10 with a wooden club that contained a lead cylinder,

11 killing Nihad Jasarevic. By these actions, Ranko Cesic

12 instigated, ordered, committed or aided and abetted:

13 Count 59: a grave breach recognised by

14 Article 2(a) (wilful killing) of the Tribunal Statute;

15 Count 60: a violation of the laws or customs

16 of war recognised by Article 3 of the Tribunal Statute

17 and Article 3(1)(a) (murder) of the Geneva Conventions;

18 Count 61: a crime against humanity recognised

19 by Article 5(a) (murder) of the Tribunal Statute.

20 Counts 62-64, beatings of Muhamed Bukvic.

21 37. On about 13th May 1992, at Luka, Goran

22 Jelisic used a baton to beat the Muslim detainee

23 Muhamed Bukvic over his entire body. By these actions,

24 Goran Jelisic committed:

25 Count 62: a grave breach recognised by

Page 26

1 Article 2(c) (wilfully causing great suffering) of the

2 Tribunal Statute;

3 Count 63: a violation of the laws or customs

4 of war recognised by Article 3 of the Tribunal Statute

5 and Article 3(1)(a) (cruel treatment) of the Geneva

6 Conventions;

7 Count 64: a crime against humanity recognised

8 by Article 5(i) (inhumane acts) of the Tribunal

9 Statute.

10 Counts 65-67, killing of Adnan Kucalovic.

11 38. On about 18th May 1992, Goran Jelisic

12 called the Muslim detainee Adnan Kucalovic from the

13 main hangar at Luka. Goran Jelisic accused Adnan

14 Kucalovic of having a brother who was fighting with the

15 Muslim resistance. Goran Jelisic then participated in

16 the shooting and killing of Adnan Kucalovic. By these

17 actions, Goran Jelisic instigated, ordered, committed

18 or aided and abetted:

19 Count 65: a grave breach recognised by

20 Article 2(a) (wilful killing) of the Tribunal Statute;

21 Count 66: a violation of the laws or customs

22 of war recognised by Article 3 of the Tribunal Statute

23 and Article 3(1)(a) (murder) of the Geneva Conventions;

24 Count 67: a crime against humanity recognised

25 by Article 5(a) (murder) of the Tribunal Statute.

Page 27

1 Counts 68-70, beatings of Amir Didic.

2 39. Between about 20th May and 28th May

3 1992, Goran Jelisic interrogated and regularly beat the

4 Muslim detainee Amir Didic with a baton, a cable and

5 nozzle of a fire hose, causing Amir Didic to lose

6 consciousness. By these actions, Goran Jelisic

7 instigated, ordered or committed:

8 Count 68: a grave breach recognised by

9 Article 2(c) (wilfully causing great suffering) of the

10 Tribunal Statute;

11 Count 69: a violation of the laws or customs

12 of war recognised by Article 3 of the Tribunal Statute

13 and Article 3(1)(a) (cruel treatment) of the Geneva

14 Conventions;

15 Count 70: a crime against humanity recognised

16 by Article 5(i) (inhumane acts) of the Tribunal

17 Statute.

18 Counts 71-73, killing of two unknown males.

19 40. Between about 1st June and 6th June

20 1992, Ranko Cesic took four detainees, whose identities

21 are unknown, from the office building at Luka camp to

22 the paved road in front of the main hangar building

23 and, with the assistance of two guards, shot and killed

24 at least two of the detainees. By these actions, Ranko

25 Cesic instigated, ordered, committed or aided and

Page 28

1 abetted:

2 Count 71: a grave breach recognised by

3 Article 2(a) (wilful killing) of the Tribunal Statute;

4 Count 72: a violation of the laws or customs

5 of war recognised by Article 3 of the Tribunal Statute

6 and Article 3(1)(a) (murder) of the Geneva Conventions;

7 Count 73: a crime against humanity recognised

8 by Article 5(a) (murder) of the Tribunal Statute.

9 Counts 74-76, general conditions at Luka

10 camp.

11 41. From about 7th May to about 28th May

12 1992, Goran Jelisic, acting as the commander of Luka,

13 created an atmosphere of terror by killing, abusing and

14 threatening the detainees, thereby subjecting them to

15 extreme psychological trauma, degradation and fear of

16 bodily injury and death. Goran Jelisic also created

17 and maintained inhumane conditions at Luka by depriving

18 them of adequate food, water, medical care and sleeping

19 and toilet facilities. Ranko Cesic assisted Goran

20 Jelisic in creating the atmosphere of terror and the

21 inhumane conditions at Luka. By these actions, Goran

22 Jelisic and Ranko Cesic instigated, ordered, committed

23 or aided and abetted:

24 Count 74: a grave breach recognised by

25 Article 2(c) (wilfully causing great suffering) of the

Page 29

1 Tribunal Statute;

2 Count 75: a violation of the laws or customs

3 of war recognised by Article 3 of the Tribunal Statute

4 and Article 3(1)(a) (cruel treatment) of the Geneva

5 Conventions;.

6 Count 76: a crime against humanity recognised

7 by Article 5(i) (inhumane acts) of the Tribunal

8 Statute.

9 Count 77, plunder of private property.

10 42. From about 7th May to about 28th May

11 1992, Goran Jelisic participated in the plunder of

12 money, watches and other valuable property belonging to

13 persons detained at Luka camp, including Hasib Begic,

14 Zejcir Osmic, Enes Zukic and Armin Drapic. By these

15 actions, Goran Jelisic instigated, ordered, committed

16 or aided and abetted:

17 Count 77. A violation of the laws or customs

18 of war recognised by Article 3(e) (plunder) of the

19 Tribunal Statute.

20 Signed Richard J Goldstone, Prosecutor.

21 JUDGE JORDA: Thank you, Madam Registrar.

22 I would like to be sure that the accused understood

23 this indictment which was read to him when he was

24 arrested.

25 Goran Jelisic, would you please rise and

Page 30

1 state whether or not you understood this indictment,

2 which was translated into your own language.

3 MR JELISIC: Yes, the indictment has been

4 translated into my language and I partially heard it.

5 JUDGE JORDA: You understood it partially?

6 Are there parts which you did not understand or did not

7 hear? Mr Pantelic told us that he had given it to you,

8 that it had been read to you.

9 Mr Pantelic, perhaps you might add something

10 to what your client has said. Are there any parts that

11 must be reread?

12 MR PANTELIC: Your Honour, may I have a

13 second of conference with my client relating to this

14 issue?

15 JUDGE JORDA: Yes, of course. (Pause).

16 MR PANTELIC: Your Honour, it was just simple

17 misunderstanding with interpreters. You can ask my

18 client now.

19 JUDGE JORDA: Mr Jelisic, are there any

20 points that you would like to have repeated to you, yes

21 or no? I would like it to be very clear.

22 MR JELISIC: No.

23 JUDGE JORDA: Thank you. This has now been

24 recorded in the record, as well as the intervention by

25 Mr Pantelic. In any case you will be able to express

Page 31

1 yourself once again and now, while remaining standing,

2 I am going to ask you that you respond to each of the

3 counts which were read to you by the Registrar. For

4 each of them I will ask whether you plead guilty or not

5 guilty.

6 Madam Registrar, we will begin with count 1.

7 You will rise, you will not read everything but simply

8 the name or the title of count 1.

9 MR JELISIC: Your Honour, there is no need to

10 read out each count individually, because these are all

11 lies and fabrications and there is no need for this.

12 JUDGE JORDA: There is a legal procedure in

13 place here, we cannot work in approximations. Not

14 everything has to be reread, but simply the count as it

15 is legally named, for example count 1, genocide, a

16 crime recognised by Article 4(2)(a) of the Tribunal

17 Statute, do you plead guilty or not guilty. That is

18 what I want to do and what must be done.

19 Madam Registrar, start with count 1, read it

20 as it appears in the indictment.

21 THE REGISTRAR: Count 1, genocide, a crime

22 recognised by Article 4(2)(a) of the Tribunal Statute.

23 JUDGE JORDA: Do you plead guilty or not

24 guilty?

25 MR JELISIC: Not guilty.

Page 32

1 JUDGE JORDA: Continue, Madam Registrar.

2 THE REGISTRAR: Count 2, grave breach

3 recognised by Article 2(a) (wilful killing) of the

4 Tribunal Statute.

5 JUDGE JORDA: Guilty or not guilty.

6 MR JELISIC: Not guilty.

7 JUDGE JORDA: Count 3.

8 THE REGISTRAR: Count 3, a violation of the

9 laws or customs of war recognised by Article 3 of the

10 Tribunal Statute and Article 3(1)(a) (murder) of the

11 Geneva Conventions.

12 JUDGE JORDA: Mr Jelisic?

13 MR JELISIC: Not guilty.

14 JUDGE JORDA: Not guilty.

15 MR JELISIC: Not guilty.

16 THE REGISTRAR: (Not interpreted).

17 MR JELISIC: Not guilty.

18 THE REGISTRAR: Count 8, a grave breach

19 recognised by Article 2(a) (wilful killing) of the

20 Tribunal Statute.

21 MR JELISIC: Not guilty.

22 THE REGISTRAR: Count 9, a violation of the

23 laws or customs of war recognised by Article 3 of the

24 Tribunal Statute and Article 3(1)(a) (murder) of the

25 Geneva Conventions.

Page 33

1 MR JELISIC: Not guilty.

2 THE REGISTRAR: Count 10, a crime against

3 humanity recognised by Article 5(a) (murder) of the

4 Tribunal Statute.

5 MR JELISIC: Not guilty.

6 THE REGISTRAR: Counts 11-13, killing of

7 Hasan Jasarevic. Count 11 a grave breach recognised by

8 Article 2(a) (wilful killing) of the Tribunal Statute.

9 MR JELISIC: Not guilty.

10 THE REGISTRAR: Count 12, a violation of the

11 laws or customs of war recognised by Article 3 of the

12 Tribunal Statute and Article 3(1)(a) (murder) of the

13 Geneva Conventions.

14 MR JELISIC: Not guilty.

15 THE REGISTRAR: Count 13, a crime against

16 humanity, recognised by Article 5(a) (murder) of the

17 Tribunal Statute.

18 MR JELISIC: Not guilty.

19 THE REGISTRAR: Counts 14-16, killing of a

20 young man from Sinteraj. Count 14 a grave breach

21 recognised by Article 2(a) (wilful killing) of the

22 Tribunal Statute.

23 MR JELISIC: Not guilty.

24 THE REGISTRAR: Count 15, a violation of the

25 laws or customs of war recognised by Article 3 of the

Page 34

1 Tribunal Statute and Article 3(1)(a) (murder) of the

2 Geneva Conventions.

3 MR JELISIC: Not guilty.

4 THE REGISTRAR: Count 16, a crime against

5 humanity recognised by Article 5(a) (murder) of the

6 Tribunal Statute.

7 MR JELISIC: Not guilty.

8 THE REGISTRAR: Counts 17-19, killing of

9 Ahmed Hodzic or Hadzic. Count 17, a grave breach

10 recognised by Article 2(a) (wilful killing) of the

11 Tribunal Statute.

12 MR JELISIC: Not guilty.

13 THE REGISTRAR: Count 18, a violation of the

14 laws or customs of war, recognised by Article 3 of the

15 Tribunal Statute and Article 3(1)(a) (murder) of the

16 Geneva Conventions.

17 MR JELISIC: Not guilty.

18 THE REGISTRAR: Count 19, a crime against

19 humanity recognised by Article 5(a) (murder) of the

20 Tribunal Statute.

21 MR JELISIC: Not guilty.

22 THE REGISTRAR: Counts 20 to 22, killing of

23 Suad. Count 20, a grave breach recognised by Article

24 2(a) (wilful killing) of the Tribunal Statute.

25 MR JELISIC: Not guilty.

Page 35

1 THE REGISTRAR: Count 21, a violation of the

2 laws or customs of war, recognised by Article 3 of the

3 Tribunal Statute and Article 3(1)(a) (murder) of the

4 Geneva Conventions.

5 MR JELISIC: Not guilty.

6 THE REGISTRAR: Count 22, a crime against

7 humanity recognised by Article 5(a) (murder) of the

8 Tribunal Statute.

9 MR JELISIC: I plead not guilty.

10 THE REGISTRAR: Counts 23-25, killing of Amir

11 Novalic. Count 23, a grave breach recognised by

12 Article 2(a) (wilful killing) of the Tribunal Statute.

13 MR JELISIC: I plead not guilty.

14 THE REGISTRAR: Count 24, a violation of the

15 laws or customs of war recognised by Article 3 of the

16 Tribunal Statute and Article 3(1) (murder) of the

17 Geneva Conventions.

18 MR JELISIC: I plead not guilty.

19 THE REGISTRAR: Count 25, a crime against

20 humanity, recognised by Article 5(a) (murder) of the

21 Tribunal Statute.

22 MR JELISIC: I plead not guilty.

23 THE REGISTRAR: Counts 26-28, killing of Sead

24 Cerimagic and Jasminko Cumurovic. Count 26, a grave

25 breach recognised by Article 2(a) (wilful killing) of

Page 36

1 the Tribunal Statute.

2 MR JELISIC: I plead not guilty.

3 THE REGISTRAR: Count 27, a violation of the

4 laws or customs of war recognised by Article 3 of the

5 Tribunal Statute and Article 3(1)(a) (murder) of the

6 Geneva Conventions.

7 MR JELISIC: I plead not guilty.

8 THE REGISTRAR: Count 28, a crime against

9 humanity recognised by Article 5(a) (murder) of the

10 Tribunal Statute.

11 MR JELISIC: I plead not guilty.

12 THE REGISTRAR: Counts 29-31, killing of Huso

13 and Smajil Zahirovic. Count 29, a grave breach

14 recognised by Article 2(a) (wilful killing) of the

15 Tribunal Statute.

16 MR JELISIC: I plead not guilty.

17 THE REGISTRAR: Count 30, a violation of the

18 laws or customs of war recognised by Article 3 of the

19 Tribunal Statute and Article 3(1)(a) (murder) of the

20 Geneva Conventions.

21 MR JELISIC: I plead not guilty.

22 THE REGISTRAR: Count 31, a crime against

23 humanity recognised by Article 5(a) (murder) of the

24 Tribunal Statute).

25 MR JELISIC: I plead not guilty.

Page 37

1 THE REGISTRAR: Counts 32-37, torture and

2 killing of Naza Bukvic. Counts 32 and 33, grave

3 breaches recognised by Articles 2(b) (torture) and 2(a)

4 (wilful killing) of the Tribunal Statute.

5 MR JELISIC: I plead not guilty.

6 THE REGISTRAR: Counts 34 and 35, violations

7 of the laws or customs of war recognised by Article 3

8 of the Tribunal Statute and Article 3(1)(a) (torture).

9 MR JELISIC: I plead not guilty.

10 THE REGISTRAR: 34 and 35, violations of the

11 laws or customs of war, recognised by Article 3 of the

12 Tribunal Statute and Article 3(1)(a) (torture) and

13 (murder) of the Geneva Conventions.

14 MR JELISIC: I plead not guilty.

15 THE REGISTRAR: Count 36, crimes against

16 humanity recognised by Articles 5(f) (torture).

17 MR JELISIC: I plead not guilty.

18 THE REGISTRAR: Count 37, crime against

19 humanity, recognised by Article 5(a) (murder) of the

20 Tribunal Statute).

21 MR JELISIC: I plead not guilty.

22 THE REGISTRAR: Counts 38-40, killing of

23 Muharem Ahmetovic. Count 38, a grave breach recognised

24 by Article 2(a) (wilful killing) of the Tribunal

25 Statute.

Page 38

1 MR JELISIC: I plead not guilty.

2 THE REGISTRAR: Count 39, a violation of the

3 laws or customs of war recognised by Article 3 of the

4 Tribunal Statute and Article 3(1)(a) (murder) of the

5 Geneva Conventions.

6 MR JELISIC: I plead not guilty.

7 THE REGISTRAR: Count 40, a crime against

8 humanity recognised by Article 5(a) (murder) of the

9 Tribunal Statute.

10 MR JELISIC: I plead not guilty.

11 THE REGISTRAR: Counts 41 through 43, killing

12 of Stipo Glavocevic. Count 41, a grave breach

13 recognised by Article 2(a) (wilful killing) of the

14 Tribunal Statute.

15 MR JELISIC: I plead not guilty.

16 THE REGISTRAR: Count 42, a violation of the

17 laws or customs of war recognised by Article 3 of the

18 Tribunal Statute and Article 3(1)(a) (murder) of the

19 Geneva Conventions.

20 MR JELISIC: I plead not guilty.

21 THE REGISTRAR: Count 43, a crime against

22 humanity recognised by Article 5(a) (murder) of the

23 Tribunal Statute.

24 MR JELISIC: I plead not guilty.

25 THE REGISTRAR: Count 53-55, beatings of

Page 39

1 Zejcir and Resad Osmic. Count 53, a grave breach

2 recognised by Article 2(c) (wilfully causing great

3 suffering) of the Tribunal Statute.

4 MR JELISIC: I plead not guilty.

5 THE REGISTRAR: Count 54, a violation of the

6 laws and customs of war recognised by Article 3 of the

7 Tribunal Statute and Article 3(1)(a) (cruel treatment)

8 of the Geneva Conventions.

9 MR JELISIC: I plead not guilty.

10 THE REGISTRAR: Count 55, a crime against

11 humanity recognised by Article 5(i) (inhumane acts) of

12 the Tribunal Statute.

13 MR JELISIC: I plead not guilty.

14 THE REGISTRAR: Counts 56 through 58, killing

15 of Novalija. Count 56, a grave breach, recognised by

16 Article 2(a) (wilful killing) of the Tribunal Statute.

17 MR JELISIC: I plead not guilty.

18 THE REGISTRAR: Count 57, a violation of the

19 laws or customs of war recognised by Article 3 of the

20 Tribunal Statute and Article 3(1)(a) (murder) of the

21 Geneva Conventions.

22 MR JELISIC: I plead not guilty.

23 THE REGISTRAR: Count 58, a crime against

24 humanity recognised by Article 5(a) (murder) of the

25 Tribunal Statute.

Page 40

1 MR JELISIC: I plead not guilty.

2 THE REGISTRAR: Counts 62-64, beatings of

3 Muhamed Bukvic. Count 62, a grave breach recognised by

4 Article 2(c) (wilfully causing great suffering) of the

5 Tribunal Statute.

6 MR JELISIC: I plead not guilty.

7 THE REGISTRAR: Count 63, a violation of the

8 laws or customs of war recognised by Article 3 of the

9 Tribunal Statute and Article 3(1)(a) (cruel treatment)

10 of the Geneva Conventions.

11 MR JELISIC: I plead not guilty.

12 THE REGISTRAR: Count 64, a crime against

13 humanity recognised by Article 5(i) (inhumane acts) of

14 the Tribunal Statute.

15 MR JELISIC: I plead not guilty.

16 THE REGISTRAR: Counts 65-67, killing of

17 Adnan Kucalovic. Count 65, a grave breach recognised

18 by Article 2(a) (wilful killing) of the Tribunal

19 Statute).

20 MR JELISIC: I plead not guilty.

21 THE REGISTRAR: Count 66, a violation of the

22 laws or customs of war, recognised by Article 3 of the

23 Tribunal Statute and Article 3(1)(a) (murder) of the

24 Geneva Conventions.

25 MR JELISIC: I plead not guilty.

Page 41

1 THE REGISTRAR: Count 67, a crime against

2 humanity recognised by Article 5(a) (murder) of the

3 Tribunal Statute.

4 MR JELISIC: I plead not guilty.

5 THE REGISTRAR: Counts 68-70, beatings of

6 Amir Didic. Count 68, a grave breach recognised by

7 Article 2(c) (wilfully causing great suffering) of the

8 Tribunal Statute.

9 MR JELISIC: I plead not guilty.

10 THE REGISTRAR: Count 69, a violation of the

11 laws or customs of war, recognised by Article 3 of the

12 Tribunal Statute and Article 3(1)(a) (cruel treatment)

13 Geneva Conventions.

14 MR JELISIC: I plead not guilty.

15 THE REGISTRAR: Count 70, a crime against

16 humanity recognised by Article 5(i) (inhumane acts) of

17 the Tribunal Statute.

18 MR JELISIC: I plead not guilty.

19 THE REGISTRAR: Counts 74-76, general

20 conditions at Luka camp. Count 74, a grave breach

21 recognised by Article 2(c) (wilfully causing great

22 suffering) of the Tribunal Statute.

23 MR JELISIC: I plead not guilty.

24 THE REGISTRAR: Count 75, a violation of the

25 laws or customs of war recognised by Article 3 of the

Page 42

1 Tribunal Statute and Article 3(1)(a) (cruel treatment)

2 of the Geneva Conventions.

3 MR JELISIC: I plead not guilty.

4 THE REGISTRAR: Count 76, a crime against

5 humanity recognised by Article 5(i) (inhumane acts) of

6 the Tribunal Statute.

7 MR JELISIC: I plead not guilty.

8 THE REGISTRAR: Count 77, plunder of private

9 property. Count 77, a violation of the laws or customs

10 of war recognised by Article 3(e) (plunder) of the

11 Tribunal Statute.

12 MR JELISIC: I plead not guilty.

13 JUDGE JORDA: Thank you, Madam Registrar.

14 Goran Jelisic, you may be seated. The

15 Tribunal has taken note of the fact that you have

16 pleaded not guilty to all of the counts contained in

17 the indictment produced by the Prosecutor. Having said

18 this, which is now the reality of this case file,

19 I turn to the Prosecutor to ask where we are with the

20 proceedings.

21 Mr Prosecutor, are you now prepared to set

22 the date for a hearing, and then I have to ask

23 Mr Pantelic if he would like to file any preliminary

24 motions. I have not forgotten the request that

25 Mr Pantelic wanted to make.

Page 43

1 Mr Prosecutor, are you prepared, subject to

2 any delays that would be caused by preliminary motions

3 from the Defence?

4 MR BOWERS: Your Honour, we are prepared to

5 move forward at the court's pleasure. We would need

6 approximately two months to relocate witnesses but this

7 case is essentially in a trial-ready format and we are

8 ready to proceed as soon as the court has a courtroom

9 available.

10 JUDGE JORDA: Just a moment. I would not

11 like to mix up technical and legal problems. My

12 question was that if Mr Pantelic does not ask for his

13 right of a 60 day delay to file preliminary motions,

14 would you be ready to proceed to trial, regardless of

15 the technical problems concerning the room? You said

16 that you would need two months to call the witnesses.

17 What do you want to say about that?

18 MR BOWERS: Your Honour, we could start as

19 soon as the court pleases, but we need to just relocate

20 some of the witnesses in the various areas of the

21 former Yugoslavia and Europe, but when we submitted

22 this indictment it was in a trial-ready format, it is

23 simply primarily the logistics of relocating these

24 people. Many of these individuals were at refugee

25 camps, areas such as that, so they probably have

Page 44

1 relocated since the filing of the indictment, but we

2 are prepared to proceed as soon as the court would like

3 us to.

4 JUDGE JORDA: The Trial Chamber has taken

5 note that a trial could start relatively soon. Before

6 I give the floor to Mr Pantelic, I would like to remind

7 you that you have to give all the exhibits, all the

8 material that was given with the indictment to one of

9 the judges of this Tribunal, who is not in this Trial

10 Chamber, together with all the witness statements. Can

11 you give all these documents and within what delay?

12 MR BOWERS: Your Honour, all of those

13 documents have been provided to the accused before this

14 hearing.

15 JUDGE JORDA: Mr Pantelic?

16 MR PANTELIC: Your Honour, it is true, we

17 have -- I will show you, it is not more than 50

18 pages of supporting material, which is I assume at this

19 moment everything which the Prosecutor has.

20 JUDGE JORDA: There is nothing else, you only

21 have the 50 pages, is that all?

22 MR BOWERS: Yes, your Honour, those are the

23 confirming materials that we submitted to the

24 confirming judge in their entirety.

25 JUDGE JORDA: You may be seated.

Page 45

1 Mr Prosecutor, about how many witnesses do

2 you plan to call in during the -- in the trial of Goran

3 Jelisic, about?

4 MR BOWERS: Your Honour, we think we would

5 have a total of between 30 and 40 witnesses. We intend

6 to dispense with the Article 2 charges so that we would

7 not be putting on the general evidence with regard to

8 international conflict, that should significantly

9 expedite the trial.

10 JUDGE JORDA: You are asking for a

11 modification, an amendment to the indictment?

12 MR BOWERS: Your Honour, not at this time.

13 We will submit a formal motion to the court for

14 withdrawal of the Article 2 charges. I just mention

15 this to the court so that it can take that into account

16 in judging the length of the trial. In cases involving

17 Article 2 charges, it is necessary to present general

18 evidence of the international conflict. If we withdraw

19 the Article 2 charges then we will not have to present

20 that type of evidence before the court and it should

21 significantly shorten the trial.

22 JUDGE JORDA: Mr Prosecutor, I would like you

23 to confirm that for the time being you have no other

24 materials to disclose to the Defence. We do agree on

25 that, is that correct?

Page 46

1 MR BOWERS: Yes, your Honour.

2 JUDGE JORDA: Very well, thank you very

3 much. I now turn to Mr Pantelic. You confirm that you

4 received all of the documents which accompanied the

5 indictment.

6 MR PANTELIC: Yes, your Honour.

7 JUDGE JORDA: From this point on, on behalf

8 of my colleagues, I would like to know whether, in

9 principle, you do not have to answer immediately,

10 whether you intend to take advantage of the 60 days

11 that are available to you, that is 60 days which would

12 take us to 26th May, in order to file preliminary

13 motions. Let me remind you, although you must be

14 familiar with our procedures, you know that Rule 62

15 says that after the initial hearing, one of the parties

16 may raise one or several preliminary motions. Do you

17 intend to do so or do you prefer to reflect on that?

18 Are you sure that you are not going to file preliminary

19 motions? This is important for the drafting of the

20 provisional calendar for the trial.

21 MR PANTELIC: Your Honour, according to the

22 quantity and quality of material that is submitted to

23 the Defence prior to this hearing, the Defence is ready

24 for tomorrow to set up trial. We are absolutely ready

25 for tomorrow, so it is up to this Trial Chamber to

Page 47

1 arrange that. It is really not so serious after all

2 these years of collecting the evidence.

3 JUDGE JORDA: This means, Mr Pantelic, I want

4 this to be in the record, that you are not going to

5 file any preliminary motions?

6 MR PANTELIC: I can say we shall not make any

7 pre-trial motions at this moment, but if suddenly some

8 exceptional circumstances will arise, well, I will

9 reconsider my position. Thank you.

10 JUDGE JORDA: Very well. We then remind you

11 that you have 60 days for filing these preliminary

12 motions, or else we will wait for the 60 days to pass

13 in order to set the trial, or else at a given point you

14 will simply state that you are waiving your right to go

15 through to the end of the 60 days. At this point, we

16 are not asking you to commit yourself definitively

17 because, if I have understood you correctly, you are

18 stating you are not going to lodge any preliminary

19 motions but that possibly in the future there might be

20 some and that you wish to reflect further on that

21 matter.

22 MR PANTELIC: Yes, your Honour, but as

23 I stressed I would like on behalf of my client and in

24 the name of the Defence, if it is possible, to hear the

25 right date for the trial, so we can set a trial date

Page 48

1 now. The Defence is absolutely ready for that.

2 JUDGE JORDA: Mr Prosecutor, would you like

3 to propose a date? Does Madam Registrar have a date

4 that she can suggest, or more specifically and

5 completely speaking for any kind of technical

6 implications that might arise out of this, would you

7 prefer to think about it for a while or to speak about

8 it with the Prosecutor. Do you have an idea as to the

9 date of the trial?

10 MR BOWERS: Your Honours, again, I think if

11 we had 60 days to confirm the locations of our

12 witnesses and to go out and recontact them that that

13 would probably be sufficient time for us to actually

14 get all of the witnesses arranged to begin their trial

15 testimony, so it would just require essentially a two

16 month period for resolving some of the logistical

17 problems of locating the witnesses, making arrangements

18 for them to come to The Hague et cetera. Our

19 investigation is complete, we do not anticipate any

20 additional investigation, it is just going back and

21 confirming with people we have already interviewed.

22 JUDGE JORDA: We will not set the date today,

23 but we note that the Prosecutor needs a maximum of two

24 months, I say a maximum of two months, in order to

25 relocate the 30 to 40 witnesses, and Mr Pantelic, about

Page 49

1 how many witnesses do you intend to call?

2 MR PANTELIC: Roughly saying, I think around

3 50, more or less.

4 JUDGE JORDA: Very well.

5 MR PANTELIC: Sorry, your Honour, excluding

6 expert witnesses, of course, of which I have not more

7 than five or six, maybe.

8 JUDGE JORDA: So you would have at least 50

9 and about 40 -- I am trying to look at the largest

10 figures. Therefore there would be about 90 witnesses,

11 which means that like the others, these trials will be

12 rather long and then it would be best to start as

13 quickly as possible. Therefore although we cannot

14 control everything, we can say that starting today the

15 time period -- the 60 day period for filing the

16 preliminary motions will start to be counted, even

17 though some may not be used, and that the Prosecutor

18 needs about 60 days in order to find the witnesses so

19 in any case, the date cannot be set before the end of

20 March or the beginning of April. I therefore suggest

21 that we set a date for a status conference which we

22 could hold at about the end of February, that is

23 halfway through the 60 days, by which time Mr Pantelic

24 will have a better idea whether, with the agreement of

25 his client, he plans to file preliminary motions or

Page 50

1 perhaps he wants to wait for any possible amendments

2 that may be made by the Prosecutor to the indictment

3 and at that point, we will have a better idea about how

4 much time the Prosecutor will need in order to find the

5 witnesses.

6 Therefore I suggest Mr Fourmy, who is the

7 legal officer of the Trial Chamber, I do not know if we

8 can set the date for the status conference because we

9 have to see whether the courtroom is available, but it

10 will be a closed hearing which will probably take place

11 around the end of February, perhaps 27th or 28th? We

12 would need about one hour, maximum.

13 MR FOURMY: That would be possible around the

14 end of February. I would like to recall that there has

15 been a recent schedule change which gives us three

16 possible days, 18th, 19th and 20th February.

17 JUDGE JORDA: What about the last week? For

18 23rd, 24th, 25th and 26th February, but if we were to

19 do that, that would correspond with the time of the

20 Blaskic hearings and there would be the double

21 sessions, the Aleksovski and Blaskic hearings for that

22 second time of the month.

23 JUDGE JORDA: The last date of the last week

24 we might hold our status conference at 9.00 or 2.00,

25 subject to the availability of Mr Pantelic. We will

Page 51

1 inform you of the specific date, but at least we have

2 agreed that we would meet at the mid point of the 60

3 days, that is the time for filing the preliminary

4 motions and the time you need in order to locate your

5 witnesses. I think a month from now we will see things

6 a bit more clearly. At that point, we will see where

7 we are as regards disclosure of documents to

8 Mr Pantelic. It seems for one time all the documents

9 have been disclosed, which is not the case in all the

10 trials. I can only congratulate you for that. At that

11 point, complete with the other Trial Chambers and other

12 benches of judges, we will be able to set the date for

13 trial as quickly as possible. If the Prosecutor has

14 nothing else to say, Mr Pantelic wishes to file a

15 motion in closed session.

16 Do you still wish to plead your motion in a

17 closed session or is that no longer necessary? Do you

18 want to speak about it in public? As you like.

19 MR PANTELIC: As I stressed, your Honour, it

20 was not in whole form an official motion, it was just a

21 simple document, but in this particular case, I can

22 proceed with this explanation in closed session, if you

23 find that it is important; if not, in further period

24 I will inform you by our official ways, according to

25 the Rules, of course. So the question is only about

Page 52

1 one document, nothing more, without some big speech.

2 JUDGE JORDA: Thank you. Mr Prosecutor,

3 perhaps the document could be submitted and then we can

4 evaluate it. What is your opinion, Mr Prosecutor?

5 MR BOWERS: Your Honours, we are at a loss at

6 this point, we are not sure what the document is, but

7 we are certainly willing to discuss it with the Defence

8 and resolve any difficulties with the particular

9 document. It is conceivable that this could be

10 resolved outside of the Trial Chamber.

11 JUDGE JORDA: If you do not need the judges,

12 that is perfect. Mr Pantelic, perhaps you could come

13 to an agreement with the Prosecutor.

14 MR PANTELIC: It is not so directed to the

15 Prosecutor. Mostly it is for the knowledge of this

16 Trial Chamber, so I do not see any particular reason to

17 have any additional conference with the Prosecutor. It

18 was only, as I stressed, for the judicial record and

19 for the use of this Trial Chamber. That is simple.

20 I cannot do that in public.

21 JUDGE JORDA: I wish to consult with my

22 colleagues. (Pause). The Trial Chamber has decided

23 that the initial appearance hearing is now complete and

24 we can speak with the lawyer about the document that he

25 wishes to produce. At this point, we will go into a

Page 53

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17 JUDGE JORDA: We will go back into public

18 session, have the accused brought in, after which we

19 will terminate the hearing.

20 MR BOWERS: Mr President, I have just one

21 matter of clarification regarding the discovery that we

22 have provided to the accused, if we could just address

23 that briefly when the accused returns.

24 JUDGE JORDA: Yes, yes, of course. The

25 accused is coming back. Have him brought in, please.

Page 60

1 (Accused brought in)

2 JUDGE JORDA: Mr Jelisic, you may be seated.

3 Mr Jelisic, your counsel has presented the problem

4 which concerned him to us, and we thought it would be

5 good to speak with you.

6 Before we give you the floor one final time,

7 Mr Prosecutor, you had a question you wanted to ask.

8 MR BOWERS: Yes, Mr President, just as

9 a matter of clarification I wanted to make it clear

10 that the materials we have provided to the Defence is

11 all of the confirmation materials in its entirety, no

12 redactions, but with regard to the witness statements

13 and the documentary evidence for trial, we have not

14 provided that as of yet, but we can do that very

15 expeditiously if an expedited trial date is set.

16 I just wanted to put this clarification on the record

17 so there is no misunderstanding.

18 JUDGE JORDA: Yes, that was a good thing that

19 you did. I was very pleasantly surprised that you had

20 disclosed everything already -- in fact I was a little

21 bit surprised. So we have agreed, I was saying a trial

22 with only 50 pages, that is really quite exceptional,

23 but I commit you then in accordance with Rule 62(A)

24 that any declarations or other statements you have will

25 be discussed during the status conference at the end of

Page 61

1 the hearing. The closed hearing is now complete and

2 the judges would very much wish to hear what Mr Goran

3 Jelisic has to say. Have you any comments you would

4 like to make, Mr Jelisic?

5 MR JELISIC: I have nothing to say.

6 JUDGE JORDA: In that case, court stands

7 adjourned.

8 (3.55 pm)

9 (Hearing adjourned)

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