Tribunal Criminal Tribunal for the Former Yugoslavia

Page 213

1 Thursday, 29 October, 1998

2 (Further Initial Appearance)

3 (Open session)

4 --- Upon commencing at 9.44 a.m.

5 JUDGE JORDA: Please give us the case number

6 and have the accused brought in.

7 (The accused entered court)

8 THE REGISTRAR: This is case number

9 IT-95-10-PT, the Prosecutor versus Goran Jelisic.

10 JUDGE JORDA: Thank you, Mr. Registrar. I

11 think there are some photographers in this room. Thank

12 you.

13 I would like the representatives of the

14 Prosecution to introduce themselves.

15 MR. TOCHILOVSKY: Your Honours, my name is

16 Tochilovsky, and I appear with my colleague Mr. Bowers

17 for the Prosecution.

18 JUDGE JORDA: Thank you, Mr. Tochilovsky.

19 Thank you, Mr. Terree Bowers.

20 The representatives for the accused?

21 MR. LONDROVIC: Your Honours, I'm Veselin

22 Londrovic, Defence counsel for the accused, Goran

23 Jelisic. Mr. Jovan Babic, my colleague from Novi Sad,

24 appears together with me today.

25 JUDGE JORDA: Good morning, Mr. Londrovic.

Page 214

1 Good morning, Mr. Babic.

2 Mr. Jelisic, will you rise please for a

3 moment? Good morning. I believe that your counsel

4 have told you why you are appearing today. Today, for

5 you, you must confirm for the Tribunal what your plea

6 is going to be in the trial which has been brought

7 against you by the Prosecutors of the International

8 Tribunal. You have already appeared once, and further

9 to discussions with the Office of the Prosecutor,

10 yourself, and your counsel, the indictment has been

11 amended. This is further to a Status Conference which

12 was presided over by Judge Riad who was the Judge

13 assigned for that purpose.

14 As we did when you appeared for the first

15 time before the Tribunal, we are going to have another

16 initial appearance. We're going to have the indictment

17 read to you, and then the Judges will note what plea is

18 going to be yours, that is, the choice you've made

19 together with your lawyers. We would like to know

20 whether you plead guilty or not guilty.

21 Do you understand what I've just said to

22 you?

23 THE ACCUSED: Good day, Your Honours. I have

24 understood everything you've said.

25 JUDGE JORDA: Mr. Londrovic? You may be

Page 215

1 seated, Mr. Jelisic.

2 THE ACCUSED: Thank you.

3 MR. LONDROVIC: Your Honours, on behalf of

4 the Defence and on behalf of the accused, Mr. Jelisic,

5 I ask you kindly to close this session to the public

6 for a short period of time so that we could discuss

7 certain matters from our motion dated the 22nd of

8 October this year. I hope that the Trial Chamber has

9 received this motion.

10 JUDGE JORDA: Let me check. Mr. Registrar,

11 what is the document that Mr. Londrovic is referring

12 to?

13 The registrar has just told me. This will be

14 a private session, but for the public, I would like to

15 say that the initial appearance is public and it will

16 be public, but in order to present the reasons that you

17 explained in a letter, we will move into a private

18 session for a few moments.

19 Mr. Registrar, would you have the technicians

20 turn this session into a private session?

21 (Private session)

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23 (Open session)

24 JUDGE JORDA: This is a public hearing once

25 again. Mr. Registrar, we're going to ask you to read

Page 236

1 the entire indictment.

2 Let me point out to Mr. Jelisic and to his

3 counsel that we will not read those charges which deal

4 with the co-accused. I'm not going to give that

5 person's name. It's not important. However, we will

6 focus the reading on those charges which deal only with

7 Mr. Jelisic, and we will listen to his plea of guilty

8 or not guilty.

9 Mr. Jelisic, at the proper time for pleading,

10 I will ask you to rise, and this is not the time to do

11 so, and you will say to us very clearly whether you

12 plead guilty or not guilty.

13 Let me remind you so that things will be

14 clear, the provisions of Rule 62, with which you must

15 be familiar, that the right of the accused to counsel

16 is respected, that we will have the indictment read to

17 the accused in a language that he speaks and

18 understands, and that the accused understands the

19 indictment. This was done during the initial

20 appearance, and you were asked to plead guilty or not

21 guilty to each of the charges.

22 Let me remind you, and I say this to your

23 counsel as well, that if the accused does not plead,

24 then you will be considered as having pleaded not

25 guilty and your rights will be fully respected. In

Page 237

1 case the question of the plea of guilty comes into

2 play, there is Rule 62 bis that we can refer to, that

3 if the accused pleads guilty or requests that his plea

4 of not guilty be retracted, this must be made voluntary

5 and not be equivocal, and that there are sufficient

6 factual bases for the crime and the accused's

7 participation in it.

8 All of this must have been explained to you

9 in conversations with your counsel.

10 Mr. Registrar, would you now read us the

11 indictment for the Prosecutor against Goran Jelisic?

12 Please, don't forget to turn the microphone on.

13 THE REGISTRAR: The Prosecutor against Goran

14 Jelisic, Second Amended Indictment, Louise Arbour,

15 Prosecutor of the International Criminal Tribunal for

16 the former Yugoslavia, pursuant to her authority under

17 Article 18 of the Statute of the International Criminal

18 Tribunal for the former Yugoslavia, charges:

19 1) Beginning on about 30 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 238

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 7 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 7 May,

11 1992 until a about 21 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 the 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 or two

25 disposal areas where the bodies were piled until they

Page 239

1 were later loaded on trucks and taken to mass graves

2 outside the town of Brcko or disposed of in other

3 ways.

4 4) From about 21 May, 1992 until early July

5 1992, the detainees were subjected to beatings and,

6 less frequently than before, killings.

7 5) In early July 1992, the surviving Luka

8 detainees were transferred to another detention camp at

9 Batkovic.

10 6) During the time Luka camp operated, the

11 Serb authorities killed hundreds of Muslim and Croat

12 detainees.

13 The Accused:

14 7) On about 1 May, 1992, Goran Jelisic, who

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

16 from Bijeljina where he had worked as an agricultural

17 machinery mechanic. During most of May 1992, Goran

18 Jelisic held a position at Luka camp and called himself

19 the "Serb Adolf."

20 JUDGE JORDA: Just read the relevant

21 paragraphs.

22 THE REGISTRAR: 8) Ranko Cesic, who was born

23 in 1964 in Drvar, lived in Brcko before the war.

24 During May and June 1992, he acted under the apparent

25 authority of the Brcko police and held a position of

Page 240

1 authority at Luka camp.

2 General Allegations:

3 9) At all times relevant to this indictment,

4 a state of armed conflict existed in the Republic of

5 Bosnia and Herzegovina.

6 10) At all relevant times, Goran Jelisic and

7 Ranko Cesic were required to abide by the laws and

8 customs governing the conduct of war, including the

9 Geneva Conventions of 1949.

10 11) Goran Jelisic and Ranko Cesic are

11 individually responsible for the crimes alleged against

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

13 the Tribunal Statute. Individual criminal

14 responsibility includes committing, planning,

15 initiating, ordering, or aiding and abetting in the

16 planning, preparation, or execution of any crime

17 referred to in Articles 2 to 5 of the Tribunal

18 Statute.

19 12) All acts and omissions charged as crimes

20 against humanity were part of a widespread, systematic

21 or large-scale attack directed against the Muslim and

22 Croat civilian population of Brcko.

23 13) Paragraphs 9 to 13 are re-alleged and

24 incorporated into each of the charges set forth below.

25 Charges: Count 1, genocide.

Page 241

1 14) In May 1992, Goran Jelisic, intending to

2 destroy a substantial or significant part of the

3 Bosnian Muslim people as a national, ethnical, or

4 religious group, systematically killed Muslim detainees

5 at the Laser Bus Company, the Brcko police station, and

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

7 said that he had come to Brcko to kill Muslims, and

8 often informed the Muslim detainees and others of the

9 number of Muslims he had killed. In addition to

10 killing countless detainees, whose identities are

11 unknown, Goran Jelisic personally killed the victims

12 described in paragraphs 16-25, 30, and 33. By these

13 actions, Goran Jelisic committed or aided and abetted:

14 Count 1: Genocide, a crime recognized by

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

16 JUDGE JORDA: Mr. Jelisic, would you rise,

17 please? Mr. Jelisic, do you hear me? Will you please

18 rise? The first count has been read. This is the

19 count of genocide. You heard it as it was read by the

20 registrar. What I'm asking you is, as regards this

21 count of genocide, which is recognised by Article

22 4(2)(a) of the Tribunal Statute, do you plead guilty or

23 not guilty?

24 THE ACCUSED: I plead not guilty.

25 JUDGE JORDA: Therefore, you plead not

Page 242

1 guilty.

2 Mr. Babic, Mr. Londrovic, that is the meaning

3 of the answer.

4 Mr. Jelisic, you said that "I don't feel

5 guilty." This is your opinion, if you like. What I'm

6 asking you is whether procedurally you plead guilty or

7 not guilty? Do you want your counsel to say that you

8 are pleading not guilty?

9 THE ACCUSED: I am not guilty.

10 JUDGE JORDA: You are pleading not guilty; is

11 that correct?

12 Mr. Londrovic, Mr. Babic, let there be no

13 ambiguity here.

14 Mr. Babic?

15 MR. BABIC: No. There isn't.

16 JUDGE JORDA: Please be seated, Mr. Jelisic.

17 We will skip Counts 2 and 3, which refer to the

18 co-accused, and move to Counts 4 and 5.

19 THE REGISTRAR: Counts 4 and 5, killing of an

20 unknown male.

21 16) On about 6 or 7 May, 1992, Goran Jelisic

22 escorted an unknown male detainee down the street near

23 the Brcko police station and then shot him in the head

24 with a Scorpion pistol. By these actions, Goran

25 Jelisic committed:

Page 243

1 Count 4: 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

4 Conventions.

5 JUDGE JORDA: As regards this count, Count 4,

6 Mr. Jelisic, you've heard it. Do you plead guilty or

7 not guilty?

8 THE ACCUSED: I understand Count 4, and I

9 plead guilty to a violation of the laws or customs of

10 war.

11 JUDGE JORDA: As regards Count 5,

12 Mr. Registrar?

13 THE REGISTRAR: Count 5: a crime against

14 humanity recognized by Article 5(a) (murder) of the

15 Tribunal Statute.

16 JUDGE JORDA: Do you plead guilty or not

17 guilty, Mr. Jelisic?

18 THE ACCUSED: I am guilty of a crime against

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

20 Statute.

21 JUDGE JORDA: All right. We will move on to

22 Counts 6 and 7.

23 THE REGISTRAR: Counts 6 and 7, killing of

24 Hasan Jasarevic.

25 17) On about 7 May, 1992, Goran Jelisic,

Page 244

1 using a Scorpion pistol, shot and killed Hasan

2 Jasarevic, a Muslim detainee who had fled the Brcko

3 police station. By these actions, Goran Jelisic

4 committed:

5 Count 6: a violation of the laws or customs

6 of war recognised by Article 3 of the Tribunal Statute

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

8 JUDGE JORDA: Do you plead guilty or not

9 guilty, Mr. Jelisic, to Count 6?

10 THE ACCUSED: I plead guilty to Count 6, a

11 violation of the laws or customs of war, recognised by

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

13 (murder) of the Geneva Conventions.

14 JUDGE JORDA: Count 7?

15 THE REGISTRAR: Count 7: a crime against

16 humanity recognized by Article 5(a) (murder) of the

17 Tribunal Statute.

18 JUDGE JORDA: Do you plead guilty or not

19 guilty?

20 THE ACCUSED: I plead guilty to Count 7, a

21 crime against humanity recognised by Article 5(a) of

22 the Tribunal Statute.

23 JUDGE JORDA: Thank you, Mr. Registrar.

24 THE REGISTRAR: Counts 8 and 9, killing of a

25 young man from Sinteraj.

Page 245

1 18) On about 7 May, 1992, Goran Jelisic left

2 the Brcko police station with a young man from the

3 neighbourhood of Sinteraj, whose identity is unknown.

4 Goran Jelisic escorted the young man away from the

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

6 and killed. By these actions, Goran Jelisic

7 committed:

8 Count 8: 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

11 Conventions.

12 JUDGE JORDA: Do you plead guilty or not

13 guilty?

14 THE ACCUSED: I plead guilty of the violation

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

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

17 the Geneva Conventions.

18 JUDGE JORDA: Count 9?

19 THE REGISTRAR: Count 9: a crime against

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

21 Tribunal Statute.

22 JUDGE JORDA: Do you plead guilty or not

23 guilty?

24 THE ACCUSED: I plead guilty to a crime

25 against humanity recognised by Article 5(a) of the

Page 246

1 Tribunal Statute.

2 JUDGE JORDA: Continue.

3 THE REGISTRAR: Counts 10 and 11, killing of

4 Ahmet Hodzic or Hadzic.

5 19) On about 7 May, 1992, Goran Jelisic took

6 the Muslim detainee Ahmet Hodzic, also known as Papa, a

7 leader of the Brcko SDA (Muslim political party),

8 outside the Brcko police station. Goran Jelisic took

9 Ahmet Hodzic to the same place where Goran Jelisic,

10 earlier that day, had killed a young detainee from

11 Sinteraj. After reaching the area, Goran Jelisic shot

12 and killed Ahmet Hodzic. By these actions, Goran

13 Jelisic committed:

14 Count 10: a violation of the laws or customs

15 of war recognised by Article 3 of the Tribunal Statute

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

17 JUDGE JORDA: Do you plead guilty or not

18 guilty, Mr. Jelisic?

19 THE ACCUSED: I plead guilty to a violation

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

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

22 Geneva Conventions.

23 JUDGE JORDA: Count 11.

24 THE REGISTRAR: Count 11: a crime against

25 humanity recognized by Article 5(a) (murder) of the

Page 247

1 Tribunal Statute.

2 JUDGE JORDA: Do you plead guilty or not

3 guilty?

4 THE ACCUSED: I plead guilty on Count 11, a

5 crime against humanity recognized by Article 5(a)

6 (murder) of the Tribunal Statute.

7 JUDGE JORDA: Counts 12 and 13.

8 THE REGISTRAR: Counts 12 and 13, killing of

9 Suad.

10 20) On about 7 May, 1992, Goran Jelisic took

11 a Muslim detainee named Suad from the Brcko police

12 station. Goran Jelisic walked Suad to the same area

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

14 Hodzic and a young man from Sinteraj. After reaching

15 the area, Goran Jelisic shot and killed Suad. By these

16 actions, Goran Jelisic committed:

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 JUDGE JORDA: Do you plead guilty or not

21 guilty?

22 THE ACCUSED: I plead guilty on Count 12 for

23 a violation of the laws or customs of war, recognised

24 by Article 3 of the Tribunal Statute and Article

25 3(1)(a) of the Geneva Conventions.

Page 248

1 THE REGISTRAR: Count 13: a crime against

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

3 Tribunal Statute.

4 JUDGE JORDA: Do you plead guilty or not

5 guilty?

6 THE ACCUSED: I plead guilty on Count 13, a

7 crime against humanity recognised by Article 5(a)

8 (murder) of the Tribunal Statute.

9 JUDGE JORDA: Continue.

10 THE REGISTRAR: Counts 14 and 15, killing of

11 Sead Cerimagic and Jasminko Cumurovic.

12 21) On about 8 May, 1992, Goran Jelisic took

13 the Muslim detainee Sead Cerimagic, also known as Cita,

14 and Jasminko Cumurovic, also known as Jasce; Jasmin,

15 from the main hangar building at Luka camp. Goran

16 Jelisic shot and killed Jasminko Cumurovic. By these

17 actions, Goran Jelisic committed:

18 Count 14: a violation of the laws or customs

19 of war recognised by Article 3 of the Tribunal Statute

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

21 JUDGE JORDA: Do you plead guilty or not

22 guilty?

23 THE ACCUSED: I plead guilty on Count 14, a

24 violation of the laws or customs of war recognised by

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

Page 249

1 (murder) of the Geneva Conventions.

2 THE REGISTRAR: Count 15: a crime against

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

4 Tribunal Statute.

5 JUDGE JORDA: Do you plead guilty or not

6 guilty?

7 THE ACCUSED: I plead guilty on Count 15, a

8 crime against humanity recognised by Article 5(a)

9 (murder) of the Tribunal Statute.

10 JUDGE JORDA: Thank you. Continue,

11 Mr. Registrar.

12 THE REGISTRAR: Counts 16 and 17, killing of

13 Huso and Smajil Zahirovic.

14 22) On about 8 May, 1992, at Luka camp, Goran

15 Jelisic took two Muslim brothers from Zvornik, Huso and

16 Smajil Zahirovic, outside the main hangar building

17 where he shot and killed one of them. By these

18 actions, Goran Jelisic committed:

19 Count 16: a violation of the laws or customs

20 of war recognised by Article 3 and of the Tribunal

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

22 Conventions.

23 JUDGE JORDA: Do you plead guilty or not

24 guilty?

25 THE ACCUSED: I plead guilty on Count 16, a

Page 250

1 violation of the laws or customs of war, recognised by

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

3 (murder) of the Geneva Conventions.

4 THE REGISTRAR: Count 17: a crime against

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

6 Tribunal Statute.

7 JUDGE JORDA: Do you plead guilty or not

8 guilty?

9 THE ACCUSED: I plead guilty on Count 17, a

10 crime against humanity recognised by Article 5(a)

11 (murder) of the Tribunal Statute.

12 THE REGISTRAR: Counts 18 and 19, killing of

13 Naza Bukvic.

14 23) On about 9 May, 1992 near the main hangar

15 building at Luka camp, Goran Jelisic beat Naza Bukvic

16 with a police baton and then shot and killed her. By

17 these actions, Goran Jelisic committed:

18 Count 18: a violation of the laws or customs

19 of war recognised by Article 3 of the Tribunal Statute

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

21 JUDGE JORDA: Do you plead guilty or not

22 guilty, Mr. Jelisic?

23 THE ACCUSED: I plead guilty on Count 18, a

24 violation of the laws or customs of war recognised by

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

Page 251

1 (murder) of the Geneva Conventions.

2 THE REGISTRAR: Count 19: a crime against

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

4 Tribunal Statute.

5 THE ACCUSED: I plead guilty on Count 19, a

6 crime against humanity recognised by Article 5(a)

7 (murder) of the Tribunal Statute.

8 JUDGE JORDA: Continue.

9 THE REGISTRAR: Counts 20 and 21, killing of

10 Muharem Ahmetovic.

11 24) On about 9 May, 1992, Goran Jelisic

12 called the Muslim detainee Muharem Ahmetovic, the

13 father the Naza Bukvic, from the main hangar building

14 at Luka camp and shot and killed him. By these

15 actions, Goran Jelisic committed:

16 Count 20: 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 JUDGE JORDA: Do you plead guilty or not

20 guilty?

21 THE ACCUSED: I plead guilty to Count 20, a

22 violation of the laws or customs of war recognised by

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

24 (murder) of the Geneva Conventions.

25 THE REGISTRAR: Count 21: a crime against

Page 252

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

2 Tribunal Statute.

3 JUDGE JORDA: Do you plead guilty or not

4 guilty?

5 THE ACCUSED: I plead guilty on Count 21, a

6 crime against humanity recognised by Article 5(a)

7 (murder) of the Tribunal Statute.

8 JUDGE JORDA: Continue, Mr. Registrar.

9 THE REGISTRAR: Counts 22 and 23, killing of

10 Stipo Glavocevic.

11 25) On about 9 May, 1992, Goran Jelisic shot

12 and killed a Croat detainee named Stipo Glavocevic,

13 also known as Stjepo, just outside the entrance to the

14 main hangar. By these actions, Goran Jelisic

15 committed:

16 Count 22: 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 THE ACCUSED: I plead guilty on Count 22, a

20 violation of the laws or customs of war recognised by

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

22 (murder) of the Geneva Conventions.

23 JUDGE JORDA: Continue.

24 THE REGISTRAR: Count 23: a crime against

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

Page 253

1 Tribunal Statute.

2 THE REGISTRAR: I plead guilty on Count 23, a

3 crime against humanity recognised by Article 5(a)

4 (murder) of the Tribunal Statute.

5 JUDGE JORDA: Registrar, you may continue,

6 but you are going to skip Counts 24 to 29, which do not

7 concern Mr. Jelisic but the co-accused in this

8 indictment, and move to Counts 30 and 31, please.

9 THE REGISTRAR: Counts 31 and 32, beatings of

10 Zejcir and Resad Osmic.

11 29) Between 10 and 12 May, 1992, Goran

12 Jelisic beat the Muslim brothers, Zejcir and Resad

13 Osmic, with a baton. Both brothers suffered head

14 injuries, and Resad lost consciousness as a result of

15 the beatings. By these actions, Goran Jelisic

16 committed:

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) (cruel treatment) of the Geneva

20 Conventions.

21 JUDGE JORDA: Mr. Jelisic?

22 THE ACCUSED: I plead guilty to Count 30, a

23 violation of the laws or customs of war recognised by

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

25 (cruel treatment) of the Geneva Conventions.

Page 254

1 THE REGISTRAR: Count 31: a crime against

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

3 the Tribunal Statute.

4 THE ACCUSED: I plead guilty on Count 31, a

5 crime against humanity recognised by Article 5(i)

6 (inhumane acts) of the Tribunal Statute.

7 JUDGE JORDA: Continue, Mr. Registrar.

8 THE REGISTRAR: Counts 32 and 33, killing of

9 Novalija.

10 30) On about 12 May, 1992, in the main hangar

11 at Luka camp, Goran Jelisic beat Novalija, an elderly

12 Muslim man, with a police baton. Novalija died as a

13 result of the beatings. By these actions, Goran

14 Jelisic committed:

15 Count 32: 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 THE ACCUSED: I plead guilty to Count 32, a

19 violation of the laws or customs of war recognised by

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

21 of the Geneva Conventions.

22 JUDGE JORDA: Continue.

23 THE REGISTRAR: Count 33: a crime against

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

25 Tribunal Statute.

Page 255

1 THE ACCUSED: I plead guilty on Count 33, a

2 crime against humanity recognised by Article 5(a)

3 (murder) of the Tribunal Statute.

4 JUDGE JORDA: Continue. You will skip Counts

5 34 and 35.

6 THE REGISTRAR: Counts 36 and 37, beatings of

7 Muhamed Bukvic.

8 32) On about 13 May, 1992 at Luka camp, Goran

9 Jelisic used a baton to beat the Muslim detainee

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

11 Goran Jelisic committed:

12 Count 36: a violation of the laws or customs

13 of war recognised by Article 3 of the Tribunal Statute

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

15 Conventions.

16 THE ACCUSED: I plead guilty to Count 36, a

17 violation of the laws or customs of war recognised by

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

19 (cruel treatment) of the Geneva Conventions.

20 THE REGISTRAR: Count 37: a crime against

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

22 the Tribunal Statute.

23 THE REGISTRAR: I plead guilty to Count 37, a

24 crime against humanity recognised by Article 5(i)

25 (inhumane acts) of the Tribunal Statute.

Page 256

1 THE REGISTRAR: Counts 38 and 39, killing of

2 Adnan Kucalovic.

3 33) On about 18 May, 1992, at Luka camp,

4 Goran Jelisic shot and killed Adnan Kucalovic. By

5 these actions, Goran Jelisic committed:

6 Count 38: a violation of the laws or customs

7 of war recognised by Article 3 of the Tribunal Statute

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

9 Conventions.

10 THE ACCUSED: I plead guilty to Count 38, a

11 violation of the laws or customs of war recognised by

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

13 (murder) of the Geneva Conventions.

14 THE REGISTRAR: Count 39: a crime against

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

16 Tribunal Statute.

17 THE REGISTRAR: I plead guilty to Count 39, a

18 crime against humanity recognised by Article 5(a)

19 (murder) of the Tribunal Statute.

20 THE REGISTRAR: Counts 40 and 41, beatings of

21 Amir Didic.

22 34) Between about 20 May and 28 May, 1992, at

23 Luka camp, Goran Jelisic beat the Muslim detainee Amir

24 Didic with a police baton causing Amir Didic to lose

25 consciousness. By these actions, Goran Jelisic

Page 257

1 committed:

2 Count 40: 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 THE ACCUSED: I plead guilty to Count 40, a

7 violation of the laws or customs of war recognised by

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

9 (cruel treatment) of the Geneva Conventions.

10 THE REGISTRAR: Count 41: a crime against

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

12 the Tribunal Statute.

13 JUDGE JORDA: Mr. Jelisic?

14 THE ACCUSED: I plead guilty to Count 41, a

15 crime against humanity recognised by Article 5(i)

16 (inhumane acts) of the Tribunal Statute.

17 JUDGE JORDA: I think that we will not read

18 Counts 42 and 43.

19 THE REGISTRAR: Count 44, plunder of private

20 property.

21 36) From about 7 May to about 28 May, 1992,

22 Goran Jelisic stole money belonging to persons detained

23 at Luka camp, including Hasib Begic, Zejcir Osmic, Enes

24 Zukic, and Armin Drapic. By these actions, Goran

25 Jelisic committed:

Page 258

1 Count 44: a violation of the laws or customs

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

3 Tribunal Statute.

4 JUDGE JORDA: Do you plead guilty or not

5 guilty, Mr. Jelisic?

6 THE ACCUSED: I plead guilty to Count 44, a

7 violation of the laws or customs of war recognised by

8 Article 3(e) (plunder) of the Tribunal Statute.

9 JUDGE JORDA: Signed by the Deputy

10 Prosecutor, Graham Blewitt, dated the 19th of October,

11 1998 at The Hague.

12 JUDGE JORDA: Thank you, Mr. Jelisic. You

13 may be seated.

14 We must now speak about a certain number of

15 methods that we are going to use in order to move

16 forward. I would like to tell the Office of the

17 Prosecutor and the Defence that we find ourselves in a

18 rather mixed situation. We have an accused who is

19 pleading guilty to almost all of the counts, but pleads

20 not guilty to Count 1, that is, the count of genocide.

21 Let me remind you that as regards pleas of

22 guilt, which concern almost all of the counts in the

23 indictment, ordinarily, according to Rule 62 bis, and

24 unless he is to retract his plea of not guilty, the

25 Trial Chamber can now set the date for the sentencing

Page 259

1 hearing, but it must be ensured that the three

2 conditions indicated in Rule 62 bis have been

3 satisfied, that the guilty plea has been made

4 voluntarily, that the guilty plea is not equivocal, and

5 that there is sufficient factual basis for the crime

6 and the accused's participation in it, either on the

7 basis of independent indices or of a lack of any

8 material disagreement between the parties about the

9 facts of the case.

10 As regards the application of the first

11 condition, if the guilty plea was made voluntarily and

12 is not equivocal, I suggest that in respect of what has

13 just been said that, of course, we will record that the

14 accused has pleaded guilty, and should he retract that,

15 he should retract that as quickly as possible.

16 As regards the third condition, let me say

17 this, in light of the fact that, at the beginning of

18 this hearing, the Defence counsel indicated a certain

19 psychological condition. The counsel then retracted

20 their request to postpone this hearing, but I would

21 like to remind you that the plea of guilty must be made

22 voluntarily and must not be equivocal. We know today

23 that this was done, that it was done voluntarily, that

24 it was not equivocal, but nonetheless, we are not going

25 to set the sentencing hearing date today.

Page 260

1 I would like to be sure about the third

2 condition, that is, that there is an agreement or that

3 there is no material disagreement between the parties

4 about the facts of the case about which Mr. Jelisic has

5 pleaded guilty.

6 Mr. Prosecutor?

7 MR. TOCHILOVSKY: With regard to the facts to

8 which Goran Jelisic pleaded guilty, there is no

9 disagreement between the Prosecution and the accused

10 and his Defence lawyers.

11 JUDGE JORDA: Mr. Londrovic or Mr. Babic?

12 MR. LONDROVIC: Your Honours, what

13 Mr. Tochilovsky said is exactly the case.

14 JUDGE JORDA: Mr. Babic, do you agree with

15 your colleague?

16 MR. BABIC: Yes. For a long time, the

17 Prosecutors, the Defence counsel, and the accused have

18 been working together, and the outcome of that is what

19 the Honourable Trial Chamber has before it today. I am

20 fully in agreement with what Mr. Tochilovsky and what

21 Mr. Londrovic have said.

22 JUDGE JORDA: Are we now in a position to set

23 a date for the sentencing hearing? A second

24 possibility is, would you prefer that all this be

25 related to the second aspect of our case, that is, the

Page 261

1 question of genocide and the fact that, to that count,

2 Mr. Jelisic has pleaded not guilty and we're going to

3 have a trial?

4 As regards my second question, if you prefer

5 that the possible sentence be handed down at the time

6 of the final sentence regarding genocide, would you

7 prefer that we postpone the date for that hearing?

8 What is your opinion on that, Mr. Tochilovsky?

9 MR. TOCHILOVSKY: Your Honours, before moving

10 to this issue, there are two questions we would like

11 the accused to clarify. We would like the accused to

12 make it clear that the guilty plea wasn't affected by

13 any threats, inducements, or promises.

14 Secondly, we would like the accused to make

15 it clear that he understands that the facts to which

16 the accused admitted at this hearing will be used by

17 the Prosecution, among other facts, in the trial on

18 genocide.

19 Thank you, Your Honours.

20 JUDGE JORDA: Mr. Londrovic, you heard what

21 Mr. Tochilovsky said. What is your point of view?

22 MR. LONDROVIC: Yes. I have understood, Your

23 Honours, what Mr. Tochilovsky is proposing. As far as

24 we are concerned, there are no problems whatsoever.

25 Mr. Jelisic states that this is his voluntary

Page 262

1 statement, that nothing was promised to him, that he

2 was not forced to enter such a plea. Mr. Jelisic is

3 aware of the fact that the Prosecutor is going to use

4 all of this for Count 1, genocide.

5 However, the Defence shall do its best and

6 hopes that it will convince this Honourable Court that

7 Mr. Jelisic did not commit the crime of genocide. We

8 shall attempt to do so during the trial.

9 As far as the Defence is concerned, we

10 propose that first we move to trial on Count 1,

11 genocide, and then you hold a sentencing hearing.

12 JUDGE JORDA: Mr. Jelisic, you have heard

13 what was said. You understood what was said, that is,

14 the fact that your plea of guilty has been recognised

15 as valid by this Tribunal, and you must have a clear

16 consciousness of what you are doing, what you are

17 saying. Your counsel has explained to you what a crime

18 against humanity is, what violations of the laws or

19 customs of law are, and that you did not receive any

20 threats, nor were given any promises.

21 Do you feel today that you are in a position

22 to say that that is the case, that you were not

23 subjected to any pressure, that you were not given any

24 promises, and that you're sure that those acts that you

25 are saying that you are guilty of, that as part of the

Page 263

1 trial of genocide that will be held against you for

2 which you pleaded not guilty, that these other facts

3 can be used.

4 Can you say to the Judges today that you are

5 in that position, that is, that you made your guilty

6 pleas voluntarily, non-equivocally, without pressure,

7 without promises, and that this can be used against you

8 as part of the trial for genocide. Can you answer

9 these various questions?

10 First of all, did you understand the sense of

11 what I just asked you?

12 THE ACCUSED: Could you please put your

13 questions one at a time and could I answer them that

14 way?

15 JUDGE JORDA: Yes, of course. I hadn't quite

16 understood the interpretation there.

17 First of all, I wanted to ask you the

18 question: When you plead guilty or not guilty, that

19 you were not threatened, which would have forced you

20 into making that plea of guilty, that there were no

21 pressures, you were not subjected to any pressure or

22 any kind of moral pressure? Do you understand what I'm

23 asking you? Did somebody force you, as Judge Riad has

24 just suggested that I express myself in that way?

25 THE ACCUSED: I understand you, Your Honour.

Page 264

1 No one promised me anything. No one threatened me. No

2 one blackmailed me. It was my own goodwill that I

3 admit the crime and save my soul, because there is no

4 reason for me to keep this within myself.

5 JUDGE JORDA: Did your counsel call your

6 attention to the violations that -- not explaining it

7 to you in a very broad manner, but did they explain to

8 you what a crime against humanity, what violations of

9 the laws or customs of war are? These are items which

10 are somewhat indite, and this is why you have counsel.

11 Did they explain to you what sentences you might be

12 given, which could go as far as life imprisonment? Was

13 this explained to you by your counsel? Did you

14 understand what they explained to you?

15 THE ACCUSED: Yes, Your Honours. In contact

16 with my lawyers, on several occasions, they explained

17 this to me in detail and what the consequences of this

18 may be. At any expense, I decided to admit these

19 crimes, and I know that even life imprisonment may

20 follow, but never mind. It is up to you to decide on

21 my sentence after the trial, and I decided to admit.

22 JUDGE JORDA: Very well. Let me turn to your

23 Defence counsel. Have you had the feeling,

24 Mr. Londrovic, Mr. Babic, that you have called to the

25 attention of your client all of the consequences that

Page 265

1 may arise from his plea?

2 MR. LONDROVIC: Your Honours, as Mr. Jelisic

3 said, my distinguished colleague Mr. Babic and I, and

4 as of late Mr. Kostic as well, who, due to illness, is

5 not here today, we have explained to Mr. Jelisic the

6 essence of what a crime against humanity is and what a

7 war crime is. We explained to him the gravity of these

8 crimes. We told him about the sentences. We also told

9 him what all the rights are that he is waiving on the

10 basis of the Statute and the Rules when he pleads

11 guilty.

12 Professionally, we even advised him not to

13 plead guilty to a crime against humanity. However,

14 Mr. Jelisic decided to reveal his soul, as he said

15 himself to this Honourable Trial Chamber, to simply

16 cleanse his soul and to sincerely repent for what he

17 has done.

18 JUDGE JORDA: Thank you. Let me now turn to

19 the Office of the Prosecutor. We now find ourselves in

20 the situation in which the questions you asked were

21 answered clearly. Do you feel that you were given

22 clear answers to the questions that you were asked?

23 MR. TOCHILOVSKY: Yes, Your Honour.

24 JUDGE JORDA: Very well. I would like to

25 consult with my colleagues.

Page 266

1 The Judges have deliberated, pursuant to the

2 provisions of Rule 62 bis, and have noted that the

3 guilty plea was made voluntarily, that it was not

4 equivocal, and that it was done in full knowledge of

5 the facts, and that the elements provided by the Office

6 of the Prosecutor in support of this hearing are

7 sufficient to establish the crime and the accused's

8 participation in it, either on the basis of these

9 elements and/or the fact that there was no fundamental

10 disagreement between the parties as regards all of the

11 facts of this case for which Goran Jelisic decided to

12 plead guilty.

13 Nonetheless, the Judges feel that concerning

14 the fact that there is one count, that is, Count 1,

15 genocide, to which the accused did not plead guilty,

16 the Judges consider that they will declare that the

17 accused is guilty on all the other counts after the

18 trial on genocide.

19 Let my explain myself. The Judges consider

20 that condition 1 of Rule 62 bis has been satisfied, as

21 has 2 and that 3 has been satisfied. The Judges could

22 state that the accused is guilty today, but since there

23 will be a trial for genocide, before pronouncing a

24 single sentence, the Judges will make that statement at

25 the end of the trial for genocide.

Page 267

1 In any case, for that case, there must be a

2 trial which will allow us to move to a final sentencing

3 decision, not only in respect of the conduct of the

4 trial on genocide, but on all of the elements,

5 including the guilty pleas of Goran Jelisic, which were

6 made in the trial for genocide.

7 Is that clear? Defence counsel?

8 Prosecution?

9 MR. TOCHILOVSKY: Yes, it is, Your Honour.

10 JUDGE JORDA: Mr. Babic, Mr. Londrovic? All

11 right.

12 Mr. Jelisic, have you understood the Trial

13 Chamber's position?

14 THE ACCUSED: Yes. I have understood, Your

15 Honours.

16 JUDGE JORDA: Let me remind you that there is

17 a Pre-Trial Judge who, in this case, is Judge Riad. If

18 you agree, we will suspend the hearing today, and I

19 invite Judge Riad, at a date that Mr. Fourmy will set

20 with the judge, a date for a Status Conference so that

21 we can know when we can move, first of all, into the

22 genocide trial, and then the handing down of the

23 sentence once the Trial Chamber has declared the

24 accused guilty of the crimes to which he pleaded

25 guilty.

Page 268

1 The Court stands adjourned.

2 --- Whereupon the hearing adjourned at

3 11.15 a.m. sine die

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