1 Wednesday, 14 October 1998

2 (Open session)

3 --- Upon commencing at 9.58 a.m.

4 JUDGE JORDA: Excuse me, the interpreter

5 cannot hear this. There is a problem with this

6 microphone? Okay.

7 THE REGISTRAR: (No microphone)

8 JUDGE JORDA: Have the accused brought in,

9 please.

10 (The accused entered court)

11 JUDGE JORDA: Thank you, I would like the

12 representatives of the office of the Prosecutor to

13 introduce themselves.

14 MR. NICE: Geoffrey Nice is my name.

15 INTERPRETER: Microphone, please.

16 MR. NICE: Geoffrey Nice is my name, Kenneth

17 Scott sitting with me.

18 JUDGE JORDA: For the Defence.

19 MR. NAUMOVSKI: Your Honours, it is an honour

20 for me to introduce myself before this Court. My name

21 is Mitko Naumovski and I am attorney for Dario Kordic

22 not Mario Cerkez.

23 MR. KOVACIC: Good morning, Mr. President,

24 Your Honours, my name is Bozidar Kovacic and I am the

25 Defence counsel for the accused Mario Cerkez.

1 JUDGE JORDA: Registrar, would you give me a

2 piece of paper so I can be sure I'm spelling the names

3 of the parties correctly. Thank you. Do not apologise

4 for reintroducing yourself to the Tribunal, this is a

5 frequent occurrence. Let me turn to the accused. They

6 know why they are here. I would like to rapidly

7 summarise the purpose of this meeting. First, excuse

8 the Tribunal for the delay. The hearing was supposed

9 to be at 10.00 and then it was at 9.30 and you see we

10 are beginning at 10.00 for technical reasons that are

11 independent of our own will. Please excuse us, we will

12 now begin the hearing.

13 Let me remind you that this status was --

14 this is the result of, this is being held pursuant to

15 Rule 15 of the Rules of Procedure and Evidence, that is

16 myself and Judge Rodrigues who will be here. We have

17 been seized by an order of 30th September 1998 that was

18 signed by McDonald who had been the confirming judge

19 for the indictment against the accused, Dario Kordic

20 and Mario Cerkez.

21 In respect of that order a new indictment was

22 filed at the request of the Prosecutor. It has now

23 been signed, it was signed on the 2nd of October; is

24 that not right, Mr. Registrar?

25 THE REGISTRAR: Yes, that's correct.

1 JUDGE JORDA: And therefore, according to

2 Rule 50B of our Rules of Procedure and Evidence, we

3 must now have a further initial appearance of Mario

4 Cerkez and Dario Kordic and that is what we're going to

5 do. We will not go back to all of the formalities of

6 Rule 62, but before the indictment is read I might

7 first ask the Defence attorneys if this indictment has,

8 in fact, been submitted to the accused and if they

9 understood the contents of it before we read it?

10 Mr. Naumovski.

11 MR. NAUMOVSKI: I can say as the Defence

12 counsel for Dario Kordic, I can say that he has

13 received the indictment in the that language he

14 understands, that is the Serbo-Croatian language. He

15 has studied it together with me and he does not

16 understand, I think that is what he said, he does not

17 understand what he is being indicted for.

18 MR. KOVACIC: The indictee Mario Cerkez has

19 received the indictment. He has understood it in the

20 language that he understands and he does understand

21 what he is being indicted for and charged under the

22 indictment.

23 JUDGE JORDA: Thank you. Then, if Judge

24 Rodrigues agrees with me, we can now read the

25 indictment which will be done by Mr. Dubuisson, that is

1 the reading of the indictment as confirmed by Judge

2 McDonald on the 30th of September and signed by the

3 office of the Prosecutor on October the 2nd.

4 Mr. Dubuisson, if you would please do the

5 following: When we come to the counts, for each count

6 I will ask the accused to rise and to state whether

7 they plead guilty or not guilty, which will avoid

8 unnecessary waste of time which would force us to go

9 back to the counts. Do you agree with that? I turn to

10 the Defence attorneys.

11 MR. NAUMOVSKI: Of course, we do agree.

12 JUDGE JORDA: All right. Mr. Dubuisson, you

13 can now read the indictment.

14 THE REGISTRAR: "The Prosecutor against Dario

15 Kordic and Mario Cerkez, amended indictment.

16 The Prosecutor of the International Criminal

17 Tribunal for the former Yugoslavia, pursuant to their

18 authority under Article 18 of the Statute of the

19 International Criminal Tribunal for the former

20 Yugoslavia. The Statute of the Tribunal charges:

21 Dario Kordic and Mario Cerkez with crimes against

22 humanity, grave breaches of the Geneva Conventions and

23 violations of the laws or customs of war.

24 Background

25 1. The events alleged in this indictment

1 took place against the background of the break-up of the

2 former Yugoslavia. The Republic of Croatia declared

3 its independence on 25 June 1991, the implementation of

4 which was suspended until 8 October 1991. The Republic

5 of Croatia was recognised by the European Community on

6 15 January 1992 and admitted by the United Nations as a

7 member state on 22 May 1992. The Republic of Bosnia

8 and Herzegovina declared its independence on 3 March

9 1992 and was recognised by the European Community on 6

10 April 1992 and admitted by the United Nations as a

11 member state on 22 May 1992.

12 2. At times relevant to the indictment, the

13 Croatian Democratic Union (the "HDZ") was a principal

14 and influential political party in Croatia. Some of

15 the HDZ's stated goals were to establish "the

16 sovereignty of the Croatian people" and their

17 "inalienable right to self-determination, including

18 the right to secession of the entire Croatian nation

19 inside its historical and natural borders," and to

20 promote "the economic and spiritual association between

21 Croatia and Bosnia and Herzegovina which comprise (or

22 constitute) a natural inseparable geopolitical entity

23 and whose historical fate (or destiny) is directed

24 toward partnership."

25 JUDGE JORDA: If you would please indicate

1 when they are quotes. Thank you.

2 THE REGISTRAR: 3. At times relevant to the

3 indictment, the Croatian Democratic Union of Bosnia and

4 Herzegovina, (the "HDZ-BiH") was a principal Bosnia

5 Croat political party in the Republic of

6 Bosnia-Herzegovina. Among the HDZ-BiH's stated goals

7 were "securing the right of the Croatian people to

8 self-determination, including the right to secession."

9 4. The Croatian Community of Herceg-Bosna,

10 (the "HZ H-B") proclaimed its existence on 18 November

11 1991, claiming to be a separate or distinct "political,

12 cultural, economic and territorial whole," in the

13 territory of Bosnia and Herzegovina. Among its

14 purposes was the establishment of closer ties to or a

15 union with Croatia, as evidenced by the HZ H-B's use of

16 Croatian currency, the Croatian language and the

17 granting of Croatian citizenship by Croatia to Bosnian

18 Croats. The HZ H-B's presidency included a President,

19 two Vice-Presidents and a Secretary. The President's

20 powers included the appointment of executive and

21 administrative authorities. On 28 August 1993 the HZ

22 H-B declared itself the Croatian Republic of

23 Herceg-Bosna, ("HR H-B"), with its two principal

24 officers being a President and a single

25 Vice-President. Neither the HZ H-B nor the HR H-B were

1 ever recognised by the International Community, and the

2 HZ H-B was declared illegal by the constitutional court

3 of Bosnia and Herzegovina on or about 14 September

4 1992.

5 5. By Article 2 of the 18 November 1991

6 decision on the establishment of the HZ H-B, the HZ H-B

7 (and later the HR H-B) consisted of the following

8 municipalities in the territory of Bosnia and

9 Herzegovina: Jajce, Kresevo, Busovaca, Vitez, Novi

10 Travnik, Travnik, Kiseljak, Fojnica, Skender Vakuf

11 (Dobretici), Kakanj, Vares, Kotor Varos, Tomislavgrad,

12 Livno, Kupres, Bugojno, Gornji Vakuf, Prozor, Konjic,

13 Jablanica, Posusje, Mostar, Siroki Brijeg, Grude,

14 Ljubuski, Citluk, Capljina, Neum, Stolac and Trebinje

15 (Ravno). By virtue of Article 4 of the same decision,

16 the municipality of Zepce was added to the

17 HZ H-B/HR H-B in about October 1992.

18 6. The Croatian Defence Council (the "HVO")

19 the was established in or about April 1992 and was the

20 HZ H-B's and HR H-B's supreme executive, administrative

21 and defence authority. The creation of municipal HVOs

22 was authorised and such HVOs were subsequently

23 established beginning in or about June 1992 as the

24 municipal executive and military power. The HVO and

25 every HVO member were subject and accountable to the

1 HZ H-B presidency, which in turn executed its powers

2 and objectives through the HVO.

3 7. From approximately November 1991 to March

4 1994 various persons and groups associated or directed,

5 instigated, supported or aided and abetted by the HDZ,

6 the HDZ-BiH, the HZ H-B/HR H-B and HVO and various of

7 their political, municipal and administrative bodies,

8 armed forces, police, paramilitary and special units,

9 caused, planned, prepared, instigated, supported,

10 directed and engaged in a campaign of persecutions and

11 ethnic cleansing and committed serious violations of

12 international humanitarian law against the Bosnian

13 Muslim population residing in the HZ H-B/HR H-B and the

14 municipality of Zenica in the territory of Bosnia and

15 Herzegovina.

16 The Accused and Superior Authority

17 Dario Kordic

18 8. Dario Kordic, son of Pero, was born on 14

19 December 1960 in Sarajevo in the Republic of Bosnia and

20 Herzegovina. He studied at the University of Sarajevo

21 where he concentrated on political science and then

22 worked as a journalist.

23 9. Dario Kordic was an active member of the

24 HDZ-BiH and rose to positions of increasing power,

25 authority and influence in the Bosnian Croat

1 leadership. He was part of the highest circle of

2 political and military leaders in the HDZ-BiH, the HZ

3 H-B, the HR H-B and HVO. In 1991, Dario Kordic was

4 named president of the HDZ-BiH in the municipality of

5 Busovaca and also president of the Travnik Regional

6 Community. As president of the Travnik Regional

7 Community Dario Kordic co-chaired a meeting of the

8 HDZ-BiH on 12 November 1991 where it was declared that

9 "the Croatian people in Bosnia-Herzegovina finally has

10 to start conducting a decisive and active policy which

11 would bring about the realisation of our eternal dream

12 a joint Croatian state." Several days later, on 18

13 November 1991, Dario Kordic was one of the leaders who

14 signed the decision establishing the HZ H-B and became

15 one of its two Vice-Presidents, in which position he

16 continued until approximately August 1993. By virtue

17 of his position as a Vice-President, Dario Kordic was

18 also a member of the HZ H-B presidency, which also

19 functioned as the HZ H-B's legislative body. When the

20 HR H-B was declared in August 1993, Dario Kordic was

21 named Vice-President, in which position he continued at

22 times relevant to the indictment. Beginning on or

23 about 10 July 1994, he became president of the

24 HDZ-BiH. At times relevant to the indictment Dario

25 Kordic represented himself and was regarded by others

1 as a senior HVO official, and signed --

2 JUDGE JORDA: Does it say -- there was an

3 error in the French reading.

4 THE REGISTRAR: He signed orders and

5 documents as a senior HVO official. By his roles and

6 positions, Dario Kordic exercised power, command and

7 authority in and over the HVO and his activities and

8 operations.

9 10. Dario Kordic, by virtue of his various

10 offices, positions and authorities, his relationships

11 with key Croatian and Bosnian Croat leadership figures

12 and his political and military power in the HZ H-B/HR

13 H-B, exerted power, influence and control over the

14 political and military aims and operations of the

15 HDZ-BiH, the HZ H-B, the HR H-B and HVO. Dario Kordic

16 demonstrated power, influence, authority and control on

17 numerous occasions and in numerous ways including, by

18 example, making policy and strategic decisions,

19 negotiating cease-fire agreements on behalf of the HVO,

20 issuing orders that would directly or indirectly of a

21 military nature or consequence, representing himself as

22 a HVO Colonel, Vice-President or other senior HVO

23 official, dressing in military attire, having a

24 military operations room in his office at the PTT

25 building in Busovaca, a countermanding cease-fire

1 agreement when the terms were not suitable to him,

2 appointing and dismissing persons to or from various

3 offices, jobs and positions, issuing orders for the

4 arrest or release of influential Muslims detained by

5 the HVO, authorising travel and freedom of movement

6 through various HVO-controlled territories, obtaining

7 the release of stolen or seized vehicles or property,

8 and negotiating the passage of relief convoys or United

9 Nations vehicles through various checkpoints.

10 Mario Cerkez

11 11. Mario Cerkez, son of Tugomir, was born

12 on the 27th of March 1959 in the village of Rijeka,

13 municipality of Vitez, in the Republic of Bosnia and

14 Herzegovina. He worked as a car mechanic and a clerk

15 at the SPS factory.

16 12. Mario Cerkez became the commander of the

17 HVO Brigade in or about the municipality of Vitez (the

18 "HVO Vitez Brigade") in 1992, and he remained in such

19 position at all times relevant to the charges in this

20 indictment. His position within the HVO meant that he

21 was under the command of Tihomir Blaskic who was then

22 the HVO Central Bosnia Operative Zone Commander. Mario

23 Cerkez's authority and duties as a commander are set

24 fort in the decree on the armed forces of the Croatian

25 Community of Herceg-Bosna, dated the 17 of October

1 1992, which provides that a commander in his position

2 was responsible for the combat readiness of the troops

3 under his command and the mobilisation of the armed

4 forces and police units and had the authority to

5 appoint and dismiss commanders.

6 13. At all times relevant to the charges in

7 this indictment Mario Cerkez, by virtue of the

8 positions and authority described above, demonstrated

9 or exercised his control in military matters in a

10 variety of ways including, by example, negotiating

11 cease-fire agreements with opposing civil and military

12 figures from within the Muslim community, negotiating

13 with United Nations officials, issuing orders to deploy

14 troops and other units under the command and

15 controlling the detention and treatment of detained

16 civilians.

17 General allegations

18 14. In each paragraph charging crimes

19 against humanity, a crime recognised by Article 5 of

20 the Statute of the Tribunal, the alleged acts or

21 omissions were part of widespread, large-scale or

22 systematic acts or conduct directed against Bosnian

23 Muslim Civilian populations residing in the HZ H-B/HR

24 H-B and the municipality of Zenica in the territory of

25 Bosnia and Herzegovina.

1 15. At all times relevant to this

2 indictment, a state of international armed conflict and

3 partial occupation existed on the territory of the

4 Republic of Bosnia and Herzegovina.

5 16. All acts or omissions herein set fort as

6 grave breaches of the Geneva Conventions of 1949,

7 (hereafter "grave breaches"), recognised by Article 2

8 of the Statute of the Tribunal, occurred during such

9 international conflict and partial occupation.

10 17. All the victims referred to in the

11 charges contained in this indictment were at all

12 relevant times persons protected by the Geneva

13 Conventions of 1949.

14 18. The accused in this indictment were

15 required to abide by the mandate of the laws and

16 customs governing the conduct of war, including the

17 Geneva Conventions of 1949.

18 19. Dario Kordic, from about November 1991

19 to approximately March 1994 is individually responsible

20 for the crimes charged against him in this indictment

21 pursuant to Article 7(1) of the Statute of the

22 Tribunal. Individual criminal responsibility includes

23 committing, planning, instigating, initiating, ordering

24 or aiding and abetting the planning, preparation or

25 execution of any acts or omissions set fort in this

1 indictment.

2 20. Dario Kordic, from November 1991 to

3 approximately March 1994 is also alternatively

4 criminally responsible as a superior for the acts of

5 his subordinates pursuant to Article 7(3) of the

6 Statute of the Tribunal. A superior is criminally

7 responsible for the acts of his subordinate if the

8 superior knew or had reason to know that his

9 subordinate was about to commit such acts or had done

10 so and the superior failed to take necessary and

11 reasonable measures to prevent further such acts or to

12 punish his subordinate. As to each charge in the

13 indictment, Dario Kordic, in addition to being

14 individually responsible, knew or had reason to know,

15 and it was foreseeable that persons subordinate to him

16 were about to commit various crimes, persecutions and

17 illegal acts, or had done so and failed to take

18 necessary and reasonable measures to prevent such

19 crimes, persecutions and acts or punish the

20 perpetrators thereof.

21 21. Mario Cerkez, from about April 1992 to

22 approximately August 1993 is individually responsible

23 for the crimes charged against him in this indictment

24 pursuant to Article 7(1) of the Statute of the

25 Tribunal. Individual criminal responsibility includes

1 committing, planning, instigating, initiating, ordering

2 or aiding and abetting the planning, preparation or

3 execution of any acts or omissions set fort in this

4 indictment.

5 22. Mario Cerkez, from about April 1992 to

6 approximately August 1993 is also or alternatively

7 criminally responsible as a superior for the acts of

8 his subordinates pursuant to Article 7(3) of the

9 Statute of the Tribunal. A superior is criminally

10 responsible for the acts of his subordinate if the

11 superior knew or had reason to know that his

12 subordinate was about to commit such acts or had done

13 so and the superior failed to take necessary and

14 reasonable measures to prevent further such acts or to

15 punish the subordinate. As to each charge in the

16 indictment, Mario Cerkez, in addition to being

17 individually responsible, knew or had reason to know,

18 and it was foreseeable that persons subordinate to him

19 were about to commit various crimes, persecutions and

20 illegal acts, or had done so and failed to take

21 necessary and reasonable measures to prevent such

22 crimes, persecutions and acts, or punish the

23 perpetrators thereof.

24 23. The general allegations continued in

25 paragraph 1 through 22, as well as the allegations in

1 paragraphs 24 through 35 below, are re-alleged and

2 incorporated in each charge.

3 Charges

4 24. One of the principal aims of the

5 HDZ-BiH, the HZ H-B, the HR H-B and the HVO was to

6 control various municipalities and territories in

7 Bosnia and Herzegovina and connect or unify them with

8 the Republic of Croatia. To achieve this aim, the

9 HDZ-BiH, the HZ H-B, the HR H-B and the HVO caused,

10 planned, instigated, prepared and initiated, supported

11 and executed a political military campaign to gain

12 control of these territories and to ethnically cleanse

13 them of, or substantially reduce and subjugate, the

14 Bosnian Muslim population. This campaign was carried

15 out by various practices, means and methods which

16 demonstrated, by their pattern, consistency and

17 frequency, that an orchestrated and widespread campaign

18 was implemented throughout the HZ H-B/HR H-B and the

19 municipality of Zenica from about the 18 of November

20 1991, when the HZ H-B proclaimed its existence to

21 approximately the 1st of March 1994 when the Washington

22 Agreement was signed.

23 25. In his various high ranking positions

24 and through the power and influence that he exercised,

25 Dario Kordic played a central role in developing,

1 establishing and executing the policies, objectives and

2 strategies of the HDZ-BiH, the HZ B-H, HR H-B and the

3 HVO. Along with others, he launched, planned,

4 instigated, prepared, ordered, committed and aided and

5 abetted a political military campaign to persecute and

6 terrorise Bosnian Muslims, which involved, or resulted

7 in the commission of serious violations of

8 international humanitarian law. Dario Kordic was a

9 definite integral and important figure in the whole

10 campaign and had power, authority and responsibility to

11 direct, control and shape its policies and execution,

12 and to prevent, limit or punish crimes violations or

13 abuses which occurred or were carried out in the

14 campaign. He publicly advocated the campaign's goals

15 and encouraged and instigated the ethnic hatred, strife

16 and distrust which served its ends.

17 26. Dario Kordic extended his fear of

18 authority, commanded influence over a wide range of

19 municipalities and was closely involved in preparing,

20 instigating and carrying out the campaign's objectives

21 and operations. Dario Kordic not only personally

22 voiced and promoted the campaign's objectives and

23 participated in various criminal acts, but was also

24 aware of and had every reason to know in the highly

25 charged and volatile environment of Bosnia and

1 Herzegovina of the dangers, abuses and consequences of

2 the campaign's policies and objectives and the courses

3 of conduct that he and others set in motion.

4 Persecution, oppression and violence against Bosnian

5 Muslim civilians, institutions and property were fully

6 foreseeable and no adequate steps were taken to

7 prevent, stop or punish such abuses and violations.

8 Dario Kordic knew or had reason to know that various

9 subordinates and aiders and abettors were about to

10 persecute and oppress Bosnian Muslims, or had done so,

11 and failed to take the necessary and reasonable

12 measures to prevent such acts or to punish the

13 perpetrators.

14 27. As a HVO commander, Mario Cerkez

15 implemented by military means the HDZ-BiH's, the HZ

16 H-B's, the HR H-B's and the HVO's goals, practices and

17 objectives, and committed and aided and abetted the

18 persecution campaign. He was the commander of the HVO

19 Vitez Brigade which was directly and actively involved

20 in the wide-scale persecution against Bosnian Muslim

21 civilians. Mario Cerkez also knew or had reason to

22 know that various subordinates and aiders and abettors

23 under his control were about to persecute and oppress

24 Bosnian Muslim civilians or had done so and failed to

25 take the necessary and reasonable measures to prevent

1 such acts or to punish the perpetrators.

2 28. The campaign of persecution, violence

3 and ethnic cleansing was perpetrated and carried out on

4 a widespread or systematic basis by various means and

5 methods, including attacks on cities, towns and

6 villages with no military significance inhabited by

7 Bosnian Muslim civilians and killing and causing

8 serious injury to Bosnian Muslim civilians. Many of

9 the attacks commenced early in the morning when most of

10 the inhabitants were in their homes and asleep. At

11 least 100 defenceless Bosnian Muslim civilians,

12 including women, children, the elderly and the infirm

13 were killed and many wounded or harmed in their homes

14 or yards while attempting to hide or escape from the

15 HVO attacks, or bombardments, or after they had been

16 detained by the HVO.

17 29. Detention and imprisonment were other

18 means used to persecute Bosnian Muslims who were

19 systematically selected, detained and imprisoned in HZ

20 H-B, HR H-B and HVO detention facilities on political,

21 racial, ethnic or religious grounds. Imprisoned and

22 otherwise detained Bosnian Muslim civilians were

23 subjected to physical and psychological abuse,

24 including beatings and sexual assaults and suffered

25 inhumane deprivations of basic necessities, such as

1 adequate food, water, shelter and clothing. There was

2 often little or no medical attention and overcrowded

3 and unsanitary conditions.

4 30. As part of the persecutions, Bosnian

5 Muslims were forced to proclaim their allegiance to the

6 HZ H-B, HR H-B, and/or the HVO, or face losing their

7 jobs. Many Bosnian Muslims, were dismissed or removed

8 from government, municipal and other positions or

9 relegated to positions of no real power or authority.

10 31. Many of the Bosnian Muslims who were

11 imprisoned and detained were also forced to dig

12 trenches in hostile and otherwise hazardous conditions,

13 were used in forced labour, used as hostages to promote

14 the HZ H-B/HR H-B and HVO political military objectives

15 and also used as human shields. Some such persons were

16 killed in the course of being detained and forced to

17 engage in such activities.

18 32. The persecution again Bosnian Muslims

19 was also accomplished by encouraging instigating and

20 fomenting hatred, distrust and division on political,

21 racial, ethnic or religious grounds by propaganda

22 speeches and otherwise.

23 33. The widespread persecution of Bosnian

24 Muslims also included coercing, intimidating,

25 terrorising and forcibly transferring such civilians

1 from their homes and villages. Many of the persecuted

2 Bosnian Muslims were either killed, transferred or

3 forced to move to Muslim-dominated areas outside the

4 municipalities of Vitez, Novi Travnik and Busovaca.

5 Many of the detained or transferred civilians were

6 taken to HVO checkpoints, and then made to walk to

7 Bosnian Muslim territory.

8 34. To promote and advance this ethnic

9 cleansing, various members of the HDZ-BiH, the HZ H-B,

10 the HR H-B and the HVO, together with their agents and

11 others instigated, caused and engaged in the wanton and

12 extensive destruction and plundering of Bosnian and

13 Muslim property with no military justification.

14 Bosnian Muslim dwellings and buildings, as well as

15 civilian personal property and livestock were destroyed

16 or severely damaged. Bosnian Muslim businesses were

17 blown up and destroyed. Many of these acts and much of

18 this damage was meant to ensure that the Muslim

19 inhabitants could not or would not return to their

20 homes and communities. In addition, many Bosnian

21 Muslim buildings, sites and institutions dedicated to

22 religion or education were targeted for destruction or

23 otherwise damaged or violated.

24 35. As a result of the persecution and

25 ethnic cleansing campaign, the Bosnian Muslim civilian

1 population was substantially reduced and relocated from

2 those areas of the HZ H-B/HR H-B where the HDZ-BiH, the

3 HZ H-B, HR H-B and the HVO and their leaders and agents

4 seized control.

5 COUNT 1

6 Persecutions

7 36. From about November 1991 to

8 approximately March 1994, Dario Kordic, together with

9 various members of the HDZ-BiH, the HZ H-B/HR H-B, and

10 the HVO and their leaders, armed forces and agents

11 caused, planned, instigated ordered or committed or

12 aided and abetted the planning, preparation or

13 execution of a crime against humanity. That is, the

14 widespread or systematic persecutions of Bosnian Muslim

15 civilians on political, racial, ethnic or religious

16 grounds, throughout the HZ H-B/HR H-B and the

17 municipality of Zenica in the territory of Bosnia and

18 Herzegovina.

19 37. This campaign of widespread or

20 systematic persecutions was perpetrated, executed and

21 carried out by or through the following means:

22 (A) attacking cities, towns and villages

23 inhabited by Bosnian Muslim civilians.

24 (B) killing and causing serious junior or

25 harm to Bosnian Muslim civilians, including women,

1 children, the elderly and infirm, both during and after

2 such attacks.

3 (C) encouraging instigating and promoting

4 hatred, distrust and strife on political, racial,

5 ethnic or religious grounds by propaganda, speeches and

6 otherwise.

7 (D) selecting detaining and imprisoning

8 Bosnian Muslims on political racial ethnic or religious

9 grounds.

10 (E) dismissing and removing Bosnian Muslims

11 from government, municipal and other positions.

12 (F) coercing intimidating, terrorising and

13 forcibly transferring Bosnian Muslim civilians from

14 their homes and villages.

15 (G) physical and psychological abuse inhumane

16 acts, inhuman treatment, forced labour and depravation

17 of basic human necessities, such as adequate food,

18 water, shelter and clothing, against Bosnian Muslims

19 who were detained or imprisoned.

20 (H) using detained or imprisoned Bosnian

21 Muslims to dig trenches.

22 (I) using detained or imprisoned Bosnian

23 Muslims as hostages and human shields.

24 (J) wanton and ex-extensive destruction or

25 plundering of Bosnian Muslim civilian dwellings,

1 buildings, businesses and civilian personal property

2 and livestock; and

3 (K) the destruction and wilful damage of

4 institutions dedicated to Muslim religion or

5 education.

6 JUDGE JORDA: Mr. Kordic, would you rise,

7 please. What has just been read, that is paragraphs,

8 36 and 37, constitute count 1, the charge of

9 persecution, the registrar will read the exact wording

10 of the count and then I will ask you what you intend to

11 plead.

12 THE REGISTRAR: By these acts and omissions

13 Dario Kordic committed:

14 Count 1: A crime against humanity as recognised by

15 Article 5(h), 7(1) and 7(3) (persecutions on political

16 racial or religious grounds) of the Statute of the

17 Tribunal.

18 JUDGE JORDA: Mr. Kordic, do you plead guilty

19 or not guilty?

20 THE ACCUSED KORDIC: Good morning, Your

21 Honours, I have understood this count of the indictment

22 and I believe that I am not guilty.

23 JUDGE JORDA: You are not guilty. You are

24 saying that. But are you going to plead not guilty?

25 You must -- the terms must be very exact, that is to

1 tell your counsel that you are pleading not guilty,

2 that the, all the proceedings will be developed further

3 to your plea of not guilty. All right, Mr. Naumovski

4 do you agree with that?

5 MR. NAUMOVSKI: Absolutely.

6 JUDGE JORDA: I know in Serbo-Croat there is

7 a distinction in the language made. I'm sure that you

8 are saying that you are not guilty, but according to

9 this procedure you must say whether you plead guilty or

10 not guilty, plead guilty or not guilty.

11 THE ACCUSED KORDIC: I shall repeat once

12 again, Your Honours, I plead not guilty.

13 JUDGE JORDA: Thank you very much. You may

14 be seated, Mr. Kordic, because we are going to move to

15 Mr. Cerkez and we will come back to you for further

16 counts. Please be seated and, registrar, please

17 continue count 2, persecutions, please.

18 THE REGISTRAR: From about 1 April 1992 to

19 September 1993, Mario Cerkez, together with various

20 members of the HDZ-BiH, the HZ H-B/HR H-B and the HVO

21 and their leaders, armed forces and agents caused,

22 planned, instigated ordered or committed or aided and

23 abetted the planning, preparation or execution of a

24 crime against humanity, that is, the widespread or

25 systematic persecutions of Bosnian Muslim civilians on

1 political racial, ethnic or religious grounds in the

2 municipalities of Vitez, Busovaca, and Novi Travnik in

3 the territory of Bosnia and Herzegovina.

4 39. This campaign of widespread or

5 systematic persecutions was perpetrated, executed and

6 carried out by or through the following means:

7 (A) attacking cities towns and villages

8 inhabited by Bosnian Muslim civilians.

9 (B) killing and causing serious injury or

10 harm to Bosnian Muslim civilians, including women,

11 children, the elderly and infirm, both during and after

12 such attacks.

13 (C) encouraging, instigating and promoting

14 hatred, distrust and strife on political, racial,

15 ethnic or religious grounds by propaganda, speeches and

16 otherwise.

17 (D) selecting, detaining and imprisoning

18 Bosnian Muslims on political, racial, ethnic or

19 religious grounds.

20 (E) coercing, intimidating, terrorising and

21 forcibly transferring Bosnian Muslim civilians from

22 their homes and villages.

23 (F) physical and psychological abuse,

24 inhumane acts, inhumane treatment, forced labour and

25 depravation of basic human necessities, such as

1 adequate food, water, shelter and clothing against

2 Bosnian Muslims who were detained or imprisoned.

3 (G) using detained or imprisoned Bosnian

4 Muslims to dig trenches.

5 (H) using detained or imprisoned Bosnian

6 Muslims as hostages and human shields.

7 (I) wanton and extensive destruction and/or

8 plundering of Bosnian Muslim civilian dwellings,

9 buildings businesses or civilian personal property and

10 livestock; and.

11 (K) the destruction and wilful damage of

12 institutions dedicated to Muslim religion or education.

13 JUDGE JORDA: Mr. Cerkez, would you rise,

14 please. You heard the paragraphs referred to count 2,

15 which involve you specifically. As I did for your

16 co-accused, I'm going to ask you whether you plead

17 guilty or not guilty.

18 MR. KOVACIC: Mr. President, I apologise, but

19 I think we have a small technical problem here. Point

20 38, which was read out, refers, first of all, to the

21 time from the 1st of April 1992 until September 1993.

22 In the order of the Court allowing the amended

23 indictment, the Prosecutor made an oral amendment and

24 this was stated in the Court's order of the 30th of

25 September in the penultimate paragraph, and on this

1 page it says until September 1993, or rather they were

2 substituted with the words until about August 1993. At

3 any rate, in point 38, it should be until about the

4 31st of August 1993.

5 JUDGE JORDA: I think that the Prosecutor is

6 going to provide an explanation. It seems there was an

7 order from Judge McDonald which was rendered on 30

8 September, which authorised the substitution in

9 paragraph 38. Is that correct, Mr. Prosecutor, to

10 change September 1993 from around August? Perhaps you

11 were not informed. Let me give the floor to Mr. Nice.

12 MR. NICE: Yes, there was an application to

13 amend, to extend the date to September 1993, and that

14 application was granted. I'm a little -- I have

15 another concern about paragraph 39 that I haven't yet

16 resolved, but maybe you would rather deal with

17 paragraph 38 to begin with.

18 JUDGE JORDA: Let's deal with things in the

19 proper order. Mr. Kovacic, are you satisfied? You may

20 be seated Mr. Nice. Please be seated.

21 Mr. Kovacic, are you satisfied with the

22 Prosecutor's answer? Myself, I had received a notice

23 of an order rendered by Judge McDonald, but I didn't

24 mention it before, but I did know about it, where she

25 had granted the Prosecutor's request for authorisation

1 to modify the amendment and to allow the substitution

2 in paragraph 38 of the draft and amended the indictment

3 of the expression around August 30, around the 31st of

4 August by September 1993, were you not informed of

5 that?

6 MR. KOVACIC: Yes, it is quite clear to me

7 now. So, the important thing is that the order and

8 indictment give the same dates, regardless of the word

9 "about".

10 JUDGE JORDA: I understand your request,

11 Mr. Kovacic, but it concerns me somewhat, because on

12 the same day that Judge McDonald supplemented, or when

13 you say that I would like the indictment to be the same

14 as the order, are we sure that this indictment is

15 corresponds specifically to Judge McDonald's order,

16 including the amendments that were made in that order,

17 or which were permitted in that order? Are we speaking

18 the same language here? Do we understand one another?

19 MR. KOVACIC: I'm not sure, either.

20 JUDGE JORDA: I'm going to try to help you.

21 The Judge McDonald rendered -- Mr. Kovacic, you have in

22 your hand there, you have both the orders, she rendered

23 two orders and you only have one, that must be the

24 source of the problem. Mr. Dubuisson, was the order

25 given to Mr. Kovacic? I'm not talking about the second

1 order of that same day.

2 THE REGISTRAR: Yes, I believe it was given

3 to the Defence.

4 JUDGE JORDA: You were informed of that.

5 MR. KOVACIC: Yes, I'm holding in my hands

6 the order of the 30th of September 1998.

7 JUDGE JORDA: I understand, but there were

8 two orders on that same day, several hours one after

9 the other. The first is confidential, but the second

10 probably was as well, but it was amended, and Judge

11 McDonald, at the request of the Prosecutor,

12 supplemented, and she was entitled to do so as a

13 confirming judge, by authorising substitution in

14 paragraph 38 of the draft amended indictment the

15 expression "September 1993" replace the "approximately

16 31 of August". What you are reading here, what is

17 being read here, rather, corresponds perfectly to the

18 two orders rendered by Judge McDonald on 30 September

19 1998. Have my explanations convinced you?

20 MR. KOVACIC: Yes, yes. Now, I see that it

21 is the same.

22 JUDGE JORDA: I can even give it to you.

23 Here it is, if you want to see it. All right.

24 Registrar, you will have the second order of 30

25 September submitted to Mr. Kovacic and that order --

1 let me give the floor back to the Prosecutor. Did you

2 have another question?

3 MR. NICE: Your Honour, there is a problem I

4 only just detected. The indictment as read accords

5 entirely with the French version, but in both the

6 English version and the BCS versions, whereas in the

7 French version under paragraph 39, there are

8 subparagraphs 8K, in the English version and in the BCS

9 version, there are only subparagraphs A to J. What has

10 been omitted in translation is --

11 JUDGE JORDA: I have to admit that I really

12 didn't look at the English version, Mr. Nice.

13 MR. NICE: I'm so sorry this problem has

14 developed, but it is obviously important that the

15 subparagraphs should be the same in all translation

16 versions, particularly since the defendants may be

17 following it in their own language. If you just give

18 me one second, I will identify the paragraph.

19 JUDGE JORDA: You are raising an important

20 question, let me remind you that the indictment, after

21 Judge McDonald's confirmation was assigned by Mr. Gavin

22 Ruxton on behalf of Mrs. Arbour on 2 October

23 1998. It is true, I've got the English version in

24 front of me. I hadn't checked it before, but that was

25 really not my responsibility. I'm working in one of

1 the two official languages of the Tribunal and I was

2 supposed to be able to consider that both versions

3 would be exactly the same.

4 Perhaps, Mr. Nice, you must say to us in

5 public what does correspond and what does not. We're

6 not going to have Mr. Mario Cerkez come back for yet

7 another initial appearance. I want to be sure that

8 what was read to him in French does indicate in

9 paragraph 39k. Let me say, which is destruction and

10 wilful damage of institutions dedicated to Muslim

11 religion, or education. But I think that the k in

12 French corresponds to j in English that the destruction

13 and wilful damage of institutions.

14 Do you see how you are forcing me to speak

15 English, Mr. Nice? You see, I believe it's

16 subparagraph e. In the French version is the, all the

17 Bosnian Muslims from the administration through various

18 means and otherwise. The French is not very good here,

19 but at any rate, that's what it says. I would like to

20 thank -- I think the English version the e is not

21 there, you want the e to be there. The French version

22 is correct.

23 MR. NICE: I think probably the French

24 version is incorrect, but if you just give us a couple

25 of minutes, because at all times we have been trying to

1 consider it and we have been having to listen to

2 material coming over the headsets.

3 JUDGE JORDA: You're saying that the French

4 translators added a paragraph.

5 MR. NICE: I'm not saying that. Will you

6 just give me a couple of moments to work out what has

7 happened so that we can ensure the proceedings today

8 are in no way defective.

9 JUDGE JORDA: In order not to waste any time,

10 perhaps we might ask the registrar to continue reading,

11 we will skip that passage and ask Mr. Cerkez to wait

12 for a few moments while the Prosecutor can check on

13 things, if everyone agrees, and we can continue to read

14 paragraph 40. And during that time you can check the

15 French and English versions to be sure the accused

16 knows exactly and very specifically what he is accused

17 of.

18 Mr. Registrar, would you move to page 10 in

19 the French text? Thank you, Mr. Kovacic, we will come

20 back to that. Go ahead, Mr. Dubuisson, we will

21 continue.

22 THE REGISTRAR: Mr. Kordic.

23 Counts 3-4

24 Unlawful attacks on civilian and civilian

25 objects.

1 40. From about January of 1993 to

2 approximately October 1993, Dario Kordic, together with

3 members of the HZ H-B/HR H-B and HVO and their leaders,

4 armed forces and agents caused, planned, instigated,

5 ordered or committed or aided and abetted the plan,

6 preparation or execution of unlawful attacks on

7 civilians and civilian objects and wanton destruction,

8 not justified by military necessity, in the following

9 cities, towns and villages on about the dates

10 indicated: Busovaca, January 1993; Merdani, January

11 1993; Vitez, April 1993; Stari Vitez, April 1993;

12 Vercerusja-Donja Veceriska, April 1993; Ahmici, April

13 1993; Nadioci, April 1993; Pirici, April 1993; Santici,

14 April 1993; Loncari, April 1993; Putis, April 1993;

15 Ocehnici, April 1993; Rotilj, April 1993; Zenica, April

16 1993; Novi Travnik, October 1993; Stupni Do, October

17 1993.

18 JUDGE JORDA: Would you please rise,

19 Mr. Kordic? Thank you. There are two counts which the

20 registrar will read, first count 3.

21 THE REGISTRAR: By these acts and omissions,

22 Dario Kordic committed:

23 Count 3: A violation of the laws or customs of war as

24 recognised by Articles 3, 7(1) and 7(3) of the Statute

25 of the Tribunal and customary law, Article 51(2) of

1 Additional Protocol I and Article 13(2) of Additional

2 Protocol II (unlawful attack on civilians).

3 JUDGE JORDA: Do you plead guilty or not

4 guilty, Mr. Kordic?

5 THE ACCUSED KORDIC: Your Honours, I plead

6 not guilty.

7 JUDGE JORDA: Thank you. Count 4,

8 Mr. Registrar.

9 THE REGISTRAR: Count 4: A violation of the

10 laws or customs of war as recognised by Articles 3,

11 7(1) and 7(3) of the Statute of the Tribunal and

12 customary law and Article 52(1) of Protocol I (unlawful

13 attack on civilian objects).

14 JUDGE JORDA: Do you plead guilty or not

15 guilty?

16 THE ACCUSED KORDIC: Your Honours, I have

17 understood this count of the indictment and I, once

18 again, plead not guilty.

19 JUDGE JORDA: Thank you. Before continuing,

20 we're going to go back to Mr. Mario Cerkez. Did you

21 solve this problem, Mr. Nice? What is the version that

22 you want to have read to Mr. Mario Cerkez? Is it the

23 French version, which I have in front of me, which is

24 in the same indictment here, it is in French as well?

25 MR. NICE: No, it's the English version is

1 correct, and the paragraph that has been entered in the

2 French version by entirely understandable error, I

3 suspect, on the part of the translators is subparagraph

4 e, which deals with the removal from office of

5 civilians. That should not be there, and in the

6 English version it is not there. So, that one can

7 imagine how it happened, because otherwise the

8 subparagraphs --

9 JUDGE JORDA: You're saying that the

10 subparagraph e in French should be deleted.

11 MR. NICE: Yes.

12 JUDGE JORDA: It should be taken out of the

13 French version, is that what you're saying?

14 MR. NICE: That's correct and the

15 subparagraph should be appropriately renumbered.

16 JUDGE JORDA: Therefore, Mr. Prosecutor,

17 under your own supervision I want to be sure I'm not

18 making a mistake. All right, listen carefully,

19 Mr. Kovacic, small a, b, c, and d do not change in the

20 French version. That is the question, Mr. Nice, is

21 that correct? Do we agree with that?

22 MR. NICE: Yes, a, b, c, and d do not change.

23 JUDGE JORDA: All right. We will delete

24 subparagraph e Mr. Cerkez and Mr. Kovacic, therefore,

25 you are not accused by the Prosecutor of coercing,

1 intimidating, terrorising and forcibly transferring

2 Bosnian Muslim civilians from their homes and villages.

3 MR. NICE: No, subparagraph a to d are

4 properly included, subparagraph e alone is the

5 subparagraph, in French, should not be there, and

6 subparagraphs f to k should be included, but

7 appropriately renumbered.

8 JUDGE JORDA: I thought that's what I said.

9 All right, the small e.

10 MR. NICE: I apologise, I misunderstood you.

11 JUDGE JORDA: All right. Therefore,

12 coercion, the f in French becomes e; is that right,

13 Mr. Nice?

14 MR. NICE: Yes.

15 JUDGE JORDA: The g becomes f; is that

16 right?

17 MR. NICE: Correct.

18 JUDGE JORDA: The h in French, the use of

19 Muslims in Bosnia, becomes the g.

20 MR. NICE: Right.

21 JUDGE JORDA: The i in French, which was

22 read, the use of Muslims as hostages and human shields

23 becomes the h?

24 MR. NICE: Yes.

25 JUDGE JORDA: The j, which was wanton

1 destruction, becomes an i; is that correct?

2 MR. NICE: Yes.

3 JUDGE JORDA: And lastly, the, what was k,

4 the destruction becomes the j. All right, Mr. Kovacic,

5 we're not going to have yet another initial appearance,

6 do you agree with what we have just done? Mr. Kovacic,

7 I give you the floor.

8 MR. KOVACIC: Mr. President, it is all

9 right. But I just wish to mention the following,

10 because obviously I'm the only one who can say

11 something about that. The translation into the

12 Croatian language matched the English version, so, we

13 had no problem, because we have been following the

14 Serbo-Croatian and the English. Unfortunately we don't

15 speak French.

16 JUDGE JORDA: Yes, of course, it had to be

17 the French version where there had to be a probable.

18 All right, we all agree now.

19 Mr. Cerkez, this is a serious matter. We ask

20 to you concentrate. We have just head paragraph 38 and

21 39. Let me repeat, that paragraph 38, and your counsel

22 agrees, must be read as it was read by the registrar,

23 that is, that the period of the charges is between 1

24 April 1992 and September 1993. Do we understand one

25 another? And you also heard what changes were made so

1 that the French version that I read corresponds exactly

2 to the Serbo-Croatian and English versions. All

3 right. Registrar, you're going to now repeat count 2.

4 THE REGISTRAR: By these acts and omissions,

5 Mario Cerkez committed:

6 Count 2: A crime against humanity as recognised by

7 Articles 5(h), 7(1) and 7(3) of the Statute of the

8 Tribunal (persecutions on political racial or religious

9 grounds).

10 JUDGE JORDA: Do you plead guilty or not

11 guilty, Mr. Cerkez?

12 THE ACCUSED CERKEZ: Your Honours, I plead

13 absolutely not guilty.

14 JUDGE JORDA: Thank you, you may be seated.

15 We will now give the floor back to the registrar for

16 reading counts 5 and 6.

17 THE REGISTRAR: Counts 5-6

18 Unlawful attacks on civilians and civilian

19 objects

20 41. During or about April 1993 Mario Cerkez,

21 together with members of the HZ H-B/HR H-B and the HVO

22 and their leaders, armed forces and agents, caused,

23 planned, instigated, ordered or committed or aided and

24 abetted the planning, preparation or execution of

25 unlawful attacks on civilians and civilian objects and

1 wanton destruction not justified by military necessity

2 in the following cities, towns and villages on about

3 the dates indicated: Vitez, April 1993; Stari Vitez,

4 April 1993; Veceriska-Donji Veceriska, April 1993;

5 Ahmici, April 1993; Nadioci, April 1993; Pirici, April

6 1993; Santici, April 1993.

7 JUDGE JORDA: Would you please rise,

8 Mr. Cerkez? There are two counts, Mr. Registrar.

9 THE REGISTRAR: By these acts and omissions

10 Mario Cerkez, committed:

11 Count 5: A violation of the laws or customs of war as

12 recognised by Articles 3, 7(1) and 7(3) of the Statute

13 of the Tribunal and customary law, Article 51(2) of

14 Additional Protocol I and Article 13(2) of Additional

15 Protocol II (unlawful attack on civilians).

16 JUDGE JORDA: Do you plead guilty or not

17 guilty, Mr. Cerkez?

18 THE ACCUSED CERKEZ: Your Honours, I plead

19 absolutely not guilty.

20 JUDGE JORDA: Count 6, Mr. Registrar.

21 THE REGISTRAR: Count 6: A violation of the

22 laws or customs of war as recognised by Articles 3,

23 7(1) and 7(3) of the Statute of the Tribunal and

24 customary law and Article 52(1) of Protocol I (unlawful

25 attack on civilian objects).

1 JUDGE JORDA: Do you plead guilty or not

2 guilty?

3 THE ACCUSED CERKEZ: Your Honours, I plead

4 absolutely not guilty.

5 JUDGE JORDA: Thank you, you may be seated.

6 We will move now to counts 7 to 13, and this involves

7 only Mr. Kordic.

8 THE REGISTRAR: Counts 7-13

9 Wilful killing, murder, causing serious

10 injury, inhumane acts and inhumane treatment

11 42. From about January 1993 to approximately

12 October 1993, Dario Kordic, together with members of

13 the HZ H-B/HR H-B and HVO and their leaders, armed

14 forces and agents caused, planned, instigated, ordered

15 or committed or aided and abetted the planning,

16 preparation or execution of murders and wilful killings

17 of and wilful causing and infliction of serious injury

18 and great suffering to body and health, both physical

19 and mental, inhumane acts and inhuman treatment upon

20 and against Bosnian Muslims in the following cities,

21 towns and villages on about the dates indicated:

22 Busovaca, January 1993; Rotilj, April 1993; Ahmici,

23 April 1993; Nadioci, April 1993; Pirici, April 1993;

24 Santici, April 1993; Vitez, April 1993; Stari Vitez,

25 April 1993; Veceriska-Donja Veceriska, April 1993;

1 Zenica, April 1993; Tulica, June 1993; Han

2 Ploca/Grahovci, June 1993; Stupni Do, October 1993.

3 JUDGE JORDA: Mr. Kordic, rise, please.

4 There are seven counts which will be recalled now.

5 THE REGISTRAR: By these acts and omissions,

6 Dario Kordic committed:

7 Killings:

8 Count 7: A crime against humanity recognised by

9 Article 5(a) (murder), 7(1) and 7(3) of the Statute of

10 the Tribunal.

11 JUDGE JORDA: Do you plead guilty or not

12 guilty?

13 THE ACCUSED KORDIC: Your Honours, I plead

14 not guilty.

15 THE REGISTRAR: Count 8: A grave breach of

16 the Geneva Conventions of 1949, (hereinafter "grave

17 breaches"), as recognised by Articles 2(a) (wilful

18 killing), 7(1) and 7(3) of the Statute of the Tribunal.

19 JUDGE JORDA: Do you plead guilty or not

20 guilty?

21 THE ACCUSED KORDIC: Your Honours, I plead

22 not guilty.

23 THE REGISTRAR: Count 9: A violation of the

24 laws or laws or customs of war as recognised by

25 Articles 3, 7(1) and 7(3) of the Statute of the

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

2 Conventions.

3 JUDGE JORDA: Do you plead guilty or not

4 guilty.

5 THE ACCUSED KORDIC: Your Honours, I plead

6 not guilty.

7 THE REGISTRAR: Injuries:

8 Count 10: A crime against humanity as recognised by

9 Articles 5(i) (inhumane acts), 7(1) and 7(3) of the

10 institute of the Tribunal.

11 JUDGE JORDA: Do you plead guilty or not

12 guilty?

13 THE ACCUSED KORDIC: Your Honours, I plead

14 not guilty.

15 THE REGISTRAR: Count 11: A grave breach as

16 recognised by Articles 2(c) (wilfully causing great

17 suffering or serious injury to body or health), 7(1)

18 and 7(3) of the Statute of the Tribunal.

19 JUDGE JORDA: Do you plead guilty or not

20 guilty?

21 THE ACCUSED KORDIC: Your Honours, I plead

22 not guilty.

23 THE REGISTRAR: Count 12: A grave breach as

24 recognised by Articles 2(b) (inhuman treatment), 7(1)

25 and 7(3) of the Statute of the Tribunal.

1 JUDGE JORDA: Do you plead guilty or not

2 guilty?

3 THE ACCUSED KORDIC: Your Honours, again, I

4 plead not guilty.

5 THE REGISTRAR: Count 13: A violation of the

6 laws or customs of war as recognised by Articles 3,

7 7(1) and 7(3) of the Statute of the Tribunal and

8 Article 3(1)(a) (violence to life and person) of the

9 Geneva Conventions.

10 JUDGE JORDA: Do you plead guilty or not

11 guilty?

12 THE ACCUSED KORDIC: Your Honours, I plead

13 not guilty.

14 JUDGE JORDA: Very well, you may be seated.

15 That will be noted in the registry's files. So now,

16 counts 14 to 20, which concern Mr. Cerkez.

17 THE REGISTRAR: Counts 14-20

18 Wilful killing, murder, causing serious,

19 injury, inhumane acts and inhuman treatment

20 43. During or about April 1993 Mario Cerkez

21 together with members of the HZ H-B/HR H-B and the HVO

22 and their leaders, armed forces and agents caused,

23 planned, instigated, ordered or committed or aided and

24 abetted the planning, preparation or execution of

25 murders and wilful killings of and wilful causing and

1 infliction of serious injury and great suffering to

2 body and health, both physical and mental, inhumane

3 acts and inhuman treatment upon and against Bosnian

4 Muslims in the following cities, towns and villages on

5 about the dates indicated: Ahmici, April 1993;

6 Nadioci, April 1993; Pirici, April 1993; Santici, April

7 1993; Vitez, April 1993; Stari Vitez, April 1993;

8 Veceriska-Donja Veceriska, April 1993.

9 JUDGE JORDA: Mr. Cerkez, would you please

10 rise? Count 14.

11 THE REGISTRAR: By these acts and omissions,

12 Mario Cerkez committed:

13 Killings:

14 Count 14: A crime against humanity as recognised by

15 Articles 5(a) (murder), 7(1) and 7(3) of the Statute of

16 the Tribunal.

17 JUDGE JORDA: Do you plead guilty or not

18 guilty, Mr. Cerkez?

19 THE ACCUSED CERKEZ: Your Honours, I plead

20 absolutely not guilty.

21 JUDGE JORDA: Count 15.

22 THE REGISTRAR: Count 15: A grave breach as

23 recognised by Articles 2(a) (wilful killing), 7(1) and

24 7(3) of the Statute of the Tribunal.

25 JUDGE JORDA: Do you plead guilty or not

1 guilty?

2 THE ACCUSED CERKEZ: Your Honours, I plead

3 absolutely not guilty.

4 JUDGE JORDA: Count 16.

5 THE REGISTRAR: Count 16: A violation of the

6 laws or customs of war as recognised by Articles 3,

7 7(1) and 7(3) of the Statute of the Tribunal and

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

9 JUDGE JORDA: Do you plead guilty or not

10 guilty?

11 THE ACCUSED CERKEZ: Your Honours, I plead

12 absolutely not guilty.

13 THE REGISTRAR: Injuries:

14 Count 17: A crime against humanity as recognised by

15 Articles 5(i) (inhumane acts), 7(1) and 7(3) of the

16 Statute of the Tribunal.

17 JUDGE JORDA: Do you plead guilty or not

18 guilty?

19 THE ACCUSED CERKEZ: Your Honours, I plead

20 absolutely not guilty.

21 THE REGISTRAR: Count 18: A grave breach as

22 recognised by Articles 2(c) (wilfully causing great

23 suffering or serious injury to body or health), 7(1)

24 and 7(3) of the Statute of the Tribunal.

25 JUDGE JORDA: Do you plead guilty or not

1 guilty?

2 THE ACCUSED CERKEZ: Your Honours, I plead

3 absolutely not guilty.

4 THE REGISTRAR: Count 19: A grave breach as

5 recognised by Articles 2(b) (inhuman treatment), 7(1)

6 and 7(3) of the Statute of the Tribunal.

7 JUDGE JORDA: Do you plead guilty or not

8 guilty?

9 THE ACCUSED CERKEZ: Your Honours, I plead

10 absolutely not guilty.

11 THE REGISTRAR: Count 20: A violation of the

12 laws or customs of war, as recognised by Articles 3,

13 7(1) and 7(3) of the Statute of the Tribunal and

14 Article 3(1)(a), (violence to life and person) of the

15 Geneva Conventions.

16 JUDGE JORDA: Do you plead guilty or not

17 guilty?

18 THE ACCUSED CERKEZ: Your Honours, I plead

19 absolutely not guilty.

20 JUDGE JORDA: Thank you, you may be seated.

21 We will now go back to Mr. Dario Kordic for counts 21

22 through 28.

23 THE REGISTRAR: Counts 21-28

24 Imprisonment, inhuman treatment, taking of

25 hostages and use of human shields

1 44. From about the first of January 1993 to

2 approximately the 31st of March 1994, Dario Kordic,

3 together with members of the HZ H-B/HR H-B and the HVO

4 and their leaders, armed forces and agents caused,

5 planned, instigated, ordered or committed or aided

6 abetted the planning, preparation or execution of the

7 imprisonment, unlawful confinement and inhuman

8 treatment of Bosnian Muslims at the following at about

9 the following locations in the territory of Bosnia and

10 Herzegovina: Kaonik Prison, Vitez Cinema Complex,

11 Vitez Veterinary Station, SDK Offices in Vitez, The

12 chess club in Vitez, Dubravica Elementary School,

13 Municipal Building in Kiseljak, Kiseljak Barracks,

14 Rotilj village, Nova Trgovina and Silos.

15 45. Many Bosnian Muslims were expelled or

16 forcibly transferred from their homes and villages.

17 Bosnian Muslims were detained and beaten, subjected to

18 physical and/or psychological abuse, intimidation and

19 inhuman treatment, including being confined in

20 overcrowded and unsanitary conditions, deprived of

21 adequate food and water, and provided little or no

22 medical attention.

23 46. From about the 1st of January 1993 to

24 approximately the 31st of January 1994, Dario Kordic,

25 together with members of the HZ H-B/HR H-B and the HVO

1 and their leaders armed forces and agents caused

2 planned instigated ordered or committed order aided and

3 abetted the planning preparation and execution of, the

4 use of Bosnian Muslim detainees to dig trenches in

5 hostile, hazardous and combat conditions in the

6 municipalities of Kiseljak, Vitez, Busovaca, Novi

7 Travnik and Zepce, which resulted in a number of such

8 detainees being killed or injured.

9 47. From about the 1st of January 1993 to

10 approximately the 31st of January 1994, Dario Kordic,

11 together with members of the HZ H-B/HR H-B and the HVO

12 and their leaders, armed forces and agents caused

13 planned, instigated, ordered or committed or aided and

14 abetted the planning preparation or execution of the

15 use of various Bosnian Muslims detained or imprisoned

16 at the facilities or locations described in paragraph

17 44 as hostages.

18 48. From about June 1993 to approximately

19 September 1993, Dario Kordic, together with members of

20 the HZ H-B/HR H-B and the HVO and their leaders, armed

21 forces and agents, caused, planned, instigated, ordered

22 or committed or aided and abetted the planning,

23 preparation or execution of the use of Bosnian Muslims

24 as hostages in Novi Travnik in order to transfer

25 Bosnian Muslim and Bosnian Croat populations.

1 49. From about the 1st of January 1993 to

2 approximately the 31st of October 1993, Dario Kordic,

3 together with members of the HZ H-B/HR H-B and the HVO

4 and their leaders, armed forces and agents, caused,

5 planned, instigated, ordered or committed or aided and

6 abetted the planning, preparation or execution of the

7 use of Bosnian Muslims as human shields in order to

8 prevent armed forces hostile to the HVO from attacking

9 or firing on HVO positions or to force Bosnian Muslims

10 to surrender: Merdani, January 1993; Skradno,

11 January-February 1993; Strane, January-February 1993;

12 Katici, January-February 1993; Kula, April-May 1993;

13 Vitez, April 1993; Zepce, June 1993; Novi Travnik, July

14 1993.

15 JUDGE JORDA: Mr. Kordic, would you please

16 rise?

17 THE REGISTRAR: By these acts and omissions,

18 Dario Kordic committed:

19 Imprisonment, unlawful confinement:

20 Count 21: A crime against humanity as recognised by

21 Articles 5(e) (imprisonment), 7(1) and 7(3) of the

22 Statute of the Tribunal.

23 JUDGE JORDA: Do you plead guilty or not

24 guilty, Mr. Kordic?

25 THE ACCUSED KORDIC: Your Honours, I plead

1 not guilty.

2 JUDGE JORDA: Count 22.

3 THE REGISTRAR: A grave breach as recognised

4 by Articles 2(g) (unlawful confinement of civilians)

5 7(1) and 7(3) of the Statute of the Tribunal.

6 JUDGE JORDA: Do you plead guilty or not

7 guilty?

8 THE ACCUSED KORDIC: Your Honours, I plead

9 not guilty.

10 THE REGISTRAR: Inhuman and/or cruel

11 treatment of detainees:

12 Count 23: A grave breach as recognised by Articles

13 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute

14 of the Tribunal.

15 JUDGE JORDA: Do you plead guilty or not

16 guilty?

17 THE ACCUSED KORDIC: Your Honours, I plead

18 not guilty.

19 THE REGISTRAR: Count 24: Violation of the

20 laws or customs of war as recognised by Articles 3,

21 7(1) and 7(3) of the Statute of the Tribunal and

22 Article 3(1)(a) (cruel treatment) of the Geneva

23 Conventions.

24 JUDGE JORDA: Do you plead guilty or not

25 guilty?

1 THE ACCUSED KORDIC: Your Honours, I plead

2 not guilty.

3 THE REGISTRAR: Hostages:

4 Count 25: A grave breach as recognised by Articles

5 2(h) (taking civilians as hostages), 7(1) and 7(3) of

6 the Statute of the Tribunal.

7 JUDGE JORDA: Do you plead guilty or not

8 guilty?

9 THE ACCUSED KORDIC: Your Honours, I plead

10 not guilty.

11 THE REGISTRAR: Count 26: A violation of the

12 laws or customs of war as recognised by Articles 3,

13 7(1) and 7(3) of the Statute of the Tribunal and

14 Article 3(1)(b) (taking of hostages) of the Geneva

15 Conventions.

16 JUDGE JORDA: Do you plead guilty or not

17 guilty?

18 THE ACCUSED KORDIC: Your Honours, again, I

19 plead not guilty.

20 THE REGISTRAR: Human shields:

21 Count 27: A grave breach as recognised by Articles

22 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute

23 of the Tribunal.

24 JUDGE JORDA: Do you plead guilty or not

25 guilty?

1 THE ACCUSED KORDIC: Your Honours, I plead

2 not guilty.

3 THE REGISTRAR: Count 28: A violation of the

4 laws or customs of war as recognised by Articles 3,

5 7(1) and 7(3) of the Statute of the Tribunal and

6 Article 3(1)(a) (cruel treatment) of the Geneva

7 Conventions.

8 JUDGE JORDA: Do you plead guilty or not

9 guilty?

10 THE ACCUSED KORDIC: Your Honours, I plead

11 not guilty.

12 JUDGE JORDA: Thank you, you may be seated.

13 Counts 29 through 36, these involve Mr. Cerkez.

14 Imprisonment, inhuman treatment, taking of hostages and

15 use of human shields.

16 THE REGISTRAR: Count 50: From about the 1st

17 of April 1993 to approximately the 31st of August 1993

18 Mario Cerkez, together with members of the HZ H-B/HR

19 H-B and HVO and their leaders, armed forces and agents,

20 caused, planned, instigated, ordered or committed, or

21 aided and abetted the planning, preparation or

22 execution of the imprisonment, unlawful confinement and

23 inhuman treatment of the Bosnian Muslims in the

24 following locations in the territory of Bosnia and

25 Herzegovina: Kaonik Prison, Vitez Cinema Complex,

1 Vitez Veterinary Station, SDK Offices in Vitez, The

2 chess club in Vitez, Dubravica Elementary School.

3 51. Many Bosnian Muslims were expelled or

4 forcibly transferred from their homes and villages.

5 Bosnian Muslims were detained and beaten, subjected to

6 physical and/or psychological abuse and intimidation

7 and inhuman treatment, including being confined in

8 overcrowded and unsanitary conditions, deprived of

9 adequate food and water, and provided little or no

10 medical attention.

11 52. From about the 1st of April 1993 to

12 approximately the 31st of August 1993 Mario, Cerkez,

13 together with members of the HZ H-B/HR H-B and HVO and

14 their leaders, armed forces and agents, caused,

15 planned, instigated, ordered or committed, or aided and

16 abetted the planning, preparation and execution of the

17 use of Bosnian Muslim detainees to dig trenches in

18 hostile, hazardous and combat conditions in the

19 municipality of Vitez.

20 53. During or about April 1993, Mario

21 Cerkez, together with members of the HZ H-B/HR H-B and

22 HVO and their leaders, armed forces and agents, caused,

23 planned, instigated, ordered or committed, or aided and

24 abetted the planning, preparation or execution of the

25 use of Bosnian Muslims detained or imprisoned at or

1 about the facilities or locations described in

2 paragraph 50 as hostages.

3 54. During or about April 1993, Mario

4 Cerkez, together with members of the HZ H-B/HR H-B and

5 HVO and their leaders, armed forces and agents, caused,

6 planned, instigated, ordered or committed, or aided and

7 abetted the planning, preparation, or execution of the

8 use of Bosnian Muslims as human shields in or about

9 Vitez, in order to prevent armed forces hostile to the

10 HVO from attacking or firing on HVO positions or to

11 force Bosnian Muslims to surrender.

12 JUDGE JORDA: Mr. Cerkez, would you please

13 rise. Registrar.

14 THE REGISTRAR: By these acts and omissions,

15 Mario Cerkez committed:

16 Imprisonment, unlawful confinement:

17 Count 29: A crime against humanity as recognised by

18 Articles 5(e) (imprisonment), 7(1) and 7(3) of the

19 Statute of the Tribunal.

20 JUDGE JORDA: Do you plead guilty or not

21 guilty, Mr. Cerkez.

22 THE ACCUSED CERKEZ: Your Honours, I plead

23 absolutely not guilty.

24 THE REGISTRAR: Count 30: A grave breach as

25 recognised by Articles 2(g) (unlawful confinement of

1 civilians), 7(1) and 7(3) of the Statute of the

2 Tribunal.

3 JUDGE JORDA: Do you plead guilty or not

4 guilty?

5 THE ACCUSED CERKEZ: Your Honours, I plead

6 absolutely not guilty.

7 THE REGISTRAR: Inhuman and/or cruel

8 treatment of detainees:

9 Count 31: A grave breach as recognised by Articles

10 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute

11 of the Tribunal.

12 JUDGE JORDA: Do you plead guilty or not

13 guilty?

14 THE ACCUSED CERKEZ: Your Honours, I plead

15 absolutely not guilty.

16 THE REGISTRAR: Count 32: A violation of the

17 laws or customs of war as recognised by Articles 3,

18 7(1) and 7(3) of the Statute of the Tribunal and

19 Article 3(1)(a) (cruel treatment) of the Geneva

20 Conventions.

21 JUDGE JORDA: Do you plead guilty or not

22 guilty?

23 THE ACCUSED CERKEZ: Your Honours, I plead

24 absolutely not guilty.

25 THE REGISTRAR: Hostages:

1 Count 33: A grave breach as recognised by Articles

2 2(h) (taking civilians as hostages), 7(1) and 7(3) of

3 the Statute of the Tribunal.

4 JUDGE JORDA: Do you plead guilty or not

5 guilty?

6 THE ACCUSED CERKEZ: Your Honours, I plead

7 absolutely not guilty.

8 THE REGISTRAR: Count 34: Violation of the

9 laws or customs of war as recognised by Articles 3,

10 7(1) and 7(3) of the Statute of the Tribunal and

11 Article 3(1)(b) (taking of hostages) of the Geneva

12 Conventions.

13 JUDGE JORDA: Do you plead guilty or not

14 guilty?

15 THE ACCUSED CERKEZ: Your Honours, I plead

16 absolutely not guilty.

17 THE REGISTRAR: Human shields:

18 Count 35: A grave breach as recognised by Articles

19 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute

20 of the Tribunal.

21 JUDGE JORDA: Do you plead guilty or not

22 guilty?

23 THE ACCUSED CERKEZ: Your Honours, I plead

24 absolutely not guilty.

25 THE REGISTRAR: Count 36: A violation of the

1 laws or customs of war as recognised by Articles 3,

2 7(1) and 7(3) of the Statute of the Tribunal and

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

4 Conventions.

5 JUDGE JORDA: Do you plead guilty or not

6 guilty?

7 THE ACCUSED CERKEZ: Your Honours, I plead

8 absolutely not guilty.

9 JUDGE JORDA: Thank you, you may be seated,.

10 Counts 37 through 39, which involve Mr. Kordic.

11 THE REGISTRAR: Counts 37-39

12 Destruction and plunder of property

13 55. From about the 1st of October 1992 to

14 approximately the 31st of December 1993, Dario Kordic,

15 together with members of the HZ H-B/HR H-B and HVO and

16 their leaders, armed forces and agents, caused,

17 planned, instigated, ordered or committed, or aided and

18 abetted the planning, preparation, or execution of the

19 unlawful, wanton and extensive destruction, devastation

20 and plunder of Bosnian Muslim dwellings, buildings,

21 businesses, civilian personal property and livestock,

22 which was not justified by military necessity in the

23 following cities, towns and villages on or about the

24 dates indicated: Novi Travnik, October 1992-December

25 1993; Busovaca, January-February 1993; Merdani

1 January-February 1993; Putis, April 1993; Ocehnici,

2 April 1993; Loncari, April 1993; Kiseljak, April 1993;

3 Kazagici, April 1993; Behrici, April 1993; Svinjarevo,

4 April 1993,, Gomionica, April 1993; Gromiljak, April

5 1993; Polje Visnjica, April 1993; Visnjica, April 1993;

6 Rotilj, April 1993; Tulica, June 1993; Han

7 Ploca/Grahovci, June 1993; Vitez, April 1993; Stari

8 Vitez, April 1993; Ahmici, April 1993; Nadioci, April

9 1993; Pirici, April 1993; Santici, April 1993;

10 Veceriska-Donja Veceriska, April 1993; Gacice, April

11 1993; Divjak, September 1993; Stupni Do, October 1993.

12 JUDGE JORDA: Mr. Kordic, would you please

13 rise?

14 THE REGISTRAR: By these acts and omissions,

15 Dario Kordic committed:

16 Count 37: A grave breach as recognised by Articles

17 2(d) (extensive destruction of property), 7(1) and 7(3)

18 of the Statute of the Tribunal.

19 JUDGE JORDA: Do you plead guilty or not

20 guilty?

21 THE ACCUSED KORDIC: Your Honours, I plead

22 not guilty.

23 THE REGISTRAR: Count 38: A violation of the

24 laws or customs of war as recognised by Articles 3(b)

25 (wanton destruction not justified by military

1 necessity), 7(1) and 7(3) of the Statute of the

2 Tribunal.

3 JUDGE JORDA: Do you plead guilty or not

4 guilty?

5 THE ACCUSED KORDIC: Your Honours, I plead

6 not guilty.

7 THE REGISTRAR: Count 39: A violation of the

8 laws or customs of war as recognised by Articles 3(e)

9 (plunder of public or private property), 7(1) and 7(3)

10 of the Statute of the Tribunal.

11 JUDGE JORDA: Do you plead guilt or not

12 guilty?

13 THE ACCUSED KORDIC: Your Honours, I plead

14 not guilty.

15 JUDGE JORDA: Thank you. Counts 40 to 42

16 concern Mr. Mario Cerkez.

17 THE REGISTRAR: Count 40-42

18 Destruction and plunder of property

19 56. During or about April 1993, Mario

20 Cerkez, together with members of the HZ H-B/HR H-B and

21 HVO their leaders, armed forces and agents, caused,

22 planned, instigated, ordered or committed, or aided and

23 abetted the planning, preparation or execution of the

24 unlawful wanton and extensive destruction, devastation

25 and plunder of Bosnian Muslim dwellings, buildings,

1 businesses, civilian personal property and livestock,

2 which were not justified by military necessity in the

3 following cities, towns and villages on or about the

4 dates indicated: Vitez, April 1993; Stari Vitez, April

5 1993; Ahmici, April 1993; Nadioci, April 1993; Pirici,

6 April 1993; Santici, April 1993; Donja Veceriska, April

7 1993.

8 JUDGE JORDA: Mr. Cerkez would you rise,

9 please?

10 THE REGISTRAR: By these acts and omissions,

11 Mario Cerkez committed:

12 Count 40: A grave breach as recognised by Articles

13 2(d) (extensive destruction of property), 7(1) and 7(3)

14 of the Statute of the Tribunal.

15 JUDGE JORDA: Do you plead guilty or not

16 guilt?

17 THE ACCUSED CERKEZ: Your Honours, I plead

18 absolutely not guilty.

19 THE REGISTRAR: Count 41: A violation of the

20 laws or customs of war as recognised by Articles 3(b)

21 (wanton destruction not justified by military

22 necessity), 7(1) and 7(3) of the Statute of the

23 Tribunal.

24 JUDGE JORDA: Do you plead guilty or not

25 guilty?

1 THE ACCUSED CERKEZ: Your Honours, I plead

2 absolutely not guilty.

3 THE REGISTRAR: Count 42: A violation of the

4 laws or customs of war as recognised by Articles 3(e)

5 (plunder of public or private property), 7(1) and 7(3)

6 of the Statute of the Tribunal.

7 JUDGE JORDA: Excuse me, for 42, that is the

8 plunder public or private property, do you plead guilty

9 or not guilty?

10 THE ACCUSED CERKEZ: Your Honours, I plead

11 absolutely not guilty.

12 THE REGISTRAR: Count 43, which concerns only

13 Mr. Kordic.

14 JUDGE JORDA: Mr. Registrar, thank you. Mr.

15 Cerkez, you may be seated.

16 THE REGISTRAR: Destruction of institutions

17 dedicated to religion or education

18 57. From about October 1992 to approximately

19 November 1993, Dario Kordic, together with members of

20 the HZ H-B/HR H-B and the HVO and their leaders, armed

21 forces and agents, caused, planned, instigated, ordered

22 or committed, or aided and abetted the planning,

23 preparation or execution of the destruction or wilful

24 damage of Bosnian Muslim institutions dedicated to

25 religion or education in the following towns and

1 villages on or about the dates indicated: Ahmici,

2 April 1993; Stari Vitez, April 1993; Han Ploca, June

3 1993; Kiseljak, July-August 1993; Divjak, September

4 1993; Stupni Do, October 1993.

5 JUDGE JORDA: Mr. Kordic, would you rise,

6 please?

7 THE REGISTRAR: By these acts and omissions,

8 Dario Kordic committed:

9 Count 43: A violation of the laws or customs of war as

10 recognised by Articles 3(d) (destruction or wilful

11 damage to institutions dedicated religion or

12 education), 7(1) and 7(3) of the Statute of the

13 Tribunal.

14 JUDGE JORDA: How do you plead, guilty or not

15 guilty?

16 THE ACCUSED KORDIC: Your Honours, I plead

17 not guilty.

18 JUDGE JORDA: You may be seated. Count 44

19 concerns Mr. Cerkez.

20 THE REGISTRAR: Destruction of institutions

21 dedicated to religion or education

22 58. From about April 1993 to approximately

23 September 1993, Mario Cerkez, together with members of

24 the HZ H-B/HR H-B and HVO and their leaders, armed

25 forces and agents, caused, planned, instigated, ordered

1 or committed or aided and abetted the planning,

2 preparation or execution of, the destruction of wilful

3 damage of Bosnian Muslim institutions dedicated to

4 religion or education in the following towns and

5 villages on or about the dates indicated: Stari Vitez,

6 April 1993; Ahmici, April 1993; Divjak, September 1993.

7 JUDGE JORDA: Mr. Cerkez, would you rise,

8 please?

9 THE REGISTRAR: By these acts and omissions,

10 Mario Cerkez committed:

11 Count 44: A violation of the laws or customs of war as

12 recognised by Articles 3(d) (destruction or wilful

13 damage to institutions dedicated to religion or

14 education), 7(1) and 7(3) of the Statute of the

15 Tribunal.

16 JUDGE JORDA: Do you plead guilty or not

17 guilty, Mr. Cerkez?

18 THE ACCUSED CERKEZ: Your Honours, I plead

19 absolutely not guilty.

20 JUDGE JORDA: Thank you, you may be seated.

21 Mr. Registrar you are not going to -- you must read all

22 the way to the end and indicate who signed and give the

23 date.

24 THE REGISTRAR: The indictment is signed by

25 Gavin Ruxton, Senior Legal Advisor, signed 2 October,

1 1998. Further to the confirmation on the 30 September

2 by Judge McDonald.

3 JUDGE JORDA: Very well, this initial

4 appearance has now been conducted. This is an initial

5 appearance further to rule 62 but we're not going to

6 set the date for the trial, we are still involved in

7 Status Conferences. Yes, I will, of course, give you

8 the floor, but let me finish first. I thought that

9 perhaps we could set a date for a subsequent Status

10 Conference, but that would also give you the

11 opportunity to speak as well as the accused and the

12 Prosecutor. I simply wanted to adjourn to another date

13 for a Status Conference in front of myself because now

14 it is a bit late to set up such type of conference, but

15 I would like to have your opinion on that. First we

16 turn to the Defence. Let me give you the floor,

17 Mr. Kovacic.

18 MR. KOVACIC: Mr. President, I don't want to

19 take up much time, perhaps we can redact the transcript

20 later. However, as regards one point, though, the

21 transcript when paragraph 19 of the indictment was read

22 out, in transcript, this is 10.00, 26 minutes, 4

23 seconds, it is supposed to say Dario Kordic and the

24 transcript mistakenly says Mario Cerkez.

25 JUDGE JORDA: Thank you, Mr. Kovacic. Let me

1 remind you that the conditions under which the

2 transcripts are prepared are complicated, but I can a

3 sure you, I'm speaking subject to anything the

4 registrar wants to tell me, but first the transcripts

5 are reread after this hearing by the transcribers who

6 are doing extremely difficult work, as are the

7 interpreters, they spend several hours after the

8 hearings comparing what they have transcribed which is

9 done on the spot with the tapes, so that they can,

10 first of all, prepare an initial version of the

11 transcript. I think it is then sent to all parties for

12 any comments they wish to make and to the judges.

13 THE REGISTRAR: Yes, that's correct. It is

14 sent to all the parties and to the judges so, if

15 necessary, any corrections may be made. I think it is

16 only after that that the transcript is put on the

17 internet.

18 JUDGE JORDA: Therefore, you have all

19 guarantees and to the contrary both today and as soon

20 as you have your first draft transcript, may I suggest

21 that you make any comments you like. This is very

22 important. We have this problem constantly at hearings

23 and it is very important for the parties to make

24 comments, because after that the transcript becomes a

25 legal document. Have you any further comments you

1 would like to make.

2 MR. KOVACIC: Thank you. No thank you.

3 JUDGE JORDA: Mr. Naumovski, do you have any

4 comments you would like to make?

5 MR. NAUMOVSKI: I have no objections with

6 regard to what we have done so far, but I would like to

7 take advantage of this opportunity to ask you for one

8 thing. First of all, this initial appearance is being

9 held when we planned to have the Status Conference

10 continued, and I just wanted to ask, if possible, that

11 we determine when the Status Conference will be

12 continued, the one we started previously.

13 JUDGE JORDA: We're going to try to set a

14 date, because I think there is no point beginning

15 today, there are many things that are involved in this

16 case. I am not forgetting it, nor is the pre-trial

17 Judge, but there are many things that have to be done

18 in a pre-trial conference. Let me remind you that this

19 hearing will start further obligations on the part of

20 the Prosecutor. Let me turn to Mr. Nice who will

21 provide a whole series of documents, unless he has

22 already done so. They have certain matters which we

23 have to settle. I was waiting for the initial

24 appearance, including the request for a separate trial

25 for Mr. Cerkez, which we will respond, of course.

1 I would like first to turn to the Prosecutor

2 and ask whether there is any comments or any other

3 documents to provide further to the amended indictment

4 which is going to call out another 30 days for any

5 other preliminary motions that might be filed,

6 Mr. Nice.

7 MR. NICE: There are no other documents to be

8 served today. We are anxious that the next Status

9 Conference should be as early as convenient to the

10 Chamber. There are a number of matters, as Your Honour

11 correctly says to be dealt with, principal among them,

12 is, of course, serving on the Defence the material upon

13 which the amended indictment has been confirmed. We

14 have 30 days to do that, and we are anxious to do that

15 as quickly as possible, but we can't do that task until

16 questions of witness protection are finally resolved;

17 therefore, there some is pressure to have an early

18 hearing date in everyone's interest and in the interest

19 of getting the trial on as soon as may be.

20 The other matters that are outstanding in

21 relation to production of documents under Rule 68 and

22 other matters, are all in hand. The Court will

23 remember that there are also some outstanding motions

24 which were held in abeyance right from the beginning of

25 this year.

1 JUDGE JORDA: Yes, that's correct.

2 MR. NICE: That any Status Conference would

3 be likely to consume some time, if it's to be heard

4 through to a conclusion of all outstanding matters,

5 probably a hole day, at least.

6 JUDGE JORDA: I'm not sure that myself as the

7 pre-trial Judge can do that all in one day.

8 Mr. Fourmy, do you think the 28th in the morning, would

9 that be a proper date?

10 MR. FOURMY: Mr. President, in order to try

11 to meet as soon as possible, perhaps the 28th would be

12 a good date. I think the Prosecutor is available on

13 that date, I don't know whether the Defence is. Are

14 there other Defence counsel? If you allow me to remind

15 you, ordinarily for Mr. Kordic there are two other

16 counsels who excused themselves for today knowing that

17 Mr. Naumovski would be present, but we have to check

18 with them as to their schedules for the 28th.

19 JUDGE JORDA: Might they come from the United

20 States on the 28th in the morning and then set the

21 hearing for 9.00 or perhaps 9.30 for the interpreters,

22 and for the detention service? What time could we

23 begin, Mr. Registrar?

24 THE REGISTRAR: Yes, we could begin at 9.30

25 without any problems.

1 JUDGE JORDA: That's not quite what I was

2 asking. I was going to suggest 9.00. Would 9.00 be

3 possible? Maybe that's more complicated.

4 THE REGISTRAR: If it is an exceptional case.

5 JUDGE JORDA: Well, all right, I understood.

6 All right, if it's not exceptional, we can't, but if

7 it's exceptional, we can. All right, let's try,

8 because on Wednesday we have the Blaskic hearings at

9 2.00 in the afternoon, we have to think about the

10 interpreters work. Let's put 9.00 -- all right, 9.30,

11 we'll say 9.30 to 12.30, would that be enough for a

12 break if it is the same interpreter team? Would that

13 be enough?

14 THE REGISTRAR: Yes, there won't be any

15 problem.

16 JUDGE JORDA: Mr. Naumovski, could you inform

17 Mr. Geneson and Mr. Turner that this Status conference

18 will be on the 28th at 9.30 in the morning and to be

19 available for it.

20 MR. NAUMOVSKI: Absolutely, Mr. President.

21 JUDGE JORDA: All right. We're not going to

22 take up the many, many problems that we have in this

23 case. We have a very, very busy schedule. I would not

24 like to conclude this Status Conference without having

25 first given the floor to the accused and ask them what

1 they feel about their current detention conditions.

2 Mr. Kordic, how are your detention conditions

3 at this moment? You may rise, please.

4 THE ACCUSED KORDIC: Your Honours, I thank

5 you for your kindness in asking me the question. We

6 are very pleased that after the meeting held by the

7 President of the Court, Mrs. McDonald and Mrs. Sampayo

8 were held with all the detainees, a letter was

9 received from Ms. McDonald telling us that there will

10 be improve according to some of the points we asked for

11 and we expect this to implemented by the new year. We

12 have been transferred to an older section of the

13 Netherlands prison and we are moving today and I hope

14 that going back to the old building that the conditions

15 have been furnished which were much better than where

16 we were for the moment, but we persevered and we're

17 going back. Thank you.

18 JUDGE JORDA: Thank you. Mr. Cerkez.

19 THE ACCUSED CERKEZ: Your Honours, I just

20 hope that when we return that the conditions will be

21 much better than they were in the past 14 days where we

22 were lodged. Because the rooms were really bad and the

23 conditions were poor.

24 JUDGE JORDA: What your co-accused said, you

25 might say that there would be improvements, work is in

1 progress. Where do things stand as regards that work?

2 THE REGISTRAR: As you said, this is a work

3 in progress and we're doing the best we can to allow

4 the detainees to go back to their cells.

5 JUDGE JORDA: All right. Just a bit more

6 patience and then everything will fall into place. All

7 right, this initial appearance, I think we have to

8 resume another trial in about 15 minutes, I would like

9 to adjourn this hearing.

10 --- Whereupon the hearing adjourned at

11 11.52 a.m. to be reconvened on the 28th

12 day of October, 1998 at 9.30 a.m.

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