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1 Tuesday, 14th September 1999
2 [Further Initial appearance]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 10.03 a.m.
6 THE REGISTRAR: [Interpretation] Case number
7 IT-97-25-PT, the Prosecutor versus Milorad Krnojelac.
8 JUDGE HUNT: Yes. For the Prosecution?
9 MR. RYNEVELD: If it please the Court. Dirk
10 Ryneveld, and with me today is my colleague, Peggy Kuo,
11 and our case manager, George Huber for the
12 Prosecution. We're prepared to proceed today.
13 JUDGE HUNT: And for the Defence?
14 THE INTERPRETER: Microphone, please.
15 MR. VASIC: [Interpretation] With your
16 permission, Your Honour, the Defence will be
17 represented by legal counsellor, Miroslav Vasic. Thank
18 you.
19 JUDGE HUNT: Thank you, Mr. Vasic.
20 The accused, are you able to understand the
21 proceedings in a language which you know?
22 THE ACCUSED: [Interpretation] Yes, Your
23 Honour. I understand.
24 JUDGE HUNT: Mr. Vasic, it's a fairly general
25 practice in the Tribunal that when an indictment is
Page 60
1 presented or an amended indictment is presented, the
2 accused waives the reading of it in full.
3 Have you discussed this particular matter
4 with your client?
5 MR. VASIC: [Interpretation] Your Honour, the
6 accused has been served with the amended indictment.
7 He has understood it, he is ready to plead, and there
8 is no need for us to read the indictment, only perhaps
9 the counts on which he is asked to plead. So there is
10 no need to read the indictment in full.
11 JUDGE HUNT: Thank you very much.
12 Mr. Krnojelac, I propose to take each of
13 these counts and ask you how you plead to each. Your
14 answer to each should be either "guilty" or "not
15 guilty," as the case may be. Do you understand?
16 THE ACCUSED: [Interpretation] Your Honours,
17 on the 18th of June, 1998, I pleaded on this same
18 indictment, as far as I understand, judicial affairs.
19 So I think it would be sufficient for me to plead
20 again, 15 months later, on the same counts.
21 Thank you.
22 JUDGE HUNT: Thank you. In relation to the
23 first count, a crime against humanity, based upon
24 persecution on political, racial, and/or religious
25 grounds, how do you plead, guilty or not guilty?
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1 THE ACCUSED: [Interpretation] I plead not
2 guilty.
3 JUDGE HUNT: The second count, a crime
4 against humanity, based upon torture. How do you
5 plead, guilty or not guilty?
6 THE ACCUSED: [Interpretation] I plead not
7 guilty.
8 JUDGE HUNT: Count 3, a grave breach of the
9 Geneva Conventions, based upon torture. How do you
10 plead, guilty or not guilty?
11 THE ACCUSED: [Interpretation] I plead not
12 guilty.
13 JUDGE HUNT: Count 4, a violation of the laws
14 or customs of war, based again upon torture. How do
15 you plead, guilty or not guilty?
16 THE ACCUSED: [Interpretation] I plead not
17 guilty.
18 JUDGE HUNT: Count 5, a crime against
19 humanity, based upon inhumane acts. How do you plead,
20 guilty or not guilty?
21 THE ACCUSED: [Interpretation] I plead not
22 guilty.
23 JUDGE HUNT: Count 6, a grave breach of the
24 Geneva Conventions, based upon wilfully causing serious
25 injury to body or health. How do you plead, guilty or
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1 not guilty?
2 THE ACCUSED: [Interpretation] I plead not
3 guilty.
4 JUDGE HUNT: Count 7, a violation of the laws
5 or customs of war, based upon cruel treatment. How do
6 you plead, guilty or not guilty?
7 THE ACCUSED: [Interpretation] I plead not
8 guilty.
9 JUDGE HUNT: Count 8, a crime against
10 humanity, based upon murder. How do you plead, guilty
11 or not guilty?
12 THE ACCUSED: [Interpretation] I plead not
13 guilty.
14 JUDGE HUNT: Count 9, a grave breach of the
15 Geneva Conventions, based upon wilful killing. Do you
16 plead guilty or not guilty?
17 THE ACCUSED: [Interpretation] I plead not
18 guilty.
19 JUDGE HUNT: Count 10, a violation of the
20 laws or customs of war, based upon murder. How do you
21 plead, guilty or not guilty.
22 THE ACCUSED: [Interpretation] I plead not
23 guilty.
24 JUDGE HUNT: Count 11, a crime against
25 humanity, based upon imprisonment. How do you plead,
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1 guilty or not guilty.
2 THE ACCUSED: [Interpretation] I plead not
3 guilty.
4 JUDGE HUNT: Count 12, a grave breach of the
5 Geneva Conventions, based upon unlawful confinement of
6 a civilian. How do you plead, guilty or not guilty?
7 THE ACCUSED: [Interpretation] I plead not
8 guilty.
9 JUDGE HUNT: Count 13, a crime against
10 humanity, based upon inhumane acts. How do you plead,
11 guilty or not guilty?
12 THE ACCUSED: [Interpretation] I plead not
13 guilty.
14 JUDGE HUNT: Count 14, a grave breach, based
15 upon wilfully causing great suffering. How do you
16 plead, guilty or not guilty?
17 THE ACCUSED: [Interpretation] I plead not
18 guilty.
19 JUDGE HUNT: Count 15, a violation of the
20 laws or customs of war, based upon cruel treatment.
21 How do you plead, guilty or not guilty?
22 THE ACCUSED: [Interpretation] I plead not
23 guilty.
24 JUDGE HUNT: Count 16, a crime against
25 humanity, based upon enslavement. How do you plead,
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1 guilty or not guilty?
2 THE ACCUSED: [Interpretation] I plead not
3 guilty.
4 JUDGE HUNT: Count 17, a grave breach, based
5 upon inhumane treatment. How do you plead, guilty or
6 not guilty?
7 THE ACCUSED: [Interpretation] I plead not
8 guilty.
9 JUDGE HUNT: And Count 18, a violation of the
10 laws or customs of war, based upon slavery. How do you
11 plead, guilty or not guilty?
12 THE ACCUSED: [Interpretation] I plead not
13 guilty.
14 JUDGE HUNT: Thank you, Mr. Krnojelac. Would
15 you sit down, please?
16 THE ACCUSED: [Interpretation] Thank you, Your
17 Honour.
18 JUDGE HUNT: There has been a motion filed by
19 the accused for an extension of time within which to
20 file a Rule 72 motion.
21 Mr. Vasic, following the procedure adopted
22 today, or having your client plead to the amended
23 indictment, you now have a time limit provided by Rule
24 50(C). You have a further period of 30 days within
25 which to file any preliminary motions, pursuant to Rule
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1 72. So you would not need to proceed with your motion,
2 I'd suggest.
3 MR. VASIC: [Interpretation] Thank you, Your
4 Honour.
5 JUDGE HUNT: Is there any problem from the
6 Prosecution's point of view if I simply note that the
7 motion has not been proceeded with?
8 MR. RYNEVELD: None whatsoever. That's
9 perfectly in order.
10 JUDGE HUNT: Thank you.
11 --- Whereupon the Initial Appearance
12 adjourned at 10.08 a.m. sine die
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