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1 Wednesday, 5 March 2003
2 [Initial Appearance]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 3.31 p.m.
6 JUDGE LIU: Good afternoon, ladies and gentlemen. Madam
7 Registrar, would you please call the case.
8 THE REGISTRAR: Good afternoon, Your Honour. This is Case Number
9 IT-03-66-I, the Prosecutor of the Tribunal against Fatmir Limaj, Haradin
10 Bala, and Isak Musliu.
11 JUDGE LIU: Thank you very much. May I have the appearances,
12 please, for the Prosecution.
13 MS. DEL PONTE: Good afternoon, Your Honour. The Prosecution is
14 represented by myself, Prosecutor Carla del Ponte; my colleagues, Andrew
15 Cayley, Alex Whiting; and case manager, Hasan Younis. Thank you, Your
16 Honour.
17 JUDGE LIU: Thank you very much. And for the accused?
18 MR. KHAN: If it please Your Honour, my name is Karim Khan, and I
19 appear on behalf of the defendant.
20 JUDGE LIU: Thank you.
21 Mr. Limaj, would you please stand up. I'll ask you some
22 questions. Can you hear the proceedings in a language that you
23 understand?
24 THE ACCUSED LIMAJ: [Interpretation] Yes.
25 JUDGE LIU: May I have your full name, please.
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1 THE ACCUSED LIMAJ: [Interpretation] Fatmir.
2 JUDGE LIU: Do you have any nickname or pseudonym?
3 THE ACCUSED LIMAJ: [Interpretation] Limaj.
4 JUDGE LIU: What is the date upon which you believe you were born?
5 THE ACCUSED LIMAJ: [Interpretation] 4th of February 1971.
6 JUDGE LIU: Where is your residence located?
7 THE ACCUSED LIMAJ: [Interpretation] In Pristina.
8 JUDGE LIU: Thank you very much. I'm asking you these questions
9 just to make sure that you are the right person in the indictment. You
10 may sit down, please.
11 We are here this afternoon for the Initial Appearance for the
12 accused in accordance with Rule 62 of the Rules of Procedure and Evidence
13 upon his transfer to the Tribunal. Mr. Khan, I'll ask you several
14 questions. Has your client's family or government authority been informed
15 about his transfer to The Hague?
16 MR. KHAN: Your Honour, yes.
17 JUDGE LIU: You mean both?
18 MR. KHAN: Yes, both.
19 JUDGE LIU: Thank you.
20 MR. KHAN: Indeed, if it's any assistance, his family will be in
21 The Hague tomorrow.
22 JUDGE LIU: Has your client received a copy of the indictment in a
23 language which he understands?
24 MR. KHAN: He has, Your Honour.
25 JUDGE LIU: Have you had a chance to go through it with him?
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1 MR. KHAN: Your Honour, I have and he understands the charges that
2 he faces.
3 JUDGE LIU: Does your client fully understand the nature of the
4 procedure as well as his rights?
5 MR. KHAN: Your Honour, yes.
6 JUDGE LIU: Does your client understand that the contents of the
7 indictment or is he aware of the nature of the allegations in the
8 indictment?
9 MR. KHAN: Your Honour, he's fully aware of what the indictment
10 alleges.
11 JUDGE LIU: I see. You may sit down, please.
12 MR. KHAN: Thank you.
13 JUDGE LIU: But anyway, I understand that the accused arrived
14 only yesterday, I'll have the relevant articles in the Statute and the
15 indictment read out. Madam Registrar, could you please read out Article
16 20 and 21 in the Statute as well as the indictment.
17 THE REGISTRAR: Yes, Your Honour.
18 Article 20, commencement and conduct of trial proceedings. The
19 Trial Chamber shall ensure that a trial is fair and expeditious and that
20 proceedings are conducted in accordance with the Rules of Procedure and
21 Evidence with full respect for the rights of the accused and due regard
22 for the protection of victims and witnesses.
23 A person against whom an indictment has been confirmed shall,
24 pursuant to an order or an arrest warrant of the International Tribunal,
25 be taken into custody, immediately informed of the charges against him,
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1 and transferred to the International Tribunal.
2 The Trial Chamber shall read the indictment, satisfy itself that
3 the rights of the accused are respected, confirm that the accused
4 understands the indictment, and instruct the accused to enter a plea. The
5 Trial Chamber shall then set the date for trial. The hearings shall be
6 public unless the Trial Chamber decides to close the proceedings in
7 accordance with its Rules of Procedure and Evidence.
8 Article 21: Rights of the accused. 1, all persons shall be equal
9 before the International Tribunal. 2, in the determination of charges
10 against him, the accused shall be entitled to a fair and public hearing,
11 subject to Article 22 of the Statute. 3, the accused shall be presumed
12 innocent until proven guilty according to the provisions of the present
13 Statute. 4, in the determination of any charge against the accused
14 pursuant to the present Statute, the accused shall be entitled to the
15 following minimum guarantees in full equality: (a), to be informed
16 promptly and in detail in a language which he understands of the nature
17 and cause of the charge against him; (b), to have adequate time and
18 facilities for the preparation of his defence and to communicate with
19 counsel of his own choosing; (c), to be tried without undue delay; (d), to
20 be tried in his presence and to defend himself in person or through legal
21 assistance of his own choosing, to be informed if he does not have legal
22 assistance of this right and to have legal assistance assigned to him in
23 any case where the interests of justice so require and without payment by
24 him in any such case if he does not have sufficient means to pay for it;
25 (e), to examine or have examined the witnesses against him and to obtain
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1 the attendance and examination of witnesses on his behalf under the same
2 conditions as witnesses against him; (f), to have the free assistance of
3 an interpreter if he cannot understand or speak the language used in the
4 International Tribunal; and (g), not to be compelled to testify against
5 himself or to confess guilt.
6 The Prosecutor of the International Criminal Tribunal for the
7 Former Yugoslavia pursuant to her authority under Article 18 of the
8 Statute of the International Criminal Tribunal for the Former Yugoslavia
9 charges Fatmir Limaj, aka Celiku; Haradin Bala, aka Shala; Isak Musliu,
10 aka Qerqiz; with crimes against humanity and violations of the laws or
11 customs of war.
12 The accused Fatmir Limaj, aka Celiku, was born on February 4th,
13 1971 in Banja, then in the municipality of Suva Reka in the Autonomous
14 Province of Kosovo. At all times relevant to this indictment, Fatmir
15 Limaj was a commander in the KLA, also known as the Kosovo Liberation
16 Army. In this position, Fatmir Limaj was responsible for the operation of
17 the Lapusnik prison camp of the KLA located in the municipality of
18 Glogovac in Kosovo.
19 Haradin Bala, aka Shala, was born on the 10th of June 1957 in
20 Gornja Koretic E Eperme, in the municipality of Glogovac in Kosovo. At
21 all times relevant to this indictment, Haradin Bala was a member of the
22 KLA and a commander guard at the Lapusnik prison camp.
23 Isak Musliu, aka Qerqiz, was born on the 31st of October 1970 in
24 Racak in the municipality of Stimlje in Kosovo. At all times relevant to
25 this indictment, Isak Musliu was a member of the KLA and a commander guard
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1 at the Lapusnik prison camp.
2 Statement of facts: No later than 1998 after years of increasing
3 tension and violence, armed conflicts commenced against Serb forces and
4 the KLA in Kosovo. This development was consistent with the KLA's
5 generally militant approach of active, armed resistance to Serb rule in
6 Kosovo, together with Serb civilians, Albanian civilians who were
7 perceived by the KLA either as refusing to cooperate with or resisting the
8 KLA by nonmilitary means were targeted for intimidation, imprisonment,
9 violence, and murder.
10 Individual criminal responsibility: At all times relevant to this
11 indictment, Fatmir Limaj in his position described above exercised both de
12 jure and de facto command and control over KLA members operating the
13 Lapusnik prison camp. In his position described above, Fatmir Limaj had
14 the authority to discipline and punish subordinates who committed breaches
15 of military discipline and/or illegal acts, including violations of
16 international humanitarian law.
17 Fatmir Limaj, Haradin Bala, Isak Musliu are responsible for the
18 crimes charged against them in this indictment pursuant to Article 7(1) of
19 the Statute of the Tribunal as further specified below for planning,
20 instigating, ordering, committing, or otherwise aiding and abetting the
21 planning, preparation, or execution of acts or omissions set forth in this
22 indictment.
23 Fatmir Limaj is also criminally responsible for the crimes charged
24 against him in this indictment as a superior pursuant to Article 7(3) of
25 the Statute of the Tribunal. This criminal responsibility involves the
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1 responsibility of a superior officer for the acts of his subordinate if
2 the superior knew or had reason to know that this subordinate was about to
3 commit such acts or had done so, and the superior failed to take the
4 necessary and reasonable measures to prevent such acts or to punish the
5 perpetrators thereof.
6 General allegations: At all times relevant to this indictment, a
7 state of armed conflict existed in Kosovo.
8 All acts and omissions charged as crimes against humanity were
9 part of a widespread and systematic attack directed against the Serb
10 civilian population and members of the Albanian civilian population
11 perceived as refusing to cooperate with or resisting the KLA by
12 nonmilitary means.
13 At all times relevant to this indictment, Fatmir Limaj, Haradin
14 Bala, Isak Musliu were required to abide by the laws and customs of war,
15 including the Geneva Conventions of 1949 and Additional Protocol II.
16 Charges. Count 1 and 2: Imprisonment, cruel treatment. From in
17 or about May 1998 through to on or about July 25th, 1998, in the
18 municipalities of Stimlje, Glogovac, and Lipljan in Kosovo, Fatmir Limaj
19 individually and in concert with KLA forces under his command and control,
20 planned, instigated, ordered, committed or otherwise aided and abetted the
21 planning, preparation, or execution of the crimes of imprisonment and
22 cruel treatment of Serb and Albanian civilians. Fatmir Limaj also knew or
23 had reason to know that the crimes of imprisonment and cruel treatment
24 were about to be committed or had been committed by his subordinates, and
25 he failed to take the necessary and reasonable measures to prevent such
Page 60
1 acts or punish the perpetrators thereof. Haradin Bala, Isak Musliu
2 committed or otherwise aided and abetted the execution of the crimes of
3 imprisonment and cruel treatment of Serb and Albanian civilians.
4 During the time period set forth above KLA forces under the
5 command and control of Fatmir Limaj unlawfully seized at least 35 Serb and
6 Albanian civilians from municipalities of Stimlje, Glogovac, and Lipljan
7 in Kosovo and forcibly brought them to the Lapusnik prison camp. At the
8 Lapusnik prison camp, KLA forces under the command and control of Fatmir
9 Limaj unlawfully detained the Serb and Albanian civilians for prolonged
10 periods. Albanian civilian detainees were repeatedly interrogated about
11 alleged collaboration with Serbs often on the basis only of nonmilitary
12 interaction with Serb civilians. Fatmir Limaj, Haradin Bala, Isak Musliu
13 personally participated in the guarding of the detainees at the Lapusnik
14 prison camp and in the interrogations of the detainees.
15 By these acts and omissions, Fatmir Limaj, Haradin Bala, and Isak
16 Musliu participated in:
17 Count 1: Imprisonment, a crime against humanity, punishable under
18 Article 5(e), 7(1), (Fatmir Limaj, Haradin Bala, Isak Musliu), and
19 7(3) of the Statute of the Tribunal.
20 Count 2: Cruel treatment, a violation of the laws or customs of
21 war as recognised by Common Article 3(1)(a) of the Geneva Conventions of
22 1949, punishable under Articles 3, 7(1), and 7(3) of the Statute of the
23 Tribunal.
24 Counts 3 to 5: Torture, cruel treatment.
25 From in or about May 1998 through to on or about July 25th, 1998,
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1 at the Lapusnik prison camp, Fatmir Limaj individually and in concert with
2 KLA forces under his command and control planned, instigated, ordered,
3 committed, or otherwise aided and abetted the planning, preparation, or
4 execution of the crimes of torture and cruel treatment of Serb and
5 Albanian citizens. Fatmir Limaj also knew or had reason to know that the
6 crimes of torture and cruel treatment were about to be committed or had
7 been committed by his subordinates, and he failed to take the necessary
8 and reasonable measures to prevent such acts or punish the perpetrators
9 thereof.
10 During the time period set forth above, KLA forces under the
11 command and control of Fatmir Limaj held the detainees at the Lapusnik
12 prison camp under the conditions that were brutal and inhumane and
13 routinely subjected them to physical and psychological assault, including
14 torture and beatings. Fatmir Limaj, Haradin Bala, Isak Musliu
15 participated in maintaining and enforcing the inhumane conditions at the
16 camp, which included inadequate food and medical care and participated in
17 or aided and abetted the torture and beatings of the detainees.
18 By these acts and omissions, Fatmir Limaj, Haradin Bala, Isak
19 Musliu participated in:
20 Count 3: Torture, a crime against humanity, punishable under
21 Articles 5(f), 7(1), and 7(3) of the Statute of the Tribunal.
22 Count 4: Torture, a violation of the laws or customs of war as
23 recognised by Common Articles 3(1)(a) of the Geneva Conventions of 1949,
24 punishable under Articles 3, 7(1), and 7(3) of the Statute of the
25 Tribunal.
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1 Count 5: Cruel treatment, a violation of the laws or customs of
2 war as recognised by Common Article 3(1)(a) of the Geneva Convention of
3 1949 punishable under Article 3, 7(1) and 7(3) of the Statute of the
4 Tribunal.
5 Counts 6 to 7: Murder.
6 From a date in or about June 1998 through to 25 July 1998, KLA
7 forces under the command and control of Fatmir Limaj, including Haradin
8 Bala and Isak Musliu, planned instigated, ordered, committed or otherwise
9 aided and abetted the planning, preparation, or execution of the crime of
10 murder of Serb and Albanian civilians at the Lapusnik prison camp. At
11 each of these instances set forth below, Fatmir Limaj knew or had reason
12 to know that the crime of murder was about to be committed or had been
13 committed by his subordinates, and he failed to take the necessary and
14 reasonable measures to prevent such acts or punish the perpetrators
15 thereof.
16 On a date after the 24th of June 1998, but before July 25th 1998,
17 KLA forces under the command and control of Fatmir Limaj murdered a number
18 of Serb and non-Albanian detainees at the Lapusnik prison camp whose names
19 are set forth in the annex to this indictment.
20 On a date in or about mid-July 1998, KLA forces under the command
21 and control of Fatmir Limaj beat, tortured, and murdered a number of Serb
22 and Albanian detainees at the Lapusnik prison camp whose names are set
23 forth in annex 2 of this indictment. Haradin Bala and Isak Musliu
24 participated in or aided and abetted the murder of the four detainees.
25 On a date in or about June or July 1998, KLA forces under the
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1 command and control of Fatmir Limaj beat, tortured, and murdered Fehmi
2 Xhema, aka Fehmi Tafa, at the Lapusnik prison camp. Haradin Bala and Isak
3 Musliu participated in or aided and abetted the murder of Fehmi Xhema, aka
4 Fehmi Tafa.
5 By these acts and omissions, Fatmir Limaj, Haradin Bala, and Isak
6 Musliu participated in:
7 Count 6: Murder, a crime against humanity, punishable under
8 Articles 5(a), 7(1), and 7(3) of the Statute of the Tribunal.
9 Count 7: Murder, a violation of the laws or customs of war as
10 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
11 punishable under Article 3, 7(1), and 7(3) of the Statute of the Tribunal.
12 Counts 8 to 9: Murder.
13 On or about the 25th of July, 1998, in or around the Berisa
14 mountains near the Lapusnik prison camp, Fatmir Limaj individually and in
15 concert with the KLA forces under his command and control, planned,
16 instigated, ordered, or otherwise aided and abetted the planning,
17 preparation, or execution of the crime of murder of 11 Albanian detainees.
18 Fatmir Limaj also knew or had reason to know that the crime of murder was
19 about to be committed or had been committed by his subordinates, and he
20 failed to take the necessary and reasonable measures to prevent such acts
21 or punish the perpetrators thereof. Haradin Bala committed, or otherwise
22 aided and abetted the execution of the crime of murder of the 11 Albanian
23 detainees.
24 Shortly before the 25th of July 1998, Serb forces retook the area
25 around the Lapusnik prison camp. As a result, on the 25th of July, 1998,
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1 the KLA abandoned the Lapusnik prison camp, and Haradin Bala marched
2 approximately 22 detainees from the camp into the Berisa mountains. On
3 the way, they met with Fatmir Limaj who gave orders to Haradin Bala.
4 Shortly thereafter, Haradin Bala divided the detainees into two
5 groups, one group, approximately 9 detainees was released. The other
6 group, of approximately 13 detainees, was marched by Haradin Bala and a
7 second KLA soldier to a clearing in the woods. Haradin Bala and the KLA
8 soldier then shot and killed, killing 11 of the detainees whose names are
9 set forth in annex 3 to this indictment.
10 By these acts and omissions, Fatmir Limaj, Haradin Bala
11 participated in:
12 Count 8: Murder, a crime against humanity, as punishable under
13 Article 5(a), 7(1), and 7(3) of the Statute of the Tribunal.
14 Count 9: Murder, a violation of the laws or customs of war as
15 recognised by Article 3(1)(a) of the Geneva Conventions of 1949,
16 punishable under Articles 3, 7(1), and 7(3) of the Statute of the
17 Tribunal.
18 JUDGE LIU: Thank you. You may sit down.
19 Mr. Khan, does your client know that he must plead to the charges
20 in the indictment within 30 days of this initial appearance? And if he so
21 wishes, he can also do so today. Is he ready to enter a plea today?
22 MR. KHAN: Your Honour, he is aware of those rules, and he is
23 ready to enter a plea.
24 JUDGE LIU: Thank you.
25 Mr. Limaj, are you now ready to enter pleas to the charges against
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1 you in the indictment?
2 THE ACCUSED LIMAJ: [Interpretation] Yes.
3 JUDGE LIU: Well, I propose to read out to you just the charges,
4 and then I'll ask you, "How do you plead to that charge, guilty or not
5 guilty?" Your answer in each case should be "guilty" or "not guilty" as
6 the case may be. Is that clear?
7 THE ACCUSED LIMAJ: [Interpretation] Yes.
8 JUDGE LIU: The first count against you is a charge of
9 imprisonment, being a crime against humanity. How do you plead, guilty or
10 not guilty?
11 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
12 JUDGE LIU: The second count is a charge of cruel treatment, as a
13 violation of the laws or customs of war. How do you plead, guilty or not
14 guilty?
15 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
16 JUDGE LIU: The third count is a charge of torture, being a crime
17 against humanity. How do you plead, guilty or not guilty?
18 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
19 JUDGE LIU: The fourth count is another charge of torture as a
20 violation of the laws or customs of war. Do you plead guilty or not
21 guilty?
22 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
23 JUDGE LIU: The fifth count is a charge of cruel treatment as a
24 violation of the laws and customs of war. How do you plead, guilty or not
25 guilty?
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1 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
2 JUDGE LIU: The sixth count is a charge of murder, as a crime
3 against humanity, punishable under Article 7(3). How do you plead, guilty
4 or not guilty?
5 THE ACCUSED LIMAJ: [Interpretation] Not guilty, completely.
6 JUDGE LIU: The seventh count is another charge of murder as a
7 violation of the laws and customs of war punishable under Article 7(3).
8 How do you plead, guilty or not guilty?
9 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
10 JUDGE LIU: The eighth count is a charge of murder as a crime
11 against humanity, punishable under Article 7(3). How do you plead, guilty
12 or not guilty?
13 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
14 JUDGE LIU: The ninth count is a charge of murder as a violation
15 of the laws or customs of war, punishable under Article 7(3). How do you
16 plead, guilty or not guilty?
17 THE ACCUSED LIMAJ: [Interpretation] Not guilty.
18 JUDGE LIU: Very well. You may sit down, please.
19 The Registrar will take note of the plea the accused entered today
20 and will be instructed to fix a date for trial when appropriate. And the
21 accused is remanded in custody until further order. A Status Conference
22 will be scheduled to take place within 120 days of the initial appearance
23 in accordance with Rule 65 bis. And all of you will be informed of that
24 date.
25 At this moment, I would like to remind the Prosecutors of your
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1 obligations under Rule 66(A)(i) of the Rules of Procedure and Evidence
2 with regard to the disclosure of the supporting materials within 30 days
3 of today. I would also remind the counsel of the accused whether you will
4 continue to serve as his counsel after today or not, the preliminary
5 motion pursuant to Rule 72 may be filed on behalf of the accused no later
6 than 30 days after the disclosure by the Prosecutors pursuant to
7 62(A)(i).
8 Is there any matter which the Prosecution wish to raise at this
9 stage, Madam del Ponte?
10 MS. DEL PONTE: No, Your Honour. Thank you.
11 JUDGE LIU: Thank you. By the way, we are expecting the
12 submission of the amended indictment this week.
13 MS. DEL PONTE: Yes, Your Honour.
14 JUDGE LIU: Thank you.
15 And Mr. Khan, is there anything you want to raise at this stage?
16 MR. KHAN: Your Honour, at this stage, no. I'm grateful.
17 JUDGE LIU: Thank you. Well, I believe that's all for today.
18 We'll adjourn.
19 --- Whereupon the initial appearance concluded at
20 4.09 p.m.
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