Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Tuesday, 21 May, 2002

2 [Open session]

3 [Initial Appearance]

4 [The accused entered court]

5 --- Upon commencing at 2.19 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-95-11-I, the Prosecutor versus Milan Martic.

10 JUDGE LIU: Thank you. May I have the appearances, please. For

11 the Prosecution?

12 MS. UERTZ-RETZLAFF: Good afternoon, Your Honour. For the

13 Prosecution Ms. Diane Boles as case manager and my name is Hildegard

14 Uertz-Retzlaff.

15 JUDGE LIU: Thank you. For the accused?

16 MR. S. KASTRATOVIC: [Interpretation] Your Honours, my learned

17 friends, legal assistants, ladies and gentlemen, journalists, this is my

18 first appearance before the International Criminal Tribunal here in The

19 Hague and therefore, I am bound to introduce myself to you, and I will do

20 that with pleasure. I'm Strahina Kastratovic from -- lawyer from

21 Belgrade, I'm afraid you will be in trouble pronouncing my name, but I

22 suppose you will learn that. I will be the lead counsellor in the

23 defence of the accused, Milan Martic. My legal assistant will be Marko

24 Kastratovic. This is the young man sitting to my left.

25 I will not give you the year of my birth, and deliberately so. I

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1 hope you will understand that and understand it [As interpreted]. I have

2 been a lawyer for almost 40 years and no doubt, thus you will be also able

3 to establish what I've tried to gloss over. I also wish to say something

4 which I believe is very important and which I think will affect our future

5 work. My --

6 JUDGE LIU: Well, Mr. Kastratovic. I hope what you said is

7 closely related to this initial appearance. I will give you a chance if

8 you have something to talk about, the substantial matters for the initial

9 appearance. Here, we just want to know your name and your co-counsel's

10 name.

11 MR. S. KASTRATOVIC: [Interpretation] May I just say that I have

12 problems hearing. It seems that my headset is not quite all right and I

13 can't hear very well.

14 JUDGE LIU: Is that okay? You can hear me?

15 MR. S. KASTRATOVIC: [Interpretation] Yes, yes, I can. But, Your

16 Honour, could you repeat, please, what you just said? Because I could not

17 hear you.

18 JUDGE LIU: Well, just now I was telling you that I hope what you

19 said is closely related to this initial appearance. I'll give you a

20 chance if you have something to talk about. That is the substantial

21 matters for the initial appearance. Here, at this moment, we just want to

22 know your name and your co-counsel's name.

23 MR. S. KASTRATOVIC: [Interpretation] Thank you, Your Honour, for

24 this instruction. I hope you will give me an opportunity to make some

25 comments later on. I believe they will be of major importance for our

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1 cooperation with our learned friends and the honourable court precisely

2 because I think there are certain matters which we shall be able to

3 resolve easier if I point out them at -- right at the outset. Thank you

4 very much. I have given you my name and some information about myself.

5 JUDGE LIU: Yes. There is one question I want to ask you. Are

6 you the counsel for the accused just for this initial appearance or for

7 the whole trial proceedings?

8 MR. S. KASTRATOVIC: [Interpretation] I am Mr. Milan Martic's

9 counsel. I have been his counsel from the beginning, and I hope that, if

10 my health serves me well, I will be with him until the end, with the team

11 that I will appoint and which I have already appointed, to a degree.

12 JUDGE LIU: Thank you very much. You may sit down, please. We

13 will proceed with the initial appearance of the accused. Mr. Martic,

14 pursuant to Rule 62 of the Rules of Procedure and Evidence.

15 Mr. Martic, would you please stand up? Can you hear the

16 proceedings in a language that you understand?

17 THE ACCUSED: [Interpretation] -- [no interpretation].

18 THE INTERPRETER: Could the microphone for the accused be switched

19 on?

20 THE ACCUSED: [Interpretation] Yes, I can understand everything.

21 JUDGE LIU: Would you please give your full name and the nicknames

22 for the record?

23 THE ACCUSED: [Interpretation] I am Milan Martic. I have no

24 nicknames.

25 JUDGE LIU: Very well. What is the date and place of your birth?

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1 THE ACCUSED: [Interpretation] I was born on the 18th of November,

2 1954, in the village of Zagrebvici, municipality of Knin.

3 JUDGE LIU: What is the address at which you resided before you

4 were arrested?

5 THE ACCUSED: [Interpretation] My address was in Serbia, Vrnjacka

6 Banja, Slatinski 11B.

7 JUDGE LIU: Thank you. Have you received the indictment against

8 you in a language you understand? And did you have a chance to read it?

9 THE ACCUSED: [Interpretation] Yes. I received it some 15 days

10 ago, but I also saw it before that. That is, I have had the opportunity

11 to read it and understand it.

12 JUDGE LIU: Do you understand its contents?

13 THE ACCUSED: [Interpretation] Yes, I do, fully.

14 JUDGE LIU: Do you have an opportunity to discuss the indictment

15 with your counsel?

16 THE ACCUSED: [Interpretation] As much as I communicated with him

17 before I surrendered myself to the Tribunal.

18 JUDGE LIU: Have you been advised of your rights under the Statute

19 and Rules of Procedure and Evidence of this Tribunal?

20 THE ACCUSED: [Interpretation] Yes, some.

21 JUDGE LIU: Thank you. You may sit down, please.

22 THE ACCUSED: [Interpretation] Thank you.

23 JUDGE LIU: Any way, I will let Madam Registrar to read out

24 Article 20 and 21 of the Statute, which is about the rights of the

25 accused.

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1 THE REGISTRAR: Yes, Your Honour. Article 20: Commencement and

2 conduct of trial proceedings. The Trial Chamber shall ensure that a trial

3 is fair and expeditious and that the proceedings are conducted in

4 accordance with the Rules of Procedure and Evidence, with full respect for

5 the rights of the accused and due regard for the protection of victims and

6 witnesses.

7 2: A person against whom an indictment has been confirmed shall,

8 pursuant to an order or an arrest warrant of the International Tribunal,

9 be taken into custody, immediately informed of the charges against him and

10 transferred to the International Tribunal.

11 3: The Trial Chamber shall read the indictment, satisfy itself

12 that the rights of the accused are respected, confirm that the accused

13 understands the indictment and instruct the accused to enter a plea. The

14 Trial Chamber shall then set a date for trial.

15 4: The hearing shall be public unless the Trial Chamber decides

16 to close the proceedings in accordance with its Rules of Procedure and

17 Evidence.

18 Article 21, rights of the accused.

19 1: All persons shall be equal before the International Tribunal.

20 2: In the determination of charges against him, the accused shall

21 be entitled to a fair and public hearing, subject to Article 22 of the

22 statute.

23 3: The accused shall be presumed innocent until proven guilty

24 according to the provisions of the present Statute.

25 4: In the determination of any charges against the accused

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1 pursuant to the present statute, the accused shall be entitled to the

2 following minimum guarantees in full equality.

3 A: To be informed promptly and in detail, in a language which I

4 understands, of the nature and cause of the charge against him.

5 B: To have adequate time and facilities for the preparation of

6 his defence and to communicate with counsel of his own choosing.

7 C: To be tried without undue delay.

8 D: To be tried in his presence and to defend himself in person or

9 through legal assistance of his own choosing, to be informed, if he does

10 not have legal assistance of this right. And to have legal assistance

11 assigned to him, in any case where the interests of justice so require,

12 and without payment by him in any such case, if he does not have

13 sufficient means to pay for it.

14 E: To examine or have examined the witnesses against him and to

15 obtain the attendance and examination of witnesses on his behalf under the

16 same conditions as witnesses against him.

17 F: To have the free assistance of an interpreter if he can not

18 understand or speak the language used in the International Tribunal.

19 G: Not to be compelled to testify against himself or confess

20 guilt.

21 JUDGE LIU: Madam Registrar, would you please read out the

22 indictment?

23 THE REGISTRAR: Yes, Your Honour, the Prosecutor of the Tribunal

24 against Milan Martic. The Prosecutor of the International Criminal

25 Tribunal for the Former Yugoslavia, pursuant to his authority under

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1 Article 18 of the statute of the International Criminal Tribunal for the

2 Former Yugoslavia, Tribunal Statute, charges:

3 1: Since the summer of 1991, the Armed Forces of the Republic of

4 Croatia, HV, have been engaged in an armed conflict with the armed forces

5 of the self-proclaimed Republic of Serbian Krajina, ARSK. From the

6 commencements of the war in the summer of 1991, until the end of the year,

7 the ARSK, with the assistance of the Yugoslav People's Army, also known as

8 the JNA, defeated the HV in numerous battles taking control of

9 approximately one-third of the Republic of Croatia, including parts of

10 East and West Slovenia and the Krajina. After the ceasefire in January of

11 1992, the United Nations Protection Force, UNPROFOR, was installed in the

12 areas held by the ARSK.

13 One area held by the ARSK in Western Slovenia was the UN Western

14 Zone, also known as Sector West, which remained under the control of the

15 ARSK until the 1st of May, 1995.

16 On 1 May, 1995, the HV attacked the ARSK forces in Sector West and

17 drove the ARSK forces south across the Sava River into the Serbian held

18 part of Bosnia.

19 In retaliation the military forces of the ARSK were given orders

20 by Milan Martic, the president of the self-proclaimed Republic of Serbian

21 Krajina, RSK, to attack three Croatian cities, including Zagreb, the

22 capital of the Republic of Croatia.

23 The Orkan rocket, a long range weapon, can be fitted with

24 different warheads to accomplish distinct tasks: either to destroy

25 military targets or to kill people. When the Orkan is fitted with

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1 a "cluster bomb" such as used against Zagreb, it is an anti-personnel

2 weapon designed only to kill people.

3 On the 2nd of May, 1995, at approximately 10.25 hours, upon the

4 orders of Milan Martic, Orkan rockets fitted with "cluster bomb" warheads

5 were fired into the central part of Zagreb by the ARSK, causing death and

6 injury to civilians in Zagreb. This was an unlawful attack against a

7 civilian population and individual citizens.

8 On May 3, 1995, at approximately 12.10 hours, upon the order of

9 Milan Martic, the ARSK fired additional Orkan rockets with "cluster bomb"

10 warheads into the central part of Zagreb, again causing death and injury

11 to civilians in Zagreb. This was also an unlawful attack against the

12 civilian population and individual citizens.

13 The accused, Milan Martic, was born on the 18th of November, 1945,

14 near Knin --

15 THE ACCUSED: [Interpretation] 54, don't make me older than I am.

16 I was born in 1954.

17 THE REGISTRAR: I stand corrected by the accused.

18 Milan Martic was born on the 18th of November, 1954, near Knin

19 Croatia. He is a graduate of the Croatian police academy and was a senior

20 inspector with the Croatian Ministry of Internal Affairs.

21 In January of 1991, Milan Martic was named head of internal

22 affairs for the self-proclaimed RSK. He was reappointed to that post in

23 1993, and in February of 1994, he became president of the self-proclaimed

24 RSK. He currently resides in Knin, the capital of the self-proclaimed

25 RSK.

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1 General allegations:

2 At all relevant times, a state of armed conflict existed in the

3 Republic of Croatia.

4 At all relevant times, the victims alleged in this indictment were

5 civilians who were protected by the laws and customs of war.

6 At all relevant times, Milan Martic was required to abide by the

7 laws and customs governing the conduct of war.

8 Charges:

9 Count 1: On the 2nd of May, 1995, Milan Martic, as president of

10 the self-proclaimed RSK, knowingly and willingly ordered an unlawful

11 attack against the civilian population and individual civilians of Zagreb,

12 causing at least five deaths and numerous injuries to the civilian

13 population and individual civilians of Zagreb, and in doing so, Milan

14 Martic violated the laws and customs governing the conduct of war, a crime

15 recognised by Articles 3 and 7(1) of the Tribunal statute; or

16 alternatively, count 2:

17 On May 2, 1995, Milan Martic, as president of the self-proclaimed

18 RSK, knew or had reason to know, that a subordinate in the ARSK was about

19 to commit and did commit a war crime, that is the unlawful rocket attack

20 against the civilian population and individual civilians of Zagreb, and

21 Milan Martic failed to take the necessary and reasonable measures to

22 prevent the attack and failed to punish the perpetrators of the attack,

23 all in violation of Articles 3 and 7(3) of the Tribunal Statute.

24 Count 3:

25 On 3 May, 1995, Milan Martic, as president of the self-proclaimed

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1 RSK, knowingly and willingly -- wilfully, excuse me, ordered an unlawful

2 attack against a civilian population and individual civilians of Zagreb,

3 causing at least two deaths and numerous injuries to the civilian

4 population and individual civilians of Zagreb, and in doing so, Milan

5 Martic violated the laws and customs governing the conduct of war, a crime

6 recognised by Articles 3 and 7(1) of the Tribunal statute; or,

7 alternatively, count 4:

8 On 3 May, 1995, Milan Martic, as president of the self-proclaimed

9 RSK, knew or had reason to know that a subordinate in the ARSK was about

10 to commit and did commit a war crime, that is, the unlawful rocket attack

11 against the civilian population and individual civilians of Zagreb, and

12 Milan Martic failed to take the necessary and reasonable measures to

13 prevent the attack and failed to punish the perpetrators of the attack,

14 all in violation of Articles 3 and 7(3) of the Tribunal Statute.

15 JUDGE LIU: Thank you, Madam Registrar. In accordance with the

16 Rule 62 of the Rules of Procedure and Evidence of this Tribunal, the

17 accused has the right to plead guilty or not guilty to each of the counts

18 today or within 30 days from this initial appearance. Shall the accused

19 fail to enter a plea within this time limit, the Trial Chamber shall enter

20 a plea of not guilty on his behalf.

21 Mr. Kastratovic, is your client ready to enter his plea today?

22 MR. S. KASTRATOVIC: [Interpretation] Yes, he is, but using a

23 general sentence guilty or not guilty, not going into reasons for either.

24 So the client will answer your question.

25 JUDGE LIU: Yes. Mr. Martic, I will now repeat the individual

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1 charges brought against you, and then I will ask you whether you plead

2 guilty or not guilty to the specific charge. Your answer in each case

3 should be guilty or not guilty as the case may be. Do you understand

4 that?

5 THE ACCUSED: [Interpretation] I do.

6 JUDGE LIU: Very well. Let's begin. Count 1 contains a charge of

7 an unlawful attack on the civilians on May 2nd, 1995, as a violation of

8 the law or customs of law that you alleged ordered. How do you plead?

9 Guilty or not guilty?

10 THE ACCUSED: [Interpretation] Not guilty.

11 JUDGE LIU: Count 2 charges you alternatively, with commanding

12 responsibility for unlawful attack on civilians on May 2nd, 1995, as a

13 violation of the laws and customs of war. Do you plead guilty or not

14 guilty?

15 THE ACCUSED: [Interpretation] Not guilty.

16 JUDGE LIU: Count 3 contains a charge of unlawful attack on

17 civilians on May the 3rd, 1995, as a violations of the laws or customs of

18 war, that you allegedly ordered. How do you plead, guilty or not guilty?

19 THE ACCUSED: [Interpretation] Not guilty, and my counsel will

20 provide further explanation why did I do what I did.

21 JUDGE LIU: Count 4 charges you alternatively with command

22 responsibility of unlawful attack on civilians on May the 3rd, 1995, as

23 a violation of the laws or customs of war. How do you plead, guilty or

24 not guilty?

25 THE ACCUSED: [Interpretation] Not guilty.

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1 JUDGE LIU: Thank you, sir. You may sit down, please.

2 May Madam Registrar take note that Mr. Martic pleaded not guilty

3 to the counts of the indictment.

4 The Registrar will be instructed to fix a date for trial when

5 appropriate. The accused is to remain in custody until further order.

6 Is there any other matter the Prosecution wishes to raise at this

7 stage? Yes, Madam Prosecutor?

8 MS. UERTZ-RETZLAFF: Yes, Your Honour. It's actually two points

9 that I want to raise. The first is actually an information for Your

10 Honour, in relation to disclosure, today we have already provided the

11 supporting material in English and also the transcript of the Rule 61

12 hearing in this case, including also the documentary evidence that was

13 provided. This is the first point.

14 JUDGE LIU: Are they all translated into B/C/S or into any other

15 language that the accused understands?

16 MS. UERTZ-RETZLAFF: It was provided in English language and the

17 translation will be provided within the time limits given by the Rules.

18 JUDGE LIU: Thank you.

19 MS. UERTZ-RETZLAFF: And the second point is just already for the

20 Defence and for the Trial Chamber. The Prosecution intends to amend the

21 indictment, and not only in relation to the wrong birth date, but also in

22 relation to substantial matters.

23 JUDGE LIU: Well, for your information, the Presiding Judge of

24 this Trial Chamber has assigned me the Pre-Trial Judge for this case. You

25 may file your motion for the amendment of the indictment to me. Thank

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1 you.

2 Is there any matter that Defence wishes to raise at this stage?

3 Mr. Kastratovic?

4 MR. S. KASTRATOVIC: [Interpretation] Yes, Your Honour. On behalf

5 of my client, Mr. Milan Martic, and in my own name, I should like to raise

6 several important matters, several fundamental facts which determine our

7 attitude to this Tribunal. I have trusted the fairness of this Tribunal

8 ever since the day when my country was readmitted to the United Nations

9 and ever since I have not distinguished between the courts in my country

10 and this Court. My client, Mr. Milan Martic, began to trust this Tribunal

11 somewhat later, when the democratic authority was instituted in our

12 country and when cooperation with the Tribunal started. Since then,

13 Mr. Milan Martic thought it his civic duty to --

14 JUDGE LIU: Excuse me to interrupt you, Mr. Kastratovic. You have

15 to understand that whatever you said has to be translated into English and

16 French, the two official languages of this Tribunal. So please speak

17 slowly and make a stop at every sentence so that the interpreter and the

18 Court reporter to catch up with you. I'm sorry for the interruption. You

19 may proceed.

20 MR. S. KASTRATOVIC: [Interpretation] My apologies, Your Honour,

21 and I will repeat only my last sentence. From that time on, the accused

22 Martic has considered it his civil duty to surrender himself to this

23 Honourable Court, believing in its good faith and fairness and trusting

24 that, in an unbiased procedure, through me, he will prove what he

25 intends to prove. Needless to say, you have already decided that

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1 Mr. Martic be kept into detention. I would not insist on his release from

2 detention, because at this point in time I do not think that it would be

3 justified. I also wish to inform you that Mr. Martic and I will do our

4 best to very quickly, in a written submission, define or lay down the

5 principal points of our defence, to establish facts which are in dispute

6 and which are not in dispute, so as not -- bigger problem from what

7 already is a problem, and thus encumber the Court more. I hope that we

8 shall be able to resolve a number of questions with the Prosecutor before

9 the main hearing, and that when the trial starts, you will have to deal

10 only with matters which we have not been able to settle between us.

11 As I have said, we do not want this case to be procrastinated

12 because it would be at the expense of the Court, of my client and of

13 justice. You will find in us collaborators who will abide by the

14 procedure as envisaged by the Rules.

15 Thank you very much.

16 JUDGE LIU: Thank you very much. Madam Prosecutor, although you

17 have informed this Trial Chamber that you have already disclosed

18 supporting material, but for the record, I have to remind you that

19 pursuant to Rule 66 of the Rules of Procedure and Evidence, it has 30 days

20 to disclose the supporting materials with the indictment. And Defence is

21 advised that it will have 30 days period for filing any preliminary

22 motions once it has received all the supporting material in accordance

23 with Rule 66 of the rules. You may challenge the jurisdiction as well as

24 file any other motions like the motion for the provisional release of your

25 client. For the expeditious preparation of the case, a Status Conference

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1 will be scheduled within 120 days from today, pursuant to Rule 65 bis (A).

2 I believe that's all for this initial appearance.

3 I will now adjourn the proceedings.

4 ---Whereupon the Initial Appearance

5 adjourned at 2.56 p.m.

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