Page 16373
1 Monday, 16th November, 1998
2 (Judgement)
3 (Open session)
4 (The accused entered court)
5 --- Upon commencing at 10.04 a.m.
6 JUDGE KARIBI-WHYTE: Will the registrar
7 please call the case?
8 THE REGISTRAR: This is case number
9 IT-96-21-T, the Prosecutor of the Tribunal against
10 Zejnil Delalic, Zdravko Mucic, Hazim Delic, and Esad
11 Landzo.
12 JUDGE KARIBI-WHYTE: Good morning, ladies and
13 gentlemen. Can each of the accused hear me in a
14 language which he understands?
15 Mr. Delic -- Mr. Delalic, I mean, first.
16 THE ACCUSED DELALIC: Yes, Your Honour.
17 JUDGE KARIBI-WHYTE: Mr. Mucic?
18 THE ACCUSED MUCIC: Yes.
19 JUDGE KARIBI-WHYTE: Mr. Delic?
20 THE ACCUSED DELIC: Yes.
21 JUDGE KARIBI-WHYTE: Mr. Landzo?
22 THE ACCUSED LANDZO: Yes.
23 JUDGE KARIBI-WHYTE: May we have the
24 appearances for the Prosecution and for the Defence,
25 please?
Page 16374
1 MR. NIEMANN: Good morning, Your Honours. If
2 Your Honours please, my name is Niemann, and I appear
3 with my colleague Mr. Huber for the Prosecution.
4 JUDGE KARIBI-WHYTE: Thank you very much.
5 The appearances for the Defence?
6 MS. RESIDOVIC: Good morning, Your Honours.
7 My name is Edina Residovic, I'm an attorney at law from
8 Sarajevo, and I'm representing Mr. Zejnil Delalic
9 together with my colleagues, Mr. Eugene O'Sullivan,
10 professor from Canada, and Mr. Ekrem Galijatovic, an
11 attorney at law from Sarajevo. Thank you.
12 MR. MORRISON: Good morning, Your Honour. My
13 name is Howard Morrison from the English bar. I appear
14 for Mr. Mucic, together with Madam Buturovic, and
15 Mr. Greaves appears as legal counsel.
16 JUDGE KARIBI-WHYTE: Thank you very much.
17 May we have the appearances for Mr. Delic?
18 MR. KARABDIC: Good morning, Your Honours.
19 My name is Salih Karabdic, I'm an attorney at law from
20 Sarajevo, and I'm appearing on behalf of Mr. Hazim
21 Delic, together with my colleague Mr. Tom Moran, an
22 attorney at law from Houston, Texas.
23 MS. McMURREY: Good morning, Your Honours.
24 I'm Cynthia McMurrey and, along with my colleague
25 Ms. Nancy Boler, we represent Mr. Esad Landzo. Thank
Page 16375
1 you.
2 JUDGE KARIBI-WHYTE: I thought you were
3 appearing in your new designation.
4 MS. McMURREY: That's Cynthia
5 McMurrey-Sinatra. Thank you.
6 JUDGE KARIBI-WHYTE: Thank you. This morning
7 the Trial Chamber pronounces its Judgment in this case,
8 which has become known as the Celebici case, the second
9 Judgment upon trial to be rendered by the International
10 Tribunal and the first to be completed involving more
11 than one accused person.
12 The trial of the four accused commenced on
13 10 March, 1997 and covered a period of some 19 months.
14 The Trial Chamber has been presented with a great
15 quantity of evidence on the part of both the
16 Prosecution and the Defence, including the testimony of
17 numerous witnesses and many hundreds of pages of
18 documents, which it has considered carefully along with
19 the arguments of the parties.
20 The crimes alleged in the indictment of the
21 four accused are serious violations of international
22 humanitarian law and, as such, merit the most careful
23 consideration, for they involve many complex issues of
24 fact and law previously unaddressed by any
25 international judicial body. In addition, the trial
Page 16376
1 has raised many procedural and evidentiary matters
2 which an International Tribunal must perforce resolve,
3 and the Trial Chamber has given all of these due
4 attention, always bearing in mind the rights of the
5 accused and the need for a fair and expeditious trial.
6 The written Judgment of the Trial Chamber is
7 thus a lengthy document, constituting almost 500 pages,
8 which is not possible to read out this morning in its
9 entirety. Instead, we will briefly describe how the
10 Judgment is laid out and give a summary of its
11 content. After doing this, the Judgment in relation to
12 each of the accused and each count of the indictment
13 will be announced.
14 The Judgment is divided into six sections,
15 each constituting an integral part of the whole.
16 Section I is the introductory part which
17 introduces the indictment and sets out the procedural
18 history of the case.
19 Section II discusses the background and
20 preliminary factual findings as to the conflict in the
21 relevant area of Bosnia and Herzegovina, the political
22 structure of and military forces present in the
23 municipality of Konjic, the municipality with which the
24 present case is concerned, and the existence of the
25 Celebici prison camp.
Page 16377
1 Section III provides an analysis of the law
2 applicable to the case, being Articles 2, 3, and 7 of
3 the Statute of the International Tribunal and sets out
4 the elements of each of the offences with which the
5 accused are charged.
6 Section IV contains the Trial Chamber's
7 analysis of the facts of the case and the evidence
8 before it, as well as its findings in relation to each
9 of the counts of the indictment.
10 Section V then addresses the matter of
11 sentencing, in general and as applicable to each of the
12 accused.
13 Finally, Section VI presents the Judgment of
14 the Trial Chamber on the guilt or innocence of each of
15 the accused in relation to each of the charges against
16 them and the sentence for each accused in relation to
17 those counts of which they are found guilty is
18 imposed. In addition, annexed to the Judgment are
19 various documents, including the indictment, a glossary
20 of abbreviations used, a map and a plan and various
21 photographs of the Celebici prison camp.
22 The Trial Chamber now wishes to highlight
23 certain aspects of the Judgment in each of these
24 sections.
25 In Section I, the Judgment contains a
Page 16378
1 description of the charges in the indictment, which are
2 various counts of violations of Article 2 of the
3 Statute, grave breaches of the Geneva Conventions, and
4 Article 3 of the Statute, violations of the laws or
5 customs of war alleged to have been committed within
6 the Celebici prison camp in the Konjic municipality in
7 Central Bosnia and Herzegovina over a period of months
8 in 1992.
9 The fourth accused, Esad Landzo, is thus
10 charged pursuant to Article 7(1) of the Statute, with
11 wilful killing and murder, torture and cruel treatment
12 and wilfully causing great suffering or serious injury
13 to body or health. The third accused, Hazim Delic, is
14 similarly charged on Article 7(1) with wilful killing
15 and murder, torture - including rape - and cruel
16 treatment, inhumane treatment, wilfully causing great
17 suffering or serious injury to body or health, the
18 unlawful confinement of civilians and plunder of
19 private property. Hazim Delic is also charged,
20 pursuant to Article 7(3) of the Statute, with
21 responsibility as a superior for the crimes which
22 occurred in the Celebici prison camp at this time.
23 The second accused, Zdravko Mucic, is also
24 charged pursuant to Article 7(3) with responsibility as
25 a superior for the crimes alleged in the indictment,
Page 16379
1 due to his position as commander of the Celebici prison
2 camp at the relevant time. Mr. Mucic is further
3 charged as a direct participant of the unlawful
4 confinement of civilians, the plunder of private
5 property and the wilful causing of great suffering or
6 serious injury to body or health and cruel treatment
7 for the inhumane conditions which existed in the
8 Celebici prison camp.
9 The first accused, Zejnil Delalic, is charged
10 pursuant to Article 7(3) with responsibility as a
11 superior for the crimes alleged in the indictment, due
12 to his overall command over the Celebici prison camp at
13 the relevant time. Mr. Delalic is also charged as a
14 direct participant in the unlawful confinement of
15 civilians.
16 The introductory section also describes the
17 procedure which was followed for the indictment, arrest
18 and transfer of the accused, as well as the many
19 pre-trial matters which were raised and resolved and
20 the motions which were brought and decided during the
21 trial itself. The Trial Chamber wishes to note the
22 quantity and diversity of such issues raised, including
23 many of important substance and others of less
24 consequence.
25 In Section II, the Judgment places the crimes
Page 16380
1 alleged in the indictment in context. It gives an
2 overview of the background to the disintegration of the
3 Socialist Federal Republic of Yugoslavia and the
4 conflicts which developed in Slovenia, Croatia, and
5 Bosnia and Herzegovina. It discusses in more depth the
6 military forces which were involved in Bosnia and
7 Herzegovina and then focuses more particularly on the
8 Konjic municipality. The fighting which occurred in
9 Konjic in April, May, and June of 1992 is described,
10 including those operations which resulted in the
11 establishment of a detention facility in a former JNA
12 barracks at the village of Celebici to house those
13 Bosnian Serbs arrested by the forces of the Bosnian
14 government. The various buildings and other structures
15 in the Celebici prison camp which are relevant to the
16 present case are also described.
17 Section III starts the discussion of the
18 applicable law with an examination of Article 1 of the
19 Statute. Most importantly, it is found that in the
20 period relevant to the indictment, a situation of armed
21 conflict existed in Bosnia and Herzegovina, which
22 incorporated the municipality of Konjic. In Konjic,
23 this armed conflict involved the forces of the Bosnian
24 government - the territorial defence forces and the
25 Ministry of Interior forces (MUP), for a time acting
Page 16381
1 jointly with the Croatian Defence Council (HVO) -
2 engaging the Bosnian Serb forces - initially the JNA,
3 and then the Bosnian Serb army (VRS), joined by local
4 volunteers and militia. It is, furthermore, found that
5 there is a clear nexus between the acts of the accused
6 alleged in the indictment and this armed conflict.
7 Section III discusses at length the
8 provisions of Article 2 of the Statute and the
9 requirements which must be satisfied in order for a
10 "grave breach of the Geneva Conventions of 1949" to
11 have been committed. In particular, the Judgment
12 focuses on the question of whether the armed conflict
13 with which we are concerned may be characterised as
14 "international" as well as whether the victims of the
15 alleged crimes were "persons protected" by the Geneva
16 Conventions of 1949. The Trial Chamber considers these
17 issues to be fundamentally important, first to the
18 resolution of the present case and, secondly, to
19 establishing the correct legal classification of the
20 conflict in Bosnia and Herzegovina and the extent of
21 legal protection to be afforded to the population of
22 that State, which found itself caught up in the horrors
23 of a brutal war.
24 The Trial Chamber finds that the conflict in
25 Bosnia and Herzegovina must be regarded as an
Page 16382
1 international armed conflict throughout 1992. There
2 can be no question that forces external to Bosnia and
3 Herzegovina, particularly the forces of the Yugoslav
4 People's Army (JNA), participated in the hostilities in
5 that State. In mid-May 1992, there was an attempt by
6 the authorities of the Federal Republic of Yugoslavia
7 (Serbia and Montenegro) to create the appearance that
8 they were no longer involved in Bosnia and Herzegovina
9 by the division of the JNA into the Bosnian Serb army
10 (VRS) and the Yugoslav army (VJ). The Trial Chamber
11 finds, however, that this was a deliberate attempt to
12 mask the continued involvement of the FRY, the Federal
13 Republic of Yugoslavia, whose government remained the
14 controlling force behind the Bosnian Serbs.
15 The Trial Chamber also finds that at all
16 relevant times the persons detained in the Celebici
17 prison camp, being the victims of the crimes alleged in
18 the indictment, were persons protected by the Fourth
19 Geneva Convention concerning civilian populations. In
20 particular, it is the firm belief of the Trial Chamber
21 that civilians caught up in an international armed
22 conflict resulting from the dissolution of a State
23 cannot be denied the full protection of the Fourth
24 Geneva Convention solely on the basis of their
25 citizenship status under domestic law.
Page 16383
1 Section III also contains a discussion of
2 Article 3 of the Statute, concerning violations of the
3 laws or customs of war. This discussion particularly
4 relates to the incorporation of Common Article 3 of the
5 Geneva Conventions into Article 3 of the Statute and
6 the finding is made that Common Article 3 is a
7 provision of customary international law which, if
8 violated, entails the individual criminal
9 responsibility of the perpetrator.
10 After briefly addressing the nature of
11 individual criminal responsibility pursuant to Article
12 7(1) of the Statute, Section III contains a detailed
13 discussion of the concept of command responsibility
14 under customary international law and as incorporated
15 in Article 7(3). This is the first elucidation of the
16 concept of command responsibility by an international
17 judicial body since the cases decided in the wake of
18 the Second World War. Most importantly, it is found
19 that not only military commanders but also civilians
20 holding positions of authority are encompassed by the
21 doctrine. Furthermore, for the attribution of criminal
22 responsibility, not only persons in de jure positions
23 of superiority but also those in such positions
24 de facto may be held criminally responsible if they
25 knew or had reason to know that offences had been or
Page 16384
1 were about to be committed by their subordinates and
2 failed to take the necessary and reasonable measures to
3 prevent or punish such offences.
4 Section III continues with a description of
5 the elements of each of the offences charged in the
6 indictment, being wilful killing and murder, torture,
7 wilfully causing great suffering or serious injury to
8 body or health, inhumane treatment, cruel treatment,
9 unlawful confinement of civilians and plunder. In this
10 context, the Trial Chamber wishes to note that there
11 can be no question that acts of rape may constitute
12 torture under customary international law.
13 In Section IV, the law as interpreted in the
14 previous section is applied to the facts of the case.
15 Thus, the position of Zejnil Delalic in relation to the
16 Celebici prison camp is examined in depth, the
17 discussion being divided between the time periods when
18 he was coordinator in the Konjic municipality and when
19 he was the commander of Tactical Group 1 of the Bosnian
20 armed forces. A finding is then made on whether he can
21 be considered to have exercised superior authority over
22 the Celebici prison camp at the relevant time and thus
23 whether he can be held responsible as a commander for
24 the offences alleged to have been committed there.
25 Similarly, the position of Zdravko Mucic is addressed
Page 16385
1 and a finding made on whether, as commander of the
2 Celebici prison camp, he had superior authority over
3 the guards in the prison camp, knew or had reason to
4 know of the offences which were being committed there
5 and, further, whether he took all necessary and
6 reasonable measures to prevent or punish such
7 offences. Once again, this examination is engaged in
8 and findings made with respect to Hazim Delic, as
9 deputy commander of the Celebici prison camp.
10 Section IV contains an analysis of the
11 evidence before the Trial Chamber in relation to each
12 of the counts of the indictment, and the responsibility
13 of each of the accused is assessed and adjudged. To
14 conclude this section, there is a discussion of the
15 special defence of diminished responsibility raised by
16 Esad Landzo.
17 Pursuant to sub-Rule 85(A)(vi) of the Rules
18 of Procedure and Evidence, the Trial Chamber heard the
19 oral submissions of the Prosecution and the Defence on
20 sentencing, commencing on 12 October, 1998. The Trial
21 Chamber also considered the written briefs on
22 sentencing submitted by the parties and, pursuant to
23 sub-Rule 87(C), sets out its discussion and findings in
24 this regard in Section V of the Judgment. It thus
25 takes into consideration various aggravating and
Page 16386
1 mitigating factors as well as the sentencing practices
2 of the courts of the former Yugoslavia in relation to
3 those crimes for which each accused is found guilty.
4 For the foregoing reasons, having considered
5 all of the evidence, the arguments of the parties and
6 the Statute and Rules, the Trial Chamber finds and
7 imposes sentences as follows:
8 Mr. Delalic, will you please stand up?
9 With respect to the first accused, Zejnil
10 Delalic:
11 Counts 13 and 14: Not guilty of a Grave
12 Breach of the Geneva Conventions of 1949 (wilful
13 killings) and a Violation of the Laws or Customs of War
14 (murders).
15 Counts 33 and 34: Not guilty of a Grave
16 Breach of the Geneva Conventions of 1949 (torture) and
17 a Violation of the Laws or Customs of War (torture).
18 Count 35: Not guilty of a Violation of the
19 Laws or Customs of War (cruel treatment).
20 Counts 38 and 39: Not guilty of a Grave
21 Breach of the Geneva Conventions of 1949 (wilfully
22 causing great suffering or serious injury to body or
23 health) and a Violation of the Laws or Customs of War
24 (cruel treatment).
25 Counts 44 and 45: Not guilty of a Grave
Page 16387
1 Breach of the Geneva Conventions of 1949 (inhuman
2 treatment) and a Violation of the Laws or Customs of
3 War (cruel treatment).
4 Counts 46 and 47: Not guilty of a Grave
5 Breach of the Geneva Conventions of 1949 (wilfully
6 causing great suffering or serious injury to body or
7 health) and a Violation of the Laws or Customs of War
8 (cruel treatment).
9 Count 48: Not guilty of a Grave Breach of
10 the Geneva Conventions of 1949 (unlawful confinement of
11 civilians).
12 Mr. Delalic, you may now sit down.
13 THE ACCUSED DELALIC: Thank you very much.
14 JUDGE KARIBI-WHYTE: Mr. Mucic, will you
15 please stand up?
16 With respect to the second accused, Zdravko
17 Mucic:
18 Counts 13 and 14: Superior responsibility
19 for murders.
20 Guilty of a Grave Breach of Geneva Convention
21 IV (wilful killings) and a Violation of the Laws or
22 Customs of War (murders) in respect of Zeljko Cecez,
23 Petko Gligorevic, Gojko Miljanic, Miroslav Vujicic,
24 Pero Mrkajic, Scepo Gotovac, Zeljko Milosevic, Simo
25 Jovanovic, and Bosko Samoukovic.
Page 16388
1 Not guilty in respect of Milorad Kuljanin,
2 Slobodan Babic, and Zeljko Klimenta.
3 Not guilty of a Grave Breach of Geneva
4 Convention IV (wilful killing) and a Violation of the
5 Laws or Customs of War (murder) in respect of Slavko
6 Susic.
7 Guilty of a Grave Breach of Geneva Convention
8 IV (wilfully causing great suffering or serious injury
9 to body or health) and a Violation of the Laws or
10 Customs of War (cruel treatment) in respect of Slavko
11 Susic.
12 For wilful killings, and wilfully causing
13 great suffering or serious injury to body or health, as
14 Grave Breaches of Geneva Convention IV, the Trial
15 Chamber sentences you, Zdravko Mucic, to seven years'
16 imprisonment.
17 For murders and cruel treatment as Violations
18 of the Laws or Customs of War, the Trial Chamber
19 sentences you, Zdravko Mucic, to seven years'
20 imprisonment.
21 Counts 33 and 34: Superior responsibility
22 for acts of torture.
23 Guilty of a Grave Breach of Geneva Convention
24 IV (torture) and a Violation of the Laws or Customs of
25 War in respect of Milovan Kuljanin, Momir Kuljanin,
Page 16389
1 Grozdana Cecez, Milojka Antic, Spasoje Miljevic, and
2 Mirko Djordjic.
3 Not guilty in respect of Mirko Babic.
4 For torture as a Grave Breach of Geneva
5 Convention IV, the Trial Chamber sentences you, Zdravko
6 Mucic, to seven years' imprisonment.
7 For torture as a Violation of the Laws or
8 Customs of War, the Trial Chamber also sentences you,
9 Zdravko Mucic, to seven years' imprisonment.
10 Count 35 is dismissed.
11 Count 38 and 39: Superior responsibility for
12 causing great suffering or serious injury.
13 Guilty of a Grave Breach of Geneva Convention
14 IV (wilfully causing great suffering or serious injury
15 to body or health) and a Violation of the Laws or
16 Customs of War (cruel treatment) in respect of Dragan
17 Kuljanin, Vukasin Mrkajic, and Nedeljko Draganic.
18 Not guilty in respect of Dusko Bendjo.
19 Not guilty of a Grave Breach of Geneva
20 Convention IV (wilfully causing great suffering or
21 serious injury to body or health) in respect of Mirko
22 Kuljanin.
23 Guilty of a Grave Breach of Geneva Convention
24 IV (inhuman treatment) and a Violation of the Laws or
25 Customs of War (cruel treatment) in respect of Mirko
Page 16390
1 Kuljanin.
2 For wilfully causing great suffering or
3 serious injury to body or health, and inhuman
4 treatment, as Grave Breaches of Geneva Convention IV,
5 the Trial Chamber sentences you, Zdravko Mucic, to
6 seven years' imprisonment.
7 For cruel treatment as a Violation of the
8 Laws or Customs of War, the Trial Chamber sentences
9 you, Zdravko Mucic, to seven years' imprisonment.
10 Counts 44 and 45: Superior responsibility
11 for inhumane acts.
12 Guilty of a Grave Breach of Geneva Convention
13 IV (inhuman treatment) and a Violation of the Laws or
14 Customs of War (cruel treatment) in respect of Milenko
15 Kuljanin, Novica Djordjic, Vaso Djordjic, Veseljko
16 Djordjic, Danilo Kuljanin, and Miso Kuljanin.
17 For inhuman treatment as a Grave Breach of
18 Geneva Convention IV, the Trial Chamber sentences you,
19 Zdravko Mucic, to seven years' imprisonment.
20 For cruel treatment as a Violation of the
21 Laws or Customs of War, the Trial Chamber sentences
22 you, Zdravko Mucic, to seven years' imprisonment.
23 Counts 46 and 47: Inhumane conditions.
24 Guilty of a Grave Breach of Geneva Convention
25 IV (wilfully causing great suffering or serious injury
Page 16391
1 to body or health) and a Violation of the Laws or
2 Customs of War (cruel treatment).
3 For wilfully causing great suffering or
4 serious injury to body or health as a Grave Breach of
5 Geneva Convention IV, the Trial Chamber sentences you,
6 Zdravko Mucic, to seven years' imprisonment.
7 For cruel treatment as a Violation of the
8 Laws or Customs of War, the Trial Chamber sentences
9 you, Zdravko Mucic, to seven years' imprisonment.
10 Count 48: Unlawful confinement of
11 civilians.
12 Guilty of a Grave Breach of Geneva Convention
13 IV (unlawful confinement of civilians).
14 For unlawful confinement of civilians as a
15 Grave Breach of Geneva Convention IV, the Trial Chamber
16 sentences you, Zdravko Mucic, to seven years'
17 imprisonment.
18 Count 49: A Violation of the Laws or Customs
19 of War (plunder) is dismissed.
20 In imposing sentence for each count under
21 which you have been found guilty, the Trial Chamber has
22 taken into account a number of factors. We wish to
23 emphasise the duty of a commander of any detention
24 facility during an armed conflict to ensure the proper
25 treatment of the prisoners contained therein. You were
Page 16392
1 clearly derelict in this duty and allowed those under
2 your authority to commit the most heinous of offences
3 without taking any disciplinary action. Furthermore,
4 as commander of the Celebici prison camp, you were the
5 person with the primary responsibility for the
6 conditions in which the prisoners were kept. As
7 discussed in some depth in our written Judgment, the
8 Trial Chamber is appalled by the inadequacy of the food
9 and water supplies and medical and sleeping facilities
10 that were provided for the detainees, as well as the
11 atmosphere of terror which reigned in the Celebici
12 prison camp.
13 The Trial Chamber has also noted your
14 demeanour and general attitude throughout the trial and
15 wishes to emphasise that these are the most solemn of
16 judicial proceedings, involving the most serious of
17 charges, and you have often displayed a lack of
18 appropriate respect as well as a seeming lack of
19 awareness of the gravity of the charges against you.
20 The Trial Chamber has further considered the
21 factors which stand in your favour. We have been made
22 aware of the circumstances prevailing in the Konjic
23 municipality at the relevant time as well as in the
24 Celebici prison camp. We have also heard evidence that
25 you attempted to help some of the detainees in the
Page 16393
1 prison camp while, at the same time, not demonstrating
2 such concern in relation to all. It appears that your
3 interest in self-preservation was the dominant
4 consideration guiding your actions.
5 The Trial Chamber wishes to emphasise the
6 importance during an armed conflict of the obligation
7 on all individuals to act morally and responsibly,
8 despite the surrounding chaos and social breakdown.
9 Mr. Mucic, you may sit down.
10 Mr. Delic, will you please stand up?
11 With respect to the third accused, Hazim
12 Delic:
13 Counts 1 and 2: Killing of Scepo Gotovac.
14 Guilty of a Grave Breach in Geneva Convention
15 IV (wilful killing) and a Violation of the Laws or
16 Customs of War.
17 For wilful killing as a Grave Breach of
18 Geneva Convention IV, the Trial Chamber sentences you,
19 Hazim Delic, to 20 years' imprisonment.
20 For murder as a Violation of the Laws or
21 Customs of War, the Trial Chamber sentences you, Hazim
22 Delic, to 20 years' imprisonment.
23 Counts 3 and 4: Killing of Zeljko
24 Milosevic.
25 Guilty of a Grave Breach of Geneva Convention
Page 16394
1 IV (wilful killing) and a Violation of the Laws or
2 Customs of War (murder).
3 For wilful killing as a Grave Breach of
4 Geneva Convention IV, the Trial Chamber sentences you,
5 Hazim Delic, to 20 years' imprisonment.
6 For murder as a Violation of the Laws or
7 Customs of War, the Trial Chamber sentences you, Hazim
8 Delic, to 20 years' imprisonment.
9 Counts 5 and 6: Killing of Simo Jovanovic.
10 Not guilty of a Grave Breach of the Geneva
11 Conventions of 1949 (wilful killing) and a Violation of
12 the Laws or Customs of War (murder).
13 Counts 11 and 12: Killing of Slavko Susic.
14 Not guilty of a Grave Breach of the Geneva
15 Conventions of 1949 (wilful killing) and a Violation of
16 the Laws or Customs of War (murder).
17 Guilty of a Grave Breach of Geneva Convention
18 IV (wilfully causing great suffering or serious injury
19 to body or health) and a Violation of the Laws or
20 Customs of War (cruel treatment).
21 For wilfully causing great suffering or
22 serious injury to body or health as a Grave Breach of
23 Geneva Convention IV, the Trial Chamber sentences you,
24 Hazim Delic, to seven years' imprisonment.
25 For cruel treatment as a Violation of the
Page 16395
1 Laws or Customs of War, the Trial Chamber sentences
2 you, Hazim Delic, to seven years' imprisonment.
3 Counts 13 and 14: Superior responsibility
4 for murders.
5 Not guilty of a Grave Breach of the Geneva
6 Conventions of 1949 (wilful killings) and a Violation
7 of the Laws or Customs of War (murders).
8 Counts 15 and 16: Torture of Momir
9 Kuljanin.
10 Not guilty of a Grave Breach of the Geneva
11 Conventions of 1949 (torture) and a Violation of the
12 Laws or Customs of War (torture).
13 Count 17: Not guilty of a Violation of the
14 Laws or Customs of War (cruel treatment).
15 Counts 18 and 19: Torture and rape of
16 Grozdana Cecez.
17 Guilty of a Grave Breach of Geneva Convention
18 IV (rape as torture) and a Violation of the Laws or
19 Customs of War (rape as torture).
20 For torture as a Grave Breach of Geneva
21 Convention IV, the Trial Chamber sentences you, Hazim
22 Delic, to 15 years' imprisonment.
23 For torture as a Violation of the Laws or
24 Customs of War, the Trial Chamber sentences you, Hazim
25 Delic, to 15 years' imprisonment.
Page 16396
1 Count 20: A Violation of the Laws or Customs
2 of War (cruel treatment) is dismissed.
3 Counts 21 and 22: Torture and rape of
4 Milojka Antic.
5 Guilty of a Grave Breach of Geneva Convention
6 IV (rape as torture) and a Violation of the Laws or
7 Customs of War (rape as torture).
8 For torture as a Grave Breach of Geneva
9 Convention IV, the Trial Chamber sentences you, Hazim
10 Delic, to 15 years' imprisonment.
11 For torture as a violation of the laws or
12 customs of war, the Trial Chamber sentences you, Hazim
13 Delic, to 15 years' imprisonment.
14 Count 23: A Violation of the Laws or Customs
15 of War (cruel treatment) is dismissed.
16 Counts 24 and 25: Torture of Spasoje
17 Miljevic.
18 Not guilty of a Grave Breach of the Geneva
19 Conventions of 1949 (torture) and a Violation of the
20 Laws or Customs of War (torture).
21 Count 26: Not guilty of a Violation of the
22 Laws or Customs of War (cruel treatment).
23 Counts 27 and 28: Torture of Mirko Babic.
24 Not guilty of a Grave Breach of the Geneva
25 Conventions of 1949 (torture) and a Violation of the
Page 16397
1 Laws or Customs of War (torture).
2 Count 29: Not guilty of a Violation of the
3 Laws or Customs of War (cruel treatment).
4 Counts 33 and 34: Superior responsibility
5 for acts of torture.
6 Not guilty of a Grave Breach of the Geneva
7 Conventions of 1949 (torture) and a Violation of the
8 Laws or Customs of War (torture).
9 Count 35: Not guilty of a Violation of the
10 Laws or Customs of War (cruel treatment).
11 Counts 38 and 39: Superior responsibility
12 for causing great suffering or serious injury.
13 Not guilty of a Grave Breach of the Geneva
14 Conventions of 1949 (wilfully causing great suffering
15 or serious injury to body or health) and a Violation of
16 the Laws or Customs of War (cruel treatment).
17 Counts 42 and 43: Inhumane acts involving
18 the use of an electrical device.
19 Guilty of a Grave Breach of Geneva Convention
20 IV (inhuman treatment) and a Violation of the Laws or
21 Customs of War (cruel treatment).
22 For inhuman treatment as a Grave Breach in
23 Geneva Convention IV, the Trial Chamber sentences you,
24 Hazim Delic, to ten years' imprisonment.
25 For cruel treatment as a Violation of the
Page 16398
1 Laws or Customs of War, the Trial Chamber sentences
2 you, Hazim Delic, to ten years' imprisonment.
3 Counts 44 and 45: Superior responsibility
4 for inhumane acts.
5 Not guilty of a Grave Breach of the Geneva
6 Conventions of 1949 (inhuman treatment) and a Violation
7 of the Laws or Customs of War (cruel treatment).
8 Counts 46 and 47: Inhumane conditions.
9 Guilty of a Grave Breach of Geneva Convention
10 IV (wilfully causing great suffering or serious injury
11 to body or health) and a Violation of the Laws or
12 Customs of War (cruel treatment).
13 For wilfully causing great suffering or
14 serious injury to body or health as a Grave Breach of
15 Geneva Convention IV, the Trial Chamber sentences you,
16 Hazim Delic, to seven years' imprisonment.
17 For cruel treatment as a Violation of the
18 Laws or Customs of War, the Trial Chamber sentences
19 you, Hazim Delic, to seven years' imprisonment.
20 Count 48: Unlawful confinement of
21 civilians.
22 Not guilty of a Grave Breach of Geneva
23 Convention IV (unlawful confinement of civilians).
24 Count 49: A Violation of the Laws or Customs
25 of War (plunder). This is dismissed.
Page 16399
1 In imposing sentence for each count under
2 which you have been found guilty, the Trial Chamber has
3 primarily taken into account the gravity of these
4 offences and their effects on the victims involved. We
5 have been appalled by the details of your criminal
6 actions as recounted by many victims and witnesses.
7 You displayed a singular brutality in causing the
8 deaths of two men detained in the Celebici prison camp
9 and a calculated cruelty in the torture and
10 mistreatment of many others. You raped two defenceless
11 women on several occasions, seeking to exert your power
12 over them and instil absolute fear in them. The Trial
13 Chamber considers the rape of any person to be a
14 despicable act which strikes at the very core of human
15 dignity and physical integrity. As well as showing no
16 mercy to your chosen victims, you have displayed no
17 remorse before this Trial Chamber.
18 Throughout your tenure as deputy commander in
19 the Celebici prison camp, you were instrumental in
20 creating an atmosphere of terror by your actions and
21 your threats to and humiliation of these detainees. It
22 appears that you took a sadistic pleasure in causing
23 the detainees pain and suffering, most clearly
24 illustrated by your frequent use of a device to inflict
25 electrical shocks. You abused your position of
Page 16400
1 authority and trust as deputy commander and, although
2 you have been found not to have command responsibility
3 for the offences of others within the prison camp, by
4 your actions you encouraged others among the camp
5 guards to engage in their own forms of mistreatment of
6 the detainees.
7 Once again, the Trial Chamber would emphasise
8 that the breakdown of society and the mechanisms which
9 ordinarily sanction crimes during times of armed
10 conflict must not be used in avoidance of the
11 responsibility on all individuals to conduct themselves
12 appropriately and exercise moral choice.
13 Mr. Delic, you may now sit down.
14 Mr. Landzo, will you please stand up?
15 Counts 1 and 2: Killing of Scepo Gotovac.
16 Guilty of a Grave Breach of Geneva Convention
17 IV (wilful killing) and a Violation of the Laws or
18 Customs of War (murder).
19 For wilful killing as a Grave Breach in
20 Geneva Convention IV, the Trial Chamber sentences you,
21 Esad Landzo, to 15 years' imprisonment.
22 For murder as a Violation of the Laws or
23 Customs of War, the Trial Chamber sentences you, Esad
24 Landzo, to 15 years' imprisonment.
25 Counts 5 and 6: Killing of Simo Jovanovic.
Page 16401
1 Guilty of a Grave Breach of Geneva Convention
2 IV (wilful killing) and a Violation of the Laws or
3 Customs of War (murder).
4 For wilful killing as a Grave Breach of
5 Geneva Convention IV, the Trial Chamber sentences you,
6 Esad Landzo, to 15 years' imprisonment.
7 For murder as a Violation of the Laws or
8 Customs of War, the Trial Chamber sentences you, Esad
9 Landzo, to 15 years' imprisonment.
10 Counts 7 and 8: Killing of Bosko
11 Samoukovic.
12 Guilty of a Grave Breach of Geneva Convention
13 IV (wilful killing) and a Violation of the Laws or
14 Customs of War (murder).
15 For wilful killing as a Grave Breach of
16 Geneva Convention IV, the Trial Chamber sentences you,
17 Esad Landzo, to 15 years' imprisonment.
18 For murder as a Violation of the Laws or
19 Customs of War, the Trial Chamber sentences you, Esad
20 Landzo, to 15 years' imprisonment.
21 Counts 11 and 12: Killing of Slavko Susic.
22 Not guilty of a Grave Breach of the Geneva
23 Conventions of 1949 (wilful killing) and a Violation of
24 the Laws or Customs of War (murder).
25 Guilty of a Grave Breach of Geneva Convention
Page 16402
1 IV (wilfully causing great suffering or serious injury
2 to body or health) and a Violation of the Laws or
3 Customs of War (cruel treatment).
4 For wilfully causing great suffering or
5 serious injury to body or health as a Grave Breach of
6 Geneva Convention IV, the Trial Chamber sentences you,
7 Esad Landzo, to five years' imprisonment.
8 For cruel treatment as a Violation of the
9 Laws or Customs of War, the Trial Chamber sentences
10 you, Esad Landzo, to five years' imprisonment.
11 Counts 15 and 16: Torture of Momir
12 Kuljanin.
13 Guilty of a Grave Breach of Geneva Convention
14 IV (torture) and a Violation of the Laws or Customs of
15 War (torture).
16 For torture as a Grave Breach of Geneva
17 Convention IV, the Trial Chamber sentences you, Esad
18 Landzo, to seven years' imprisonment.
19 For torture as a Violation of the Laws or
20 Customs of War, the Trial Chamber sentences you, Esad
21 Landzo, to seven years' imprisonment.
22 Count 17: A Violation of the Laws or Customs
23 of War (cruel treatment). This is dismissed.
24 Counts 24 and 25: Torture of Spasoje
25 Miljevic.
Page 16403
1 Guilty of a Grave Breach of Geneva Convention
2 IV (torture) and a Violation of the Laws or Customs of
3 War (torture).
4 For torture as a grave breach of Geneva
5 Convention IV, the Trial Chamber sentences you, Esad
6 Landzo, to seven years' imprisonment.
7 For torture as a Violation of the Laws or
8 Customs of War, the Trial Chamber sentences you, Esad
9 Landzo, to seven years' imprisonment.
10 Count 26: A Violation of the Laws or Customs
11 of War (cruel treatment). This is also dismissed.
12 Counts 27 and 28: Torture of Mirko Babic.
13 Not guilty of a Grave Breach of the Geneva
14 Conventions of 1949 and a Violation of the Laws or
15 Customs of War.
16 Count 29: Not guilty of a Violation of the
17 Laws or Customs of War (cruel treatment).
18 Counts 30 and 31: Torture of Mirko
19 Djordjic.
20 Guilty of a Grave Breach of Geneva Convention
21 IV (torture) and a Violation of the Laws or Customs of
22 War (torture).
23 For torture as a Grave Breach of Geneva
24 Convention IV, the Trial Chamber sentences you, Esad
25 Landzo, to seven years' imprisonment.
Page 16404
1 For torture as a Violation of the Laws or
2 Customs of War, the Trial Chamber sentences you, Esad
3 Landzo, to seven years' imprisonment.
4 Count 32: A Violation of the Laws or Customs
5 of War (cruel treatment) is also dismissed.
6 Counts 36 and 37: Causing great suffering or
7 serious injury to Nedeljko Draganic.
8 Guilty of a Grave Breach of Geneva Convention
9 IV (wilfully causing great suffering or serious injury
10 to body or health) and a Violation of the Laws or
11 Custom of War (cruel treatment).
12 For wilfully causing great suffering or
13 serious injury to body or health as a Grave Breach of
14 Geneva Convention IV, the Trial Chamber sentences you,
15 Esad Landzo, to five years' imprisonment.
16 For cruel treatment as a Violation of the
17 Laws or Customs of War, the Trial Chamber sentences
18 you, Esad Landzo, to five years' imprisonment.
19 Counts 46 and 47: Inhumane conditions.
20 Guilty of a Grave Breach of Geneva Convention
21 IV (wilfully causing great suffering or serious injury
22 to body or health) and a Violation of the Laws or
23 Customs of War (cruel treatment).
24 For wilfully causing great suffering or
25 serious injury to body or health as a Grave Breach of
Page 16405
1 Geneva Convention IV, the Trial Chamber sentences you,
2 Esad Landzo, to five years' imprisonment.
3 For cruel treatment as a Violation of the
4 Laws or Customs of War, the Trial Chamber sentences
5 you, Esad Landzo, also to five years' imprisonment.
6 The Trial Chamber has carefully considered
7 all of the evidence concerning your state of mind at
8 the time of the commission of your offences. While we
9 have dismissed your defence of diminished
10 responsibility, we have noted your young age at the
11 relevant time and your impressionability and
12 immaturity, as well as your particular personality
13 traits and the effect that the armed conflict in your
14 home town had upon you. It is these factors which have
15 led us to impose a less severe sentence than the
16 seriousness and cruelty of your crimes would ordinarily
17 require.
18 The Trial Chamber does not, however, accept
19 that you were the mere instrument of your superiors,
20 lacking the ability to exercise independent will. The
21 nature of your crimes is suggestive of significant
22 imagination and a perverse pleasure in the infliction
23 of pain and suffering. It is most disturbing to see
24 such propensity for violence and disregard for human
25 life and dignity in one so young.
Page 16406
1 Mr. Landzo, you may now sit down.
2 In relation to each of the accused thus found
3 guilty and sentenced accordingly, the sentences are to
4 be served concurrently. In addition, according to
5 sub-Rule 101(D) of the Rules of Procedure and Evidence,
6 Zdravko Mucic, Hazim Delic, and Esad Landzo are
7 entitled to credit for some time spent in detention
8 pending surrender to the International Tribunal and
9 pending trial. Thus, Zdravko Mucic is entitled to
10 credit for two years, seven months, and twenty-nine
11 days in relation to the sentence imposed by the Trial
12 Chamber as at the date of this Judgment, together with
13 such additional time as may be served pending the
14 determination of any appeal. Hazim Delic and Esad
15 Landzo are each entitled to credit for two years, six
16 months, and fourteen days in relation to the sentences
17 imposed by the Trial Chamber as at the date of this
18 Judgment, together with such additional time as may be
19 served pending any appeal.
20 Pursuant to Article 27 of the Statute and
21 Rule 103, imprisonment shall be served in a State
22 designated by the President of the Tribunal from a list
23 of States which have indicated their willingness to
24 accept convicted persons. The transfer of Zdravko
25 Mucic, Hazim Delic, and Esad Landzo to such State or
Page 16407
1 States shall be effected as soon as possible after the
2 time limit for appeal has elapsed. In the event that
3 notice of appeal is given, the transfer of the person
4 or persons in respect of whom such notice of appeal is
5 given shall instead be effected as soon as possible
6 after the Appeals Chamber has made its determination.
7 Until that time, in accordance with the
8 provisions of Rule 102, Zdravko Mucic, Hazim Delic, and
9 Esad Landzo are to remain in custody of the
10 International Tribunal.
11 Pursuant to Rule 99 of the Rules, Zejnil
12 Delalic is entitled to be released immediately from the
13 United Nations Detention Unit.
14 This concludes the Judgment of the Trial
15 Chamber. Thank you very much, ladies and gentlemen.
16 Can we hear you, Mr. Niemann?
17 MR. NIEMANN: If Your Honours please,
18 pursuant to Rule 99(B), the Prosecutor gives notice of
19 its intention to file an appeal against the acquittal
20 of the accused Delalic, and we would ask that he be
21 detained in custody pending the filing by us of a
22 notice of appeal. We intend to do that expeditiously,
23 and we hope to file a notice by close of business this
24 afternoon. If that's not done, then the Prosecutor
25 will not be proceeding with an appeal, but it's our
Page 16408
1 intention to give notice now and to file by close of
2 business this afternoon.
3 Accordingly, Your Honours, pursuant to Rule
4 102(A) of the Rules of Procedures and Evidence, we ask
5 that he be detained in custody for that period.
6 JUDGE KARIBI-WHYTE: Are you familiar with
7 Rule 99 under which Rule you are bringing this
8 application?
9 MR. NIEMANN: Yes, Your Honours. I'm
10 bringing the application under a number of Rules. The
11 first Rule, Your Honour, is Rule 102, which deals with
12 status of convicted persons and giving the notice --
13 JUDGE KARIBI-WHYTE: Well, he doesn't come
14 under that. He is not a convicted person.
15 MR. NIEMANN: Acquitted persons, yes, Your
16 Honour.
17 JUDGE KARIBI-WHYTE: Yes, acquitted persons,
18 yes.
19 MR. NIEMANN: I give notice, Your Honour,
20 pursuant to that Rule.
21 JUDGE KARIBI-WHYTE: According to the Rule, I
22 suppose we might rise for about 15 minutes for you, and
23 that would allow you to justify why such a warrant has
24 to be issued.
25 MR. NIEMANN: If Your Honours please.
Page 16409
1 JUDGE KARIBI-WHYTE: May we hear you,
2 Ms. Residovic, because we will rise and come back so
3 that the issue may be argued why he should be detained
4 pending appeal.
5 MS. RESIDOVIC: Your Honours, it is true that
6 the Prosecutor can give such a notice and request that
7 from the Trial Chamber in accordance with Rule 99.
8 This, however, is merely a possibility which he is
9 advancing before the Trial Chamber. For that
10 possibility to be justified, and in accordance with
11 other Rules, justified reasons need to be
12 demonstrated. The Prosecutor has not given any single
13 reason for that.
14 In about 20 days, Zejnil Delalic will have
15 spent 1.000 days in prison and --
16 JUDGE KARIBI-WHYTE: That's why I said we
17 will rise and come back in 15 minutes only for that
18 argument, while the others retire.
19 MS. RESIDOVIC: Thank you.
20 JUDGE KARIBI-WHYTE: We will come back for
21 the Prosecutor's argument. All counsel connected with
22 that case should be here, but I think the others are
23 not necessarily involved in that, just the first
24 accused.
25 --- Recess taken at 11.03 a.m.
Page 16410
1 --- On resuming at 11.25 a.m.
2 JUDGE KARIBI-WHYTE: Mr. Niemann, could we
3 hear you?
4 MR. NIEMANN: If Your Honours please. Your
5 Honours, I apologise, I misspoke when I said "Rule
6 102." I meant Rule 108 and 99(B) are the two bases on
7 which I make this application.
8 Your Honours, the position, as I understand
9 the Rules, is this: That Rule 99(B) appears to cover
10 the area in its entirety in terms of what is to happen
11 in the event of a Prosecution appeal in these
12 circumstances. In other words, Rule 65, which deals
13 with conditional release and which is something that we
14 would be, in ordinary circumstances, anxious to pursue,
15 has no application, it would seem, here. Even general
16 Rules that are often brought into play, like Rule 54,
17 have no application as well.
18 So the Prosecution is in the position where
19 we have what we believe is an appeal which has a
20 reasonable prospect of success and that there is no
21 assurances at all about whether the accused will
22 return. We know the circumstances that we are in here,
23 in that once he leaves The Netherlands, he can go to
24 any part of the world at all, and bringing him back for
25 the purposes of the appeal or at least the appeal
Page 16411
1 judgment cannot be assured. Unless there's some
2 undertakings given by the accused that he's prepared to
3 return for the purposes of at least the appellate
4 decision, then we're left in the invidious position of
5 asking that he be remanded in custody pending the
6 outcome of appeal, because we have no other mechanism
7 in place.
8 We appreciate fully we're in a totally
9 different situation now. The man has been acquitted,
10 and the Prosecution is in no strong position to be
11 asking for people to be remanded in custody and so
12 forth. We acknowledge from the outset that we're not
13 coming from a strong position. But what we are saying
14 to you is that it would be an unfortunate consequence
15 if the appeal was hollow in the sense that the
16 appellate was upheld at the end of the day and the
17 accused could no longer be found or brought before the
18 Tribunal.
19 It's because of those circumstances we're
20 left in this position where he is either released
21 immediately, and the appeal may be brought or will be
22 brought, and then if he's not here, it may end up being
23 hollow or, alternatively, that he be remanded in
24 custody, which we appreciate is a difficult application
25 for us to make.
Page 16412
1 Your Honours, if there was some middle ground
2 that could be reached in this, it might be helpful, but
3 I don't know whether the accused is prepared to -- I'm
4 sorry, if Mr. Delalic is prepared to indicate that he
5 will return for the judgment or not. I simply do not
6 know the position of the Defence at all in this
7 matter.
8 At the moment, my application is that he be
9 remanded in custody because I'm left with no other
10 option but to make that application, Your Honour.
11 JUDGE KARIBI-WHYTE: Yes, we will hear you,
12 Ms. Residovic.
13 MS. RESIDOVIC: Your Honours, I suggest that
14 the motion made by the Prosecutor be rejected.
15 Zejnil Delalic is an innocent man by virtue
16 of your decision. To request that an innocent man be
17 further remanded in custody is contrary to a fair trial
18 that has been conducted by this Trial Chamber
19 throughout the proceedings. This is also contrary to
20 the very principles of a fair trial.
21 I have said that Zejnil Delalic will have
22 spent 1.000 days in detention in 20 days. To request
23 that an innocent man be further remanded in custody
24 until some indefinite time, until the appeal is
25 determined, is practically not serious, not a serious
Page 16413
1 application to be made before such an Honourable
2 Tribunal.
3 Zejnil Delalic is an honourable man. He has
4 always kept his word. Even during the preliminary
5 proceedings, he made a statement that he would appear
6 whenever summoned by the Court when his provisional
7 release was requested. He has never created any
8 problem for this Tribunal.
9 Furthermore, there are documents in the file
10 about the whereabouts of Mr. Zejnil Delalic and his
11 residence. He has spent a number of years at one
12 particular address in Munich, but his permanent
13 residence is in Konjic, in Bosnia and Herzegovina.
14 Both Bosnia and Herzegovina and Germany are cooperating
15 with the Tribunal, and there are no problems whatsoever
16 for any summons of Mr. Zejnil Delalic to be executed
17 properly.
18 The only argument that the Prosecutor can
19 advance here is not justified because there is simply
20 no basis to create any indication that Zejnil Delalic
21 might fail to appear if summoned by the Tribunal. In
22 the file, Your Honours, there is also proof, an
23 agreement, about the cooperation between the government
24 of Bosnia-Herzegovina and the OTP. The government of
25 Bosnia-Herzegovina has undertaken to cooperate and, at
Page 16414
1 this stage, will honour that agreement, also, in the
2 case of any future proceedings, if necessary, and if
3 the attendance of Mr. Zejnil Delalic is required.
4 To sum up, the Prosecutor has had two and a
5 half years to prove the facts that would incriminate
6 Mr. Zejnil Delalic. You have diligently examined the
7 facts of the case and you have concluded that they are
8 not against Mr. Zejnil Delalic. The Prosecutor cannot
9 find any other facts that would, in any way, change
10 your findings.
11 So for these reasons, and, Your Honours, let
12 me remind you that you have concluded that Mr. Zejnil
13 Delalic has always been a honourable man, I believe
14 that you should reject the motion of the Prosecutor
15 because it is not justified.
16 Thank you.
17 JUDGE JAN: The whole intention of making
18 this application is that if the appeal is filed, the
19 whole proceedings are not prejudiced by the failure of
20 your client to appear before the Appeals Chamber.
21 Are you prepared to give an undertaking that
22 he will appear before the Appeals Chamber whenever
23 asked?
24 MS. RESIDOVIC: Let me --
25 JUDGE JAN: If there is no appeal filed,
Page 16415
1 that's the end of the matter. But in case the appeal
2 is filed, we don't want it to become invirtuous just
3 because your client is not available. The only anxiety
4 of the Prosecution is this, and that is why he
5 suggested, do you give this undertaking?
6 MS. RESIDOVIC: Your Honours, with your
7 permission, can I have just one minute, and I think
8 that my client will be in a better position to give his
9 undertaking.
10 THE ACCUSED DELALIC: Your Honours ...
11 MS. RESIDOVIC: Your Honours, would you allow
12 my client to express his undertaking in his own name,
13 and I will guarantee that.
14 THE ACCUSED DELALIC: Your Honours, first of
15 all, let me thank you for a just and fair judgment. I
16 think it is a very wise judgment and a very courageous
17 one, bearing in mind all the circumstances.
18 Let me remind you that I was arrested -- even
19 before I had the indictment, I was arrested in my
20 office in Munich on one particular day, some 1.000 days
21 ago. Only three days after I was arrested, the
22 Prosecutor issued an indictment. Had there been an
23 indictment before my arrest, I would have definitely
24 appeared before this Tribunal on my own will.
25 In the motion made for my provisional release
Page 16416
1 during the Pre-Trial proceedings, the Trial Chamber
2 almost reached a decision to release me. All
3 guarantees were gathered, guarantees given by all the
4 countries where I reside, and they are to be found in
5 my file.
6 Bearing in mind my current situation and your
7 findings, the findings of truth in the proceedings, I
8 see no reason for me to fail to appear before this
9 Tribunal whenever summoned. Let me further state that,
10 by your judgment, this Tribunal has even increased my
11 trust in this institution.
12 Thank you very much.
13 MS. RESIDOVIC: Your Honours, do you have any
14 other questions for me?
15 THE INTERPRETER: Microphone, Your Honour.
16 JUDGE KARIBI-WHYTE: No, none for you.
17 Actually, my questions are directed to the
18 Prosecution.
19 Actually, Mr. Delalic is only responding to
20 your appeal. You are appealing against his acquittal.
21 MR. NIEMANN: Yes, Your Honour.
22 JUDGE KARIBI-WHYTE: He's merely responding
23 to it.
24 MR. NIEMANN: Yes, Your Honour.
25 JUDGE KARIBI-WHYTE: So his obligation arises
Page 16417
1 only when any case is put against him in the Court of
2 Appeal.
3 MR. NIEMANN: Yes, that's true, Your Honour,
4 except that the Rule itself does envisage --
5 JUDGE KARIBI-WHYTE: Well, I agree. I've
6 read the Rule. This is my main complaint about that
7 type of rule. Where someone has not made a complaint
8 and some other person compels him, then you compel him
9 to follow you to where you are going when nothing is
10 founded against him.
11 MR. NIEMANN: Your Honours, I can't comment
12 about the Rule itself, but all I can say, Your Honours,
13 is the undertaking that's been given is all we seek.
14 It's just that I think that with such an undertaking,
15 we're content with that. We really didn't want to be
16 launching an appeal and using up the Court's time on an
17 appeal if there looked to be no prospect of the accused
18 returning, should that be necessary. It's only for
19 that reason that we asked for that, and I think this is
20 a perfectly satisfactory result, Your Honour.
21 JUDGE KARIBI-WHYTE: I was confidant
22 definitely that an appellant of this nature wouldn't
23 mind following you to wherever you are to hear what you
24 might prove against him.
25 MR. NIEMANN: Yes, Your Honour.
Page 16418
1 JUDGE KARIBI-WHYTE: Yes, okay. So thank you
2 very much. I think that's the end of the proceedings.
3 JUDGE JAN: He shall be released
4 immediately.
5 JUDGE KARIBI-WHYTE: Yes. Thank you. The
6 Court stands adjourned indefinitely.
7 --- Whereupon the hearing adjourned at
8 11.39 a.m.
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