Tribunal Criminal Tribunal for the Former Yugoslavia

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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