Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Thursday, 12 August, 1999

2 (Initial appearance)

3 (Open session)

4 (The accused entered the court)

5 --- Upon commencing at 4.04 p.m.

6 JUDGE JORDA: (Interpretation) Please be

7 seated.

8 Mr. Registrar, have the accused brought in

9 and call the case while the photographers accomplish

10 their mission as authorised.

11 THE REGISTRAR: (Interpretation) It is case

12 IT-98-34-I, the Prosecutor versus Mladen Naletilic,

13 also known as Tuta, and Vinko Martinovic, also known as

14 Stela.

15 JUDGE JORDA: (Interpretation) Thank you.

16 The case having been identified, before I

17 address myself to the accused here present, I first

18 wish to say good afternoon to the interpreters and make

19 sure that they can hear me, the public gallery equally,

20 who are going to participate in our debate, as is

21 normal in an international public tribunal.

22 I turn myself first to the Prosecutor's

23 bench. I do not know everyone. Perhaps Ms. Hollis

24 will introduce her colleagues, please.

25 MS. HOLLIS: Thank you, Your Honour. Brenda

Page 2

1 Hollis and Vassili Porivaec appear on behalf of the

2 Prosecutor, along with the acting case manager,

3 Patricia Reynders.

4 JUDGE JORDA: (Interpretation) Thank you. How

5 exactly do you pronounce your name, Mr. Porivaec?

6 Could you tell us, please, the best way to pronounce

7 your name?

8 MR. PORIVAEC: The best way, Vassili

9 Porivaec.

10 JUDGE JORDA: (Interpretation) Porivaec.

11 Would you please write it down for me in a

12 phonetic form, Mr. Registrar? Thank you. I'm sorry

13 about this.

14 I turn myself to the Defence. Can you please

15 introduce yourself? Tell us which bar you belong to

16 and what are your qualifications with the Tribunal,

17 such as you presented them to Madam Registrar.

18 MR. SERIC: (Interpretation) Your Honours, my

19 name is Branko Seric. I'm an attorney, member of the

20 Croatian bar, and I represent Mr. Vinko Martinovic.

21 JUDGE JORDA: (Interpretation) Very well.

22 Thank you very much. You may be seated.

23 Mr. Registrar, have the qualifications of

24 Attorney Selic been admitted and verified with the

25 national bar? How does it function?

Page 3

1 THE REGISTRAR: (Interpretation) Yes,

2 everything is in order regarding the authorisation of

3 Branko Seric.

4 JUDGE JORDA: (Interpretation) Thank you.

5 This will be entered in the record.

6 Now I turn to the accused, who is appearing

7 today for the first time following an indictment issued

8 against him and signed on what date, Mr. Registrar?

9 THE REGISTRAR: (Interpretation) The

10 indictment was signed the 18th of December, 1998, by

11 Louise Arbour and confirmed by Judge Richard May on the

12 21st of December, 1998.

13 JUDGE JORDA: (Interpretation) Mr. Martinovic,

14 will you please rise? You have been told that in this

15 Tribunal, which I represent on behalf of the President,

16 Madam McDonald, you are going to tell us clearly your

17 name, your first name, your date and place of birth,

18 your profession, if you have one, and your present

19 residence, please. We're listening.

20 THE ACCUSED MARTINOVIC: (Interpretation) Your

21 Honours, I an Vinko Martinovic, known as Stela, born on

22 the 21st of September, 1963, in the town of Mostar. By

23 occupation, I'm a restaurant owner. Currently, I'm in

24 the detention unit in The Hague.

25 JUDGE JORDA: (Interpretation) Are you

Page 4

1 married, do you have children, and where were you

2 living?

3 THE ACCUSED MARTINOVIC: (Interpretation) I am

4 married. I have one child who is three years old.

5 JUDGE JORDA: (Interpretation) And your family

6 is now living in Mostar. Was that your place of

7 residence when you were transferred to The Hague?

8 THE ACCUSED MARTINOVIC: (Interpretation) My

9 family is living in Mostar now, and I live there too,

10 before I was arrested and taken to Zagreb, from where I

11 was transferred to The Hague. I surrendered

12 voluntarily, and I said I would not appeal the

13 decision.

14 JUDGE JORDA: (Interpretation) Very well.

15 Thank you.

16 Today is your Initial Appearance before the

17 International Criminal Tribunal for trying persons

18 assumed responsible for crimes committed in the former

19 Yugoslavia. This is a formality, but an important

20 one. You must be present, fully conscious, with your

21 attorney, because after your arrest, this is the second

22 time that you have the opportunity to be informed of

23 all the charges that the Prosecutor has issued against

24 you and which the Judge confirmed, waiting, of course,

25 for the evidence to be presented in a contradictory

Page 5

1 trial.

2 I am going to ask the registrar to remind us

3 of the fundamental text and rules which give you

4 certain rights and which will then allow us to go on to

5 the main part of this appearance, and that is to see

6 whether you're going to plead guilty or not guilty and

7 to see on which counts you plead guilty or perhaps not

8 guilty.

9 You may now be seated, Mr. Martinovic, while

10 this is being read, but please listen carefully, and so

11 should your attorney, but I'm sure your attorney is

12 very familiar with those texts.

13 Mr. Registrar, will you read us the text of

14 the Statute and of the Rules?

15 THE REGISTRAR: (Interpretation) First Article

16 20 of the Statute of the Tribunal: Commencement and

17 conduct of trial proceedings.

18 (3) The Trial Chamber shall read the

19 indictment, satisfy itself that the rights of the

20 accused are respected, confirm that the accused

21 understands the indictment, and instruct the accused to

22 enter a plea. The Trial Chamber shall then set the

23 date for trial.

24 (4) The hearing shall be public unless the

25 Trial Chamber decides to close the proceedings in

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1 accordance with its Rules of Procedure and Evidence.

2 Article 21. Rights of the accused.

3 (1) All persons shall be equal before the

4 International Tribunal.

5 (2) In the determination of charges against

6 him, the accused shall be entitled to a fair and public

7 hearing, subject to Article 22 of the Statute.

8 (3) The accused shall be presumed innocent

9 until proved guilty, according to the provisions of the

10 present Statute.

11 (4) In the determination of any charge

12 against the accused, pursuant to the present Statute,

13 the accused shall be entitled to the following minimum

14 guarantees and full equality:

15 (a) to be informed promptly and in

16 detail in a language which he understands of the nature

17 and cause of the charge against him.

18 (b) to have adequate time and facilities

19 for the preparation of his defence and to communicate

20 with counsel of his own choosing.

21 (c) to be tried without undue delay.

22 (d) to be tried in his presence and to

23 defend himself in person or through legal assistance of

24 his own choosing; to be informed, if he does not have

25 legal assistance, of this right, and to have legal

Page 7

1 assistance assigned to him in any case where the

2 interests of justice so require and without payment by

3 him in any such case if he does not have sufficient

4 means to pay for it.

5 (e) to examine or have examined the

6 witnesses against him and to obtain the attendance and

7 examination of witnesses on his behalf under the same

8 conditions as witnesses against him.

9 (f) to have the free assistance of an

10 interpreter if he cannot understand or speak the

11 language used in the International Tribunal.

12 (g) not to be compelled to testify

13 against himself or to confess guilt.

14 Then Rule 62 of the Rules of Procedure and

15 Evidence of the Tribunal. Rule 62: Initial appearance

16 of the accused.

17 Upon transfer of an accused to the seat of

18 the Tribunal, the President shall forthwith assign the

19 case to a Trial Chamber. The accused shall be brought

20 before that Trial Chamber without delay and shall be

21 formally charged. The Trial Chamber shall:

22 (i) satisfy itself that the right of the

23 accused to counsel is respected;

24 (ii) read or have the indictment read to the

25 accused in a language the accused speaks and

Page 8

1 understands and satisfy itself that the accused

2 understands the indictment;

3 (iii) inform the accused that within 30 days

4 of the initial appearance, he or she will be called

5 upon to enter a plea of guilty or not guilty on each

6 count, but that should the accused so request, he or

7 she may immediately enter a plea of guilty or not

8 guilty on one or more count;

9 (iv) if the accused fails to enter a play at

10 the initial or any further appearance, enter a plea of

11 not guilty on the accused's behalf;

12 (v) in case of a plea of not guilty, instruct

13 the Registrar to set a date for trial;

14 (vi) in case of a plea of guilty, act in

15 accordance with Rule 62 bis;

16 (vii) instruct the Registrar to set such

17 other dates as appropriate.

18 To wind up Rule 62 bis, guilty pleas.

19 If an accused pleads guilty in accordance

20 with Rule 62(vi) or requests to change his or her plea

21 to guilty and the Trial Chamber is satisfied that:

22 (i) the guilty plea has been made

23 voluntarily;

24 (ii) the guilty plea is informed;

25 (iii) the guilty plea is not equivocal;

Page 9

1 (iv) there is a sufficient factual basis for

2 the crime and the accused's participation in it, either

3 on the basis of independent indicia or on lack of any

4 material disagreement between the parties upon the

5 facts of the case.

6 The Trial Chamber may enter a finding of

7 guilt and instruct the Registrar to set a date for the

8 sentencing hearing.

9 JUDGE JORDA: (Interpretation) Thank you,

10 Mr. Registrar.

11 Mr. Seric, have you received the indictment

12 in your own language?

13 MR. SERIC: (Interpretation) Your Honours, we

14 have received the indictment in our language.

15 JUDGE JORDA: (Interpretation) You were able

16 to discuss it with your client? Were you able to

17 review it with your client?

18 MR. SERIC: (Interpretation) Yes, Your

19 Honour. When the Defence was served the indictment, I

20 was able to have contact with him, and I was also able

21 to contact him here in The Hague.

22 JUDGE JORDA: (Interpretation) Thank you. You

23 may be seated.

24 I'm going to ask the registrar to read the

25 indictment. Mr. Registrar, I should like to remind you

Page 10

1 that the indictment applies to two persons.

2 THE REGISTRAR: (Interpretation) Yes. The

3 indictment concerns Mr. Vinko Martinovic, also known as

4 Stela, as well as Mladen Naletilic, also known as

5 Tuta. It is case number IT-98-34-I, the Prosecutor

6 versus Mladen Naletilic --

7 JUDGE JORDA: (Interpretation) Yes, but before

8 you continue, I should like to draw the attention of

9 Mr. Martinovic, you have heard, when the Rules were

10 read to you, that you have a possibility of delaying,

11 by 30 days, your plea of guilty or not guilty. Did

12 Mr. Seric convey this information to you clearly,

13 Mr. Martinovic? My question is to make sure that this

14 has been clearly conveyed to you, and have you decided

15 to avail yourself of this time period of 30 days or are

16 you ready to plead on each count guilty or not guilty?

17 Do you want to use this delay for a statement of guilt

18 or not guilt or do you wish to plead today?

19 Mr. Seric?

20 MR. SERIC: (Interpretation) Your Honour, we

21 are ready today to enter a plea, and so is my client.

22 JUDGE JORDA: (Interpretation) Very well.

23 Thank you.

24 Mr. Martinovic, you can confirm that you are

25 ready this very day to say whether you are guilty or

Page 11

1 not guilty on each count. Please stand up. Do you

2 confirm what your attorney has just said, please?

3 THE ACCUSED MARTINOVIC: (Interpretation) I

4 do.

5 JUDGE JORDA: (Interpretation) Thank you.

6 We are going to proceed as follows,

7 Mr. Martinovic, so that things should be quite clear:

8 The registrar is going to read the

9 indictment. You will remain seated during the

10 reading. But at the end of each group of charges

11 against you by the Prosecution, I will ask you to stand

12 and I will ask you whether you plead guilty or not

13 guilty. Do you understand that?

14 THE ACCUSED MARTINOVIC: (Interpretation) I

15 do.

16 JUDGE JORDA: (Interpretation) Very well. So

17 now you may be seated, and when I tell you, you will

18 rise. Listen carefully. These are charges made

19 against you by the Prosecutor. You may be seated for

20 the time being, Mr. Martinovic.

21 On the other hand, Mr. Registrar, please

22 stand up because we are reading the indictment. I'm

23 sorry for that, but that is the proper way.

24 THE REGISTRAR: (Interpretation) The

25 Prosecutor versus Mladen Naletilic, also known as Tuta,

Page 12

1 and Vinko Martinovic, also known as Stela.

2 Indictment:

3 The Prosecutor of the International Criminal

4 Tribunal for the former Yugoslavia, pursuant to her

5 authority under Article 18 of the Statute of the

6 International Criminal Tribunal for the former

7 Yugoslavia (hereinafter the Statute of the Tribunal),

8 charges:

9 Mladen Naletilic, also known as Tuta, and

10 Vinko Martinovic, also known as Stela, with crimes

11 against humanity, grave breaches of the Geneva

12 Conventions and violations of the laws or customs of

13 war.

14 Background:

15 1. On 25 June, 1991, Croatia declared its

16 independence which was suspended until 8 October,

17 1991. The Republic of Croatia was recognised by the

18 European Community on 15 January, 1992, and it was

19 admitted as a member State of the United Nations on 22

20 May, 1992.

21 2. Bosnia and Herzegovina declared its

22 independence on 3 March, 1992. The Republic of Bosnia

23 and Herzegovina was recognised by the European

24 Community on 6 April, 1992 and by the Republic of

25 Croatia on 7 April, 1992. The Republic of Bosnia and

Page 13

1 Herzegovina was admitted as a member State of the

2 United Nations on 22 May, 1992.

3 3. The Croatian Community of Herceg-Bosna

4 (HZ-HB) proclaimed its existence on 18 November, 1991

5 and claimed to be a separate or distinct "political,

6 cultural, economic and territorial whole" in the

7 territory of Bosnia and Herzegovina. Its purposes

8 included, inter alia, the establishment of closer ties

9 with the Republic of Croatia. These aspirations, which

10 were supported by the Republic of Croatia, were

11 evidenced by the HZ-HB's use of the Croatian currency

12 and the Croatian language and the granting by the

13 Republic of Croatia of Croatian citizenship of Bosnian

14 Croats.

15 4. The Constitutional Court of the Republic

16 of Bosnia and Herzegovina declared the HZ-HB illegal on

17 14 September, 1992. Neither the self-proclaimed HZ-HB,

18 nor the later self-proclaimed Croatian Republic of

19 Herceg-Bosna (HR-HB) were ever internationally

20 recognised.

21 5. Article 3 of the HZ-HB proclamation of 18

22 November, 1991 designated Mostar as the capital of this

23 community. This designation of Mostar as capital of

24 the self-proclaimed Croat community was reaffirmed by

25 the decree issued by the President of the HZ-HB on 8

Page 14

1 April, 1992, setting up the Croatian Defence Council

2 (hereinafter referred as HVO) as the supreme executive,

3 administrative, and defence body of Herceg-Bosna with

4 its headquarters in Mostar; and the decree by such

5 president on 28 August, 1993, by which the HZ-HB

6 declared itself the HR-HB.

7 6. The population of the municipality of

8 Mostar prior to the beginning of the conflict (1991

9 official census) was composed of 126.628 inhabitants,

10 of which 43.856 (34,6 per cent) were Muslims; 43.037

11 (33,9 per cent) were Croats; 23.846 (18,8 per cent)

12 were Serbs; 12.768 (9,9 per cent) were Yugoslavs; and

13 3.121 (2,4 per cent) were others. The city of Mostar

14 is the historical capital and the largest city of

15 Herzegovina. The territory of the municipality of

16 Mostar includes, among others, the following districts

17 and villages: Rastani, Bijelo Polje, Vojno, Potoci,

18 Rudnik, Ilici, Dzikovina, Panjevina, Rodoc, Podhum,

19 Zahum and Blagaj.

20 7. At all times during the relevant period,

21 the Army of the Republic of Croatia (HV) backed and

22 supported the HVO and deployed its own units in Mostar

23 and other municipalities of Bosnia and Herzegovina.

24 Among the units that were acting in connection with the

25 authorities of the Republic of Croatia and participated

Page 15

1 in joint actions with units of the HV was the

2 Kaznjenicka Bojna (Convicts' Battalion, also known as

3 the Punishment Battalion, Tuticeva Brigade, Tutici, or

4 Tuta's men, hereinafter referred to as the KB), under

5 the command of Mladen Naletilic.

6 8. As early as October 1992, the HVO

7 launched an attack against the Bosnian Muslim

8 population of the municipality of Prozor. Subsequently

9 the HV and the HVO participated in an armed conflict

10 with the armed forces of the government of

11 Bosnia-Herzegovina (ABiH) until February 1994.

12 9. In April 1993, the HVO launched a series

13 of attacks against the Bosnian Muslim civilian

14 population, such as the attack of Ahmici on 16 April

15 and others in Central Bosnia. At the same time on 17

16 April, 1993, forces of the HV and the HVO, including

17 the KB, attacked the villages of Sovici and Doljani

18 (municipality of Jablanica) under the overall command

19 of Mladen Naletilic, and carried out the forcible

20 transfer of the Bosnian Muslim population and

21 destruction of their properties. Beginning

22 simultaneously in April 1993, in the Herzegovinian

23 municipalities of Stolac, Capljina, and Mostar, the HVO

24 carried out the arrest of prominent Bosnian Muslims and

25 imposed different measures of persecution against the

Page 16

1 Bosnian Muslim population, such as dismissals from work

2 positions and public service, discrimination in the

3 delivery of humanitarian aid, attacks against Bosnian

4 Muslim houses and properties, and imposition of Croat

5 language and education.

6 10. On 9 May, 1993, the HV and the HVO,

7 including the KB, launched a large military offensive

8 against the Bosnian Muslim population of Mostar and the

9 positions of the ABiH in the city, provoking the start

10 of an armed conflict with the ABiH in the municipality

11 of Mostar. Subsequently, the Bosnian Muslim population

12 was the target of a broad campaign of violence in the

13 areas of Mostar occupied by the HV and the HVO, lasting

14 at least until the ceasefire and peace agreements of

15 February and March 1994. Across the confrontation

16 line, the ABiH held a section of the city which was

17 under siege by the HV and the HVO forces who were

18 shelling intensely the area and preventing the arrival

19 of humanitarian aid and basic supplies. Mladen

20 Naletilic, as commander of the KB, and Vinko

21 Martinovic, as commander of the Mrmak or Vinko Skrobo

22 sub-unit of the KB, were leading perpetrators of this

23 campaign against the Bosnian Muslim population.

24 11. The goal of this campaign by the HV and

25 HVO forces, commonly referred to as ethnic cleansing,

Page 17

1 was to gain control of the municipalities of Mostar,

2 Jablanica, and other municipalities in

3 Bosnia-Herzegovina and to force the Bosnian Muslim

4 population to leave these territories or to

5 substantially reduce and subjugate this population.

6 The means used for this purpose included killings,

7 beatings, torture, evictions, destruction of cultural

8 and religious heritage, looting, deprivation of basic

9 civil and human rights, and mass expulsions,

10 detentions, and imprisonments, all of them executed

11 following a systematic pattern of ethnic

12 discrimination. As a result of this campaign, tens of

13 thousands of Bosnian Muslims abandoned Mostar,

14 Jablanica, and other municipalities in

15 Bosnia-Herzegovina. The traditional ethnic diversity

16 of these municipalities was virtually eliminated, and

17 an ethnically homogeneous society and institutions were

18 imposed in these areas.

19 The Accused.

20 Mladen Naletilic, also known as Tuta, son of

21 Mate and Slavka, was born on 1 December, 1946, in

22 Listica-Siroki Brijeg, in the municipality of Siroki

23 Brijeg, Bosnia and Herzegovina. Mladen Naletilic is by

24 birth a Bosnian Croat who later acquired the

25 citizenship of the Republic of Croatia, which he

Page 18

1 maintains to date. Mladen Naletilic graduated from

2 elementary school. Mladen Naletilic left the Socialist

3 Federal Republic of Yugoslavia in the late 1960s or

4 early 1970s, and remained abroad until his return to

5 his country of origin in 1990.

6 13. Vinko Martinovic, also known as Stela,

7 son of Ivan, was born on 21 September, 1963 in Mostar,

8 Bosnia and Herzegovina. Vinko Martinovic is by birth

9 is Bosnian Croat who later acquired the citizenship of

10 the Republic of Croatia, which he maintains to date.

11 Superior authority.

12 14. At all times material to this

13 indictment, Mladen Naletilic was the commander of the

14 KB, a special unit founded by him on or about June

15 1991. The KB was composed of approximately 200 to 300

16 soldiers grouped in several sub-units, called ATG or

17 ATJ (Anti Terrorist Group or Unit) with bases in the

18 municipalities of Mostar, Listica-Siroki Brijeg, and

19 Ljubuski. The main tasks of the KB were combat

20 missions on the front line, expulsions and attacks

21 against Bosnian Muslim civilians in the territories

22 under HV and HVO occupation. The KB acted as part of

23 or in coordination with the HVO and HV.

24 15. Mladen Naletilic exercised his control

25 in military matters in a manner consistent with the

Page 19

1 exercise of superior authority, including the

2 development of the organisational structure within the

3 KB. He was involved in the management and control of

4 the finances of the KB. Mladen Naletilic was also in

5 charge of disbursing the salaries to members of the KB;

6 deciding on logistical and tactical matters; ensuring

7 the combat readiness of his troops; planning the

8 preparation and implementation of military operations

9 performed either by the KB alone or in coordination

10 with other HVO and HV units under the general command

11 of both armies; and coordinating with high ranking

12 officers of the HZ-HB, the HR-HB, and the Republic of

13 Croatia.

14 16. Mladen Naletilic exercised his authority

15 over the members of the KB in a direct manner by

16 meeting with his direct subordinates and KB

17 sub-commanders on virtually a daily basis, interacting

18 with the rank and file soldiers frequently, visiting

19 the different bases of the KB, and acting as field

20 commander for certain actions.

21 17. Vinko Martinovic was a commander in the

22 HOS (Croatian Defence Forces) militia in Mostar in

23 1992, and later joined the KB. At all times material

24 to this indictment, Vinko Martinovic was the commander

25 of the KB sub-unit, ATG Mrmak, later named Vinko

Page 20

1 Skrobo, and a subordinate to Mladen Naletilic. In a

2 manner consistent with the exercise of superior

3 authority, Vinko Martinovic participated in military

4 operations under the command of the KB and in

5 coordination with other HVO and HV units under the

6 general command of both armies. At all times material

7 to this indictment, in the city of Mostar, Vinko

8 Martinovic was in command of a section of the front

9 line in the Bulevar street, where the ATG Mrmak, later

10 named Vinko Skrobo, was deployed under his command, and

11 the base and facilities of this unit in the Kalemova

12 street.

13 General Allegations.

14 18. At all times relevant to this

15 indictment, a state of international armed conflict and

16 partial occupation existed on the territory of the

17 Republic of Bosnia and Herzegovina.

18 19. All acts or omissions set forth as Grave

19 Breaches of the Geneva Conventions of 1949

20 (hereinafter "Grave Breaches"), recognised by Article 2

21 of the Statute of the Tribunal, occurred during that

22 international armed conflict and partial occupation.

23 20. All of the victims to whom the charges

24 refer, whether they were civilians or prisoners of war,

25 were, at all relevant times, persons protected by the

Page 21

1 Geneva Conventions of 1949.

2 21. In each paragraph charging Crimes

3 Against Humanity, the alleged acts or omissions were

4 part of a widespread, large-scale or systematic attack

5 directed against the Bosnian Muslim population.

6 22. The accused in this indictment were

7 required to abide by the regulations of the laws or

8 customs of war governing the conduct of war, including

9 the Geneva Conventions of 1949.

10 23. Mladen Naletilic and Vinko Martinovic

11 are individually responsible for the crimes with which

12 they are charged in this indictment pursuant to Article

13 7(1) of the Statute of the Tribunal. Individual

14 criminal responsibility involves planning, instigating,

15 ordering, committing, or otherwise aiding and abetting

16 the planning, preparation, or execution of the acts or

17 omissions set forth below.

18 24. Mladen Naletilic and Vinko Martinovic

19 are also, or alternatively, responsible as superiors

20 for the acts of their subordinates pursuant to

21 Article 7(3) of the Statute of the Tribunal. A

22 superior is responsible for the acts of his

23 subordinates if the superior knew or had reason to know

24 that his subordinate was about to commit such acts or

25 had done so and the superior failed to take the

Page 22

1 necessary and reasonable measures to prevent such

2 further acts or to punish the perpetrators thereof.

3 Charges.

4 Count 1. Persecutions.

5 25. On 17 April, 1993, in the municipality

6 of Jablanica, the KB, along with other HV and HVO

7 units, attacked the villages of Sovici and Doljani and

8 subsequently carried out the forcible transfer of the

9 Bosnian Muslim population, destruction of their

10 properties, and destruction of the mosque of Sovici.

11 Mladen Naletilic was the overall commander of this

12 attack and ordered his subordinates to destroy the

13 Bosnian Muslim properties and the mosque at Sovici, to

14 arrest all of the Bosnian Muslim adult males, and to

15 expel and forcibly transfer Bosnian Muslim civilians to

16 the territory under ABiH control.

17 26. In the municipality of Mostar, the

18 forcible transfer and imprisonment of Bosnian Muslim

19 civilians started simultaneously with the HV and HVO

20 attack on 9 May, 1993 and continued until at least

21 January 1994. However, there were two large waves of

22 forcible transfers and imprisonment: one in the days

23 following the 9 May, 1993 attack and the second during

24 the first days of July 1993. Once the KB and other HVO

25 units had identified persons of Muslim ethnic

Page 23

1 background, they arrested them, evicted them, plundered

2 their homes, and forcibly transferred them to detention

3 centres under HVO authority, or across the

4 confrontation lines to the territories under ABiH

5 control.

6 27. Between April 1993 and until at least

7 January 1994, thousands of Bosnian Muslim civilians

8 were interned in the detention centres under HVO

9 authority in the area of Mostar and neighbouring

10 municipalities. Beatings, torture, killings, were

11 common and persistent in these detention facilities.

12 28. The Heliodrom compound, located in

13 Rodoc, municipalities of Mostar, was the main detention

14 centre in the area. Bosnian Muslim civilians and

15 prisoners of war arrested under the command of Mladen

16 Naletilic and Vinko Martinovic were interned in the

17 Heliodrom. Members of the KB mistreated and tortured

18 Bosnian Muslim detainees at the Heliodrom.

19 Furthermore, throughout the relevant period,

20 subordinates to Mladen Naletilic and Vinko Martinovic

21 regularly took detainees from the Heliodrom to the

22 front lines to force them to perform labour and use

23 them as human shields.

24 29. Throughout this period, Mladen Naletilic

25 visited on numerous occasions the Heliodrom camp and

Page 24

1 had knowledge of the existence of Bosnian Muslim

2 civilian prisoners and the inhuman conditions of this

3 camp and the mistreatment of detainees. Mladen

4 Naletilic was in contact with the commanders of the

5 Heliodrom, had access to the main facilities of the

6 compound, and exerted command over the KB troops based

7 in the compound.

8 30. In the Kalemova street of the city of

9 Mostar, the KB maintained the base of the sub-unit

10 called ATG Mrmak, later named Vinko Skrobo, under the

11 command of Vinko Martinovic. Bosnian Muslim detainees

12 were kept in this base, which was used as centre for

13 the attacks against Bosnian Muslim civilians,

14 particularly evictions, looting, expulsions across the

15 front lines, and use of detainees for forced labour and

16 human shield purposes. Mladen Naletilic regularly

17 visited these premises to meet Vinko Martinovic and

18 other KB members.

19 31. Mladen Naletilic knew of the existence

20 of detention centres in Mostar and neighbouring

21 municipalities other than the Heliodrom in which

22 Bosnian Muslim civilians were interned and mistreated.

23 In particular, Mladen Naletilic had knowledge of the

24 detention centres located in the municipality of

25 Listica-Siroki Brijeg, such as the primary school of

Page 25

1 Dobrkovici, the MUP police station, and the bases of

2 the KB in Listica-Siroki Brijeg, Ljubuski, and Mostar

3 where Bosnian Muslims were also detained. Bosnian

4 Muslim detainees of the primary school of Dobrkovici

5 were forced to work in Mladen Naletilic's private

6 estate.

7 32. Under the command of Mladen Naletilic

8 and Vinko Martinovic, the KB forcibly transferred

9 Bosnian Muslim civilians to the confrontation line in

10 the municipality of Mostar and forced them to cross the

11 confrontation line towards the ABiH side. Mladen

12 Naletilic and Vinko Martinovic gave orders to expel the

13 Bosnian Muslim population and loot and destroy their

14 houses and properties.

15 33. Throughout this period, Mladen Naletilic

16 and Vinko Martinovic repeatedly tortured Bosnian Muslim

17 detainees, ordered their subordinates to torture

18 Bosnian Muslims, and by their example instigated their

19 subordinates to commit and carry out torture. Severe

20 physical and mental suffering was intentionally

21 inflicted on Bosnian Muslims for the following

22 purposes: to obtain from them information; to punish

23 them; to retaliate due to adverse developments in the

24 front lines; to intimidate them; or based on their

25 ethnicity or religion.

Page 26

1 34. Between about April 1993 and at least

2 January 1994, Mladen Naletilic, as commander of the KB,

3 and Vinko Martinovic, as commander of the Mrmak or

4 Vinko Skrobo sub-unit of the KB, together with other

5 leaders, agents, and members of the HV and HVO,

6 planned, instigated, ordered, or committed or aided and

7 abetted the planning, preparation, or execution of a

8 crime against humanity through the widespread or

9 systematic persecutions of Bosnian Muslim civilians on

10 political, racial, ethnic, or religious grounds

11 throughout the territory claimed to belong to the HZ-HB

12 and HR-HB by the following means, including, as

13 applicable, the acts and conduct described in Counts 2

14 through 22 below;

15 (a) unlawfully confining, detaining, forcibly

16 transferring, and deporting Bosnian Muslim civilians,

17 including as described in paragraphs 53 and 54;

18 (b) subjecting Bosnian Muslims to torture and

19 inhumane acts, inhuman and cruel treatment, murdering

20 and wilfully killing them, wilfully causing them great

21 suffering, using them to perform unlawful and forced

22 labour, including on the confrontation lines in Mostar,

23 and using them as human shields, which in some

24 instances resulted in their death, including as

25 described in paragraphs 35 to 52;

Page 27

1 (c) destroying and wantonly devastating

2 Bosnian Muslim dwellings and buildings, including as

3 described in paragraphs 55, 56, and 58; and

4 (d) plundering public and private property of

5 Bosnian Muslims, including as described in paragraph

6 57 --

7 JUDGE JORDA: (Interpretation) Wait,

8 Mr. Registrar.

9 I shall now ask Mr. Martinovic to stand up.

10 Because of what has just been read, the registrar is

11 going to read Count 1. So please read Count 1 and then

12 you will tell us whether you plead guilty or not guilty

13 on Count 1. Please repeat that.

14 THE REGISTRAR: (Interpretation) By these acts

15 and omissions, Mladen Naletilic and Vinko Martinovic

16 committed:

17 Count 1: persecutions on political, rational

18 and religious grounds, a crime against humanity, as

19 recognised by Articles 5(h), 7(1) and 7(3) of the

20 Statute of the Tribunal.

21 JUDGE JORDA: (Interpretation) How do you

22 plead, guilty or not guilty on this count,

23 Mr. Martinovic?

24 THE ACCUSED MARTINOVIC: (Interpretation) Not

25 guilty.

Page 28

1 JUDGE JORDA: (Interpretation) I will take

2 note of your not guilty plea.

3 Mr. Registrar, please record that. You may

4 sit down, Mr. Martinovic. We will continue with the

5 reading of the counts of the indictment.

6 THE REGISTRAR: (Interpretation) Counts 2 to

7 8. Unlawful labour and human shields as inhuman

8 treatment and wilful killing.

9 35. Between about April 1993 and at least

10 through January 1994, Mladen Naletilic, Vinko

11 Martinovic, and their subordinates forced the Bosnian

12 Muslim detainees from the various detention centres

13 under the authority of the HVO to perform labour in

14 military operations and to be used as human shields on

15 the Bulevar and Santiceva streets; Rastani; Stotina;

16 and other locations along the front line in the

17 municipality of Mostar.

18 36. Following the HV and HVO attack on the

19 city of Mostar on 9 May, 1993, the confrontation line

20 with the ABiH was settled along the Bulevar and

21 Santiceva streets. From May 1993 to February 1994, the

22 KB was engaged in fighting along the Bulevar and

23 Santiceva streets and had control over particular

24 sections of this confrontation line. This

25 confrontation line was both the scene of intense small

Page 29

1 arms fire and artillery exchanges between the opposing

2 factions, and it was the main site to which Bosnian

3 Muslim prisoners were taken to perform forced labour

4 and to be used as human shields.

5 37. From May 1993 through at least January

6 1994, on a regular basis, detainees were taken from the

7 Heliodrom camp and other detention centres to the bases

8 of the KB in the city of Mostar for eventual transfer

9 to the confrontation lines. The detainees were forced,

10 at great risk to their lives, to perform various

11 dangerous military support tasks benefiting the HV and

12 HVO; including: digging trenches, building defences

13 with sandbags, carrying wounded or killed HV or HVO

14 soldiers, carrying ammunition and explosives across the

15 confrontation line, and placing them in front of ABiH

16 positions. These tasks were often performed by the

17 detainees, under conditions which exposed them directly

18 to hostile fire, and thereby served the purpose of

19 protecting HVO soldiers. Consequently, the detainees

20 were turned into human shields. On other occasions,

21 the KB used detainees exclusively to protect the KB and

22 other HV and HVO soldiers from hostile fire or to

23 attract hostile fire on the detainees in order to

24 ascertain the ABiH positions.

25 38. The circumstances of intense fire

Page 30

1 exchange and the direct exposure of the detainees and

2 prisoners to such fire, adding to the short distance

3 between the two warring factions, presented a high

4 likelihood of death or serious injury to the detainees

5 and prisoners. Mladen Naletilic and Vinko Martinovic

6 were aware of these circumstances. The knowing

7 exposure of the Bosnian Muslim detainees to these

8 conditions resulted in their inhuman treatment and, in

9 some instances, injuries and death.

10 39. From May 1993 to January 1994, Mladen

11 Naletilic repeatedly visited the Heliodrom camp and the

12 bases of the KB in the city of Mostar, where he met his

13 subordinates and detainees. Mladen Naletilic had

14 knowledge of the use of prisoners and detainees for

15 forced labour and human shields and was also aware of

16 the resulting injuries and deaths, based on his

17 presence at the relevant sites and the reports he

18 received from his subordinates.

19 40. Throughout this period, Vinko

20 Martinovic, as the commander of the sub-unit Mrmak or

21 Vinko Skrobo, regularly used detainees for forced

22 labour in military operations and as human shields

23 along the confrontation lines in the city of Mostar.

24 41. On 17 September, 1993, the HV and HVO

25 launched an offensive on the positions of the ABiH

Page 31

1 along the Bulevar and Santiceva streets in the city of

2 Mostar. As part of this offensive, Vinko Martinovic

3 ordered and directed the use of Bosnian Muslim

4 detainees for military attack purposes in the part of

5 the Bulevar front line under his command. Following

6 the orders of Vinko Martinovic, several detainees were

7 given imitation wooden rifles and military clothing and

8 were forced to walk alongside a tank moving towards the

9 enemy positions. The purpose of this action was to

10 prompt fire from the ABiH positions against the

11 disguised detainees in order that the attacking HVO

12 tank could ascertain these enemy positions.

13 42. On the same day and about the same time,

14 approximately fifteen prisoners and detainees were

15 deployed as human shields in an adjacent section of the

16 Bulevar front line under the command of Vinko

17 Martinovic in order to protect attacking HVO soldiers.

18 Approximately ten detainees were killed as a result of

19 their use as human shields, including the following:

20 1. Aziz Colakovic

21 2. Hamdija Colakovic

22 3. Enis Pajo

23 43. On 23 September, 1993, Mladen Naletilic

24 commanded an attack by the KB on the village of

25 Rastani, municipality of Mostar. In the course of the

Page 32

1 attack, Bosnian Muslim detainees taken from the

2 Heliodrom were forced to walk in front of the attacking

3 forces and to enter and search enemy positions. The

4 detainees were forced to perform these tasks, exposed

5 to the ongoing exchange of fire at great risk to their

6 lives.

7 44. Throughout this period, Mladen

8 Naletilic, Vinko Martinovic, and their subordinates

9 also forced Bosnian Muslim detainees to perform labour

10 in locations other than the front lines. The Bosnian

11 Muslim detainees were forced, inter alia, to engage and

12 participate in the following works: building,

13 maintenance and reparation works in private properties

14 of the members and commanders of the KB; digging

15 trenches, building defences in the positions of the KB

16 or other HV or HVO forces; and assisting the KB members

17 in the process of looting houses and properties of

18 Bosnian Muslims.

19 JUDGE JORDA: (Interpretation) Will you stand

20 up, Mr. Martinovic? Following what has just been read

21 in the indictment, these are counts from number 2 to

22 number 8. Mr. Registrar is going to read them out, and

23 I will ask you, for each count, whether you plead

24 guilty or not guilty.

25 THE REGISTRAR: (Interpretation) By these acts

Page 33

1 and omissions, Vinko Martinovic committed:

2 Count 2: inhuman acts, a crime against

3 humanity, as recognised by Article 5(i), 7(1) and 7(3)

4 of the Statute of the Tribunal.

5 JUDGE JORDA: (Interpretation) Do you plead

6 guilty or not guilty, Mr. Martinovic?

7 THE ACCUSED MARTINOVIC: (Interpretation) Not

8 guilty.

9 THE REGISTRAR: (Interpretation) Count 3:

10 inhuman treatment, a grave breach of the Geneva

11 Conventions of 1949, as recognised by Articles 2(b) and

12 7(1) and 7(3) of the Statute of the Tribunal.

13 JUDGE JORDA: (Interpretation) Do you plead

14 guilty or not guilty?

15 THE ACCUSED MARTINOVIC: (Interpretation) Not

16 guilty.

17 THE REGISTRAR: (Interpretation) Count 4:

18 cruel treatment, a violation of the laws or customs of

19 war, under Statute Article 3, as recognised by Article

20 3(1)(a) of the Geneva Conventions and Statute Articles

21 7(1) and 7(3).

22 JUDGE JORDA: (Interpretation) Do you plead

23 guilty or not guilty?

24 THE ACCUSED MARTINOVIC: (Interpretation) Not

25 guilty.

Page 34

1 THE REGISTRAR: (Interpretation) Count 5:

2 unlawful labour, a violation of the laws or customs of

3 war, under Statute Article 3, as recognised by Article

4 51 of Geneva Convention IV and Articles 49 and 50 of

5 Geneva Convention III, and Statute Articles 7(1) and

6 7(3).

7 JUDGE JORDA: (Interpretation) Mr. Martinovic,

8 do you plead guilty or not guilty?

9 THE ACCUSED MARTINOVIC: (Interpretation) Not

10 guilty.

11 THE REGISTRAR: (Interpretation) Count 6:

12 murder, a crime against humanity, as recognised by

13 Articles 5(a), 7(1) and 7(3) of the Statute of the

14 Tribunal.

15 JUDGE JORDA: (Interpretation) Do you plead

16 guilty or not guilty, Mr. Martinovic?

17 THE ACCUSED MARTINOVIC: (Interpretation) Not

18 guilty.

19 THE REGISTRAR: (Interpretation) Count 7:

20 wilful killing, a grave breach of the Geneva

21 Conventions of 1949, as recognised by Articles 2(a),

22 7(1) and 7(3) of the Statute of the Tribunal.

23 JUDGE JORDA: (Interpretation) Do you plead

24 guilty or not guilty, Mr. Martinovic?

25 THE ACCUSED MARTINOVIC: (Interpretation) Not

Page 35

1 guilty.

2 THE REGISTRAR: (Interpretation) Count 8:

3 murder, a violation of the law or customs of war under

4 Statute Article 3, as recognised by Article 3(1)(a) of

5 the Geneva Conventions, and Statute Articles 7(1) and

6 7(3).

7 JUDGE JORDA: (Interpretation) Do you plead

8 guilty or not guilty?

9 THE ACCUSED MARTINOVIC: (Interpretation) Not

10 guilty.

11 JUDGE JORDA: (Interpretation) Please be

12 seated. We are now going to read Counts 9 to 12.

13 THE REGISTRAR: (Interpretation) Counts 9 to

14 12. Torture and wilfully causing great suffering.

15 45. Beginning in May 1993 and at least

16 through January 1994, Mladen Naletilic, Vinko

17 Martinovic, and their subordinates tortured or

18 wilfully caused great suffering to Bosnian Muslim

19 civilians and prisoners of war captured by the KB or

20 detained under the authority of the HVO. Severe

21 physical and mental suffering was intentionally

22 inflicted on Bosnian Muslim detainees for the following

23 purposes: to obtain from them information; to punish

24 them; to retaliate due to adverse developments in the

25 front lines; or to intimidate them based on their

Page 36

1 ethnicity or religion. Throughout this period, Mladen

2 Naletilic and Vinko Martinovic repeatedly committed,

3 aided and abetted torture, wilfully caused great

4 suffering, and by their example instigated and

5 encouraged their subordinates to torture or cause great

6 suffering on Bosnian Muslim detainees.

7 46. Mladen Naletilic committed and

8 instigated the commission of torture or the infliction

9 of great suffering on Bosnian Muslim detainees on 20

10 April, 1993 following the attack against the Bosnian

11 Muslim population of Sovici and Doljani carried out HV

12 and HVO forces under his overall command.

13 47. In the context of the preparations of

14 the HV and HVO attack on Mostar on 7 May, 1993,

15 unidentified members of the KB arrested in Mostar

16 Witness B, whom at the time was a prominent figure

17 within the Bosnian Muslim community, and took him to a

18 base of the KB in Listica-Siroki Brijeg. At that base,

19 Mladen Naletilic and his subordinates tortured

20 Witness B, causing severe injuries.

21 48. Following the HV and HVO attack on

22 Mostar on 10 May, 1993, Mladen Naletilic physically

23 assaulted Witness M, who was a prisoner of war captured

24 in Mostar by Mladen Naletilic's subordinates. Mladen

25 Naletilic hit repeatedly Witness M in an open area of

Page 37

1 the streets of Mostar, in the presence of his

2 subordinates and other commanders of the HVO.

3 49. Throughout this period, Vinko Martinovic

4 repeatedly beat in the presence of his subordinates

5 Bosnian Muslim detainees in the area under his command

6 and Bosnian Muslim civilians in the process of their

7 eviction and deportation.

8 50. Throughout this period, the beatings and

9 torture of Bosnian Muslim civilians and prisoners of

10 war became a common practice of the members of the KB.

11 Beatings and torture of Bosnian Muslim civilians and

12 prisoners of war were committed by a large number of

13 members of the KB, including commanders. These

14 beatings and tortures were committed at different bases

15 of the KB in Mostar, Listica-Siroki Brijeg, and

16 Ljubuski. Beatings and tortures were also inflicted at

17 other detention centres and camps under the authority

18 of the HVO, such as the Ljubuski prison, the Heliodrom

19 camp. Beatings and tortures were additionally

20 inflicted at several other locations following the

21 capture of prisoners. Mladen Naletilic and Vinko

22 Martinovic knew or had reason to know that their

23 subordinates were about to commit such acts or had done

24 so, and they failed to take the necessary and

25 reasonable measures to prevent such further acts or to

Page 38

1 punish the perpetrators thereof.

2 JUDGE JORDA: (Interpretation) The accused

3 will now rise and will tell us how you plead on these

4 counts, that is, 9, 10, 11, and 12.

5 THE REGISTRAR: (Interpretation) By these acts

6 and omissions, Vinko Martinovic committed:

7 Count 9: torture, a crime against humanity

8 under Articles 5(f), 7(1) and 7(3) of the Statute of

9 the Tribunal.

10 JUDGE JORDA: (Interpretation) Do you plead

11 guilty or not guilty?

12 THE ACCUSED MARTINOVIC: (Interpretation) Not

13 guilty.

14 THE REGISTRAR: (Interpretation) Count 10:

15 torture, a grave breach of the Geneva Conventions of

16 1949, under Statute Article 2(b), and 7(1) and 7(3) of

17 the Statute of the Tribunal.

18 JUDGE JORDA: (Interpretation) Mr. Martinovic,

19 do you plead guilty or not guilty?

20 THE ACCUSED MARTINOVIC: (Interpretation) Not

21 guilty.

22 THE REGISTRAR: (Interpretation) Count 11:

23 cruel treatment, a violation of the laws or customs of

24 war, under Statute Article 3, as recognised by Article

25 3(1)(a) of the Geneva Conventions, and Articles 7(1)

Page 39

1 and 7(3) of the Statute of the Tribunal.

2 JUDGE JORDA: (Interpretation) Do you plead

3 guilty or not guilty, Mr. Martinovic?

4 THE ACCUSED MARTINOVIC: (Interpretation) Not

5 guilty.

6 THE REGISTRAR: (Interpretation) Count 12:

7 wilfully causing great suffering or serious injury to

8 body or health, a grave breach of the Geneva

9 Conventions of 1949, under Articles 2(c), 7(1) and 7(3)

10 of the Statute of the Tribunal.

11 JUDGE JORDA: (Interpretation) Mr. Martinovic,

12 do you plead guilty or not guilty on Count 12?

13 THE ACCUSED MARTINOVIC: (Interpretation) Not

14 guilty.

15 JUDGE JORDA: (Interpretation) You may be

16 seated.

17 Mr. Registrar, will you now read Counts 13 to

18 17, please?

19 THE REGISTRAR: (Interpretation) Count 13 to

20 17: Murder, wilful killing, and wilfully causing

21 great suffering of Nenad Harmandzic.

22 51. Nenad Harmandzic, son of Salko, born in

23 Mostar on 19 February, 1947, was taken in July 1993

24 with a group of approximately 50 detainees from the

25 Heliodrom camp to the base of the sub-unit of the KB

Page 40

1 under the command of Vinko Martinovic, known as ATG,

2 (Anti Terrorist Group) Mrmak or Vinko Skrobo, located

3 in the Kalemova street in the city of Mostar. Vinko

4 Martinovic was present at the base and was exercising

5 direct command when the group of prisoners, including

6 Nenad Harmandzic, arrived.

7 52. On the same day, following the arrival

8 of Nenad Harmandzic at the facilities of the Kalemova

9 street, he met Vinko Martinovic and was thereafter the

10 subject of severe beatings by subordinates under the

11 command of Vinko Martinovic. Later on the same day,

12 Nenad Harmandzic was killed by subordinates of Vinko

13 Martinovic.

14 JUDGE JORDA: (Interpretation) Mr. Martinovic,

15 you will rise now.

16 Mr. Registrar?

17 THE REGISTRAR: (Interpretation) By these acts

18 and omissions, Vinko Martinovic committed:

19 Count 13: murder, a crime against humanity,

20 as recognised by Articles 5(A), 7(1) and 7(3) of the

21 Statute of the Tribunal.

22 JUDGE JORDA: (Interpretation) Mr. Martinovic,

23 do you plead guilty or not guilty on Count 13?

24 THE ACCUSED MARTINOVIC: (Interpretation) Not

25 guilty.

Page 41

1 THE REGISTRAR: (Interpretation) Count 14:

2 wilful killing, a grave breach of the Geneva

3 Conventions of 1949, as recognised by Articles 2(A),

4 7(1) and 7(3) of the Statute of the Tribunal.

5 JUDGE JORDA: (Interpretation) Do you plead

6 guilty or not guilty, Mr. Martinovic?

7 THE ACCUSED MARTINOVIC: (Interpretation) Not

8 guilty.

9 THE REGISTRAR: (Interpretation) Count 15:

10 murder, a violation of the laws or customs of war,

11 under Statute Article 3, as recognised by Article

12 3(1)(A) of the Geneva Conventions, and Article 7(1) and

13 7(3) of the Statute of the Tribunal.

14 JUDGE JORDA: (Interpretation) Do you plead

15 guilty or not guilty, Mr. Martinovic?

16 THE ACCUSED MARTINOVIC: (Interpretation) Not

17 guilty.

18 THE REGISTRAR: (Interpretation)

19 Alternatively, Count 16: cruel treatment, a violation

20 of the laws or customs of war, under Statute Article 3,

21 as recognised by Article 3(1)(a) of the Geneva

22 Conventions and Articles 7(1) and 7(3) of the Statute

23 of the Tribunal.

24 JUDGE JORDA: (Interpretation) Do you plead

25 guilty or not guilty to this count of the indictment,

Page 42

1 Mr. Martinovic?

2 THE ACCUSED MARTINOVIC: (Interpretation) Not

3 guilty.

4 JUDGE JORDA: (Interpretation) Just a moment.

5 Count 17 is also an alternative count. Is that how we

6 should interpret the count?

7 MS. HOLLIS: Yes, Your Honour.

8 JUDGE JORDA: (Interpretation) All right.

9 Thank you. Thank you, Ms. Hollis.

10 THE REGISTRAR: (Interpretation) Count 17, it

11 is also alternatively: wilfully causing great

12 suffering or serious injury to body or health, a grave

13 breach of the Geneva Conventions of 1949, under

14 Articles 2(c), 7(1) and 7(3) of the Statute of the

15 Tribunal.

16 JUDGE JORDA: (Interpretation) Mr. Martinovic,

17 do you plead guilty or not guilty?

18 THE ACCUSED MARTINOVIC: (Interpretation) Not

19 guilty.

20 JUDGE JORDA: (Interpretation) You may be

21 seated.

22 Count 18, Mr. Registrar, please.

23 THE REGISTRAR: (Interpretation) Count 18:

24 Forcible transfer.

25 53. On about 17 April, 1993, following the

Page 43

1 plans and under the overall command of Mladen

2 Naletilic, the KB, along with other HV and HVO forces,

3 attacked the villages of Sovici and Doljani in the

4 municipality of Jablanica. After the capture of

5 Sovici, the attacking forces forcibly interned several

6 hundreds of Bosnian Muslim civilians in the local

7 primary school on 18 and 19 April, 1993. On the

8 following days, the forces under the command of Mladen

9 Naletilic confined the whole of the Bosnian Muslim

10 civilian population of Sovici, around 450 women,

11 children and elderly, to the hamlet of Junuzovici, and

12 forcibly transferred them subsequently to the territory

13 of Gornji Vakuf under the control of the ABiH.

14 54. In the municipality of Mostar, Mladen

15 Naletilic and Vinko Martinovic were responsible for and

16 ordered the forcible transfer of Bosnian Muslim

17 civilians that started on 9 May, 1993 and continued

18 until at least January 1994. The KB members under

19 their command were prominent in the eviction, arrest,

20 and forcible transfers of Bosnian Muslim civilians

21 throughout the relevant period, and particularly during

22 the two large waves of forcible transfers that took

23 place in May and July 1993. Once the KB and other HVO

24 units had identified persons of Muslim ethnic

25 background, they arrested them, evicted them, plundered

Page 44

1 their homes, and forcibly transferred them across the

2 confrontation lines to the territories under ABiH

3 control. The ABiH held a section of the city which was

4 under siege by the HV and HVO forces, who were shelling

5 intensely the area and preventing the arrival of

6 humanitarian aid and basic supplies. Mladen Naletilic

7 and Vinko Martinovic commanded operations for this

8 purpose and gave orders to their subordinates to

9 proceed with the forcible transfers.

10 JUDGE JORDA: (Interpretation) Mr. Martinovic,

11 you will rise now.

12 Mr. Registrar?

13 THE REGISTRAR: (Interpretation) By these acts

14 or omissions, Vinko Martinovic committed:

15 Count 18: unlawful transfer of a civilian, a

16 grave breach of the Geneva Conventions of 1949, as

17 recognised by Articles 2(g), 7(1) and 7(3) of the

18 Statute of the Tribunal.

19 JUDGE JORDA: (Interpretation) Do you plead

20 guilty or not guilty, Mr. Martinovic?

21 THE ACCUSED MARTINOVIC: (Interpretation) Not

22 guilty.

23 JUDGE JORDA: (Interpretation) Thank you. You

24 may sit down.

25 THE REGISTRAR: (Interpretation) Counts 19 to

Page 45

1 22: Destruction and plunder of property.

2 55. Following the capture of Sovici and

3 Doljani on 17 April, 1993, Mladen Naletilic ordered the

4 destruction of all the Bosnian Muslim houses in the

5 area. The systematic destruction of the Bosnian Muslim

6 houses was carried out by the forces under the

7 authority of Mladen Naletilic, who at the relevant time

8 was in command over the area occupied by the HV and HVO

9 forces.

10 56. Following the capture of Sovici and

11 Doljani on 17 April, 1993, Mladen Naletilic ordered the

12 destruction of the mosque of Sovici. The mosque was

13 destroyed by the forces under the authority of Mladen

14 Naletilic, who at the relevant time was in command over

15 the area occupied by the HV and HVO forces.

16 57. Following the HV and HVO attack on

17 Mostar of 9 May, 1993 and in the context of the

18 subsequent campaign of persecutions against the Bosnian

19 Muslim population, the units under the command of

20 Mladen Naletilic and Vinko Martinovic plundered

21 systematically the Bosnian Muslim houses and

22 properties.

23 58. Following the capture of the village of

24 Rastani, municipality of Mostar, on 23 September, 1993,

25 the forces under the command of Mladen Naletilic

Page 46

1 destroyed the Bosnian Muslim houses of the village.

2 JUDGE JORDA: (Interpretation) Mr. Martinovic,

3 you will rise.

4 Mr. Registrar?

5 THE REGISTRAR: (Interpretation) By these acts

6 and omissions, Vinko Martinovic committed:

7 Count 19: extensive destruction of property,

8 a grave breach of the Geneva Conventions, recognised by

9 Articles 2(d), 7(1) and 7(3) of the Statute of the

10 Tribunal.

11 JUDGE JORDA: (Interpretation) Do you plead

12 guilty or not guilty, Mr. Martinovic?

13 THE ACCUSED MARTINOVIC: (Interpretation) Not

14 guilty.

15 THE REGISTRAR: (Interpretation) Count 20:

16 wanton destruction not justified by military necessity,

17 a violation of the laws or customs of war, as

18 recognised by Articles 3(b), 7(1) and 7(3) of the

19 Statute of the Tribunal.

20 JUDGE JORDA: (Interpretation) Do you plead

21 guilty or not guilty, Mr. Martinovic?

22 THE ACCUSED MARTINOVIC: (Interpretation) Not

23 guilty.

24 THE REGISTRAR: (Interpretation) Count 21:

25 plunder of public or private property, a violation of

Page 47

1 the laws or customs of war, as recognised by Articles

2 3(e), 7(1) and 7(3) of the Statute of the Tribunal.

3 JUDGE JORDA: (Interpretation) Mr. Martinovic,

4 do you plead guilty or not guilty?

5 THE ACCUSED MARTINOVIC: (Interpretation) Not

6 guilty.

7 THE REGISTRAR: (Interpretation) Count 22:

8 seizure, destruction, or wilful damage done to

9 institutions dedicated to religion, a violation of the

10 laws or customs of war, as recognised by Articles 3(d),

11 7(1) and 7(3) of the Statute of the Tribunal.

12 JUDGE JORDA: (Interpretation) Do you plead

13 guilty or not guilty, Mr. Martinovic?

14 THE ACCUSED MARTINOVIC: (Interpretation) Not

15 guilty.

16 JUDGE JORDA: (Interpretation) Thank you. You

17 may be seated, Mr. Martinovic.

18 Mr. Registrar?

19 THE REGISTRAR: (Interpretation) The

20 indictment was signed by Louise Arbour on the 18th day

21 of December, 1998.

22 JUDGE JORDA: (Interpretation) Thank you,

23 Mr. Registrar.

24 We are now going to organise the work of the

25 Trial Chamber for the weeks to come and remind both

Page 48

1 sides of their obligations.

2 Let me address first the Office of the

3 Prosecutor. Ms. Hollis, are you going to take the

4 floor, or your colleague, to ask you where you stand,

5 after reminding you of the obligations with respect to

6 the Defence in accordance with the provisions of

7 Article 70(a), that is, disclosure of the supporting

8 material that you provided to Judge May and the

9 previous statements of the accused. You have a

10 deadline of 30 days after the initial appearance. What

11 steps have you taken, what do you intend to do, and

12 where do you stand?

13 MS. HOLLIS: Yes, Your Honour. We have

14 submitted the confirmation material for translation

15 into a language the accused understands. It is further

16 our intention to provide a copy of the supporting

17 material to Defence counsel in the language the

18 material currently is in so that he may begin to review

19 the substance of that material. Those are the steps

20 that we have taken regarding the confirmation

21 materials.

22 JUDGE JORDA: (Interpretation) Yes. For the

23 moment, I wish to make sure that you have disclosed

24 what is necessary under 66(a), that is, the prior

25 statements of the accused.

Page 49

1 Mr. Seric, do you have all these documents in

2 your hands in your language, in the Serbo-Croatian

3 language?

4 MR. SERIC: (Interpretation) Your Honour, the

5 Defence has not received anything. We do not have

6 those materials.

7 JUDGE JORDA: (Interpretation) Ms. Hollis, for

8 the moment, counsel does not have those materials. You

9 do have 30 days, but I would like it to be done as soon

10 as possible, that is, the material that you have.

11 Perhaps there's a problem of translation, but you know

12 that as from now, the time is running for the period

13 when everything has to be disclosed for the preliminary

14 motions. I want our debate to start as soon as

15 possible, of course, in the context of our timetable,

16 which is very busy.

17 Ms. Hollis, will you be able to disclose all

18 this to your colleague on the opposite side?

19 MS. HOLLIS: Yes, Your Honour. As I noted

20 earlier, in accordance with the Rule which requires us

21 to provide this material to the accused in a language

22 he understands, we have submitted the material to the

23 translation unit so that it will be translated into the

24 Croatian language for the accused. We have taken that

25 step, with a cover letter to the translation unit

Page 50

1 indicating the provisions of the Rule, that we must

2 serve this on the Defence counsel within 30 days of

3 today, and we have requested them to make this the

4 highest priority so that we may meet that obligation.

5 To further assist the Defence, we will

6 provide the confirmation material in the language it

7 currently is in, which in this case would be either

8 English for the statements. We also have some

9 documents that are in Spanish. We will provide that

10 material in its original language to the Defence. Our

11 intention is to have that material ready to send to the

12 Defence by Tuesday of next week.

13 We have no statements of the accused, other

14 than any statements we may be aware of that he gave in

15 the courts in Croatia. So at this point, we have no

16 statements of the accused to provide to him.

17 Those are the steps that we have taken, Your

18 Honour, and we are very cognisant of the 30-day rule.

19 JUDGE JORDA: (Interpretation) Thank you. You

20 are replacing your colleague who is the usual legal

21 counsel of this Chamber. Will you make sure that these

22 documents will be served by Tuesday or as quickly as

23 possible? Will you make sure of that? Thank you for

24 that.

25 Madam Prosecutor, when will you be able to

Page 51

1 communicate the statements of witnesses, the witnesses

2 that you have called? Do you envisage a long trial or

3 a shorter trial? How many witnesses do you plan to

4 call? Because this will determine not only the Status

5 Conferences, because for the moment I will be in charge

6 of that, I will see whether I could designate one of my

7 colleagues in the next few weeks, but I am now the

8 Pre-trial Judge, and within the framework of these

9 pre-trial proceedings, I am asking you, will the

10 Prosecution have a large number of witnesses to call?

11 MS. HOLLIS: Yes, Your Honour. At this time,

12 we expect the approximate number of witnesses for the

13 Prosecution will be 78.

14 JUDGE JORDA: (Interpretation) We'll talk

15 about that at the Status Conference again. You know

16 that there have been trials here in which up to 100

17 witnesses have been called, but we will come back to

18 that at the Status Conference to see whether we can

19 reduce the number of witnesses. Of course, that is

20 your case, but it is also the concern of the President

21 of the Chamber, who wants to make sure that we work

22 efficiently, bearing in mind the other trials that are

23 within the terms of reference of this Chamber. Thank

24 you. We will be coming back to that at the Status

25 Conference in closed session.

Page 52

1 Mr. Seric, do you intend, and that is your

2 right, of course, after having been served with all the

3 supporting material with the indictment, have you

4 already, on the basis of the indictment that you have

5 seen, do you intend to submit any preliminary motions?

6 Are you able to tell us that already today?

7 MR. SERIC: (Interpretation) Your Honours,

8 unfortunately I'm not in a position to tell you that

9 today. When I get the supporting material from the

10 Prosecutor, then of course I shall be able to know much

11 more about that and I shall be able to talk about it at

12 the Pre-trial Conference.

13 JUDGE JORDA: (Interpretation) Thank you. I

14 believe we shall have this conference, I believe we

15 shall be able to somehow set a date for it after those

16 30 days. I believe, therefore, that we have the period

17 as of today, 30 days, and we shall be taking note, of

18 course, of the disclosure of documents and the mutual

19 disclosure of documents, and Mr. Dubuisson and others

20 will take care of that.

21 THE REGISTRAR: (Interpretation) Yes, Mr.

22 President.

23 JUDGE JORDA: (Interpretation) Of course we

24 have to remember that we have a very heavy schedule.

25 We have a trial which is very long, so it will also

Page 53

1 affect the decision which we have taken, but I believe

2 that the registrar keeps everything under control, and

3 I believe that the Court will come back from the recess

4 on the 30th of August. Then we have General Krstic, I

5 believe that is a trial that begins in the autumn. So

6 will you please, both the Prosecution and the Defence,

7 think well about it after this initial appearance and

8 to indeed abide by the dates which are at your disposal

9 to completely disclose all the documents.

10 At present, I do not think that we can really

11 set in advance the date, but, Ms. Hollis, would you

12 like to add anything else?

13 MS. HOLLIS: No, Your Honour. The

14 Prosecution has nothing further to add at this time.

15 JUDGE JORDA: (Interpretation) Thank you,

16 Ms. Hollis.

17 Mr. Seric, do you have any statements to make

18 or any comments? You know that in this Chamber, as, of

19 course, in others, the legal officer, in this case

20 Mr. Hocking and Mr. Fourmy, who are both extremely

21 talented and hard-working, are there to establish a

22 kind of liaison between the parties, and, of course, I

23 intend to organise a Pre-trial Conference. Have you

24 any observations to make regarding this particular

25 hearing or any others?

Page 54

1 MR. SERIC: (Interpretation) Your Honours, I

2 have nothing else to say. I am very happy with this

3 initial appearance. Thank you.

4 JUDGE JORDA: (Interpretation) Very well. I

5 should now like to ask Mr. Martinovic to stand.

6 Do you wish to make any statement? First let

7 me ask you your conditions of detention. I think you

8 were transferred on Monday. Are you satisfied with

9 your conditions of detention? Speak quite openly, feel

10 at ease. You are addressing a Judge, and we are ready

11 to hear you. You are satisfied. Very well.

12 Do you have any other statements to make

13 before we adjourn, if you wish to make a statement or

14 not?

15 THE ACCUSED MARTINOVIC: (Interpretation) No.

16 JUDGE JORDA: (Interpretation) Very well. You

17 may be seated again and wait for the Tribunal, which,

18 on this occasion, I alone represent, to rise and

19 adjourn.

20 The hearing is adjourned.

21 --- Whereupon the hearing adjourned at

22 5.30 p.m. sine die

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