1 Monday, 3 October 2005
2 [Further Appearance]
3 [Open session]
4 --- Upon commencing at 3.06 p.m.
5 [The accused entered court]
6 JUDGE AGIUS: Yes, Mr. Registrar, good afternoon to you. Could
7 you call the case, please.
8 THE REGISTRAR: [Interpretation] Yes, Your Honour, good afternoon.
9 Case Number IT-03-67-PT, the Prosecutor versus Vojislav Seselj.
10 JUDGE AGIUS: All right. Thank you.
11 Mr. Seselj, can you follow the proceedings in your own language?
12 THE ACCUSED: [No interpretation].
13 JUDGE AGIUS: Okay.
14 Appearances for the Prosecution.
15 MS. UERTZ-RETZLAFF: Good afternoon, Your Honour. My name is
16 Hildegard Uertz-Retzlaff and today I appear for the Prosecution together
17 with case manager Ana Vrljic.
18 JUDGE AGIUS: Mr. Seselj, for the record, is defending himself and
19 I also notice the appearance of the stand-by counsel, Mr. van der Spoel.
20 Could you announce your presence or confirm your presence, please.
21 MR. Van der SPOEL: Good afternoon, Your Honour. Mr. Tjarda
22 van der Spoel, stand-by counsel.
23 JUDGE AGIUS: I thank you and good afternoon to you, too.
24 The purpose of this hearing is to apply one of the rules that we
25 have is to require whenever there are amendments to the indictment
1 amounting to new charges, this needs to be followed by a further initial
2 appearance. There are some basics that need to be followed during a
3 further initial appearance which are more or less in -- following the
4 Rule 62 of the Rules. And this imposes on the Trial Chamber a particular
5 procedure that needs to be followed. In the first place one of the things
6 that I as Presiding Judge in charge of this initial -- further initial
7 appearance, I need to satisfy myself is whether the accused wishes to
8 continue to represent himself or whether he asks for counsel to be
9 assigned to him.
10 Mr. Seselj?
11 THE ACCUSED: [Interpretation] I have definitely decided to
12 represent myself, but I demand that the registry register the members of
13 my expert team which will assist my Defence. Among them there is a number
14 of legal assistants and a number of investigators. I have applied to the
15 registry again. I did so after receiving the modified amended indictment.
16 JUDGE AGIUS: Okay. I thank you, and please copy and paste this
17 part of the transcript to the registrar of this Tribunal. Thank you.
18 The other thing that I am required to do, unless there is a
19 dispensation forthcoming from the accused himself is to read or have read
20 the indictment read to him in a language that he understands and then of
21 course satisfy myself that he understands the indictment. I take it from
22 what you said during the last Status Conference that you would like the
23 indictment to be read out in full. Is there -- do you stand by that
24 decision, Mr. Seselj?
25 THE ACCUSED: [Interpretation] Yes, I want the indictment to be
1 read out in full in the Serbian language.
2 JUDGE AGIUS: No, it will be read in the language that we decide
3 and you follow -- you will have interpretation. But you're not going to
4 tell us in which language that we will read out the indictment. And then
5 I will ask you whether you have understood the indictment or not.
6 In addition, I am also giving instructions to the registrar who is
7 here with us that apart from the indictment you are also to read all the
8 annexes that are attached to the indictment. The reason is that there
9 have been some changes to them as well which reflect the changes in the
10 indictment itself.
11 Before you start reading, I will explain a little bit what the
12 changes consist of. And eventually, Mr. Seselj, having read out the
13 indictment, we will revisit the counts one by one and I will be asking
14 whether you want to enter a plea today or not. You have these options:
15 You can decide not to enter a plea today and you can postpone entering a
16 plea up to 30 days from today. Should you not enter a plea, then I will
17 enter a plea of not guilty on your behalf. You have the other option of
18 remaining silent in any case, in other words, and you have also the option
19 of entering a plea of guilty or not guilty today. These are the various
20 options you have. Have I made myself clear?
21 THE ACCUSED: [Interpretation] Mr. Agius, it was not my intention
22 to teach you the rules. I am simply referring to Rule 62.2, where it says
23 that the indictment will be read out to the accused in a language he
24 speaks and understands. I did not ask you anything that is not in the
25 Rules. The only language I understand is Serbian. As for everything else
1 you have drawn my attention to, I understand everything and I will tell
2 you what my position is after the indictment is read out.
3 JUDGE AGIUS: The indictment will be read out in French today and
4 it will be interpreted to you in Serbian. And that means that it is being
5 read to you in your own language.
6 So let's -- let me explain to you a few of the -- not a few, what
7 the difference is in the existing amended -- modified amended indictment
8 and the previous one consisting. Basically, following decisions of this
9 Trial Chamber and the refiling of a modified amended indictment by the
10 Prosecution, we have an amended indictment which includes -- it doesn't
11 include new counts. The counts that there were before remain the same.
12 However, there are several additional factual allegations consisting in
13 alleged events, particularly relating to takeover of towns and villages
14 and forcible removal of the non-Serb population from them. And according
15 to the population involving, amongst other things, imprisonment under
16 inhumane conditions, killings, various killings, various acts of torture,
17 beatings, forced labour, sexual assaults, imposition of restrictive and
18 discriminatory matters, deportation or forcible transfer and destruction
19 of public and private property that took place in the "Greater Sarajevo,"
20 and particularly in Ilijas, Vogosca, Nova Sarejavo, Ilidza, and Rajlovac,
21 and then Bijeljina, Mostar, Nevesinje, and Brcko. The relative paragraphs
22 in the modified amended indictment that include these additional factual
23 allegations are to be found in paragraphs 6, in paragraph 10(e), in
24 paragraph 15, paragraph 17(a) to (j), in paragraph 18, in paragraphs 24 to
25 27, both paragraphs included. Paragraph 29(g) to (k), both paragraphs
1 included; paragraph 31, and paragraph 34.
2 In addition, there is with regard to Counts 2, 3, 4, and then 5,
3 6, 7, 8, and 9 also the introduction in the indictment of new factual
4 allegations as new charges relating to the detention of non-Serb civilians
5 in the Drinjaca Dom Kulture, where according to the Prosecution 88 Bosnian
6 Muslim males were tortured and killed, and the relative paragraphs are 22
7 and 29(e) of the modified amended indictment which reflect these new
9 Then as regards Count 5, 6, 7, 8, and 9, as you will find out by
10 reading paragraph 29(e) of the modified amended indictment, there is new
11 factual allegations that are being brought forward as new charges
12 concerning the detention of non-Serb civilians in the Karakaj technical
13 school and Gero slaughterhouse in the connection of imprisonment, torture,
14 and other inhumane acts and cruel treatment.
15 Then with regard to Counts 12, 13, and 14, in paragraph 34 we have
16 the addition of new factual allegations consisting, according to the
17 Prosecution, to new charges concerning the destruction of religious
18 archive in Zvornik.
19 Then there are some new charges resulting from changes relating to
20 dates and time periods. The Prosecution now alleges that in June or July
21 of 1992 Serb forces, including volunteers known as, according to the
22 Prosecution, as "Seselj's men" killed a non-Serb male detainee at the
23 Ciglana factory instead of its previous allegation that in May 1992 Serb
24 forces killed two non-Serb male detainees at the Novi Izvor building.
25 Although the Prosecution submits that the Ciglana factory and the
1 Novi Izvor refer to the same building and whereas the number of victims is
2 now reduced, the new allegation concerns the events that occurred in June
3 and July and not in May of that year, that is 1992. Therefore, this
4 amendment is being considered by the Trial Chamber as a new charge and you
5 will be asked to enter a plea because of this. The relevant data is
6 contained in paragraph 22 in the modified amended indictment which will be
7 read out in its entirety.
8 The Prosecution also now alleges that you, Mr. Seselj, planned,
9 instigated, committed or otherwise aided and abetted in the planning,
10 preparation or execution of the deportation or forcible transfer of
11 non-Serb populations in parts of Vojvodina between May and August of 1992
12 instead of in May 1992. This is a change very similar to the previous
13 one. This indicates basically that the Prosecution now clearly and
14 additionally alleges that you are criminally responsible for the
15 deportation or forcible transfer that took place throughout the next three
16 months following your speech on the 6th of May, 1992, to which reference
17 is made in the indictment itself.
18 As your alleged criminal responsibility for the deportation or
19 forcible transfer from June to August 1992, as this kind of criminal
20 responsibility was not clearly reflected in the previous indictment and
21 following our decision, or the decision of the Pre-Trial Chamber, the
22 allege on it, according to the Trial Chamber, constitutes a new charge.
23 Because of this, you will be asked to enter a plea again to the Counts 10
24 and 11, particularly taking into consideration what is now contained in
25 paragraph 31 of the modified amended indictment.
1 Also as regards Counts 2, 3, and 4, and particularly I'm referring
2 to paragraphs 18 and 34 of the modified amended indictment, and we are now
3 dealing with extermination, murder, wanton destruction and plunder of
4 private and public property in Bosanski Samac in Bosnia-Herzegovina, the
5 Prosecution is now alleging that you are responsible from on or about the
6 1st of March, 1992, instead of from on or about the 1st of April, 1992, a
7 difference of one month, which according to the Prosecution is relevant.
8 The extermination, murder, wanton destruction and plunder of public and
9 private property in between these two dates could on their own provide
10 basis for your conviction, and therefore this amendment constitutes a new
11 charge. The amendments related to this, as I said, can be found in
12 paragraphs 18 and 34, which will be read in their entirety to you.
13 Then, as regards Counts 5, 6, 7, 8, and 9, and particularly as
14 regards the imprisonment, torture, other inhumane acts and cruel
15 treatment, the Prosecution now alleges that you are responsible from
16 August 1991 until September of 1993, instead of from August 1991 until
17 September 1992. So basically we have gone beyond by a year. As a result,
18 the imprisonment, torture, other inhumane acts, and cruel treatment
19 between September 1992 and September 1993 are now added in the modified
20 amended indictment and constitute, according to the Trial Chamber, new
21 charges. And it's because of that that you will be asked to enter a new
22 plea with regard to these new charges. The amendments -- the substance of
23 the amendments and the details are contained in paragraph 28, which will
24 be read out in full to you.
25 Then there is also a very important amendment to the modified
1 amended -- contained in the modified amended indictment which I hinted at
2 during the last Status Conference we had last week. And as you would have
3 already known, upon reading now the paragraphs 5, 11, 15, 17, I and K, and
4 31 to 33 of the modified amended indictment, the Prosecution now
5 additionally alleges that the term "committed," which is a purely legal
6 term, includes your physical commission of persecutions, deportation, and
7 inhumane acts consisting in forcible transfer through your public speeches
8 which are described and alleged to be in terms of the modified amended
9 indictment as "hate speeches." The Prosecution alleges that you
10 physically committed persecutions through your speeches in Vukovar, in
11 Mali Zvornik, in Hrtkovci, and deportation and inhumane acts consisting of
12 forcible transfer in your speech in Hrtkovci on the 6th of May, 1992.
13 According to the Prosecution, although your speeches are vaguely referred
14 to in -- not according to the Prosecution -- although your speeches were
15 vaguely referred to in the context of joint criminal enterprise and
16 instigation in the initial indictment, your conduct relating to your
17 speeches are now newly and more detailedly mentioned as constituting your
18 physical commission of the -- of the crimes brought forward in Counts 10,
19 11 -- Counts 10 and 11 of the indictment.
20 I've tried to explain all the new charges as they are reflected
21 throughout the -- all the counts of the modified amended indictment, and I
22 now ask Mr. Registrar, who is busy on the phone -- Mr. Registrar, we now
23 need to read out the modified amended indictment, start from the very
24 beginning, and you also need to read out slowly, when you come to it, the
25 various -- yes, to read out the annexes, et cetera. In order to make
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 things more practical, I will resort to the same practice that was adopted
2 by my predecessor, Judge Schomburg, during the first initial appearance.
3 The annexes will be read out, but the stenographers, instead of having to
4 type out all the individual names on the transcript, also to avoid the
5 usual mistakes in typing out these names, you will just enter as we go
6 along, please refer to annex 1, annex 2, et cetera, and these will be
7 annexed to the transcript for future reference. All right. Thank you.
8 So I will be following you in English, and the accused will be
9 following you in Serbian while you read in French.
10 Mr. Registrar.
11 THE REGISTRAR: [Interpretation] Thank you, Your Honour.
12 Modified Amended Indictment.
13 The Prosecutor versus Vojislav Seselj, 12 July 2005
14 The Prosecutor of the International Criminal Tribunal for the
15 former Yugoslavia, pursuant to her authority under Article 18 of the
16 Statute of the International Criminal Tribunal for the former Yugoslavia,
17 the Statute of the Tribunal charges Vojislav Seselj with crimes against
18 humanity and violation of the laws or customs of war as set forth below:
19 The accused, Vojislav Seselj, son of Nikola Seselj, was born on
20 11 October, 1954 in Sarajevo, Republic of Bosnia and Herzegovina,
21 hereafter Bosnia-Herzegovina. He is a graduate of the faculty of law,
22 Sarajevo university. He holds a bachelor's degree, a master's degree and
23 doctorate obtained in 1976, 1978, and 1979 respectively. From 1981 to
24 1984 he worked as an assistant professor lecturing on political science at
25 Sarajevo university.
1 2. Although he was originally a communist, Vojislav Seselj
2 eventually became critical of the communist regime in the former
3 Yugoslavia, and in the early 1980s he was developed close relations with a
4 group of Serbian nationalists. In 1984 he was convicted of
5 counter-revolutionary activities and sentenced to eight years of
6 imprisonment. Upon the commutation of the sentence by the Supreme Court
7 of Socialist Federal Republic of Yugoslavia ("SFRY") he was released in
9 3. After his release Vojislav Seselj settled down in Belgrade and
10 continued to engage in nationalistic politics. In 1989 he travelled to
11 the USA and met the chairman of the Movement of Chetniks in the Free
12 World, Momcilo Djujic, who on the day of the 600th anniversary of the
13 battle of Kosovo - 28 June 1989 - appointed him as Chetnik "Vojvoda,"
14 meaning Duke or leader. Following this appointment, Vojislav Seselj
15 travelled in the USA, Canada, Australia, and western Europe collecting
16 funds to support his nationalistic activities. On 23 January 1990,
17 Vojislav Seselj became the leader of the Serbian Freedom Movement, and on
18 14 March 1990 formed an alliance with the Vuk Draskovic, another Serbian
19 nationalist, and started the Serbian Renewal Movement ("SPO").
20 4. In June 1990, Vojislav Seselj founded the Serbian National
21 Renewal Party, subsequently renamed the Serbian Chetnik Movement. In the
22 elections of December 1990, his party received almost 100.000 votes.
23 Shortly thereafter, the authorities of the SFRY banned the Serbian Chetnik
24 Movement. On 23 February 1991 Vojislav Seselj was appointed president of
25 the newly founded Serbian Radical Party ("SRS"). In June 1991, he was
1 elected a member of the Assembly of the Republic of Serbia. In almost
2 daily rallies and election campaigns, he called for Serb unity and war
3 against Serbia's historic enemies, namely the ethnic Croat, Muslim, and
4 Albanian populations within the territories of the former Yugoslavia.
5 Additional relevant historical and political facts are set out in annex 1
6 to this indictment.
7 Individual Criminal Responsibility
8 Article 7(1) of the Statute of the Tribunal
9 5. Vojislav Seselj is individually criminally responsible for the
10 crimes referred to in Articles 3 and 5 of the Statute of the Tribunal as
11 described in this indictment, which he planned, ordered, instigated,
12 committed or in whose planning preparation, or execution he otherwise
13 aided and abetted. By using the word "committed" in this indictment, the
14 Prosecutor does not intend to suggest that the accused physically
15 committed all of the crimes charged personally. Physical commitment is
16 pleaded only in relation to the charges of persecutions, (Count 1), by the
17 direct and public ethnic denigration (paragraphs 15 and 17(k)) with
18 respect to the accused's speeches in Vukovar, Mali Zvornik, and Hrtkovci,
19 and by deportation and forcible transfer, (paragraph 15 and 17(i)), with
20 respect to the accused's speech in Hrtkovci, and in relation to the
21 charges of deportation and inhumane acts, (forcible transfer) (Counts
22 10- 11, paragraphs 31-33), with respect to the accused's speeches in
23 Hrtkovci. "Committed" in this indictment includes the participation of
24 Vojislav Seselj in a joint criminal enterprise as a co-perpetrator. By
25 using the word "instigated," the Prosecution charges that the accused
1 Vojislav Seselj's speeches, communications, acts and/or omissions
2 contributed to the perpetrators' decision to commit the crimes alleged.
3 6. Vojislav Seselj participated in a joint criminal enterprise.
4 The purpose of this joint criminal enterprise was the permanent forcible
5 removal, through the commission of crimes in violations of Articles 3
6 and 5 of the Statute of the Tribunal, of a majority of the Croat, Muslim,
7 and other non-Serb populations from approximately one-third of the
8 territory of the Republic of Croatia, (hereafter "Croatia"), and large
9 parts of Bosnia and Herzegovina, and from parts of Vojvodina, in the
10 Republic of Serbia, (hereafter "Serbia"), in order to make these areas
11 part of a new Serb-dominated state. With respect to Croatia, the areas
12 included those regions that were referred to by Serb authorities as the
13 ""SAO Krajina"" (i.e, the Serb Autonomous Region of Krajina), the "SAO
14 Western Slavonia," and the "SAO Slavonia, Baranja and Western Srem."
15 (After 19 December 1991, the "SAO Krajina" became known as the RSK,
16 ("Republic of the Serbian Krajina"); on 26 February 1992, the "SAO Western
17 Slavonia" and the "SAO Slavonia, Baranja and Western Srem" joined the
18 RSK), as well as the "Dubrovnik Republic/Dubrovacka Republika." With
19 respect to Bosnia and Herzegovina, the areas included Bosanki Samac,
20 Zvornik, five municipalities collectively known as "Greater Sarajevo,"
21 (Ilijas, Vogosca, Novo Sarajevo, Ilidza, and Rajlovac), Bijeljina, Mostar,
22 Nevesinje, and Brcko.
23 7. The crimes enumerated in this indictment were within the
24 object of the joint criminal enterprise and Vojislav Seselj had the
25 knowledge and intention necessary for the commission of each of the
1 crimes. Alternatively, the crimes enumerated in Counts 1 to 9 and 12
2 to 14 of the indictment were the natural and foreseeable consequences of
3 the execution of the object of the joint criminal enterprise, and Vojislav
4 Seselj was aware that the such crimes were the possible outcome of the
5 execution of the joint criminal enterprise.
6 8. The aforesaid joint criminal enterprise came into existence
7 before 1 August 1991 and continued at least until December 1995. Vojislav
8 Seselj participated in the joint criminal enterprise until September 1993
9 when he had a conflict with Slobodan Milosevic. Vojislav Seselj worked in
10 concert with several individuals in the joint criminal enterprise to
11 succeed in its objective. Each participant or co-perpetrator within the
12 joint criminal enterprise played his or her roles that significantly
13 contributed to the objective of the enterprise. Other individuals
14 participating in this joint criminal enterprise included Slobodan
15 Milosevic, General Veljko Kadijevic, General Blagoje Adzic, Colonel Ratko
16 Mladic, Jovica Stanisic, Franko Simatovic, also known as "Frenki," Radovan
17 Stojcic, also known as "Badza," Milan Martic, Goran Hadzic, Radovan
18 Karadzic, Momcilo Krajisnik, Biljana Plavsic, Zeljko Raznatovic, also
19 known as "Arkan," and other members of the Yugoslav People's Army ("JNA"),
20 later the Yugoslav army ("VJ"), the newly formed Serb Territorial Defence
21 ("TO") of Croatia and of Bosnia and Herzegovina, the army of Republika
22 Srpska Krajina ("SVK") and the army of the Republika Srpska ("VRS"), and
23 the TOs of Serbia and of Montenegro, local Serb, Republic of Serbia,
24 Republika Srpska police forces ("MUP forces"), including the State
25 Security branch/Drzavna bezbednost ("DB"), Branch of the Ministry of
1 Interior of the Republic of Serbia, and Serb special police forces of the
2 "SAO Krajina" and the RSK, commonly referred to as "Martic's Police,"
3 "SAO Krajina police" or "SAO Krajina Milicija," (hereinafter "Martic
4 Police") and members of Serbian, Montenegrin, Bosnian and Croatian Serb
5 paramilitary forces and volunteer units, including "Chetniks" or
6 "Seseljevci," (translated into English as ""Seselj's men"")
7 (collectively "Serb forces"), and other political figures from the (S)FRY,
8 the Republic of Serbia, the Republic of Montenegro, and the Bosnian and
9 Croatian Serb leadership.
10 9. Vojislav Seselj, as President of the SRS, was a prominent
11 political figure in the SFRY/FRY in the time period relevant to this
12 indictment. He propagated a policy of uniting "all Serbian lands" in a
13 homogenous Serbian state. He defined the so-called
14 Karlobag-Ogulin-Karlovac-Virovitca line as the western border of this new
15 Serbian state (which he called the "Greater Serbia") which included
16 Serbia, Montenegro, Macedonia, and considerable parts of Croatia and
17 Bosnia and Herzegovina.
18 10. Vojislav Seselj, acting alone and in concert with other
19 members of the joint criminal enterprise, participated in the joint
20 criminal enterprise in the following ways:
21 (a) He participated in the recruitment, formation, financing,
22 supply, support, and direction of Serbian volunteers connected to the SRS,
23 commonly known as "Chetniks" or "Seseljevci." These volunteer units were
24 created and supported to assist in the execution of the joint criminal
25 enterprise through the commission of crimes in violation of Articles 3
1 and 5 of the Statute of the Tribunal.
2 (b) He made inflammatory speeches in the media, during public
3 events, and during visits to the volunteer units and other Serb forces in
4 Croatia and Bosnia and Herzegovina, instigating those forces to commit
5 crimes in violations of Articles 3 and 5 of the Statute of the Tribunal.
6 (c) He espoused and encouraged the creation of a
7 homogenous "Greater Serbia," encompassing the territories specified in
8 this indictment, by violence, and thereby participated in war propaganda
9 and incitement of hatred towards non-Serb people.
10 (d) In public speeches he called for the expulsion of Croat
11 civilians from parts of the Vojvodina region in Serbia and thus instigated
12 his followers and the local authorities to engage in a persecution
13 campaign against the local Croat population.
14 (e) He participated in the planning and the preparation of the
15 takeover of towns and villages in two SAOs in Croatia and in the
16 municipalities of Bosanski Samac, Zvornik, "Greater Sarajevo," Bijeljina,
17 Mostar, Nevesinje, and Brcko in Bosnia and Herzegovina and the subsequent
18 forcible removal of the majority of the non-Serb population from these
20 (f) He participated in the provision of financial, material,
21 logistical, and political support necessary for such takeovers. He
22 obtained this support, with the help of Slobodan Milosevic, from the
23 Serbian authorities and from Serbs living abroad where he collected funds
24 to support the aim of the joint criminal enterprise.
25 (g) He recruited Serbian volunteers connected to the SRS and
1 indoctrinated them with his extreme ethnic rhetoric so that they engaged
2 in the forcible removal of the non-Serb population in the targeted
3 territories through the commission of crimes as specified in this
4 indictment with particular violence and brutality.
5 11. Vojislav Seselj knowingly and willfully participated in the
6 joint criminal enterprise, sharing the intent of other participants in the
7 joint criminal enterprise or being aware of the foreseeable consequences
8 of their actions. On this basis, he bears individual criminal
9 responsibility for the crimes under Article 7(1) of the Statute of the
10 Tribunal, in addition to his responsibility under the same Article for
11 having planned, ordered, instigated, physically committed, or otherwise
12 aided and abetted in the planning, preparation, and execution of those
14 General Legal Allegations
15 12. At all times relevant to this indictment, a state of armed
16 conflict existed in Croatia and Bosnia and Herzegovina. A nexus existed
17 between this state of armed conflict and the alleged crimes in Croatia,
18 Bosnia and Herzegovina, and parts of Vojvodina, Serbia.
19 13. At all times relevant to this indictment, Vojislav Seselj was
20 required to abide by the laws and customs governing the conduct of armed
22 Conduct charged as crimes against humanity was part of a
23 widespread or systematic attack directed against the Croat, Muslim, and
24 other non-Serb civilian populations within large areas in Croatia, Bosnia
25 and Herzegovina, and Vojvodina, Serbia.
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 The Charges
2 Count 1 (Persecutions)
3 15. From on or about 1 August 1991 until at least September 1993,
4 Vojislav Seselj, acting individually or in concert with the known and
5 unknown members of the joint criminal enterprise, planned, ordered,
6 instigated, committed, or otherwise aided and abetted in the planning,
7 preparation, or execution of persecutions of Croat, Muslim, and other
8 non-Serb civilian populations in the territories of SAO Western Slavonia
9 and the SAO SBWS (Slavonia, Baranja, and Western Srem), and in the
10 municipalities of Bosanski Samac, Zvornik, "Greater Sarajevo," Bijeljina,
11 Mostar, Nevesinje, and Brcko in Bosnia and Herzegovina and parts of
12 Vojvodina in Serbia.
13 16. Throughout this period, Serb forces, comprising JNA (and
14 subsequently the VJ) units, local Serb TO units (which were subsequently
15 transformed into the army of the RSK ("SVK") and the army of the Republika
16 Srpska ("VRS")), and TO units from Serbia and Montenegro, local Serb and
17 Republic of Serbia MUP police units and volunteer and paramilitary units,
18 including the volunteers recruited and/or instigated by Vojislav Seselj,
19 attacked and took control of towns and villages in these territories.
20 After the takeover, these Serb forces, in cooperation with the local Serb
21 authorities, established a regime of persecutions designed to drive the
22 non-Serb civilian population from these territories.
23 17. These persecutions were committed on political, racial, and
24 religious grounds and included:
25 (a) The extermination or murder of many Croat, Muslim, and other
1 non-Serbian civilians, including women, children, and elderly persons, in
2 the municipality of Vukovar and the villages of Vocin, Hum, Bokane, and
3 Kraskovic in Croatia, in the municipalities of Bosanski Samac, Zvornik,
4 "Greater Sarajevo," Bijeljina, Mostar, Nevesinje in Bosnia and
5 Herzegovina, as described in detail in paragraphs 18 to 27.
6 (b) The prolonged and routine imprisonment and confinement of
7 Croat, Muslim, and other non-Serb civilians in the detention facilities
8 within Croatia and Bosnia and Herzegovina, including prison camps of
9 Vukovar, in and near Vocin, and in Bosanski Samac, Zvornik, "Greater
10 Sarajevo," Bijeljina, Mostar, Nevesinje, and Brcko as described in detail
11 in paragraphs 28 to 30.
12 (c) The establishment and perpetuation of inhumane living
13 conditions for Croat, Muslim, and other non-Serb civilian detainees within
14 the detention facilities referred to.
15 (d) The repeated torture, beatings, and killings of Croat, Muslim,
16 and other non-Serb civilian detainees in the said detention facilities.
17 (e) The prolonged and frequent forced labour of Croat, Muslims and
18 other non-Serb civilians detained in the said detention facilities --
19 JUDGE AGIUS: I think you skipped from (b) to (e).
20 THE INTERPRETER: Microphone, Your Honour, please.
21 JUDGE AGIUS: I think you skipped from (b) to (e). Could you read
22 out again, please, (b), and then (c), and then (d) -- actually, you
23 read -- I think you skipped (c) and parts of (b) and you went straight
24 to -- you skipped (d) -- or you read (d) and then you went to (e). So I
25 would suggest that you read again B, please, and continue right through
1 (e) and then continue further. "Prolonged and routine imprisonment,"
2 (b). Paragraph (b) of paragraph 17.
3 THE REGISTRAR: [Interpretation] Yes, I will start at letter (b).
4 The prolonged and routine imprisonment and confinement of Croats,
5 Muslim, and other non-Serb civilians in the detention facilities within
6 Croatia and Bosnia and Herzegovina, including prison camps in Vukovar, in
7 and near Vocin, and in Bosanski Samac, Zvornik, "Greater Sarajevo,"
8 Bijeljina, Mostar, Nevesinje, and Brcko, as described in detail in
9 paragraphs 28 to 30.
10 (c) The establishment and perpetuation of inhumane living
11 conditions for Croat, Muslim, and other non-Serb civilian detainees within
12 the detention facilities referred to.
13 (d) The repeated torture, beatings, and killings of Croat, Muslim,
14 and other non-Serb civilian detainees in the said detention facilities.
15 (e) The prolonged and frequent forced labour of Croat, Muslim, and
16 other non-Serb civilians detained in the said detention facilities or
17 under house arrest in their respective homes in Vukovar, Vocin,
18 Bosanski Samac, Zvornik, "Greater Sarajevo," Bijeljina, Mostar, and Brcko.
19 The forced labour included digging of graves, loading of ammunition for
20 the Serb forces, digging of trenches, and other forms of manual labour at
21 the front lines.
22 (f) The sexual assaults of Croat, Muslim, and other non-Serb
23 civilians by Serb soldiers during capture and in the detention facilities.
24 (g) The imposing of restrictive and discriminatory measures
25 against the Croat, Muslim, and other non-Serb civilian populations,
1 including persons in Vocin, Croatia, and Bosanski Samac, Zvornik, "Greater
2 Sarajevo," Bijeljina, Mostar, and Nevesinje in Bosnia and Herzegovina, and
3 in parts of Vojvodina, Serbia, such as restriction of movement; removal
4 from positions of authority in local government institutions and the
5 police; dismissal from jobs; denial of medical care; and arbitrary
6 searches of homes.
7 (h) The torture, beating, and robbing of Croat, Muslim, and other
8 non-Serb civilians.
9 (i) The deportation or forcible transfer of tens of thousands of
10 Croat, Muslim, and other non-Serb civilians, from the territories as
11 specified above, and from parts of Vojvodina, Serbia, as described in
12 detail in paragraphs 31 to 33.
13 (j) The deliberate destruction of homes, other public and private
14 property, cultural institutions, historic monuments and sacred sites of
15 the Croat, Muslim, and other non-Serb civilian populations in the
16 municipality of Vukovar and in Vocin, in Croatia, and in the
17 municipalities of Bosanski Samac, Zvornik, "Greater Sarajevo," Bijeljina,
18 Mostar, and Nevesinje in Bosnia and Herzegovina as described in detail in
19 paragraph 34.
20 (k) The direct and public denigration through "hate speech" of the
21 Croat, Muslim, and other non-Serb populations in Vukovar, Zvornik, and
22 Hrtkovci on the basis of their ethnicities.
23 By his participation in these acts, Vojislav Seselj committed:
24 Count 1: Persecutions on political, racial or religious grounds,
25 a crime against humanity, punishable under Articles 5(h) and 7(1) of the
1 Statute of the Tribunal.
2 Counts 2 to 4 (extermination and murder)
3 Paragraph 18 of the indictment: From on or about 1 August 1991
4 until June 1992 in the territory of the SAO SBWS in Vukovar and the SAO of
5 Western Slavonia in Vocin, from on or about 1 March 1992 until at least
6 September 1993, in the municipalities of Bosanski Samac, Zvornik, "Greater
7 Sarajevo," Bijeljina, Mostar, and Nevesinje in Bosnia and Herzegovina,
8 Vojislav Seselj, acting individually or in concert with other known or
9 unknown members of a joint criminal enterprise, planned, ordered,
10 instigated, committed, or otherwise aided and abetted in the planning,
11 preparation, or execution of the extermination and murder of Croat,
12 Muslim, and other non-Serb civilians as specified in paragraphs 19 to 27
13 of this indictment.
15 SAO Western Slavonia.
16 Paragraph 19 of the indictment: Beginning in August 1991, Serb
17 forces, including the volunteer units known as ""Seselj's men,"" were in
18 control of Vocin. In November 1991 Vojislav Seselj visited Vocin and
19 addressed the volunteers. Incited by Vojislav Seselj's speeches, the
20 volunteer units, in particular ""Seselj's men,"" started burning houses
21 of Croat citizens and killing Croat civilians in the villages of Vocin,
22 Hum, Bokane, and Kraskovic until their withdrawal from the region on
23 13 December 1991. They went from house to house and killed whomever they
24 found, in total 43 civilians. Some of those who hid survived. The names
25 of the victims are set out in Annex II attached to this indictment.
1 SAO SBWS-Vukovar
2 20. In November 1991, while Serb forces fought to take over
3 Vukovar, Vojislav Seselj visited the town and publicly pronounced "not one
4 Ustasha must leave Vukovar alive," thus instigating the killing of Croats.
5 On or about 20 November 1991, as part of the overall persecution campaign,
6 Serb military forces, including members of the JNA and TO and volunteer
7 and paramilitary forces under the command, control, or influence of the
8 JNA, the TO SBWS and other participants of the joint criminal enterprise,
9 including volunteers recruited and/or incited by Vojislav Seselj, removed
10 approximately 400 Croats and other non-Serbs from Vukovar Hospital in the
11 aftermath of the Serb takeover of the city. Approximately 300 of these
12 non-Serb forces were transported to the JNA barracks and then to the
13 Ovcara farm located about five kilometres south of Vukovar.
14 There, members of the Serb forces beat and tortured the victims for hours.
15 During the evening of 20 November 1991, the soldiers transported the
16 victims in groups of 10-20 to a remote execution site between the Ovcara
17 farm and Grabovo, where they shot and killed approximately 255 non-Serbs
18 from Vukovar hospital. Their bodies were buried in a mass grave. The
19 names of the murder victims are set out in Annex III attached to this
21 21. After Serb forces took control of Vukovar on 18 November
22 1991, over 1.000 civilians gathered at the Velepromet facility. Some were
23 compelled to go there by Serb forces and others went voluntarily seeking
24 protection. By 19 November 1991, approximately 2.000 people were gathered
25 inside the Velepromet facility. The JNA considered about 800 of these
1 persons to be prisoners of war. By the evening of 19 November 1991,
2 shortly after the JNA began to transfer the alleged prisoners of war to
3 their Sremska Mitrovica detention facility in Serbia, Serb forces,
4 including volunteers recruited and/or incited by Vojislav Seselj,
5 separated a number of individuals from the alleged group of prisoners of
6 war. They took these selected individuals out of the Velepromet facility
7 and killed them. The bodies of some of those killed were transported to
8 the Ovcara farm and buried there in the mass grave, while the bodies of
9 six other victims were left lying on the ground behind the Velepromet
10 facility. The names of these six victims are set out in Annex IV attached
11 to this indictment.
12 Bosnia and Herzegovina, Zvornik
13 22. In March 1992, Vojislav Seselj gave a speech at a rally in
14 Mali Zvornik located across the Drina river from Zvornik. Vojislav Seselj
15 said: "Dear Chetnik brothers, especially you across the Drina river, you
16 are the bravest ones. We are going to clean Bosnia of pagans and show
17 them a road which will take them to the east, where they belong," thus
18 instigating the persecution of non-Serbs in Zvornik. In April 1992, Serb
19 forces, including volunteers known as "Seselj's men" and "Arkan's tigers,"
20 attacked and took control of the town of Zvornik and surrounding villages.
21 During the attack, Serb forces killed many non-Serb civilians. On or
22 about 9 April 1992, members of Arkan's unit executed 20 Bosnian Muslim and
23 Croat men and boys in Zvornik town. Following the takeover, non-Serbs
24 were routinely detained, beaten, tortured, and killed. Hundreds of
25 non-Serb civilians were detained in or near Zvornik from April to July
1 1992 in the Standard shoe factory, the Ciglana factory, the Ekonomija
2 farm, the Drinjaca Dom Kulture, and the Celopek Dom Kulture. On or about
3 12 May 1992, at the Ekonomija farm, Serb forces, including the leader of a
4 group of "Seselj's men," beat to death a detainee named Nesib Dautovic.
5 In June or July 1992, Serb forces, including volunteers known as "Seselj's
6 men," killed a non-Serb male detained at the Ciglana factory. Between 30
7 and 31 May 1992, Serb forces, including a group of "Seselj's men,"
8 tortured and killed 88 Bosnian Muslim males at Drinjaca Dom Kulture.
9 Between 1 and 5 June 1992, Serb forces killed more than 150 Bosnian Muslim
10 males at Karakaj technical school. Between 7 and 9 June 1992, Serb forces
11 killed more than 150 detainees at Gero's slaughterhouse. Serb forces
12 killed more than 40 non-Serb male detainees between 1st and 26 June 1992
13 at Celopek Dom Kulture. The names of the identified victims at the
14 Ciglana factory, Drinjaca Dom Kulture, Karakaj technical school, Gero's
15 slaughterhouse, and Celopek Dom Kulture are set out in Annex V to this
17 Bosanksi Samac
18 23. In April 1992, Serb forces, including volunteers known as
19 "Seselj's men," attacked and took control of the town of Bosanksi Samac
20 and surrounding villages. Following the takeover, hundreds of non-Serbs
21 were routinely detained, beaten, and tortured in the police headquarters
22 building ("SUP"), the Territorial Defence building ("TO"), the primary and
23 secondary schools, as well as the warehouse of the agricultural
24 co-operative located in Crkvina, to the south-west of the town of Bosanski
25 Samac, and dozens were killed. On or about 7 May 1992, two leaders of a
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 unit of "Seselj's men" shot and killed 18 men and boys in the warehouse of
2 the agricultural co-operative in Crkvina. The names of the victims at
3 Crkvina are set out in Annex VI to this indictment.
4 "Greater Sarajevo"
5 24. Beginning in April 1992, Serb forces, including volunteers
6 known as "Seselj's men," attacked and took control of towns and villages
7 in the area of "Greater Sarajevo," including the town of Ilijas, and the
8 village of Ljesevo in Ilijas municipality, the village of Svrake in
9 Vogosca municipality, and the neighbourhood of Grbavica in Novo Sarajevo
10 municipality. Following the takeover, non-Serbs were routinely detained,
11 beaten, tortured, and killed. On or about 5 June 1992, members of a unit
12 of "Seselj's men" killed 22 non-Serb civilians in the village of Ljesevo.
13 During the summer of 1993, members of a unit of "Seselj's men" cut off the
14 head of a civilian and killed four prisoners of war in the area of
15 Crna Rijeka in Ilijas municipality. In the summer of 1993, members of a
16 unit of "Seselj's men" killed 25 non-Serb men who were being used as human
17 shields and two non-Serb men who refused to act as human shields at Zuc in
18 Vogosca municipality. On 17 July 1993, members of a unit of "Seselj's
19 men" on Mount Igman in Ilidza municipality killed two prisoners of war
20 named Zivko Krajisnik and Rusmir Hamalukic. The names of identified
21 victims of murder/extermination at Ljesevo and Zuc are set out in Annex VI
22 to this indictment.
24 25. In March 1992, Vojislav Seselj visited members of the Serbian
25 Radical Party in the town of Bijeljina to plan the Serb takeover of the
1 Bijeljina municipality and the subsequent persecution campaign of
2 non-Serbs. On 31 March 1992, Serb forces, including volunteers known as
3 "Seselj's men," attacked and took control of the town of Bijeljina and
4 villages in the municipality of Bijeljina. During the takeover of the
5 town of Bijeljina, Serb forces, including volunteers known as "Seselj's
6 men," executed six civilians. After the takeover, non-Serbs were
7 routinely detained, beaten, sexually assaulted, tortured and killed.
8 Between April 1992 and September 1993, hundreds of non-Serbs were detained
9 in the SUP building in the town of Bijeljina and in Batkovic camp near the
10 town of Bijeljina. Up to one hundred detainees died as the result of
11 mistreatment and inhumane conditions at the Batkovic camp. The names of
12 the identified victims of murder/extermination at Bijeljina and the
13 Batkovic camp are set out in Annex VIII to this indictment.
15 26. Between April 1992 and June 1992, Serb forces, including
16 volunteers known as "Seselj's men," attacked and took control of the town
17 of Mostar and surrounding villages. Following the attack, non-Serbs were
18 routinely detained, beaten, tortured, and killed. On or about 13 June
19 1992 Serb forces, including volunteers known as "Seselj's men," arrested
20 and transported 88 non-Serb civilians from the neighbourhood of Zalik and
21 from the villages of Potoci, Kuti Livac, Vrapcici, and other nearby
22 villages to Vrapcici football stadium, detained them in the locker rooms
23 and subsequently killed them. The bodies of these non-Serbs were found in
24 the dump in Uborak. Additionally, on or about 13 June 1992, 18 non-Serb
25 civilians from Zalik were arrested and transported to the city mortuary in
1 Sutina. They were subsequently killed in Sutina in the vicinity of the
2 city mortuary and dumped near the Neretva river in a pit. "Seselj's men"
3 participated in detention and killings. The names of identified victims
4 of murder/extermination at Uborak and Sutina are set out in Annex IX to
5 this indictment.
7 27. In June 1992, Serb forces, including volunteers known as
8 "Seselj's men," took control of the town of Nevesinje and attacked Muslim
9 villages in the municipality. During this time, non-Serbs were routinely
10 detained, beaten, tortured, and killed. On or about 22 June 1992, 76
11 Muslim civilians were arrested in the woods in the area of Velez by Serb
12 forces, including volunteers known as "Seselj's men," and taken to the
13 primary school of the village of Dnopolje in Zijemlje valley. The men
14 were separated from the women and children. The men were killed. Their
15 bodies were found in a place known as Teleca Lastva. The women and
16 children were transported to and detained in the heating factory of
17 Kilavci, Nevesinje municipality. 44 of them were killed at the dump pit
18 at Lipovaca. "Seselj's men" participated in the detention and killing.
19 Five of the women from the heating factory were further detained at the
20 resort at Boracko Jezero, part of the Konjic municipality, used by the
21 Serb forces, including "Seselj's men," as a military post. Two of the
22 five women detained at that location, Fadila and Mirsada Mahinic, were
23 subsequently killed. On or about 26 June 1992, 11 Muslim civilians from
24 the areas of Hrusta and Kljuna were arrested in Teleca Lastva. They were
25 detained and tortured in the primary school in Zijemlje. Seven were taken
1 away and subsequently killed. Their bodies were found in a pit in
2 Zijemlje. "Seselj's men" participated in these killings. Also in June
3 1992, Serb forces, including "Seselj's men," arrested and detained 20
4 Muslim civilians from Lakat at the resort of Boracko Jezero and
5 subsequently killed 19 of them on the mountain of Borasnica in Nevesinje
6 municipality. The names of identified victims of murder/extermination at
7 the Lipovaca pit and Mount Borasnica, as well as the names of identified
8 victims of murder/extermination whose bodies were found at Teleca Lastva
9 and the pit at Zijemlje, are set out in Annex X to this indictment.
10 By his participation in these acts, Vojislav Seselj committed:
11 Count 2: Extermination, a crime against humanity punishable under
12 Articles 5(b) and 7(1) of the Statute of the Tribunal.
13 Count 3: Murder, a crime against humanity, punishable under
14 Articles 5(a) and 7(1) of the Statue of the Tribunal.
15 Count 4: Murder, a violation of the laws or customs of war, as
16 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
17 punishable under Articles 3 and 7(1) of the Statute of the Tribunal.
18 Counts 5 to 9: Imprisonment, Torture, Other Inhumane Acts and
19 Cruel Treatment
20 28. From August 1991 until September 1993, Vojislav Seselj,
21 acting individually or in concert with other known and unknown members of
22 a joint criminal enterprise, planned, ordered, instigated, committed or
23 otherwise aided and abetted in the planning, preparation or execution of
24 the imprisonment under inhumane conditions of Muslim, Croat and other
25 non-Serb civilians in the territories listed above.
1 29. Serb military forces, comprising JNA (and subsequently the
2 VJ), Croatian and Bosnian Serb TO units (which were subsequently
3 transformed into the army of the RSK ("SVK") and the Army of
4 Republika Srpska, ("VRS"), volunteer and paramilitary units, including
5 those volunteer units recruited and/or incited by Vojislav Seselj, acting
6 in cooperation with local police staff and local Serb authorities,
7 captured and detained hundreds of Croat, Muslim, and other non-Serb
8 civilians. They were they were detained in the following short and
9 long-term detention facilities:
10 (a) The Velepromet warehouse, Vukovar, SAO SBWS, November 1991,
11 run by JNA, approximately 1200 detainees.
12 (b) The Ovcara farm, near Vukovar, SAO SBWS, November 1991, run by
13 the JNA. Approximately 300 detainees.
14 (c) The basement of the bank building in Vocin in October 1991,
15 several detainees.
16 (d) the Lager Sekulinci near Vocin in August 1991, three
18 (e) The Standard shoe factory, the Ciglana factory, the Ekonomija
19 farm, the Drinjaca Dom Kulture, the Karakaj technical school, Gero's
20 slaughterhouse, and the Celopek Dom Kulture in Zvornik, Bosnia and
21 Herzegovina, hundreds of detainees, between April and July 1992.
22 (f) The police headquarters building, SUP, the Territorial Defence
23 building, TO, the primary and secondary schools in Bosanski Samac, and the
24 warehouse in the agricultural co-operative in Crkvina near Bosanski Samac
25 in Bosnia and Herzegovina, between April and September 1992, hundreds of
2 (g) The Iskra warehouse in the village of Podlugovi, Ilijas
3 municipality, Planje's house in the village of Svrake, Vogosca
4 municipality, Sonia's house in Vogosca municipality, the barracks of
5 Semizovac village, Vogosca municipality, and the tire repair garage at the
6 Vogosca crossroad in the Vogosca municipality between April 1992 and
7 September 1993, dozens of detainees.
8 (h) The SUP building in the town of Bijeljina and the Batkovic
9 detention camp near the town of Bijeljina, between April 1992 and
10 September 1993, hundreds of detainees.
11 (i) The Luka camp in the municipality of Brcko between May and
12 July 1992, hundreds of detainees.
13 (j) The city mortuary in Sutina, Mostar, and the stadium at
14 Vrapcici, Mostar, during June 1992, more than one hundred detainees.
15 (k) The basement of the heating factory in Kilavci, Nevesinje, the
16 resort at Boracko Jezero, Nevesinje, the primary school in Zijemlje,
17 Nevesinje, and the SUP building in Nevesinje, during June 1992, more than
18 one hundred detainees.
19 30. The living continues in these detention facilities were
20 brutal characterised by inhumane treatment, overcrowding, starvation,
21 forced labour, inadequate medical care, and systematic physical and
22 psychological assault, including torture, beatings, and sexual assault.
23 By his participation in these acts, Vojislav Seselj committed:
24 Count 5: Imprisonment, a crime against humanity, punishable under
25 Articles 5(e) and 7(1) of the Statute of the Tribunal.
1 Count 6: Torture, a crime against humanity, punishable under
2 Articles 5(f) and 7(1) of the Statute of the Tribunal.
3 Count 7: Inhumane acts, a crime against humanity, punishable
4 under Article 5(i) and 7(1) of the Statute of the Tribunal.
5 Count 8: Torture, a violation of the laws or customs of war as
6 recognised by the common Article 3(1)(a) of the Geneva Conventions of
7 1949, punishable under Articles 3 and 7(1) of the Statute of the Tribunal.
8 Count 9: Cruel treatment, a violation of the laws or customs of
9 war, as recognised by common Article 3(1)(a) of the Geneva Conventions of
10 1949, punishable under Articles 3 and 7(1) of the Statute of the Tribunal.
11 Counts 10 to 11.
12 Deportation, Forcible Transfer
13 31. From on or about 1 August 1991 until May 1992 in the SAOs in
14 Croatia and the RSK, from on or about 1 March 1992 until at least
15 September 1993 in Bosnia and Herzegovina, and between May and August 1992
16 in parts of Vojvodina, Serbia, Vojislav Seselj, acting individually or in
17 concert with other known and unknown members of the joint criminal
18 enterprise, planned, instigated, committed, or otherwise aided and abetted
19 in the planning, preparation, or execution of the deportation or forcible
20 transfer of the Croat, Muslim, and other non-Serb civilian populations
21 from their legal domiciles in Vukovar (SAO SBWS) in November 1991, and in
22 Vocin (SAO Western Slavonia) in November and December 1991, in the
23 municipality of Zvornik in Bosnia and Herzegovina between March 1992 and
24 September 1993, in the municipality of Bosanski Samac in Bosnia and
25 Herzegovina between April 1992 and September 1993, in Greater Sarajevo in
1 Bosnia and Herzegovina between April 1992 and September 1993, in the
2 municipality of Bijeljina in Bosnia and Herzegovina between March 1992 and
3 September 1993, in the municipality of Nevesinje in Bosnia and
4 Herzegovina between June 1992 and September 1993, and in parts of
5 Vojvodina, Serbia, including the village of Hrtkovci, between May and
6 August 1992.
7 32. In order to achieve this objective, Serb forces comprising
8 the JNA (and subsequently the VJ), local Croatian and Bosnian Serb TO
9 units (which were subsequently transformed into the army of the RSK
10 ("SVK") and the army of the Republika Srpska ("VRS")) and those from the
11 Republic of Serbia and Montenegro, and volunteers and paramilitaries,
12 including the White Eagles and Dusan Silni, as well as volunteers
13 recruited and/or incited by Vojislav Seselj, in cooperation with local and
14 Serbian police units, surrounded Croatian and Bosnian towns and villages
15 and demanded that the inhabitants surrender their weapons, including
16 legally owned hunting rifles. Then, the towns and villages were attacked
17 or otherwise taken over, even those where the inhabitants had compiled
18 with the demands. These attacks were intended to compel the population to
19 flee. After taking control of the towns and villages, the Serb forces
20 sometimes rounded up the remaining Croat, Muslim, and other non-Serb
21 civilian populations and forcibly transported them to locations within
22 Croatia or Bosnia and Herzegovina not controlled by the Serbs but deported
23 them to the locations outside Croatia or Bosnia and Herzegovina, in
24 particular Serbia and Montenegro. On other occasions, Serb forces, in
25 cooperation with the local Serb authorities, imposed restrictive and
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 discriminatory measures on the non-Serb population and engaged in a
2 campaign of terror designed to drive them out of the territory. The
3 majority of the non-Serbs that remained were deported or forcibly
4 transferred from their homes on a later date.
5 33. In May 1992, Vojislav Seselj came to Vojvodina and met with
6 his associates in the SRS. Vojislav Seselj instructed his associates to
7 contact non-Serbs and threaten them with death if they did not leave the
8 area. On 6 May 1992, Vojislav Seselj gave an inflammatory speech in the
9 village of Hrtkovci, in Vojvodina, calling for the expulsion of Croats
10 from the area and reading a list of individual Croat residents who should
11 leave for Croatia. As a result of this speech, a number of Croat
12 residents decided to leave Hrtkovci. After this speech, supporters and
13 associates of the accused, including members of the SRS and the SCP
14 ("Srpski Cetnicki Pokret"/"Serbian Chetnik Movement") began a campaign of
15 ethnic cleansing directed at non-Serbs, particularly Croats, in Hrtkovci.
16 During the next three months, many non-Serbs were harassed, threatened
17 with death and intimidated, forcing them to leave the area. Homes of
18 Croats were looted and occupied by Serbs. Serb families who had been
19 displaced from other parts of the former Yugoslavia often occupied the
20 homes of those non-Serbs who were compelled to leave.
21 By his participation in these acts, Vojislav Seselj committed:
22 Count 10: Deportation, a crime against humanity, punishable under
23 Articles 5(d) and 7(1) of the Statute of the Tribunal.
24 Count 11: Inhumane acts, forcible transfer, a crime against
25 humanity, punishable under Articles 5(i) and 7(1) of the Statute of the
2 Counts 12 to 14
3 Wanton Destruction and Plunder of Public or Private Property
4 34. From on or about 1 August 1991 until May 1992 in the
5 territories of the SAOs in Croatia and the RSK, from on or about 1 March
6 1992 until at least September 1993, in the municipalities of Bosanski
7 Samac, Zvornik, "Greater Sarajevo," Bijeljina, Mostar, and Nevesinje in
8 Bosnia and Herzegovina, Vojislav Seselj, acting individually or in concert
9 with other known unknown members of the joint criminal enterprise,
10 planned, ordered, instigated, committed, or otherwise aided and abetted in
11 the planning, preparation, or execution of the wanton destruction and
12 plunder of public and private property of the Croat, Muslim, and other
13 non-Serb populations, acts which were not justified by military necessity.
14 This intentional and wanton destruction and plunder included the plunder
15 and destruction of homes and religious and cultural buildings, and took
16 place in the following towns and villages:
17 SAO SBWS: Vukovar (hundreds of homes destroyed).
18 SAO Western Slavonia: Vocin and Hum; (dozens of homes and a
19 Catholic church destroyed); and
20 Bosnia and Herzegovina: Bosanski Samac (hundreds of homes and a
21 mosque destroyed), Zvornik (hundreds of homes, four mosques and a
22 religious archive destroyed) Greater Sarajevo (homes, mosques, and a
23 Catholic church destroyed in the municipality of Ilijas; homes, mosques,
24 and a Catholic church destroyed in the municipality of Vogosca); Bijeljina
25 (the Catholic church desecrated and five mosques destroyed in the town of
1 Bijeljina; two mosques destroyed in the village of Janja and four mosques
2 destroyed in other villages); Mostar (hundreds of homes and several
3 mosques destroyed) and Nevesinje (dozens of homes and seven mosques
5 By his participation in these acts, Vojislav Seselj committed:
6 Count 12: Wanton destruction of the villages or devastation not
7 justified by military necessity, a violation of the laws or customs of
8 war, punishable under Articles 3(b) and 7(1) of the Statute of the
10 Count 13: Destruction or willful damage done to the institutions
11 dedicated to religion or education, a violation of the laws or customs of
12 war, punishable under Articles 3(d) and 7(1) of the Statute of the
14 Count 14: Plunder of public or private property, a violation of
15 the laws or customs of war, punishable under Articles 3(e) and 7(1) of the
16 Statute of the Tribunal.
17 JUDGE AGIUS: Okay, Mr. Registrar, to give you and everyone else a
18 break, the Annexes will be read after the break.
19 We will have a 30-minute break.
20 --- Recess taken at 4.27 p.m.
21 --- On resuming at 4.56 p.m.
22 JUDGE AGIUS: Yes, Mr. Registrar, could you proceed, please,
23 starting to read Annex I.
24 THE REGISTRAR: [Interpretation] Yes, Your Honour. I will continue
25 reading the indictment.
1 [Please refer to Annex I of the indictment dated 12 July 2005]
2 JUDGE AGIUS: Yes, now, usher, please procure a copy of the
3 Annexes, starting with Annex II, and as the registrar -- deputy registrar
4 reads, make sure the list appears on the ELMO, and we can go through the
5 list -- through the various Annexes like this. First, Annex II, victims
6 from Vocin and Hum Bokane and Kraskovic, referred to in paragraph 19. And
7 the date that will be applicable for all the names that will be mentioned
8 is December 1991 and the location as indicated in the Annex.
9 Let's proceed.
10 [Please refer to Annex II of the indictment dated 12 July 2005]
11 THE REGISTRAR: [Interpretation] I shall now start reading
12 Annex III.
13 [Please refer to Annex III of the indictment dated 12 July 2005]
14 THE REGISTRAR: [Interpretation] I will now read the Annex IV of
15 the indictment.
16 JUDGE AGIUS: Registrar, as long as the list, this one and the
17 ones that will be following, specifically say "male," you don't need to
18 repeat it after each name. You just state in the beginning "all the
19 following are males" and just proceed with the reading of the names.
20 THE REGISTRAR: [Interpretation] Very well.
21 JUDGE AGIUS: Annex IV.
22 THE REGISTRAR: [Interpretation] I will continue reading Annex IV.
23 [Please refer to Annex IV of the indictment dated 12 July 2005]
24 THE REGISTRAR: [Interpretation] I will continue reading Annex V of
25 the indictment.
1 [Please refer to Annex V of the indictment dated 12 July 2005]
2 THE REGISTRAR: [Interpretation] I will now continue to read
3 Annex VI.
4 [Please refer to Annex VI of the indictment dated 12 July 2005]
5 THE REGISTRAR: [Interpretation] I will now turn to Annex VII of
6 the indictment.
7 [Please refer to Annex VII of the indictment dated 12 July 2005]
8 THE REGISTRAR: [Interpretation] I will now read Annex VIII of the
9 indictment entitled "Victims from Bijeljina."
10 [Please refer to Annex VIII of the indictment dated 12 July 2005]
11 THE REGISTRAR: [Interpretation] Now I will proceed with Annex IX
12 of the indictment entitled "Victims from Mostar."
13 [Please refer to Annex IX of the indictment dated 12 July 2005]
14 THE REGISTRAR: [Interpretation] Now I will commence reading
15 Annex X of the indictment entitled "Victims from Nevesinje."
16 [Please refer to Annex X of the indictment dated 12 July 2005]
17 JUDGE AGIUS: The victims are predominantly female, with a few
18 exceptions, so you will read only when it's male, okay, otherwise the rest
19 are female.
20 THE REGISTRAR: [Interpretation] Very well.
21 [Please refer to Annex X of the indictment dated 12 July 2005]
22 THE REGISTRAR: [Interpretation] We have concluded the reading of
23 the indictment.
24 JUDGE AGIUS: Yes, I thank you, Mr. Registrar.
25 And now we come to the final part, and I will be asking you,
1 Mr. Seselj, whether you are prepared to enter a plea today or whether you
2 wish to postpone entering a plea.
3 THE ACCUSED: [Interpretation] Since I was handed the modified
4 amended indictment today, I have not had an opportunity to consult with my
5 legal advisors. For this reason, I am unable to enter a plea today.
6 However, on the 14th and 15th of October I am to receive a visit from the
7 chief of my expert team, Tomislav Nikolic, and his deputy, Dragan
8 Todorovic. After consulting with them, after the 17th of October, I can
9 be at your disposal any day to enter a plea.
10 JUDGE AGIUS: Yes, fair enough.
11 So, for the record, the accused is not entering -- chooses not to
12 enter a plea today for the reasons specified by him. So this brings to an
13 end today's first part of the further initial appearance. The second part
14 will be convened within the 30-day period. On that occasion, the accused
15 will either enter a plea or the Chamber -- the Trial Chamber will enter a
16 plea on his behalf. All right. Okay. Thank you.
17 The accused can be escorted out of the courtroom.
18 [The accused withdrew]
19 JUDGE AGIUS: Good afternoon, everybody.
20 --- Whereupon the Further Appearance adjourned at
21 6.03 p.m.