1 Wednesday, 13
2 [Open session]
3 [Motion Hearing]
4 [The accused entered court]
5 --- Upon commencing at 10.30 a.m.
6 JUDGE ROBINSON: Will the Registrar call the case, please.
7 THE REGISTRAR: Case number IT-95-9-PT, the Prosecutor against
8 Blagoje Simic, Milan Simic, Miroslav Tadic, Stevan Todorovic, and Simo
10 JUDGE ROBINSON: May we have the appearances.
11 MS. PATERSON: Nancy Paterson representing the Office of the
13 JUDGE ROBINSON: Thank you, Ms. Paterson.
14 JUDGE ROBINSON: For the Defence.
15 MR. BRASHICH: Good morning, Your Honour, Deyan Brashich,
16 representing the Todorovic Defence. I'm joined today by my co-counsel
17 Mr. Nikola Kostich of the Wisconsin and Illinois bars.
18 JUDGE ROBINSON: I want to make sure that the accused is hearing
19 the proceedings in a language that he understands. Mr. Todorovic.
20 THE ACCUSED TODOROVIC: [Interpretation] Yes, Your Honour.
21 JUDGE ROBINSON: Thank you.
22 There is before a Trial Chamber a motion submitted jointly by the
23 Prosecution and the Defence reflecting an agreement whereby the accused,
24 Stevan Todorovic, will plead guilty to Count 1 of the indictment on the
25 understanding that all the specific charges in the remaining counts are
1 encompassed by the general charge of persecution, a crime against
3 The agreement also provides that the accused will withdraw all
4 motions pending before the Trial Chamber relating to an evidentiary
5 hearing regarding the circumstances of his arrest and his request for
6 judicial assistance. Specifically, he will withdraw the allegations that
7 his arrest was unlawful and that SFOR or NATO was involved in any unlawful
8 activity in relation to his arrest.
9 On two previous occasions in the history of the Tribunal, guilty
10 pleas have been made by accused persons. On the first occasion, the plea
11 was made at initial appearance, and in the second, shortly after Initial
12 Appearance. But significantly, on both occasions, the plea was heard by a
13 fully constituted Trial Chamber.
14 What distinguishes this case from those is that this plea is being
15 taken about two years after initial appearance, albeit before the
16 commencement of trial and, secondly, by a single judge. Rule 62 bis
17 governs the taking of guilty pleas in accordance with Rule 62(vi) which
18 deals with pleas of guilty on initial appearance. However Rule 62 bis
19 also relates to a change of a plea to guilty after initial appearance and
20 that is the present situation.
21 While the Rule is clear that it is a Trial Chamber that enters a
22 finding of guilt based upon a guilty plea and is also clear as to the
23 matters in respect of which such a Chamber must be satisfied before it
24 enters a finding of guilt based upon such a plea, it is silent as to what
25 governs the situation in which the plea of guilty is made before a single
1 Judge or a Chamber not fully constituted.
2 What is certain, however, is that when the plea is taken by a
3 single Judge or a Chamber not fully constituted, it must be referred to
4 the Trial Chamber for it to be satisfied as to the matters set out in Rule
5 62 bis before it enters a finding of guilt. Those matters include the
6 voluntariness of the plea and that the plea is informed.
7 If there is a lacuna in the Rules, there is none in the law for it
8 would be unsafe and inconsistent with the rights of the accused for any
9 judicial body to receive and record a plea of guilty without being
10 satisfied as to certain matters that relate to the rights of the accused
11 under customary international law.
12 And this, notwithstanding that the Trial Chamber to which the plea
13 must be referred must also be satisfied about the same matters if he is
14 to enter a finding of guilt. Notwithstanding the fact, therefore, that
15 the plea will have to be referred to the Trial Chamber, I have a duty to
16 be satisfied as to certain matters including, in particular, the
17 voluntariness of the plea and that the accused fully understands the plea
18 and its consequences.
19 In considering a plea of guilty, the Tribunal must take into
20 account the interests of the accused as they are reflected in his
21 fundamental rights and also, importantly, international public interest.
22 The procedure that we will follow for this plea in relation to the joint
23 motion is that I'll call firstly on the Prosecutor to introduce the motion
24 and thereafter the Defence.
25 Ms. Paterson.
1 MS. PATERSON: Yes, Your Honour. As you have stated, on 29
2 November 2000, the Office of the Prosecutor and the representatives for
3 Mr. Todorovic, Mr. Brashich and Mr. Kostich filed a joint motion before
4 this court bringing to your attention a written plea agreement that had
5 been negotiated and agreed to between Mr. Todorovic and the Office of the
6 Prosecutor. Pursuant to that agreement, as you have said, Mr. Brashich is
7 prepared to withdraw the motions currently pending before this Chamber and
8 which are the matter currently before the Appeals Chamber.
9 In addition, pursuant to that agreement, the Office of the
10 Prosecutor is recommending to the Trial Chamber that the accused be
11 allowed to plead guilty only to count 1 of the indictment, charging
12 persecutions. I am not prepared to provide any further details in public
13 of the plea agreement other than to state that the Prosecutor and the
14 accused have agreed that if the accused complies fully with all aspects of
15 the plea agreement, the Office of the Prosecutor will recommend to the
16 Trial Chamber that they impose a sentence of not less than 5 years and not
17 more than 12 years. Having said that, however, it is also understood by
18 the accused and the Office of the Prosecutor that on the day of sentence,
19 both the Prosecutor and the accused are free to argue for a particular
20 period of incarceration within that range of 5 to 12 years.
21 Turning now to the case against Mr. Todorovic. If this case were
22 to go to trial, the Office of the Prosecutor was prepared to prove beyond
23 a reasonable doubt, with regard to count 1, persecutions, a crime against
24 humanity, that Stevan Todorovic willingly participated in an armed
25 conflict, during which he knowingly committed acts which were part of a
1 widespread or systemic attack against the population and that Stevan
2 Todorovic knew his acts were part of the broader context of such an
4 The Office of the Prosecutor was prepared to call witnesses and to
5 introduce documentary evidence and other forms of evidence that would
6 prove beyond a reasonable doubt that from 17 April 1992 through at least
7 31 December 1993, Stevan Todorovic and others planned, instigated,
8 ordered, committed, or otherwise aided and abetted certain acts of
9 persecution against the Bosnian Croat, Bosnian Muslim, and other non-Serb
10 civilians throughout the municipality of Bosanski Samac and elsewhere in
11 the territory of Bosnia-Herzegovina, and that Stevan Todorovic
12 participated in these acts of persecution on political, racial, and
13 religious grounds.
14 More specifically, the Office of the Prosecutor was prepared to
15 prove beyond a reasonable doubt that Stevan Todorovic, along with other
16 men, wilfully beat and kicked Anto Brandic, also known as Antesa, on 29
17 July 1992 in the Bosanski Samac police station and thereby caused the
18 death of Anto Brandic. Furthermore, the Office of the Prosecutor was
19 prepared to prove that Stevan Todorovic intended to cause the death of
20 Anto Brandic and that Anto Brandic was a person who was not taking active
21 part in the hostilities.
22 The Office of the Prosecutor was prepared to prove that Stevan
23 Todorovic wilfully ordered six men, whose names will not be publicly
24 disclosed, to perform the sexual act of fellatio on each other at the
25 police station in Bosanski Samac on three different occasions in May and
1 June of 1992.
2 The Office of the Prosecutor was prepared to prove that Stevan
3 Todorovic wilfully beat Enver Ibralic, Hasan Jasarevic, Omer Nalic and
4 Father Jozo Puskaric on about 29 July, 1992 in the hallway of the police
5 building in Bosanski Samac; that Stevan Todorovic beat Silvester Antunovic
6 on about 15 July 1992 in the gymnasium of the Bosanski Samac primary
7 school and beat Hasan Bicic, Kemal Bobic, Hasan Ceribasic, Abdulah
8 Drljacic, Zlatko Dubric, Roko Jelavic and Hasan Subasic on several
9 occasions between 17 April 1992 and 21 November 1992 in the primary
10 school, the secondary school, and the Territorial Defence building in
11 Bosanski Samac, and that all of the victims suffered significant physical
12 and mental injuries as a result of the beatings.
13 The Office of the Prosecutor was prepared to prove that Stevan
14 Todorovic wilfully ordered and committed the unlawful detention and
15 confinement of Bosnian Croats, Bosnian Muslims, and other non-Serb
16 civilians under inhumane conditions on political, racial, or religious
17 grounds and not for their protection and safety.
18 The Office of the Prosecutor was prepared to prove that Stevan
19 Todorovic wilfully ordered and committed the cruel and inhumane treatment
20 of Bosnian Croats, Bosnian Muslims, and other non-Serb civilians by means
21 of beatings, torture, forced labour assignments, and confinement under
22 inhumane conditions, and that the inhumane treatment caused great
23 suffering or serious injury to body or to the mental or physical health of
24 the victims.
25 The Office of the Prosecutor was prepared to prove that Stevan
1 Todorovic ordered other men over whom he had superior responsibility to
2 torture Omer Nalic on about 19 June 1992 at the Bosanski Samac primary
3 school and in so doing knowingly committed and aided and abetted the
4 commission of the crime of torture. The evidence would also have shown
5 that severe mental and physical pain or suffering was inflicted on Omer
6 Nalic as a result of this treatment.
7 Furthermore, the Office of the Prosecutor was prepared to prove
8 that the acts of torture were committed by or at the instigation of or
9 with the consent or acquiescence of Stevan Todorovic, who was an official
10 or a person acting in an official capacity for one or more of the
11 following purposes: to obtain information or a confession from the victim
12 or a third person; to punish the victim for an act the victim or a third
13 person committed or was suspected of having committed; to intimidate or
14 coerce the victim or a third person or for any reason based upon
15 discrimination of any kind.
16 Additionally, with respect to the underlying offence of torture,
17 the Office of the Prosecutor was prepared to prove that Stevan Todorovic
18 is criminally responsible as a superior for the acts of his subordinates,
19 pursuant to Article 7(3) of the Statute of the Tribunal, because he knew
20 or had reason to know that his subordinates were about to commit the crime
21 of torture, and he failed to take the necessary and reasonable measures
22 prevent to such acts or punish the perpetrators thereof.
23 The Office of the Prosecutor was prepared to prove that Stevan
24 Todorovic ordered and participated in the interrogation of Bosnian Croats,
25 Bosnian Muslims, and other non-Serb civilians --
1 THE INTERPRETER: Could you slow down, please. Could the counsel
2 slow down.
3 JUDGE ROBINSON: Ms. Paterson, you are being asked to slow down
4 for the interpreters.
5 MS. PATERSON: I'm trying very hard to speak slowly, Your Honour,
6 but I'll try harder.
7 The Office of the Prosecutor was also prepared to prove that
8 Stevan Todorovic wilfully ordered and participated in the deportation,
9 forcible transfer, and expulsion of Bosnian Croats, Bosnian Muslims, and
10 other non-Serb civilians, including women, children, and the elderly, from
11 their homes and villages by force, intimidation and coercion.
12 The Office of the Prosecutor was prepared to prove that Stevan
13 Todorovic issued orders and directives which violated the rights of the
14 Bosnian Croat, Bosnian Muslim, and other non-Serb civilians to equal
15 treatment under the law and infringed upon their enjoyment of basic and
16 fundamental rights.
17 The Office of the Prosecutor has agreed to allow the accused to
18 plead to only the first count of the indictment because the charge of
19 persecutions by its nature also encompasses all the allegations detailed
20 in counts 2 to 27 of the indictment. Specifically, by pleading guilty to
21 the charge of persecutions, the Office of the Prosecutor is satisfied that
22 Stevan Todorovic has, in essence, acknowledged that he, along with other
23 men, beat and kicked Anto Brandic, also known as Antesa, and thereby
24 caused his death; that he ordered six men to perform sexual acts on each
25 other at the police station in Bosanski Samac; that he beat Enver Ibralic,
1 Hasan Jasarevic, Omer Nalic, Father Jozo Puskaric, Silvester Antunovic,
2 Hasan Bicic, Kemal Bobic, Hasan Ceribasic, Abdulah Drljacic, Zlatko
3 Dubric, Roko Jelavic, and Hasan Subasic in the primary school, the
4 secondary school, and the Territorial Defence building in Bosanski Samac;
5 that he ordered and committed the unlawful detention and confinement of
6 Bosnian Croats, Bosnian Muslims and other non-Serb civilians under
7 inhumane conditions; that he ordered and committed the cruel and inhumane
8 treatment of Bosnian Croats, Bosnian Muslims, and other non-Serb
9 civilians; that he ordered other men to torture Omer Nalic at the Bosanski
10 Samac primary school; that he ordered and participated in the
11 interrogation of Bosnian Croats, Bosnian Muslims, and other non-Serb
12 civilians and forced them to sign false and coerced statements; that he
13 ordered and participated in the deportation, forcible transfer, and
14 expulsion of Bosnian Croats, Bosnian Muslims, and other non-Serb civilians
15 from their homes and villages; and that he issued orders and directives
16 which violated the rights of the Bosnian Croat, Bosnian Muslim, and other
17 non-Serb civilians to equal treatment under the law and infringed upon
18 their enjoyment of basic and fundamental human rights.
19 JUDGE ROBINSON: Thank you, Ms. Paterson. Ms. Paterson, there are
20 two matters that I'd like to raise with you and they have to do with the
21 correspondence between counts 2 to 26 and count 1 to which the plea of
22 guilty will relate as well as the correspondence between the factual basis
23 as set out in the agreement and indeed as you have just set it out and
24 count one.
25 The first matter is whereas paragraph (b) of count 1 charges the
1 accused with murders, counts 4, 5, and 6 of the indictment relate to one
2 specific victim and indeed you have confirmed that in the factual basis
3 set out in the agreement and in the statement that you just made. What I
4 would like to find out is if the matter were to go to trial, would the
5 Prosecution be adducing evidence of more than one murder as is alleged in
6 paragraph 34(b) of the indictment?
7 MS. PATERSON: Your Honour, I believe the testimony at trial would
8 have shown that Mr. Todorovic was aware that more than one person was
9 murdered in the police station and in the camps that were set up in
10 Bosanski Samac; however, we were prepared only to prove one count of
11 murder against Mr. Todorovic involving this one victim that I have
12 mentioned, Mr. Brandic. So it would be incorrect to say that we were
13 prepared to prove that Mr. Todorovic was responsible for more than one
15 JUDGE ROBINSON: You would only adduce evidence as to the one
17 MS. PATERSON: That's correct, Your Honour.
18 JUDGE ROBINSON: Anto Brandic.
19 The second matter is -- has to do with the question of
20 correspondence. Under paragraph 28 of the general allegations in the
21 indictment, superior responsibility as set out in Article 7(3) of the
22 Statute would apply to all the charges. However, paragraphs 2(e) and 3(f)
23 of the agreement appear to confine that responsibility to the single
24 charge of torture and you have just confirmed that in the statement that
25 you made.
1 So the question is similar to the one which I asked first, that
2 is, were the case to go to trial, would you be adducing evidence that
3 would show the superior responsibility of the accused in respect of other
4 charges, that is, charges other than torture?
5 MS. PATERSON: In answer to your question, no. If this case were
6 to go to trial, we would only be adducing evidence that Mr. Todorovic
7 could be held responsible under 7(3) for that one count of torture against
8 Omer Nalic. On all the other counts, he would be responsible only under
9 Article 7(1) for individual responsibility.
10 JUDGE ROBINSON: All right. Thank you for the clarification.
11 Mr. Brashich.
12 MR. BRASHICH: Good morning, Your Honour. I join with
13 Ms. Paterson in the motion that the plea agreement be accepted and I am
14 mindful of the fact that only a full Chamber can accept my client's plea.
15 I have heard the representations made by Ms. Paterson were this matter to
16 go to trial, what the Prosecutor would have proven. I am also mindful of
17 this Chamber's decision and order of October 18, 2000.
18 If this case proceeded further, the Defence would have relied on
19 the presumption of innocence, and would this case have gone further and
20 proceeded further to trial, the Defence would have requested that the
21 Court take judicial notice of a finding of guilt rendered yesterday by the
22 district court at Uzice finding a number of individuals guilty of the
23 kidnapping and the abduction of my client.
24 Had this matter proceeded further, the Defence would have relied
25 on evidence and brought documentary evidence and adduced oral and other
1 proofs showing that my client's abduction and seizure violated a number of
2 his rights. I note, for the record, that this Court, I believe, in its
3 decision, has guarded my client's rights and that individuals other than
4 those that were convicted and sentenced to terms of incarceration in
5 the -- by the district court in Uzice -- and I've lost my train of thought
6 at this point, Your Honour -- that other individuals had participated in
7 this abduction and most probably paid for such abduction.
8 However, Your Honour, we are here under a negotiated plea
9 agreement that the Prosecutor has entered with the Defence and for the
10 purposes of the plea agreement, it is correct that one of the points in
11 the agreement, as Ms. Paterson has pointed out is, notwithstanding the
12 representations which I have just made as to my client's abduction and of
13 the individuals involved in such abduction, that as a result of a plea
14 agreement, the Defence is willing under paragraph 8 of the agreement, for
15 the purposes of the plea agreement only, to withdraw my request for
16 judicial assistance and to withdraw that particular application and to
17 make, for the purposes of this plea agreement, a representation that we
18 will not seek the disclosure and reports and documents from SFOR and NATO
19 and that the Defence request that General Sinseki require to provide
20 testimony in any evidentiary hearings be also withdrawn.
21 For the purposes of the plea bargain agreement, the Defence
22 withdraws its allegations that his arrest was unlawful and that SFOR or
23 NATO was involved in any unlawful activity in regard to the arrest of the
25 JUDGE ROBINSON: Sorry, Mr. Brashich, just to be absolutely clear,
1 there are three motions that would be withdrawn. The Defence request for
2 return to the FRI filed the 21st of October. The Defence request for
3 habeas corpus filed the 15th and 22nd of November, 1999. The first
4 request was filed in 1999, I should say. Then lastly, the request for
5 judicial assistance filed the 2nd of August, 2000.
6 Those are the three requests. That would be withdrawn, the three
7 motions that would be withdrawn.
8 MR. BRASHICH: The plea bargain agreement does not specifically
9 respond to that question, Your Honour. But the spirit of the agreement
10 and the intent of the agreement should find favour with this Chamber,
11 ultimately, is that those three requests; the repatriation, the habeas
12 corpus and the judicial assistance be withdrawn.
13 JUDGE ROBINSON: I was under the impression it was more than a
14 matter of just the spirit that the agreement was that all three motions
15 would be withdrawn. You seem to be saying that the agreement is that the
16 motion that would be withdrawn is the one related to judicial assistance
17 and in accordance with the spirit of the agreement, the other two would
18 also be withdrawn. That is the motions challenging the legality of the
20 MR. BRASHICH: I stand corrected, Your Honour. What I meant to
21 say, and perhaps I misspoke, is that paragraph 8 does not do so with
23 JUDGE ROBINSON: Yes. It would seem to be sufficiently clear to
24 me because it says here at paragraph 8, "In light of the accused's agreement
25 to plead guilty in accordance with this plea agreement the accused will
1 withdraw all motions pending before the Trial Chamber in which the accused
2 sought an evidentiary hearing regarding the circumstances of his arrest."
3 So that would cover the two motions challenging the legality of his
4 arrest. And then I continue,"... and his request for judicial
6 So it would seem to me to be quite explicit that it covers all
7 three motions.
8 MR. BRASHICH: I stand corrected, Your Honour.
9 JUDGE ROBINSON: Thank you. You may proceed.
10 MR. BRASHICH: Your Honour, as this Court is also aware, there are
11 pending certain reviews before the Appeals Chamber. Should the plea
12 agreement not find favour with this Chamber, the Defence reserves its
13 rights under the motions which it has withdrawn as a result of the plea
14 agreement. Thank you, Your Honour.
15 JUDGE ROBINSON: I will now proceed to address the accused,
16 Mr. Todorovic.
17 Mr. Todorovic, please stand.
18 [The accused stands up]
19 JUDGE ROBINSON: I have to ask you some questions to satisfy
20 myself as to the plea that is being made. Mr. Todorovic, you entered into
21 a plea agreement with the Office of the Prosecutor, and pursuant to that
22 agreement, you will plead guilty to the first count of the indictment,
23 persecution, a crime against humanity. Also, in accordance with the
24 agreement, since your plea to count 1 of the indictment encompasses all
25 the allegations in counts 2 to 27, the Prosecutor will accept your plea to
1 count 1 in satisfaction of the remaining 26 counts of the indictment.
2 You will also withdraw all motions pending before the Tribunal
3 challenging the legality of your arrest and seeking judicial assistance.
4 Is that correct? Is that your understanding of the agreement?
5 THE ACCUSED TODOROVIC: [Interpretation] Yes, Your Honour.
6 JUDGE ROBINSON: Mr. Todorovic, pursuant to the agreement, the
7 Prosecutor and the Defence will recommend to the Trial Chamber a specific
8 sentence within a range of 5 to 12 years. You must, however, understand
9 that sentence is ultimately a matter for the Trial Chamber to determine in
10 accordance with the Statute and the Rules, and that this may be for a term
11 up to and including life imprisonment. Do you understand that?
12 THE ACCUSED TODOROVIC: [Interpretation] Yes.
13 JUDGE ROBINSON: And have you fully discussed with your counsel
14 the plea agreement that you have entered into with the Office of the
16 THE ACCUSED TODOROVIC: [Interpretation] Yes.
17 JUDGE ROBINSON: Were you threatened or coerced in any way to make
18 this agreement?
19 THE ACCUSED TODOROVIC: [Interpretation] No, I was not threatened
20 nor was I coerced.
21 JUDGE ROBINSON: And you are entering into this plea voluntarily.
22 THE ACCUSED TODOROVIC: [Interpretation] Yes.
23 JUDGE ROBINSON: And have you discussed the matter fully with your
24 counsel and has he informed you of the nature of the charges against you
25 and of the consequences of pleading guilty to a crime against humanity?
1 THE ACCUSED TODOROVIC: [Interpretation] Yes. My lawyers have
2 fully informed me.
3 JUDGE ROBINSON: We'll now proceed to take the plea. As the
4 indictment is a long one, I want to be sure that we know what the plea
5 relates to. The registrar will take the plea and the specific paragraphs
6 from the indictment, and I'd like both counsel to confirm this. The
7 specific paragraphs that will be read to the accused are paragraph 29,
8 paragraph 30, paragraph 34, and the last two subparagraphs of paragraph
10 Ms. Paterson.
11 MS. PATERSON: Yes, that's correct, Your Honour.
12 JUDGE ROBINSON: Mr. Brashich.
13 MR. BRASHICH: I concur.
14 JUDGE ROBINSON: Will the Registrar now take the plea?
15 THE REGISTRAR: Case number IT-95-9, the Prosecutor versus Blagoje
16 Simic, Milan Simic, Stevan Todorovic, Miroslav Tadic, Simo Zaric, charges
17 Count 1, Persecutions: Beginning in or about September 1991 and
18 continuing through at least 31 December 1993, Blagoje Simic, Milan Simic,
19 Miroslav Tadic, Stevan Todorovic, and Simo Zaric, together with other Serb
20 civilian and other military officials planned, instigated, ordered,
21 committed, or otherwise aided and abetted the planning, preparation, or
22 execution of a crime against humanity, that is, the persecutions of
23 Bosnian Croat, Bosnian Muslim, and other non-Serb civilians on political,
24 racial, or religious grounds throughout the municipalities of Bosanski
25 Samac, Odzak and elsewhere in the territory of Bosnia and Herzegovina.
1 The crime of persecutions was perpetrated, executed and carried
2 out by or through the following means:
3 (a) the forcible takeover by Serb forces of cities, towns and
4 villages inhabited by Bosnian Croat, Bosnian Muslim and other non-Serb
6 (b) the unlawful arrest, detention or confinement of Bosnian
7 Croats, Bosnian Muslims and other non-Serb civilians on political, racial
8 or religious grounds and not for their protection and safety;
9 (c) the cruel and inhumane treatment of Bosnian Croats, Bosnian
10 Muslims and other non-Serb civilians, including beatings, torture, forced
11 labour assignments and confinement under inhumane conditions;
12 (d) the deportation, forcible transfer and expulsion of Bosnian
13 Croats, Bosnian Muslims and other non-Serb civilians from their homes and
14 villages by force, intimidation and coercion; and
15 (e) the wanton and extensive destruction, plundering and looting
16 of the property of Bosnian Croats, Bosnian Muslims and other non-Serb
17 civilians, including dwellings, businesses, personal property and
19 From on or about 17 April 1992 through at least 31st December
20 1993, Stevan Todorovic, while serving as Chief of Police of Bosanski Samac
21 and as a member of the Serb Crisis Staff, committed and aided and abetted
22 the commission of the crime of persecutions as described in paragraphs 29
23 and 30 above, through his participation in the following acts or omissions,
24 among others:
25 (a) the forcible takeover of the municipality of Bosanski Samac by
1 Serb forces;
2 (b) the murders, sexual assaults and repeated beatings of numerous
3 Bosnian Croats, Bosnian Muslims and other non-Serb civilians detained in
4 various detention camps in or around the Bosanski Samac municipality;
5 (c) the unlawful detention and confinement of Bosnian Croats,
6 Bosnian Muslims and other non-Serb civilians under inhumane conditions on
7 political, racial or religious grounds and not for their protection or
9 (d) the cruel and inhumane treatment of Bosnian Croats, Bosnian
10 Muslims and other non-Serb civilians, including beatings, torture, forced
11 labour assignments and confinement under inhumane conditions;
12 (e) the interrogation of Bosnian Croats, Bosnian Muslims and other
13 non-Serb civilians who had been arrested and detained, and forcing them to
14 sign false and coerced statements;
15 (f) the deportation, forcible transfer and expulsion of Bosnian
16 Croats, Bosnian Muslims and other non-Serb civilians, including women,
17 children and the elderly, from their homes and villages by force,
18 intimidation, and coercion; and
19 (g) the issuance of orders and directives which violated the
20 rights of the Bosnian Croat, Bosnian Muslim and other non-Serb civilians
21 to equal treatment under the law and infringed upon their enjoyment of
22 basic and fundamental rights.
23 By these actions Blagoje Simic, Milan Simic, Miroslav Tadic,
24 Stevan Todorovic and Simo Zaric planned, instigated, ordered, committed
25 or otherwise aided and abetted the planning, preparation or execution of:
1 Count 1: Persecutions on political, racial and religious grounds,
2 a crime against humanity, punishable under Article 5(h) of the Statute of
3 the Tribunal.
4 JUDGE ROBINSON: The Registrar, will you ask how he pleads.
5 THE REGISTRAR: Stevan Todorovic, how do you plead?
6 THE ACCUSED TODOROVIC: [Interpretation] I plead guilty to count 1.
7 JUDGE ROBINSON: You may sit, Mr. Todorovic. You may sit.
8 THE ACCUSED TODOROVIC: [Interpretation] Thank you, Your Honour.
9 JUDGE ROBINSON: Ms. Paterson, there is one other matter that I
10 want to raise with you. What does the Prosecution intend to do with
11 counts 2 to 27? Will the Prosecutor be formally withdrawing those
13 MS. PATERSON: Yes, Your Honour. That would be our intention.
14 JUDGE ROBINSON: Thank you.
15 As I indicated earlier, the second part of this hearing will be
16 for the Trial Chamber to determine whether it is satisfied as to the
17 matters set forth in Rule 62 bis and enter a finding of guilt, if it is so
18 satisfied. The date for that hearing is Friday, the 12th of January,
19 2001. Prior to that hearing, the parties will submit a brief which will
20 set out the full factual basis for the counts to which the plea relates,
21 including the accused's participation in the crimes, and also attach
22 witness statements. That brief will be submitted by January 5th, 2001.
23 If neither of the parties wish to raise any other matter, the
24 hearing is adjourned.
25 Mr. Brashich.
1 MR. BRASHICH: Your Honour, could I just confer with Ms. Paterson
2 for a moment?
3 JUDGE ROBINSON: Yes.
4 [Prosecution and Defence counsel confer]
5 MR. BRASHICH: Your Honour, after conferring with Ms. Paterson, I
6 don't think there is any other matter that the Defence wishes to raise at
7 this time.
8 JUDGE ROBINSON: Thank you, Mr. Brashich. The hearing is
10 --- Whereupon the Motion Hearing adjourned
11 at 11.18 a.m.
13 Blank page inserted to ensure pagination corresponds between the English
14 and French transcripts.