1 Thursday, 3rd September 1998
2 (Open session)
3 --- Upon commencing at 4.25 p.m.
4 (The accused entered court)
5 JUDGE JORDA: All right. The accused may be
6 seated now. Mr. Tadic and Mr. Simic and Mr. Zaric,
7 please be seated.
8 Very well. I would like, first of all, for
9 the case number to be announced. This is which case?
10 THE REGISTRAR: This is IT-95-9-PT, the
11 Prosecutor versus Milan Simic, Miroslav Tadic, and Simo
13 JUDGE JORDA: Thank you, Registrar. I would
14 like the representatives of the Prosecutor to introduce
15 themselves and then to have the introductions from the
17 Mr. Niemann, good afternoon.
18 MR. NIEMANN: Good afternoon, Your Honours.
19 For the Prosecution, my name is Grant Niemann, and I
20 appear with my colleagues, Ms. Paterson and
21 Mr. Michelich and Ms. Annink.
22 JUDGE JORDA: For the Defence, for
23 Mr. Tadic. Who is the representative for Mr. Tadic?
24 MR. PANTELIC: Good afternoon, Your Honours.
25 I am Igor Pantelic on behalf of Mr. Tadic.
1 JUDGE JORDA: Usually there are two of you.
2 Are you alone today?
3 MR. PANTELIC: Yes, Your Honour. Since this
4 is an unusual procedure, we decided to appear --
5 JUDGE JORDA: And for Mr. Zaric, who is
6 counsel? Is it Mr. Pisarevic?
7 MR. PISAREVIC: Good day, Your Honour. My
8 name is Borislav Pisarevic, I am the Defence counsel
9 for Mr. Zaric, and I will be appearing on my own today
11 JUDGE JORDA: And for Mr. Simic?
12 MR. VUKOVIC: Good afternoon, Your Honour.
13 My name is Drago Vukovic, I am Defence counsel for
14 Mr. Milan Simic, and like my colleagues, I will be here
15 on my own because -- well, our assistants are close by.
16 JUDGE JORDA: Very well. Judge Riad and
17 myself are the two Judges of the Trial Chamber who,
18 during the trial, would have a third colleague with
19 them, but because of exceptional circumstances and an
20 order authorising us to operate as two, I believe it's
21 Rule 15 allows us to hear the accused for this further
22 appearance pursuant to Rule 62, the third Judge being
23 Judge Rodrigues.
24 This hearing today, that is the further
25 appearance, I am saying this both for the Prosecutor
1 and for the Defence, but for the accused, I'm sure it
2 was explained to you, since further to a request from
3 the Prosecutor, which was confirmed by Judge Vohrah on
4 the 25th of August of this year, that is, a few days
5 ago, a new indictment, an amended indictment, was
6 drafted and confirmed by him, and it is on the basis of
7 that new indictment that the Tribunal must hear your
8 pleas, to find out whether you plead guilty or not
9 guilty according to proceedings which you are familiar
10 with by now.
11 The order was rendered on the 25th of
12 August. We are meeting today. I would first like to
13 recall -- perhaps this could be done by the
14 registrar -- Article 20. That should be in the minds
15 of accused. We can ask the registrar to read it.
16 THE REGISTRAR: We start with Article 20,
17 Commencement and conduct of this Trial Chamber.
18 1. The Trial Chambers shall ensure that a
19 trial is fair and expeditious and that proceedings are
20 conducted in accordance with the rules of procedure and
21 evidence, with full respect for the rights of the
22 accused and due regard for the protection of victims
23 and witnesses.
24 2. A person against whom an indictment has
25 been confirmed shall, pursuant to an order or an arrest
1 warrant of the International Tribunal, be taken into
2 custody, immediately informed of the charges against
3 him and transferred to the International Tribunal.
4 3. The Trial Chamber shall read the
5 indictment, satisfy itself that the rights of the
6 accused are respected, confirm that the accused
7 understands the indictment, and instruct the accused to
8 enter a plea. The Trial Chamber shall then set the
9 date for trial.
10 4. The hearing shall be public unless the
11 Trial Chamber decides to close the proceedings in
12 accordance with its rules of procedure and evidence.
13 JUDGE JORDA: Thank you. Now can we read
14 Rule 62 of the Rules of Procedure and Evidence?
15 THE REGISTRAR: Initial Appearance of the
17 "Upon the transfer of an accused to the seat
18 of the Tribunal, the President shall forthwith assign
19 the case to a Trial Chamber. The accused shall be
20 brought before that Trial Chamber without delay and
21 shall be formally charged. The Trial Chamber shall:
22 (i) satisfy itself that the right of the
23 accused to counsel is respected;
24 (ii) read and have the indictment read to
25 the accused in a language the accused speaks and
1 understands, and satisfy itself that the accused
2 understands the indictment;
3 (iii) call upon the accused to enter a plea
4 of guilty or not guilty on each count; should the
5 accused fail to do so, enter a plea of not guilty on
6 the accused's behalf;
7 (iv) in case of a plea of not guilty,
8 instruct the Registrar to set a date for trial;
9 (v) in case of a plea of guilty, act in
10 accordance with Rule 62 bis;
11 (vi) instruct the Registrar to set such
12 other dates as appropriate."
13 JUDGE JORDA: Thank you. I believe that the
14 Defence will understand that we are not going through
15 all preliminary formalities which have already been
16 done as the rights of the accused to assistance of
17 counsel since counsel is here, but I would like to be
18 sure, first of all, that you have already explained the
19 contents of the amended indictment to each of your
21 Let me turn to Mr. Pantelic first. I suppose
22 that you did that.
23 MR. PANTELIC: Your Honour, that's right. We
24 had enough time to confer with our clients.
25 JUDGE JORDA: Yes. And your colleagues?
1 MR. PISAREVIC: Yes, Your Honour, we have
2 acquainted our client with it.
3 MR. VUKOVIC: Mr. Milan Simic has also been
4 made acquainted with the indictment in full.
5 JUDGE JORDA: Thank you. I would suggest
6 that we ask the registrar to read the indictment, and
7 to simplify things perhaps, perhaps at the end of each
8 of the counts that have been read, we will ask each of
9 the accused to state whether he pleads guilty or not
10 guilty rather than to start over again once we had
11 first read the indictment in its entirety.
12 The indictment will be read in full but, at
13 the end of each count, sequence by sequence, we will
14 ask each of the accused to rise, except for Mr. Simic,
15 of course, and to state whether he pleads guilty or not
17 Registrar, you have the amended indictment
18 with you pursuant to the order of confirmation by our
19 colleague, Judge Vohrah. I would ask you to rise and
20 to read the indictment to us, the amended indictment,
21 that is.
22 THE REGISTRAR: The Prosecutor of the
23 Tribunal against Milan Simic, Miroslav Tadic, also
24 known as Miro Brko, and Simo Zaric, also known as
1 First Amended Indictment.
2 The Prosecutor of the International Criminal
3 Tribunal for the former Yugoslavia, pursuant to her
4 authority under Article 18 of the Tribunal, charges:
5 Milan Simic, Miroslav Tadic, also known as Miro Brko,
6 Simo Zaric, also known as Solaja, with crimes against
7 humanity, grave breaches of the Geneva Conventions, and
8 violation of the laws and customs, as set forth below:
10 1. The municipalities of Bosanski Samac and
11 Odzak are located along the northern border of Bosnia
12 and Herzegovina just across the Sava River from the
13 Republic of Croatia. The municipalities are located
14 within an area referred to as the "Posavina Corridor"
15 which links western Bosnia and Herzegovina with Serbia
16 to the east.
17 2. In 1991, after Slovenia and Croatia
18 declared their independence from the Socialist Federative
19 Republic of Yugoslavia (SFRY), the citizens of Bosnia
20 and Herzegovina were forced to consider whether to
21 declare their independence or to remain a part of
22 Yugoslavia. For the most part, Bosnian Croats and
23 Bosnian Muslims favoured independence, while the
24 Bosnian Serbs, led by the Serbian Democratic Party
25 (SDS) and the Yugoslav National Army (JNA) favoured
1 remaining a part of Yugoslavia.
2 3. Bosnia and Herzegovina declared its
3 independence from Yugoslavia on 29 February 1992. Long
4 before this, however, the SDS and the JNA had been
5 making plans for the probability of a war which
6 included the creation of separate Serb-controlled
7 municipalities throughout Bosnia and Herzegovina. The
8 Republic of Bosnia and Herzegovina was recognised as an
9 independent nation by the United States and countries
10 of the European Community on 7 April 1992.
11 4. A significant aspect of the plans of the
12 SDS and the JNA was to establish exclusive Serb control
13 over large segments of territory in western, northern
14 and eastern Bosnia and Herzegovina, much of which had
15 large populations of Bosnian Croats, Bosnian Muslims
16 and other non-Serb civilians. In order to achieve
17 control over this territory, the Bosnian Serbs planned
18 to isolate and expel as many non-Serbs as possible in a
19 process that became known as "ethnic cleansing."
20 5. Because of their location on the northern
21 edge of the "Posavina Corridor," control over the
22 municipalities of Bosanski Samac and Odzak was vital to
23 Bosnian Serb efforts to create a Serb-controlled land
24 bridge between Serbia in the east and the Krajina Serbs
25 in Croatia and other parts of western Bosnia and
2 6. On 17 April 1992, Serb military forces
3 from Bosnia and Herzegovina and elsewhere in the former
4 Yugoslavia seized control of the town of Bosanski Samac
5 by force and, within a few days, controlled the entire
6 municipality of Bosanski Samac.
7 7. On 29 February 1992, the Serb authorities
8 announced the formation of a separate "Serbian
9 Municipality of Bosanski Samac." After the forcible
10 take-over on 17 April 1992, the Serbs announced that
11 the government of the municipality of Bosanski Samac
12 had been replaced by the "Serbian Municipality of
13 Bosanski Samac."
14 8. Prior to 17 April 1992, almost 17,000
15 Bosnian Croats and Bosnian Muslims, of a total
16 population of about 33,000, lived in the municipality
17 of Bosanski Samac. Following the forcible take-over of
18 the Bosanski Samac municipality by Serb forces, the
19 majority of the non-Serb residents fled or were forced
20 to leave the area so that by May 1995, fewer that 300
21 of the 17,000 Bosnian Croat and Bosnian Muslim
22 residents remained.
23 9. On or about 13 July, 1992, the 1st
24 Krajina Corps of the Bosnian Serb Army seized control
25 of the neighbouring municipality of Odzak by force. As
1 the Serb military forces advanced on Odzak, the
2 majority of the non-Serb residents fled from the area.
3 Those non-Serbs who had not fled before the take-over
4 fled, were killed, or were forced to leave.
5 10. Prior to July 1992, approximately 22,500
6 Bosnian Croat and Bosnian Muslims residents, out of a
7 total population of 30,000, lived in the Odzak
8 municipality. In November 1995, at the time of the
9 signing of the Dayton Peace Agreement, virtually all of
10 the 22,500 Bosnian Croat and Bosnian Muslim residents
11 had fled or were forced to leave the Odzak
13 11. Immediately after the forcible take-over
14 of the Bosanski Samac municipality, Serb authorities
15 established the "Serbian Municipality of Bosanski Samac
16 Crisis Staff" (Serb Crisis Staff) which took the place
17 of the duly-elected municipal assembly and maintained
18 control over all aspects of the municipal government.
19 In accordance with their plan for "ethnic cleansing,"
20 Serb authorities arrested and detained a large number
21 of the non-Serb men, forced many of the non-Serb
22 residents to leave their homes, transferred many
23 non-Serb residents to other villages where they were
24 detained against their will, instituted a number of
25 discriminatory laws and regulations directed against
1 the non-Serbs, required most of the non-Serbs to
2 participate in forced labour projects, undertook the
3 wide-scale looting of the private and commercial
4 property belonging to the non-Serbs, expelled and
5 deported a significant number of the non-Serb
6 residents, and otherwise made life so impossible and
7 oppressive that most Bosnian Croat, Bosnian Muslim and
8 other non-Serb residents of the municipality fled or
9 were forced to leave the area.
10 12. After the military take-over of the
11 Odzak municipality, the Serb Crisis Staff in Bosanski
12 Samac also assumed control over the civilian government
13 of the Odzak municipality. Although most of the
14 non-Serb residents had fled from the Odzak municipality
15 before the Serb military forces took control, those who
16 remained were subjected to similar acts of
17 discrimination and oppression as those imposed on the
18 non-Serb residents in the Bosanski Samac municipality.
19 Many of the non-Serb residents working on forced labour
20 projects in Bosanski Samac were ordered to take part in
21 looting the private and commercial property of the
22 non-Serb residents of the Odzak municipality.
23 13. From approximately 1 September 1991
24 through 31 December 1993, Milan Simic, Miroslav Tadic
25 and Simo Zaric, along with various individuals on the
1 Serb Crisis Staff, other political, municipal and
2 administrative bodies, the police force, and the army,
3 committed, planned, initiated, ordered or otherwise
4 aided and abetted in a campaign of persecutions and
5 ethnic cleansing and committed other serious violations
6 of international humanitarian law directed against the
7 Bosnian Croat, Bosnian Muslim and other non-Serb
8 civilians residing in the Bosanski Samac and Odzak
9 municipalities in the territory of Bosnia and
11 The Accused.
12 14. Milan Simic, born 9 August 1960 in
13 Sarajevo, was trained as an economist and worked for a
14 variety of companies in Bosanski Samac. At the time of
15 the forcible take-over of Bosanski Samac, he was a
16 member of the Fourth Detachment, a JNA-organised
17 territorial defence unit. On 30 May 1992, Milan Simic
18 was appointed President of the Executive Board of the
19 Bosanski Samac Assembly and became a member of the Serb
20 Crisis Staff. As President of the Executive Board,
21 Milan Simic was responsible for the governmental
22 affairs of the municipality which included implementing
23 the social plan, annual budget and financial reports,
24 overseeing municipal housing and city planning needs,
25 and implementing the policies, decisions and other
1 regulations of the Serb Crisis Staff. Milan Simic
2 remained in that position until February 1993 when he
3 was shot and seriously wounded in an assassination
5 15. Miroslav Tadic, also known as Miro Brko,
6 born 12 May 1937 in the village of Novi Grad, Odzak
7 municipality, worked as a high school teacher and later
8 ran the cafe "AS" at his home in Bosanski Samac. In
9 1991 Miroslav Tadic became a member of the Fourth
10 Detachment, a JNA organised territorial defence unit.
11 As the Assistant Commander for Logistics, he worked
12 closely with Simo Zaric in their respective roles
13 within the Fourth Detachment. After 17 April 1992,
14 Miroslav Tadic became Chairman of the Bosanski Samac
15 "Exchange Commission" and was responsible for
16 organising and carrying out the majority of so-called
17 prisoner "exchanges" through which non-Serb civilians
18 were expelled from their homes. He remained a member
19 of the Exchange Commission until at least 1995. While
20 serving in the capacity of Chairman of the Exchange
21 Commission, Miroslav Tadic was also a member of the
22 Serb Crisis Staff.
23 16. Simo Zaric, also known as Solaja, born
24 25 July 1948, in the village of Trnjak, Odzak
25 municipality, was a former police chief of Bosanski
1 Samac and State Security Service (SDB) intelligence
2 Agent. In 1991, Simo Zaric began to organise and
3 supervise a JNA-sponsored territorial defence unit
4 known at first as the Fourth Detachment and later
5 renamed the 5th Battalion of the 2nd Posavina Brigade.
6 Upon creation of the Fourth Detachment, Simo Zaric was
7 appointed the "Assistant Commander for Intelligence,
8 Reconnaissance, Morale, and Information." On 29 April
9 1992, Simo Zaric was appointed "Chief of National
10 Security Service" for Bosanski Samac by the Serb Crisis
11 Staff. After the Serb take-over of Odzak in July 1992,
12 Simo Zaric was appointed by the Bosanski Samac Crisis
13 Staff to be the "Deputy to the President of the War
14 Council for Security Matters" of the Odzak
15 municipality. In these positions of authority, Simo
16 Zaric reported directly to and took orders from the
17 Serb Crisis Staff in Bosanski Samac. On 1 September
18 1992, Simo Zaric was appointed "Assistant Commander of
19 the 2nd Posavina Brigade for Morale and Information" of
20 the Bosnian Serb Army. Between April and July, 1992,
21 Simo Zaric worked with Miroslav Tadic to arrange
22 so-called prisoner "exchanges" through which non-Serb
23 civilians were expelled from their homes. Simo Zaric
24 remained a member of the Bosnian Serb army until 1995.
25 General Allegations.
1 17. Unless otherwise set forth below, all
2 acts and omissions alleged in this indictment took
3 place between on or about September 1991 and on or
4 about 31 December 1993 in the Republic of Bosnia and
5 Herzegovina in the territory of the former Yugoslavia.
6 18. At all times relevant to this
7 indictment, a state of armed conflict and partial
8 occupation existed in the Republic of Bosnia and
10 19. At all times relevant to this
11 indictment, all of the persons described in this
12 indictment as victims were protected by the Geneva
13 Conventions of 1949.
14 20. Each of the accused in this indictment
15 were required to abide by the laws or customs governing
16 the conduct of war, including the Geneva Conventions of
18 21. All acts and omissions charged as crimes
19 against humanity were part of a widespread, systematic,
20 or large-scale attack against the Bosnian Croat and
21 Bosnian Muslim civilian residents of the municipalities
22 of Bosanski Samac and Odzak.
23 22. In each paragraph charging torture, the
24 acts were committed by, or at the instigation of, or
25 with the consent or acquiescence of, an official or
1 person acting in an official capacity, and for one or
2 more of the following purposes: to obtain information
3 or a confession from the victim or a third person; to
4 punish the victim for an act the victim or a third
5 person committed or was suspected of having committed;
6 to intimidate or coerce the victim or a third person;
7 and/or for any reason based upon discrimination of any
9 23. Each of the accused is individually
10 responsible for the crimes alleged against him in this
11 indictment, pursuant to Article 7(1) of the Tribunal
12 Statute. Individual criminal liability includes
13 committing, planning, initiating, ordering or aiding
14 and betting in the planning, preparation or execution
15 of any crime referred to in Articles 2 to 5 of the
16 Tribunal Statute.
17 24. Paragraphs 17 through 23 are re-alleged
18 and incorporated into each of the charges set forth
21 Count 1 (Persecutions).
22 25. Beginning in about September 1991 and
23 continuing through at least the 31 December 1993, Milan
24 Simic, Miroslav Tadic and Simo Zaric, together with
25 other Serb civilian and military officials, committed,
1 planned, instigated, ordered or otherwise aided and
2 abetted the planning, preparation, or execution of a
3 crime against humanity, that is, the persecutions of
4 Bosnian Croat, Bosnian Muslim and other non-Serb
5 civilians on political, racial, or religious grounds,
6 throughout the municipalities of Bosanski Samac, Odzak,
7 and elsewhere in the territory of Bosnia and
9 26. The crime of persecutions was
10 perpetrated, executed and carried out by or through the
11 following means:
12 (a) the forcible take-over by Serb forces of
13 cities, towns, and villages inhabited by
14 Bosnian Croat, Bosnian Muslim and other
15 non-Serb civilians;
16 (b) the unlawful arrest, detention or
17 confinement of Bosnian Croats, Bosnian
18 Muslims and other non-Serb civilians on
19 political, racial or religious grounds
20 and not for their protection and
22 (c) the cruel and inhumane treatment of
23 Bosnian Croats, Bosnian Muslims and
24 other non-Serb civilians including
25 beatings, torture, forced labour
1 assignments, and confinement under
2 inhumane conditions;
3 (d) the systematic deportation, forcible
4 transfer and expulsion of Bosnian
5 Croats, Bosnian Muslims, and other
6 non-Serb civilians from their homes and
7 villages by force, intimidation and
8 coercion; and
9 (e) the systematic, wanton and extensive
10 destruction, plundering and looting of
11 the property of Bosnian Croats, Bosnian
12 Muslims and other non-Serb civilians
13 including dwellings, businesses,
14 personal property and livestock.
15 27. From on or about the 17th of April 1992
16 through February 1993, both prior to and while serving
17 as President of the Executive Board of the Bosanski
18 Samac Assembly and as a member of the Serb Crisis
19 Staff, Milan Simic committed and aided and abetted the
20 commission of the crime of persecutions as described in
21 paragraphs 25 and 26 above, through the following acts
22 or omissions, among others:
23 (a) participated in the unlawful detention
24 and confinement of Bosnian Croats,
25 Bosnian Muslims and other non-Serb
1 civilians under inhumane conditions on
2 political, racial or religious grounds
3 and not for their protection and
5 (b) participated in the torture and beating
6 of Bosnian Croats, Bosnian Muslims and
7 other non-Serb civilians confined at
8 detention camps, including but not
9 limited to Hasan Bicic, Muhamed Bicic,
10 Perica Misic, Ibrahim Salkic and Safet
11 Hadzialijagic; and
12 (c) as President of the Executive Board and
13 a member of the Serb Crisis Staff,
14 implemented the orders, policies,
15 decisions and other regulations
16 promulgated by the Serb Crisis Staff and
17 authorised other official actions which
18 violated the rights of the Bosnian
19 Croat, Bosnian Muslim and other non-Serb
20 civilians to equal treatment under the
21 law and infringed upon their enjoyment
22 of basic and fundamental rights.
23 28. From about September 1991 to at least 31
24 December 1993, Miroslav Tadic, both prior to and while
25 serving as Chairman and as a member of the Exchange
1 Commission and as a member of the Serb Crisis Staff,
2 committed and aided and abetted the commission of the
3 crime of persecutions as described in paragraphs 25 and
4 26 above, through the following acts or omissions,
5 among others:
6 (a) participated with Serb forces in the
7 forcible take-over of the municipality
8 of Bosanski Samac;
9 (b) participated in the unlawful arrest and
10 confinement of numerous Bosnian Croat,
11 Bosnian Muslim and other non-Serb
12 civilians on political, racial or
13 religious grounds and not for their
14 protection and safety;
15 (c) participated in the cruel and inhumane
16 treatment of Bosnian Croats, Bosnian
17 Muslims and other non-Serb civilians,
18 including beatings, torture, forced
19 labour assignments and confinement under
20 inhumane conditions;
21 (d) supervised, organised, and carried out
22 the systematic deportation, forcible
23 transfer and expulsion of Bosnian
24 Croats, Bosnian Muslims and other
25 non-Serb civilians, including women,
1 children and the elderly, from their
2 homes and villages by force,
3 intimidation, and coercion; and
4 (e) participated in the destruction,
5 plundering and looting of the property
6 of Bosnian Croats, Bosnian Muslims and
7 other non-Serb civilians, including
8 dwellings, businesses, personal property
9 and livestock.
10 29. From about September 1991 to about 31
11 December 1992, Simo Zaric, both prior to and while
12 serving in such various positions as the "Assistant
13 Commander for Intelligence, Reconnaissance, Morale and
14 Information" of the Fourth Detachment, "Chief of
15 National Security Service" in Bosanski Samac, "Deputy
16 to the President of the War Council for Security
17 Matters" in Odzak, and "Assistant Commander of the 2nd
18 Posavina Brigade for Morale and Information," committed
19 and aided and abetted the commission of the crime of
20 persecutions as described in paragraphs 25 and 26
21 above, through the following acts or omissions, among
23 (a) participated with Serb forces in the
24 forcible take-over of the municipality
25 of Bosanski Samac;
1 (b) participated in the unlawful arrest and
2 confinement of numerous Bosnian Croat,
3 Bosnian Muslim and other non-Serb
4 civilians on political, racial or
5 religious grounds and not for their
6 protection and safety;
7 (c) participated in the cruel and inhumane
8 treatment of Bosnian Croats, Bosnian
9 Muslims and other non-Serb civilians,
10 including beatings, torture, forced
11 labour assignments, and confinement
12 under inhumane conditions;
13 (d) interrogated Bosnian Croats, Bosnian
14 Muslims and other non-Serb civilians who
15 had been arrested and detained and
16 forced them to sign false and coerced
18 (e) participated in the systematic
19 deportation, forcible transfer and
20 expulsion of Bosnian Croats, Bosnian
21 Muslims, and other non-Serb civilians,
22 including women, children and the
23 elderly, from their homes and villages
24 by force, intimidation, and coercion;
1 (f) participated in the destruction,
2 plundering and looting of the property
3 of Bosnian Croats, Bosnian Muslims and
4 other non-Serb civilians, including
5 dwellings, businesses, personal
6 property, and livestock.
7 JUDGE JORDA: Mr. Registrar, you will -- I am
8 saying this for the accused and for their counsel, you
9 are going to state the Count 1, that is crime against
10 humanity, and I will ask each of the accused, of
11 course, except for Mr. Simic, to rise and state whether
12 he pleads guilty or not guilty, have having heard the
13 entire indictment in respect of that count.
14 THE REGISTRAR: Milan Simic, by these
15 actions committed:
16 Count 1: a crime against humanity recognised
17 by Article 5(h) (persecutions on political, racial
18 and/or religious grounds) of the Tribunal Statute.
19 JUDGE JORDA: Mr. Simic, you have heard that
20 we are speaking about a crime against humanity
21 recognised by Article 5(h). Do you plead guilty or not
23 THE ACCUSED SIMIC: I plead not guilty.
24 JUDGE JORDA: You must turn your microphone
1 THE ACCUSED SIMIC: I plead not guilty.
2 JUDGE JORDA: Not guilty. Mr. Tadic?
3 THE ACCUSED TADIC: I plead not guilty.
4 JUDGE JORDA: Mr. Zaric?
5 THE ACCUSED ZARIC: Your Honour, I plead not
7 JUDGE JORDA: Registrar, would you continue,
8 please, having also noted the plea of not guilty by
9 Mr. Tadic, Mr. Zaric, and Mr. Simic.
10 THE REGISTRAR: Yes, of course, Your Honour.
11 Counts 2 and 3 (Deportation and Transfer).
12 30. From about 17 April 1992 through about
13 31 December 1993, Miroslav Tadic committed, planned,
14 initiated, ordered or aided and abetted in the
15 planning, preparation, and execution of the unlawful
16 deportation and forcible transfer of hundreds of
17 Bosnian Croat, Bosnian Muslim and other non-Serb
18 civilians, including women, children and the elderly,
19 from their homes in the Bosanski Samac municipality to
20 other countries or to other parts of the Republic of
21 Bosnia and Herzegovina not controlled by Serb forces.
22 31. From about 17 April 1992 through at
23 least 31 December 1992, Simo Zaric committed, planned,
24 initiated, ordered or aided and abetted in the
25 planning, preparation, and execution of the unlawful
1 deportation and forcible transfer of hundreds of
2 Bosnian Croat, Bosnian Muslim and other non-Serb
3 civilians, including women, children and the elderly,
4 from their homes in the Bosanski Samac municipality to
5 other countries or to other parts of the Republic of
6 Bosnia and Herzegovina not controlled by Serb forces.
7 JUDGE JORDA: We will now proceed in the same
8 manner except that here Mr. Simic is not included in
9 this count. Count 2 involves Mr. Miroslav Tadic and
10 Simo Zaric.
11 THE REGISTRAR: First starting with Count 2.
12 By these actions, Miroslav Tadic and Simo Zaric
14 Count 2: a crime against humanity recognised
15 by Article 5(d) (deportation) of the Tribunal Statute.
16 JUDGE JORDA: I would like Mr. Tadic and
17 Mr. Zaric to, one after the other, state whether he
18 pleads guilty or not guilty. Mr. Tadic?
19 THE ACCUSED TADIC: I plead not guilty.
20 JUDGE JORDA: Mr. Zaric?
21 THE ACCUSED ZARIC: Your Honour, I plead not
23 JUDGE JORDA: This count is presented also as
24 a grave breach.
25 THE REGISTRAR: Under Count 3: a grave
1 breach of the Geneva Conventions of 1949 (hereafter
2 Grave Breach) recognised by Article 2(g) (unlawful
3 deportation or transfer) of the Tribunal Statute.
4 JUDGE JORDA: Mr. Tadic?
5 THE ACCUSED TADIC: I plead not guilty.
6 JUDGE JORDA: And Mr. Zaric?
7 THE ACCUSED ZARIC: Your Honour, I plead not
9 JUDGE JORDA: Please continue with Counts 4
10 through 8.
11 THE REGISTRAR: Counts 4 through 8. Beatings
12 and Torture of Hasan Bicic, Muhamed Bicic, Perica
13 Misic, and Ibrahim Salkic.
14 32. One night between about 10 June and 3
15 July 1992, in the hallway of the gymnasium of the
16 Bosanski Samac primary school, Milan Simic, while in
17 the position of President of the Executive Board of the
18 Municipal Assembly of Bosanski Samac, and a member of
19 the Serb Crisis Staff, and accompanied by other Serb
20 men, beat Hasan Bicic, Muhamed Bicic, Perica Misic, and
21 Ibrahim Salkic with a variety of weapons. Milan Simic
22 kicked Hasan Bicic, Muhamed Bicic, Perica Misic, and
23 Ibrahim Salkic in their genitals and fired a shot over
24 the heads of Hasan Bicic, Muhamed Bicic, Perica Misic,
25 and Ibrahim Salkic.
1 JUDGE JORDA: This involves only Mr. Milan
2 Simic. I would ask, registrar, that you read Counts 4,
3 5, 6, 7, and 8, before I ask him to plead.
4 THE REGISTRAR: By these actions, Milan Simic
6 Count 4: a crime against humanity recognised
7 by Article 5(i) (inhumane acts) of the Tribunal
9 Count 5: a grave breach recognised by
10 Article 2(c) (wilfully causing great suffering) of the
11 Tribunal Statute;
12 Count 6: a violation of the laws or customs
13 recognised by Article 3 of the Tribunal Statute and
14 Article 3(1)(a) of the Geneva Conventions, cruel
16 Count 7: a crime against humanity recognised
17 by Article 5(f) of the Tribunal Statute (torture); and.
18 Count 8: a grave breach recognised by
19 Article 2(b) of the Tribunal Statute (torture or
20 inhumane treatment).
21 JUDGE JORDA: Mr. Simic, as to Counts 4, 5,
22 6, 7, and 8, do you plead guilty or do you plead not
24 THE ACCUSED SIMIC: I plead not guilty.
25 JUDGE JORDA: Registrar, would you move to
1 Counts 9 through 13?
2 THE REGISTRAR: Counts 9 through 13. Beating
3 and torture of Safet Hadzialijagic.
4 33. One night between about 1 June and 31
5 June 1992, in the hallway of the gymnasium of the
6 Bosanski Samac primary school, Milan Simic, while in
7 the position of President of the Executive Board of the
8 Municipal Assembly of Bosanski Samac, and a member of
9 the Serb Crisis Staff, and accompanied by other Serb
10 men, kicked Safet Hadzialijagic and beat him repeatedly
11 with a variety of weapons. Milan Simic placed the
12 barrel of his gun in Safet Hadzialijagic's mouth.
13 During the beating, the other Serb men who accompanied
14 Milan Simic repeatedly pulled down the victim's pants
15 and threatened to cut off his penis. During the course
16 of the beating, Milan Simic fired gun shots over the
17 head of Safet Hadzialijagic.
18 By these actions, Milan Simic committed:
19 Count 9: a crime against humanity recognised
20 by Article 5(i) of the Tribunal Statute (inhumane
22 Count 10: a grave breach recognised by
23 Article 2(c) of the Tribunal Statute (wilfully causing
24 great suffering);
25 Count 11: a violation of the laws or customs
1 recognised by Article 3 of the Tribunal Statute and
2 Article 3(1)(a) of the Geneva Conventions (cruel
4 Count 12: a crime against humanity,
5 recognised by Article 5(f) of the Tribunal Statute
7 Count 13: a grave breach recognised by
8 Article 2(b) of the Tribunal Statute (torture or
9 inhumane treatment).
10 JUDGE JORDA: Mr. Simic, do you plead guilty
11 or not guilty?
12 THE ACCUSED SIMIC: I plead not guilty.
13 JUDGE JORDA: I think we have completed now.
14 Very well. We are now going to prepare the work that
15 lies before us. As you know -- I am now turning to the
16 Defence counsel. You know that the preparation for the
17 trial was modified in respect of the new Rules of
18 Procedure and Evidence adopted by the Judges during the
19 last Plenary Session which took place in July.
20 Of course, there was a procedure for Status
21 Conferences already in existence. It was perfected as
22 much as possible and with the assistance of all the
23 Judges. The purpose was to accelerate the
24 proceedings. A Pre-Trial Judge was created -- I am not
25 sure that -- Mr. Fourmy, perhaps you have the new
1 text. A Pre-Trial Judge was created, which is now
2 found in Rule 65 ter. This Pre-Trial Judge may, at any
3 time, be designated by the Trial Chamber, and he was.
4 That is Judge Rodrigues. Therefore, from this point
5 on, it is to him that all of the arrangements for
6 preparations of the trial to ensure an expeditious
7 trial, as expeditious as possible, all contacts should
8 be made through him and also through the legal officer
9 of this Trial Chamber, Mr. Olivier Fourmy.
10 Let me remind you that the Pre-Trial Judge
11 has powers that are new and that are extensive,
12 including, as regards decisions over a certain number
13 of decisions or even motions, specifically those that
14 are covered by Rule 73, and I invite you to consult
15 that text.
16 The text should also be read in respect of a
17 new Rule, 73 bis and ter, which refer to Pre-Trial
18 conferences which should be held in the days preceding
19 the dates set for the trial.
20 I am speaking to you about this today --
21 Judge Rodrigues, of course, will go into further
22 details with you -- but I am doing so so that you
23 understand the measures and obligations that are
24 required both of the Prosecution and of the Defence,
25 and that will, from this point on, allow the Judges,
1 either the Pre-Trial Judge or the Judges who will rule
2 in the trial, it gives them a series of elements which
3 will concern, among other things, a brief which must
4 address the factual and legal issues, admissions by the
5 parties, and statements and other matters which are not
6 in dispute, or so at least we can know what the
7 disputes might be, a statement of contested matters of
8 fact and law, a list of witnesses, including the
9 estimated length of time required for each witness, and
10 a summary of all of the testimonies.
11 In respect of the Pre-Trial Judge, or should
12 Judge Rodrigues -- he is not here, but since he has
13 been working with Judge Riad in other cases under this
14 same system, I will report to you that from this point
15 forward, you are invited to point out points of
16 agreement or disagreement which means that under the
17 auspices of Mr. Fourmy, you should meet with one
18 another, and you can address to the Trial Chamber
19 written conclusions which will thus allow the Trial
20 Chamber to deal with the dossier in as short a form as
21 possible and will allow the Judges of the Tribunal to
22 organise the conduct of the trials and, of course, to
23 go to the most essential points.
24 The Pre-Trial Judge -- I am saying this for
25 the accused -- is not a Judge who works alone but one
1 who must report to the Trial Chamber, and as soon as
2 there is a serious disagreement, the Pre-Trial Judge
3 turns to the Trial Chamber because there is still the
4 text having to do with Status Conferences which we will
5 hold with three Judges present.
6 Before we finish, I would like to hear any
7 comments you have to make, but I would also like to say
8 to the registrar -- he will probably say that he is not
9 in a position to set the trial date today -- which
10 theoretically, at least, is indicated as something that
11 should be done under our Rules.
12 THE REGISTRAR: That's correct.
13 JUDGE JORDA: It's difficult to give you a
14 date today. If we have had changes in the text, there
15 is now a time period which has been shortened for
16 filing any possible preliminary motions. I believe now
17 it is 30 days, 30 days starting from today. Today is
18 the 3rd of September -- the 4th of September?
19 Therefore, gentlemen, you have until the 4th of October
20 to file any possible preliminary motions, and I ask
21 that you do it very quickly because these motions must
22 be answered by the Office of the Prosecutor.
23 You understand, of course ...
24 I have just been corrected. Thank you,
25 Mr. Fourmy. He tells me that, in fact, it's 30 days
1 from the day there is disclosure of documents, which
2 may raise some problems. Thank you, Mr. Fourmy, for
3 pointing this out.
4 I would like to turn to the Office of the
5 Prosecutor and ask where things stand in respect of
6 disclosure of documents as covered under Rule 66, that
7 is, the supporting materials for the indictment, or
8 under other time periods that the -- will be -- times
9 will be set by the Pre-Trial Judge.
10 Mr. Prosecutor, Mr. Niemann?
11 MR. NIEMANN: Your Honours, in relation to
12 discovery under Rule 66A(i), we have provided the
13 Defence with all the supporting material in the English
14 language. The other material is in the process of
15 being translated, and we are confident that the
16 translation process will be completed within the 30-day
17 time limit as is stipulated by Rule 66A(i).
18 We have also provided material under Rule 68,
19 and we will also provide material, under request, under
20 Rule 66B, pursuant to a request by the Defence, and we
21 anticipate that that, although a separate matter, will
22 probably be completed within the same 30-day period as
23 is required under Rule 66A(i). In other words, Your
24 Honours, the process of discovery is well-advanced, and
25 we envisage no difficulty complying with the time
1 limits as prescribed by the Rules in terms of handing
2 over translated material. As I say, the material has
3 been handed over, but not, as yet, translated.
4 That is our position, Your Honours.
5 JUDGE JORDA: Judge Rodrigues will set the
6 30-day time period from the date of disclosure of those
7 documents, unless we decide that the 30 days start
8 today. But here I would like to have the opinion of
9 Defence counsel. If they consider that they have
10 received all of the documents, if we can now set the
11 30-day time limit to start running from today.
12 Mr. Pantelic and then Mr. Pisarevic.
13 MR. PANTELIC: Your Honour, first of all,
14 thank you very much for these brief explanations about
15 new amended Rules on behalf of my colleagues as well as
16 our Defendants.
17 If I may bring your attention to some facts
18 during our engagement here as Defence counsel, well,
19 although, I think maybe we should proceed in closed
20 session at a Status Conference or I can give you more
21 details. I mean, Your Honour, it's your decision,
22 because now we are in a field of some procedural
23 questions, but ...
24 JUDGE JORDA: I am prepared to move to a
25 Status Conference since it has to do with the conduct
1 of the trial and given the fact that all of this
2 material will be given to Judge Rodrigues.
3 This part of the hearing today, having to do
4 with the plea of guilt or innocence, has been put into
5 the record as having been pleaded. Therefore, I can
6 now ask the registrar whether -- the Prosecutor sees no
7 problem in our moving into a Status Conference. Do you
8 have a problem with that, Mr. Prosecutor?
9 MR. NIEMANN: No.
10 JUDGE JORDA: Very well. Thank you. Very
11 well. We're going to move into a closed session now.