Page 1
1 Tuesday, 3 July 2001
2 [Initial Appearance]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 10.02 a.m.
6 JUDGE MAY: Yes. Let the registrar call the case.
7 THE REGISTRAR: Good morning, Your Honours. Case number
8 IT-99-37-I, the Prosecutor versus Slobodan Milosevic.
9 JUDGE MAY: The appearances.
10 MS. DEL PONTE: Yes, good morning, Your Honours, Carla Del Ponte,
11 Chief Prosecutor, appearing for the Prosecution. Assisting me, my Senior
12 Trial Attorney, Dirk Ryneveld, along with Cristina Romano, Milbert Shin,
13 and Daniel Saxon. Thank you, Your Honour.
14 JUDGE MAY: This is the Initial Appearance of the accused in this
15 case upon his transfer to the Tribunal. The hearing is to be conducted in
16 accordance with the Rules of Procedure and Evidence of the Tribunal,
17 Rule 62.
18 Mr. Milosevic, I see that you're not represented by counsel
19 today. We understand that this is of your own choice. You do have the
20 right, of course, to defend yourself. You also have a right to counsel,
21 and you should consider carefully whether it's in your own best interests
22 not to be represented. These proceedings will be long and complex and you
23 may wish to reconsider the position.
24 In these circumstances, if you wish to have time to consider
25 whether you want to have counsel or not, we would be prepared to give it
Page 2
1 to you. Now, do you want some time to consider now whether you wish to be
2 represented?
3 THE ACCUSED: I consider this Tribunal a false Tribunal and the
4 indictment a false indictment. It is illegal being not appointed by the
5 UN General Assembly, so I have no need to appoint counsel to illegal
6 organ.
7 JUDGE MAY: Mr. Milosevic, in due course, you will have the chance
8 to put in motions challenging the jurisdiction or any other preliminary
9 matters which you wish to do. We take it that you wish to proceed without
10 counsel, although it's a matter which you may wish to reconsider in due
11 course. This Initial Appearance is simply to deal with these matters;
12 first of all, the indictment itself and, secondly, for you, if you wish,
13 to enter your pleas of guilty or not guilty to it.
14 The first matter is the indictment. As you may know, you have the
15 right to have the indictment read out now in court before you plead to it.
16 This is a right which you may also waive. Now, do you want to have the
17 indictment read out or not?
18 THE ACCUSED: That's your problem.
19 JUDGE MAY: Mr. Milosevic, you are now before this Tribunal and
20 you are within the jurisdiction of it. You will be tried by the
21 Tribunal. You will be accorded the full rights of the accused according
22 to international law and the full protections of international law and the
23 Statute.
24 THE ACCUSED: [Interpretation] Mr. President --
25 JUDGE MAY: Just one moment, please.
Page 3
1
2
3
4
5
6
7
8
9
10
11
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
14
15
16
17
18
19
20
21
22
23
24
25
Page 4
1 [Trial Chamber confers]
2 JUDGE MAY: The Trial Chamber will treat your response as a waiver
3 of your right to have the indictment read out.
4 The next part of the procedure is to move towards having that
5 indictment put to you. Mr. Milosevic, you may, if you wish, have time to
6 consider your plea. The Rule allows you up to 30 days to do so, if you
7 don't understand the matters of which to plead or you wish to consult
8 counsel before entering a plea. On the other hand, you may enter a plea
9 today.
10 Now, do you want to enter pleas today or are you asking for an
11 adjournment to consider the matter further?
12 THE ACCUSED: [Interpretation] This trial's aim is to produce false
13 justification for the war crimes of NATO committed in Yugoslavia.
14 JUDGE MAY: Mr. Milosevic, I asked you a question. Do you wish to
15 enter your pleas today or are you asking for an adjournment to consider
16 the matter further?
17 THE ACCUSED: [Interpretation] I have given you my answer.
18 Furthermore, this so-called Tribunal ...
19 [Trial Chamber confers]
20 JUDGE MAY: The Rules state that if an accused fails to enter a
21 plea, then the Trial Chamber shall enter a plea of not guilty on his
22 behalf. Mr. Milosevic, we treat your response as a failure to enter a
23 plea, and we shall enter pleas of not guilty on each count on your behalf.
24 THE ACCUSED: [Interpretation] As I have said, the aim of this
25 Tribunal is to justify the crimes committed in Yugoslavia. That is why
Page 5
1 this is a false Tribunal --
2 JUDGE MAY: Mr. Milosevic, this is not --
3 THE ACCUSED: [Interpretation] -- an illegitimate one.
4 THE INTERPRETER: I'm sorry, the microphone is not on.
5 JUDGE MAY: Mr. Milosevic, this is not the time for speeches. As
6 I have said, you will have full opportunity in due course to defend
7 yourself and to make your defence before the Tribunal. This is not the
8 moment to do so.
9 This matter is now adjourned. The next hearing will be a Status
10 Conference which will take place the week commencing the 27th of August,
11 unless the Trial Chamber orders an earlier hearing. The matter is now
12 adjourned.
13 --- Whereupon the Initial Appearance adjourned
14 at 10.13 a.m.
15
16
17
18
19
20
21
22
23
24
25