Page 1
1 Thursday, 25 October 2001
2 [Initial appearance]
3 [Open session]
4 --- Upon commencing at 4.06 p.m.
5 [The accused entered court]
6 JUDGE RODRIGUES: [Interpretation] You may be seated, General.
7 First of all, I would like to say good afternoon to the people
8 working in the technical booth, and to be sure that everybody can hear
9 me.
10 General, do you hear me?
11 THE ACCUSED STRUGAR: [Interpretation] Yes.
12 JUDGE RODRIGUES: [Interpretation] Very well. Thank you. I would
13 also say good afternoon to the public following our proceedings. This is
14 a pre-trial part of the trial, that is, the initial appearance of General
15 Strugar, which is covered by Rule 62 of the Rules.
16 Madam Registrar, would you please call the case.
17 THE REGISTRAR: Good afternoon, Your Honour. This is case number
18 IT-01-42-I, the Prosecutor versus Pavle Strugar.
19 JUDGE RODRIGUES: [Interpretation] Thank you. I now turn to the
20 Prosecution. Madam, would you please give us the appearances for the
21 Prosecution.
22 MS. KORNER: Joanna Korner and Marie Tuma, helped by Ms. Walpita
23 for the Prosecution, Your Honour.
24 JUDGE RODRIGUES: [Interpretation] Thank you.
25 I now turn to the Defence. Would you introduce yourself, sir,
Page 2
1 tell us what Bar you are a member of, and what your credentials are to
2 appear at the Tribunal.
3 MR. RODIC: [Interpretation] Good afternoon, Your Honour. I'm
4 Goran Rodic, counsellor from Podgorica, from the Montenegrin Bar, and
5 before this Tribunal, I worked as a legal counsellor in the case of Kvocka
6 and others, assisting counsel Prcac; and I also worked on the defence of
7 Damir Dosen; and I am now acting as counsellor for Mr. Pavle Strugar.
8 JUDGE RODRIGUES: [Interpretation] Thank you very much. You may
9 now be seated.
10 Madam Registrar, are Mr. Rodic's credentials in order?
11 THE REGISTRAR: Yes, Your Honour.
12 JUDGE RODRIGUES: [Interpretation] Thank you. Mr. Rodic, has
13 General Strugar received a copy of the indictment in his own language, and
14 were you able to read out -- read and explain the charges against him?
15 MR. RODIC: [Interpretation] Your Honour, upon his arrival to The
16 Hague, Mr. Strugar has been in the detention unit. And on the 21st of
17 October, he received the original of the indictment, and he has studied
18 this copy in detail. We did this together. And as he communicated to me,
19 he understands all the elements of the indictment, all the charges, and he
20 is aware of all these facts.
21 JUDGE RODRIGUEZ: [Interpretation] Very well. You may be seated.
22 Thank you.
23 I now turn to the general who is appearing today further to an
24 indictment against him. General Strugar, would you rise, please. Would
25 you answer the following questions that I'm going to ask: What is your
Page 3
1 family name and your given name?
2 THE ACCUSED STRUGAR: [Interpretation] Your Honour, my name is
3 Pavle Strugar.
4 JUDGE RODRIGUEZ: [Interpretation] Could you tell us the date and
5 place of your birth.
6 THE ACCUSED STRUGAR: [Interpretation] I was born on the 13th of
7 July, 1933, in Pec, in present-day Kosovo.
8 JUDGE RODRIGUEZ: [Interpretation] What was your profession before
9 your retirement?
10 THE ACCUSED STRUGAR: [Interpretation] Before I retired, I was a
11 professional soldier, lieutenant-general by rank.
12 JUDGE RODRIGUEZ: [Interpretation] And what was your residence
13 before coming here, General Strugar?
14 THE ACCUSED STRUGAR: [Interpretation] I resided in Podgoraci. My
15 sons are in Belgrade so that my wife and I, who are both old people, often
16 spend time in Belgrade.
17 JUDGE RODRIGUEZ: [Interpretation] From what you are saying, I
18 understand that you are married and that you have children. Is that
19 correct?
20 THE ACCUSED STRUGAR: [Interpretation] That is correct; I have two
21 sons.
22 JUDGE RODRIGUEZ: [Interpretation] Very well. You may be seated,
23 General.
24 General Strugar, this is your initial appearance before the
25 Tribunal. It is a formality, of course, but it is important. And you
Page 4
1 must be present here with your counsel because you have the opportunity to
2 hear the charges which the Office of the Prosecutor has made against you.
3 So that things are clear, I will first ask the Registrar to recall the
4 constituent text which give to you a certain number of rights and which
5 will then allow us to move into the formality of this present appearance.
6 Madam Registrar, would you read the relevant text, that is
7 Article 20, 21 of the statute, and Rule 62 of the Rules.
8 THE REGISTRAR: Yes, Mr. President.
9 Article 20: Commencement and conduct of trial proceedings.
10 The Trial Chambers shall ensure that a trial is fair and
11 expeditious and that proceedings are conducted in accordance with the
12 rules of procedure and evidence, with full respect for the rights of the
13 accused and due regard for the protection of victims and witnesses.
14 A person against whom an indictment has been confirmed shall,
15 pursuant to an order or an arrest warrant of the International Tribunal,
16 be taken into custody, immediately informed of the charges against him and
17 transferred to the International Tribunal.
18 The Trial Chamber shall read the indictment, satisfy itself that
19 the rights of the accused are respected, confirm that the accused
20 understands the indictment, and instruct the accused to enter a plea. The
21 Trial Chamber shall then set the date for trial.
22 The hearings shall be public unless the Trial Chamber decides to
23 close the proceedings in accordance with its rules of procedure.
24 Article 21, rights of the accused:
25 All persons shall be equal before the International Tribunal.
Page 5
1 In the determination of charges against him, the accused shall be
2 entitled to a fair and public hearing, subject to article 22 of the
3 Statute.
4 The accused shall be presumed innocent until proved guilty
5 according to the provisions of the present Statute.
6 In the determination of any charge against the accused pursuant to
7 the present Statute, the accused shall be entitled to the following
8 minimum guarantees, in full equality:
9 (a) to be informed promptly and in detail in a language which he
10 understands of the nature and cause of the charge against him;.
11 (b) to have adequate time and facilities for the preparation of
12 his defence and to communicate with counsel of his own choosing;.
13 (c) to be tried without undue delay;
14 (d) to be tried in his presence, and to defend himself in person
15 or through legal assistance of his own choosing; to be informed, if he
16 does not have legal counsel, of this right; and to have legal assistance
17 assigned to him, in any case where the interests of justice so require,
18 and without payment by him in any such case if he does not have sufficient
19 means to pay for it;
20 (e) to examine, or have examined, the witnesses against him and to
21 obtain the attendance and examination of witnesses on his behalf under the
22 same conditions as witnesses against him;
23 (f) to have the free assistance of an interpreter if he cannot
24 understand or speak the language of the International Tribunal;
25 (g) not to be compelled to testify against himself or to confess
Page 6
1 guilt.
2 JUDGE RODRIGUES: [Interpretation] General Strugar, would you rise,
3 please. We are now going to move into the major formality of this
4 appearance of yours today, which is to know whether you wish to plead
5 guilty or not guilty to each of the counts. However, before that, I have
6 to ask you a few questions, General.
7 Have you received the indictment in your own language?
8 THE ACCUSED STRUGAR: [Interpretation] Yes, Your Honour. I have
9 received the indictment in the Serbian language.
10 JUDGE RODRIGUES: [Interpretation] Have you understood the contents
11 of the indictment?
12 THE ACCUSED STRUGAR: [Interpretation] Yes, I have.
13 JUDGE RODRIGUES: [Interpretation] Have you been able to discuss it
14 with your attorney?
15 THE ACCUSED STRUGAR: [Interpretation] Yes. We discussed it
16 several times, and the indictment is clear to me.
17 JUDGE RODRIGUES: [Interpretation] Are you prepared today to tell
18 us whether you are pleading guilty or not guilty to each count, or would
19 you prefer to do this within the next 30 days?
20 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I have read the
21 indictment in its entirety. It is clear to me, and I plead not guilty.
22 JUDGE RODRIGUES: [Interpretation] This means, General, that you
23 agree to plead today. That's -- am I to understand that?
24 THE ACCUSED STRUGAR: [Interpretation] Yes. I would like to plead
25 today.
Page 7
1 JUDGE RODRIGUES: [Interpretation] Very well. Are you going to
2 plead to all the counts, or only to one or several of them?
3 THE ACCUSED STRUGAR: [Interpretation] I am ready to plead on all
4 counts of the indictment, that I am to plead not guilty.
5 JUDGE RODRIGUES: [Interpretation] For the moment, you may be
6 seated, General.
7 I now turn to Mr. Rodic to make a proposal. I suggest that we
8 proceed as follows: The registrar will read parts of the indictment, and
9 when we reach the counts, I will ask the general whether he is pleading
10 guilty or not guilty. Do you agree with that way of proceeding,
11 Mr. Rodic?
12 MR. RODIC: [Interpretation] Your Honour, the Defence agrees with
13 this proposal completely.
14 JUDGE RODRIGUES: [Interpretation] Very well. Is there any
15 objection by the Prosecutor? Madam Korner?
16 MS. KORNER: No, Your Honour.
17 JUDGE RODRIGUES: [Interpretation] Madam Registrar, would you
18 please read out the indictment. And by that, I mean the short
19 introduction and the following paragraphs: 1, 5, 9 to 21, 23 to 27, 29 to
20 31, and 33 to 36.
21 THE REGISTRAR: Yes, Your Honour. The Prosecutor of the
22 International Criminal Tribunal for the Former Yugoslavia, pursuant to her
23 authority under Article 18 of the Statute of the International Criminal
24 Tribunal for the Former Yugoslavia, the statute of the Tribunal, charges
25 Pavle Strugar and others with grave breaches of the Geneva Conventions and
Page 8
1 violations of the laws or customs of war as set forth below.
2 Pavle Strugar was born on the 13th of July, 1933, in Pec in
3 present-day Kosovo. He graduated from the Military Academy for the Ground
4 Forces in 1952 and was thereafter assigned to various Yugoslav People's
5 Army, the JNA, in post Slovenia and Serbia. He subsequently was promoted
6 to major general and was named commander of the Military Academy for
7 Ground Forces. In 1987, he was made the commander of Territorial Defence
8 Forces in Montenegro. In December 1989, he was promoted to
9 lieutenant-general. In October 1991, he was named as the commander of the
10 2nd operational group which was formed by the JNA to conduct the military
11 campaign against Dubrovnik, region of Croatia. On August 26, 1993, he was
12 retired from the Yugoslav Army, the VJ.
13 Individual criminal responsibility: As commander of the JNA 2nd
14 operational group set up to conduct the Dubrovnik campaign, General Pavle
15 Strugar exercised both formal and de facto power over the forces under his
16 command. The various component forces of the JNA involved in the
17 Dubrovnik campaign were organised into the 2nd operational group which was
18 formed from the headquarters of the Montenegrin Territorial Defence in
19 Titograd, now Podgorica. The commander of the operational group was
20 Lieutenant-General Pavle Strugar. His deputy was Colonel Radomir
21 Damjanovic, who is now deceased. The operational group headquarters were
22 established at Trebinje, Bosnia-Herzegovina.
23 The primary component of the 2nd operational group were the 2nd
24 Titograd Corps and the 9th VPS, augmented by Montenegrin Territorial
25 Defence Forces, although these forces were comprised of approximately
Page 9
1 20.000 to 35.000 troops. As an officer, in the command function in the
2 JNA, Pavle Strugar was bound by the regulations of the JNA as set out in
3 the Strategy of Armed Conflict, 1983; the Law on All People's Defence,
4 1982; the Law on Service in the Armed Forces, 1985; the Rules of Service,
5 1985; and the Regulations on the Application of the International Law of
6 War on the Armed Forces of the SFRY, 1988. These regulations governed the
7 roles and responsibility of JNA officers, set out their position in the
8 chain of command, and obligated this officer and his subordinates to
9 observe the laws of war.
10 General Allegations: All acts and omissions alleged in this
11 indictment occurred between the 1st of October and the 31st of December,
12 1991, of the territory of the Republic of Croatia. At all times relevant
13 to this indictment, a state of international armed conflict and partial
14 occupation existed in Croatia. All acts and omissions charged as grave
15 breaches of the Geneva Conventions of 1949 occurred during the armed
16 conflict and partial occupation of Croatia. At all times relevant to this
17 indictment, Pavle Strugar and others were required to abide by the laws
18 and customs of armed conflicts, including the Geneva Conventions of 1949
19 and the additional protocols thereto. Pavle Strugar and others are
20 individually responsible for the crimes alleged against them in this
21 indictment pursuant to Article 7-1 of the Statute of the Tribunal,
22 individual criminal responsibility, including planning, instigating,
23 ordering and committing, or otherwise aiding and abetting in the planning,
24 preparation, or execution of any crimes referred to in Articles 2 to 5 of
25 the Statute of the Tribunal.
Page 10
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 11
1 Pavle Strugar, while holding the position of superior authority as
2 set out in the preceding paragraph, is also criminally responsible for the
3 acts of his subordinates, pursuant to Article 7-3 of the Statute of the
4 Tribunal. A superior is responsible for the acts of his subordinates if
5 he knew, or had reason to know, that his subordinates were about to commit
6 such acts, or has done or had done so, and the superior failed to take the
7 necessary and reasonable measures to prevent such acts or to punish the
8 perpetrators thereof.
9 Counts: Between the 1st of October 1991 and the 7th of December,
10 1991, Pavle Strugar, acting individually or in concert with others,
11 participated in the below-charged crimes in order to secure control of
12 those areas of Croatia that were intended for inclusion in the so-called
13 Dubrovnik Republic. It was the objective of the JNA and the Serbian and
14 the Montenegrin governments to detach this area from Croatia and to annex
15 it to Serbia, Montenegro, and other areas intended for Serb control in
16 Croatia and Bosnia.
17 The area designated by the Serbian and Montenegrin governments as
18 the Dubrovnik Republic included all of the territory of the municipality
19 of Dubrovnik as it existed in 1991.
20 The Dubrovnik region: This area comprised the coastal regions of
21 Croatia between the town of Neum, Bosnia-Herzegovina, in the northwest and
22 the Montenegrin border in the southeast. In order to achieve this
23 objective, JNA forces under the command of Pavle Strugar and others
24 launched an attack against the Dubrovnik region of Croatia from
25 Montenegro, Bosnia-Herzegovina and from the Adriatic Sea. The forces
Page 12
1 under their command included regular JNA army, air and naval units, as
2 well as Territorial Defence units from Montenegro, paramilitary units and
3 special police units that were subordinated to the JNA.
4 The JNA forces commanded by Pavle Strugar and others launched the
5 attack against the Dubrovnik region on the 1st of October, 1991. The land
6 attack was accompanied by the imposition of a blockade by the Yugoslav
7 navy. The JNA forces met little resistance from the lightly-armed
8 Croatian defence forces. The JNA seized territory to the southeast and
9 northwest of the city of Dubrovnik and effectively surrounded the city
10 itself within two weeks.
11 Counts 1 to 9: Murder, cruel treatment, attacks on civilians.
12 From the 1st of October 1991 until the 6th of December, 1991,
13 Pavle Strugar, acting individually or in concert with others, planned,
14 instigated, ordered, committed or otherwise aided and abetted the killings
15 of 43 civilians and the wounding of numerous others in and around the city
16 of Dubrovnik through acts of unlawful shelling conducted by forces under
17 his command. Included among these killed and wounded civilians are the
18 victims of the attacks described in paragraphs 25, 26 and 27. The names
19 of the deceased are set out in Schedule I, which is attached to and made
20 part of this indictment.
21 The acts of shelling the city of Dubrovnik and its environs were
22 perpetrated by JNA troops who controlled the high ground to the east and
23 north of Dubrovnik. From Zarkovica and other locations above Dubrovnik,
24 the JNA forces enjoyed an unobstructed view over the city. From these
25 positions and from naval vessels offshore, the JNA engaged in acts of
Page 13
1 unlawful shelling of the city over a two-month period.
2 On 7 October, 1991, JNA forces under the command of Pavle Strugar
3 and others shelled the town of Mokosica, a residential suburb of
4 Dubrovnik. At the entrance to a civil defence shelter in Mokosica, nine
5 civilians were killed and numerous others were wounded by the JNA
6 shelling. The names of the deceased are set out in Schedule I which is
7 attached to and made part of this indictment.
8 By these acts and omissions, Pavle Strugar participated in:
9 Count 1: Murder, a violation of the laws or customs of war as
10 recognised by common Article 3(1)(A) of the Geneva Conventions of 1949,
11 punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
12 Tribunal.
13 JUDGE RODRIGUES: [Interpretation] General, would you rise,
14 please. Do you plead guilty or not guilty to count 1?
15 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
16 guilty of this count. In future proceedings, my Defence counsel will
17 prove to you that this is correct.
18 JUDGE RODRIGUES: [Interpretation] Very well. For the time being,
19 we simply wish to know whether you are pleading guilty or not guilty, and
20 you said that you were pleading not guilty. Please remain standing.
21 Count 2, Madam Registrar.
22 THE REGISTRAR: Count 2: Cruel treatment, a violation of the laws
23 or customs of war as recognised by common Article 3(1)(A) of the Geneva
24 Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3) of the
25 Statute of the Tribunal.
Page 14
1 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
2 not guilty to that count, that is count 2?
3 THE ACCUSED STRUGAR: [Interpretation] Your Honour, not guilty.
4 JUDGE RODRIGUES: [Interpretation] Very well. Count 3, please.
5 THE REGISTRAR: Count 3: Attacks on civilians, a violation of the
6 laws or customs of war as recognised by Article 51 of Additional Protocol
7 I and Article 13 of Additional Protocol II to the Geneva Conventions of
8 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
9 Tribunal.
10 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
11 not guilty to this count, count 3?
12 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
13 guilty.
14 JUDGE RODRIGUES: [Interpretation] Very well. You may be seated
15 now, General.
16 Please continue, Madam Registrar.
17 THE REGISTRAR: Between the 9th and 12th of November, 1991, JNA
18 forces under the command of Pavle Strugar and others unlawfully shelled
19 all areas of the city of Dubrovnik. Ten civilians were killed and
20 numerous others were wounded by the JNA shelling. The names of the
21 deceased are set out in Schedule 1, which is attached to and made part of
22 this indictment. By these acts and omissions, Pavle Strugar participated
23 in --
24 JUDGE RODRIGUEZ: [Interpretation] General, would you rise,
25 please.
Page 15
1 THE REGISTRAR: -- Count 4: Murder, a violation of the laws or
2 customs of war as recognised by Common Article 3(1)(A) of the Geneva
3 Conventions of 1949, punishable under Article 3 and 7(1) and 7(3) of the
4 Statute of the Tribunal.
5 JUDGE RODRIGUEZ: [Interpretation] General, do you plead guilty or
6 not guilty to count 4?
7 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
8 guilty.
9 JUDGE RODRIGUEZ: [Interpretation] Very well.
10 THE REGISTRAR: Count 5: Cruel treatment, a violation of the law
11 or customs of war as recognised by common Articles 3(1)(A) of the Geneva
12 Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3) of the
13 Statutes of the Tribunal.
14 JUDGE RODRIGUEZ: [Interpretation] General, do you plead guilty or
15 not guilty to count 5?
16 THE ACCUSED STRUGAR: [Interpretation] Not guilty.
17 JUDGE RODRIGUEZ: [Interpretation] Very well.
18 THE REGISTRAR: Count 6: Attacks on civilians, a violation of the
19 laws or customs of war as recognised by Article 51 of Additional
20 Protocol 1, and Article 13 of Additional Protocol 2 to the Geneva
21 Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3) of the
22 Statute of the Tribunal.
23 JUDGE RODRIGUEZ: [Interpretation] General Strugar, do you plead
24 guilty or not guilty to count 6?
25 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
Page 16
1 guilty.
2 JUDGE RODRIGUEZ: [Interpretation] You may be seated for the moment
3 so you can rest.
4 Please proceed, Madam Registrar.
5 THE REGISTRAR: On the 6th of December, 1991, JNA forces, under
6 the command of Pavle Strugar and others, unlawfully shelled all areas of
7 the city of Dubrovnik. 14 civilians were killed and numerous others were
8 wounded by the JNA shelling. The names of the deceased are set out in
9 Schedule 1, which is attached to and made part of this indictment.
10 By these acts and omissions, Pavle Strugar participated in --
11 JUDGE RODRIGUEZ: [Interpretation] Please rise, General.
12 THE REGISTRAR: -- Count 7: Murder, a violation of the laws or
13 customs of war as recognised by Common Article 3(1)(A) of the Geneva
14 Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3) of the
15 Statute of the Tribunal.
16 JUDGE RODRIGUEZ: [Interpretation] General Strugar, do you plead
17 guilty or not guilty to count 7?
18 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
19 guilty.
20 JUDGE RODRIGUEZ: [Interpretation] Very well.
21 THE REGISTRAR: Count 8: Cruel treatment, a violation of the laws
22 or customs of war as recognised by Common Articles 3(1)(A) of the Geneva
23 Conventions of 1949 and punishable under Articles 3 and 7(1) and 7(3) of
24 the Statute of the Tribunal.
25 JUDGE RODRIGUEZ: [Interpretation] General, do you plead guilty or
Page 17
1 not guilty to count 8?
2 THE ACCUSED STRUGAR: [Interpretation] I plead not guilty.
3 JUDGE RODRIGUEZ: [Interpretation] Very well.
4 THE REGISTRAR: Count 9: Attacks on civilians, a violation of the
5 laws or customs of war as recognised by Article 51 of Additional
6 Protocol I, and Article 13 of Additional Protocol 2 to the Geneva
7 Conventions of 1949, punishable under Articles 3, 7(1), 7(3) of the
8 Statute of the Tribunal.
9 JUDGE RODRIGUEZ: [Interpretation] General, do you plead guilty or
10 not guilty to count 9?
11 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
12 guilty.
13 JUDGE RODRIGUEZ: [Interpretation] You may be seated for the
14 moment, General.
15 Madam Registrar, would you proceed, please.
16 THE REGISTRAR: Count 10 through 12: Unjustified devastation,
17 unlawful attacks on civilian objects, destruction or wilful damage to
18 historic monuments and institutions dedicated to religion.
19 Between the 1st of October, 1991, and the 6th of December, 1991,
20 Pavle Strugar, acting individually or in concert with others, planned,
21 instigated, ordered, committed or otherwise aided and abetted in the
22 destruction or wilful damage to dwellings and other buildings in the city
23 of Dubrovnik. The JNA positions on the high ground to the east and north
24 of Dubrovnik provided them with an unobstructed view of the city and its
25 environs. From these positions, and from naval vessels offshore, the JNA
Page 18
1 forces under the command of Pavle Strugar and others engaged in unlawful
2 shelling of civilian targets in Dubrovnik including, but not limited to,
3 the following attacks: The shelling on the 23rd to the 24th of October,
4 1991, of the city of Dubrovnik during which the Old Town area was targeted
5 for the first time. The shelling on 8th to the 13th of November, 1991, of
6 the entire city of Dubrovnik during which the Old Town, Lapad and Gruz
7 were targeted. A number of buildings in the Old Town were damaged, as
8 were hotels housing refugees and other civilian structures in other parts
9 of the city.
10 The shelling on the 6th of December, 1991, of the entire city of
11 Dubrovnik but during which the Old Town area was specifically targeted.
12 At least six buildings in the Old Town were destroyed in their entirety,
13 and hundreds more suffered damage. Hotels, housing refugees, and other
14 civilian structures were severely damaged or destroyed in other parts of
15 Dubrovnik, but specifically in the Lapad and Babin Kuk areas.
16 During the course of the attacks on Dubrovnik between the 1st of
17 October, 1991, and the 6th of December, 1991, approximately a thousand
18 shells fired by the JNA forces impacted in the Old Town area in the city.
19 The Old Town district of Dubrovnik was a UNESCO World Cultural Site in its
20 entirety.
21 A number of the buildings in the old town and the towers on the
22 city walls were marked with symbols mandated by The Hague Convention on
23 the Protection of Cultural Property in the Event of Armed Conflict, 1954.
24 No military targets were located on or within the walls of the old town.
25 By these acts and omissions, Pavle Strugar participated in --
Page 19
1 JUDGE RODRIGUES: [Interpretation] General, would you rise,
2 please.
3 THE REGISTRAR: -- Count 10: Devastation not justified by
4 military necessity, a violation of the laws or customs of war, punishable
5 under Articles 3(b) and 7(1) and 7(3) of the Statute of the Tribunal.
6 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
7 not guilty to count 10?
8 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
9 guilty.
10 JUDGE RODRIGUES: [Interpretation] Very well. Proceed, please.
11 THE REGISTRAR: Count 11: Unlawful attacks on civilian objects, a
12 violation of the laws or customs of war as recognised by Article 52 of
13 Additional Protocol I to the Geneva Conventions of 1949, punishable under
14 Article 3 and 7(1) and 7(3) of the Statute of the Tribunal.
15 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
16 not guilty to count 11?
17 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
18 guilty.
19 THE REGISTRAR: Count 12: Destruction or wilful damage done to
20 institutions dedicated to religion and to historic monuments, a violation
21 of the laws or customs of war, punishable under Articles 3(d) and 7(1) and
22 7(3) of the Statute of the Tribunal.
23 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
24 not guilty to count 12, 11 being the one read before that?
25 THE ACCUSED STRUGAR: [Interpretation] Your Honour, I plead not
Page 20
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 21
1 guilty.
2 JUDGE RODRIGUES: [Interpretation] General you may be seated for
3 the time being to rest.
4 Madam Registrar, would you continue.
5 THE REGISTRAR: Counts 13 to 16: Extensive destruction and
6 appropriation of property, wanton destruction of villages, destruction or
7 wilful damage done to institutions dedicated to education and religion,
8 plunder of public or private property.
9 In October of 1991, the JNA forces under the command of Pavle
10 Strugar and others seized and occupied Croatian territory in the proximity
11 of the city of Dubrovnik. This part of the Dubrovnik region included, in
12 whole or in part, the areas of Konavle, Zupa Dubravacka and Primorje.
13 Croatian forces defending these areas were small in number and were
14 lightly armed, consisting primarily of local villagers mobilised shortly
15 before the attack. Any resistance that the Croats offered to the
16 attacking JNA forces was quickly overcome, and they then withdrew back
17 toward the city of Dubrovnik. As a result, the JNA took control of the
18 area without having to engage in intense combat.
19 After JNA forces occupied the areas surrounding Dubrovnik, troops
20 under the command of Pavle Strugar and others systematically plundered
21 public, commercial and private property in the areas under their control.
22 Much of this property was transported to Montenegro in JNA military
23 vehicles, and the army therefore instituted measures to track and maintain
24 the looted property.
25 JNA forces also systematically destroyed public, commercial and
Page 22
1 religious buildings as well as private dwellings in the areas around
2 Dubrovnik. This destruction took place after the cessation of fighting
3 when the areas were securely under the control of the JNA. Villages in
4 the occupied areas that were extensively damaged or were totally destroyed
5 include, but are not limited to: Brgat, occupied by the JNA on or about
6 the 24th of October, 1991; Cilipi, occupied by the JNA on or about the 6th
7 of October, 1991; Dubravacka, occupied by the JNA on or about the 2nd of
8 October, 1991; Gruda, occupied by the JNA on or about the 4th of October,
9 1991; Mocici, occupied by the JNA on or about the 6th of October, 1991;
10 Osojnik, occupied by the JNA on or about the 18th of October, 1991; Slano,
11 occupied by the JNA on or about the 4th of October, 1991; and Zvekovica,
12 occupied by the JNA on or about the 7th of October, 1991.
13 By these acts and omissions, Pavle Strugar has participated in --
14 JUDGE RODRIGUES: [Interpretation] Would you rise, please,
15 General.
16 THE REGISTRAR: -- Count 13: Extensive destruction and
17 appropriation of property not justified by military necessity and carried
18 out unlawfully and wantonly, a grave breach of the Geneva Conventions of
19 1949, punishable under Articles 2(d), 7(1) and 7(3) of the Statute of the
20 Tribunal.
21 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
22 not guilty to Count 13?
23 THE ACCUSED STRUGAR: [Interpretation] Not guilty, Your Honour.
24 THE REGISTRAR: Count 14: Wanton destruction of villages or
25 devastation not justified by military necessity, a violation of the laws
Page 23
1 or customs of war, punishable under Articles 3(b) and 7(1) and 7(3) of the
2 Statute of the Tribunal.
3 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
4 not guilty to Count 14?
5 THE ACCUSED STRUGAR: [Interpretation] Not guilty, Your Honour.
6 THE REGISTRAR: Count 15: Destruction or wilful damage done to
7 institutions dedicated to education or religion, a violation of the laws
8 or customs of war, punishable under Articles 3(d) and 7(1) and 7(3) of the
9 Statute of the Tribunal.
10 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
11 not guilty to Count 15?
12 THE ACCUSED STRUGAR: [Interpretation] Not guilty, Your Honour.
13 THE REGISTRAR: Count 16: Plunder of public or private property,
14 a violation of the laws or customs of war, punishable under Articles 3(e)
15 and 7(1) and 7(3) of the Statute of the Tribunal.
16 JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or
17 not guilty to Count 16?
18 THE ACCUSED STRUGAR: [Interpretation] Not guilty, Your Honour.
19 JUDGE RODRIGUES: [Interpretation] General, you may be seated.
20 We have noted that General Pavle Strugar has pleaded not guilty to
21 all the counts. Madam Registrar, please take note that General Pavle
22 Strugar has pleaded guilty -- not guilty to all of the counts.
23 I would now like to turn to the Office of the Prosecutor to recall
24 several points. Madam Korner, in respect of Rule 66 of the Rules, that
25 is, disclosure by the Prosecutor, have you already carried out the
Page 24
1 disclosure or are you doing so at this time?
2 MS. KORNER: We have given today, not to Mr. Rodic but to his
3 partner, I believe, Mr. Petrovic, to whom I've spoken, the supporting
4 materials. They are not yet translated. I wouldn't like to guarantee
5 they will be translated 30 days, knowing the state of the translation
6 department as I do. But the actual materials in English have been given
7 to the Defence.
8 JUDGE RODRIGUEZ: [Interpretation] Very well. You may be seated.
9 I turn to Mr. Rodic. Pursuant to Rule 72 of the Rules, as you know,
10 preliminary motions must be filed in writing, at the latest, 30 days after
11 the Prosecutor has disclosed to the Defence all the supporting materials
12 and statements under Rule 66. In light of the case law of the Tribunal
13 and the indictment, I have two questions to ask: Do you have anything to
14 say in respect of what Madam Joanna Korner has just said, and do you
15 intend to file any preliminary motions, or is it too early to answer those
16 questions?
17 MR. RODIC: [Interpretation] Your Honour, it's true that my learned
18 friends from the Prosecution handed the supporting materials to the
19 Defence just before this initial appearance. I saw this material. It is
20 in the English language, the working language of the Tribunal. And I will
21 sign to having received it after we are done.
22 But even before you put this question, I intended to clarify, to
23 make it absolutely clear that the Defence will submit its preliminary
24 motion as to certain deficiencies in the indictment. But we believe that
25 the time allowed for filing this should run from the day when these
Page 25
1 materials are delivered to the accused in the language that he
2 understands. Because it is on the basis of that that we will be preparing
3 our preliminary motion.
4 JUDGE RODRIGUEZ: [Interpretation] Very well. Mr. Rodic, you may
5 be seated.
6 Having heard this, Madam Korner, do you have any idea about when
7 you will have these documents translated?
8 MS. KORNER: Your Honour, I don't. I know that Your Honour and
9 everyone else in this Tribunal are aware of the appalling difficulties
10 that the translation unit are undergoing at the moment. I believe, but
11 I'm not entirely sure, that some materials have already been translated,
12 but I wouldn't like to give a guarantee as to any date at the moment.
13 The only thing I would say is that, of course, matters affecting
14 the validity of the indictment wouldn't really be a matter of evidence, so
15 I'm not quite clear why the accused would need to be able to read all the
16 supporting material for a motion to be drafted. But I obviously don't
17 object if Your Honour is minded to make a ruling that the time should run
18 from the time of translation being received.
19 While I'm on my feet, could I mention one other matter? The
20 documents have been disclosed on the basis that they won't be further
21 disclosed by the Defence. We will be lodging a motion for protective
22 measures in respect of that material.
23 JUDGE RODRIGUEZ: [Interpretation] Very well. For the time being,
24 I do not think that we can go any further in respect of scheduling the
25 pretrial work, that is the pretrial phase. As you know, pretrial case can
Page 26
1 begin only after disclosure.
2 There is something useful that I could tell you; that is, after
3 having consulted my colleagues in the Chamber, I have appointed myself as
4 pretrial Judge so that somebody will be available to answer any questions
5 that might arise urgently. This is the information I have for you. I
6 would like to suggest to you that the parties contact one another to
7 discuss these issues, and particularly the suggestion raised by
8 Mrs. Korner as to whether you want to file preliminary motions. That's
9 fine. You simply have to agree on whether you're going to. You have the
10 right to have the exhibits translated.
11 Rule 66 clearly says that, subject to the provisions of Rules 53
12 and 69, the Prosecutor shall make available to the Defence in a language
13 which the accused understands, within 30 days of the initial appearance of
14 the accused, copies of the supporting material which accompanied the
15 indictment when confirmation was sought, as well as all prior statements
16 obtained by the Prosecutor from the accused, et cetera. But it is true
17 that this is a right of the accused.
18 Yet, if the accused wishes a fair and expeditious trial, this can
19 be -- this can happen only if you make concessions. I can tell you
20 clearly, Mr. Rodic, that this is only a suggestion, and you have the right
21 to do otherwise. This is a right which you can exercise if you like. The
22 translation problem, however, to some extent will set the conditions for
23 opening the trial, as you can imagine. And that is why I'm making that
24 suggestion to you. And if you feel that it is appropriate to speak to me,
25 you can do so through the legal officer of the Chamber, who is here. That
Page 27
1 is Mr. Fourmi. And if necessary, we could organise a status conference
2 immediately and at any time that you would choose in order to find a way
3 to expedite the case and to resolve the issue.
4 Mr. Rodic, you know that the translation services have a great
5 deal of work right now, but that we are trying to find a solution. And I
6 think that the solution could be found in a spirit of cooperation. And,
7 therefore, it is up to you, if I can say it that way, to speak with one
8 another and to communicate with the pretrial Judge if you need to do so.
9 This means that I am now not going to set a date for the pretrial stage,
10 but simply say that I would be available if you should need me.
11 In conclusion, I would like to ask the parties whether they have
12 any other questions to raise before we close the hearing. Madam Korner.
13 MS. KORNER: No, Your Honour.
14 JUDGE RODRIGUEZ: [Interpretation] Mr. Rodic.
15 MR. RODIC: [Interpretation] Your Honour, thank you. I understood
16 your message as meaning that this date, this deadline for filing my
17 preliminary motion, hasn't been set yet, hasn't begun to run yet. I will
18 talk later to my learned friend, but I also have to consult my client to
19 make certain things clear to him.
20 I wanted to address you briefly. I believe what I have to say is
21 important. I'm aware that what I'm telling you now falls within the
22 competence of the Registry and the detention unit administration in
23 Scheveningen, but I also think it is my right and my duty to acquaint the
24 Court and you, as representative of the Trial Chamber, with the following
25 facts.
Page 28
1 General Strugar voluntarily surrendered to the Tribunal on the
2 21st of October, 2000, just after he left the clinical centre in
3 Podgorica. It is the 25th of October now, and General Strugar hasn't been
4 seen by a doctor for over a month. He is not receiving the treatment that
5 was prescribed for him in Podgorica. For over a month, he hasn't been
6 seen by a specialist doctor, a nephrologist or a urologist, and his
7 scheduled appointment was for the 19th of October. While he has been in
8 detention, his condition has deteriorated. Even before his voluntary
9 surrender to the Tribunal in The Hague, the competent persons in the
10 Tribunal were familiar with his condition and his insistence to surrender
11 to the Tribunal, in the conviction, though, that he will receive the
12 necessary treatment for his health.
13 What I have to say is that, over the past five days, he had a
14 blood sample taken only once, and a urine sample was submitted for
15 analysis. He hasn't received any results yet, though, and his level of
16 keratonin [phoen] in his urine has to be monitored on a regular basis. In
17 view of his voluntary surrender, and in view of his age -- he is almost 70
18 -- I kindly ask the Court to issue an order that the treatment of General
19 Strugar be improved and that appropriate measures be taken to take care of
20 his health.
21 I hope that my request will meet with your understanding.
22 JUDGE RODRIGUES: [Interpretation] Thank you, Mr. Rodic. I must
23 inform you that I have had the opportunity of inquiring into General
24 Strugar's medical condition. I asked the Registry for information and we
25 had a meeting and I strongly recommended to the Registry to do everything
Page 29
1 to treat properly General Strugar. We are always concerned about the
2 health of the detainees, as you know, but as you also know, the Tribunal
3 does not have a physician and we enjoy the cooperation of the host
4 country. As you know, a Judge is not to tell a physician what to do. But
5 I've already strongly recommended to the Registry to do everything and to
6 do everything quickly so that the general can be properly treated, and I
7 thank you for your information. And I can tell you that, even before I
8 entered this courtroom, I had already taken measures in respect of that
9 issue, because as you know, I had scheduled asking General Strugar
10 questions about his detention conditions. I'm going to do that now.
11 General, would you rise, please.
12 In respect of the medical condition, it may not be necessary to
13 repeat what your counsel, Mr. Rodic, has told us. I simply would like to
14 ask you whether you confirm what your counsel has said.
15 THE ACCUSED STRUGAR: [Interpretation] Well, when I complained to
16 my lawyer, I primarily complained about this treatment. And I must say I
17 didn't expect to be treated that way. I came out of the hospital
18 practically exhausted because I didn't want to give up when I had already
19 said that I would surrender to The Hague. I went to see a doctor for a
20 banal complaint just before I was to come to The Hague, but things got
21 complicated. I'm not the kind of man who whines and complains a lot, but
22 I must say that I'm not feeling well and I was hoping things would be
23 better than they are.
24 JUDGE RODRIGUES: [Interpretation] Very well. You may be seated,
25 General.
Page 30
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 31
1 Do you wish to add something, Mr. Rodic?
2 MR. RODIC: [Interpretation] I only want to thank you, Your Honour,
3 for the interest you displayed and for your questions. Thank you.
4 JUDGE RODRIGUES: [Interpretation] For the transcript, Madam
5 Registrar, please note that everything must be done quickly to ensure that
6 General Strugar's medical condition is properly treated. I've already
7 said that, but I want to say it yet again. Is that clear, Madam
8 Registrar?
9 THE REGISTRAR: Yes, Mr. President.
10 JUDGE RODRIGUES: [Interpretation] Very well. Since there is no
11 other issue to deal with, I wish all success to the parties and hope that
12 we can reach results, and I repeat that I am available to be available to
13 you, and I hope that the general's health condition remains -- gets
14 better, and I would wish all of you a good afternoon.
15 --- Whereupon the Initial Appearance adjourned at
16 5.15 p.m.
17
18
19
20
21
22
23
24
25