Page 32
1 Wednesday, 14 November 2001
2 [Initial Appearance]
3 [Open Session]
4 --- Upon commencing at 2.35 p.m.
5 [The accused entered court]
6 JUDGE RODRIGUES: [Interpretation] You may be seated.
7 Good afternoon, ladies and gentlemen. Let me also bid good
8 afternoon to the interpreters, technicians, and other staff in the
9 courtroom and make sure that everybody can hear me. Admiral Jokic, can
10 you hear me?
11 THE ACCUSED: [Interpretation] Yes.
12 JUDGE RODRIGUES: [Interpretation] Very well, thank you. Let me
13 also bid good afternoon to the public that is following our proceedings
14 this afternoon. This is a preliminary phase of the proceedings, in
15 particular, initial appearance of Admiral Jokic which is provided for in
16 Rule 62 of the Rules of Procedure and Evidence.
17 Madam Registrar, will you please call the case.
18 THE REGISTRAR: Good afternoon, Your Honour. Case number
19 IT-01-42-I, the Prosecutor versus Miodrag Jokic and others.
20 JUDGE RODRIGUES: [Interpretation] Thank you. Let me turn to the
21 Prosecution at this point, Mr. Tochilovsky, can we have the appearances
22 for the Prosecution, please.
23 MR. TOCHILOVSKY: Vladimir Tochilovsky, assisted by Mrs. Susan
24 Grogan for the Prosecution, Your Honour.
25 JUDGE RODRIGUES: [Interpretation] Thank you. For the Defence, can
Page 33
1 we have the appearances for the Defence.
2 MR. JONES: Your Honour, my name is Alun Jones and I represent the
3 defendant.
4 JUDGE RODRIGUES: [Interpretation] Very well.
5 Madam Registrar, are all documents of Mr. Jones' in order?
6 THE REGISTRAR: Yes, Your Honour.
7 JUDGE RODRIGUES: [Interpretation] Very well, thank you.
8 Mr. Jones, has Admiral Jokic received an indictment in a language
9 that he understands?
10 MR. JONES: He is familiar with the indictment and I have been
11 through it and discussed it with him. Thank you.
12 JUDGE RODRIGUES: [Interpretation] Have you had an opportunity to
13 explain to him the charges that have been brought against him?
14 MR. JONES: Yes, I have. I've discussed the indictment with him
15 and the substance and outline of the charges.
16 JUDGE RODRIGUES: [Interpretation] Very well, thank you very much,
17 Mr. Jones.
18 At this point, let me turn to Admiral Jokic who is appearing today
19 on the basis of the indictment that has been issued against him.
20 Admiral, would you please stand up.
21 [The accused stands up]
22 JUDGE RODRIGUES: [Interpretation] I should now like to ask you
23 several questions. First of all, would you please state your full name
24 and surname for the record.
25 THE ACCUSED: [Interpretation] Miodrag Jokic, Your Honour.
Page 34
1 JUDGE RODRIGUES: [Interpretation] What is your date and place of
2 birth, please?
3 THE ACCUSED: [Interpretation] 25th of February, 1935. I was born
4 in Mionica, near Valjevo.
5 JUDGE RODRIGUES: [Interpretation] What was your profession or
6 occupation before you came here?
7 THE ACCUSED: [Interpretation] I was a retired officer.
8 JUDGE RODRIGUES: [Interpretation] Very well. Your place of
9 residence, please.
10 THE ACCUSED: [Interpretation] Belgrade.
11 JUDGE RODRIGUES: [Interpretation] Are you married?
12 THE ACCUSED: [Interpretation] Yes.
13 JUDGE RODRIGUES: [Interpretation] Do you have any children?
14 THE ACCUSED: [Interpretation] I have two daughters.
15 JUDGE RODRIGUES: [Interpretation] Thank you.
16 General Jokic, the proceedings today are your initial appearance
17 before the Tribunal. It is a formality but a very important formality
18 during which your presence is required, together with your Defence
19 counsel, because you will now be given an opportunity to hear the charges
20 that have a been brought against you by the Office of the Prosecutor.
21 For the purposes of clarity, I am now going to ask Madam Registrar
22 to remind us of the statutory provisions which grant you a certain number
23 of rights. This will enable us to proceed to the main purpose of the
24 present hearing.
25 You may now sit down for the time being.
Page 35
1 [The accused sits down]
2 JUDGE RODRIGUES: [Interpretation] Madam Registrar, would you
3 please read Articles 20 and 21 of the Statute and Rule 62 of the Rules of
4 Procedure and Evidence.
5 THE REGISTRAR: Article 20: Commencement and conduct of trial
6 proceedings.
7 1. The Trial Chamber shall ensure that a trial is fair and
8 expeditious and that proceedings are conducted in accordance with the
9 Rules of Procedure and Evidence with full respect for the rights of the
10 accused and due regard for the protection of victim and witnesses.
11 2. A person against whom an indictment has been confirmed shall,
12 pursuant to an order or arrest warrant of the International Tribunal, be
13 taken into custody, immediately informed of the charges against him and
14 transferred to the International Tribunal.
15 3. The Trial Chamber shall read the indictment, satisfy itself
16 that the rights of the accused are respected, confirm that the accused
17 understands the indictment, and instruct the accused to enter a plea. The
18 Trial Chamber shall then set the date for trial.
19 4. The hearing shall be public unless the Trial Chamber decides
20 to close the proceedings in accordance with its rules of procedure and
21 evidence.
22 Article 21: The rights of the accused.
23 1. All persons shall be equal before the International Tribunal.
24 2. In the determination of charges against him, the accused shall
25 be entitled to a fair and public hearing subject to article 22 of the
Page 36
1 Statute.
2 3. The accused shall be presumed innocent until proved guilty,
3 according to the provisions of the present Statute.
4 4. In the determination of any charge against the accused
5 pursuant to the present Statute, the accused shall be entitled to the
6 following minimum guarantees in fully equality:
7 (a) to be informed promptly and in detail in a language which
8 he understands of the nature and cause of the charge against him;
9 (b) to have adequate time and facilities for the preparation
10 of his Defence and to communicate with counsel of his own choosing;
11 (c) to be tried without undue delay;
12 (d) to be tried in his presence and to defend himself in
13 person or through legal assistance of his own choosing; to be informed, if
14 he does not have legal assistance, of this right; and to have legal
15 assistance assigned to him, in any case where the interests of justice so
16 require, and without payment by him in any such case if he does not have
17 sufficient means to pay for it;
18 (e) to examine or have examined the witnesses against him and
19 to obtain the attendance and examination of witnesses on his behalf under
20 the same conditions as witnesses against him;
21 (f) to have the free assistance of an interpreter if he
22 cannot understand or speak the language used in the International
23 Tribunal; not to be compelled to testify against himself or to confess
24 guilt.
25 Rule 62: Initial appearance of accused.
Page 37
1 Upon transfer of an accused to the seat of the Tribunal, the
2 president shall forthwith assign the case to a Trial Chamber. The
3 accused shall be brought before the Trial Chamber or a permanent judge
4 thereof without delay and shall be formally charged. The Trial Chamber or
5 the Judge shall:
6 (i) satisfy itself, himself, or herself, that the right of the
7 accused to counsel is respected;
8 (ii) read or have the indictment read to the accused in a
9 language the accused speaks and understands; and satisfy itself, himself
10 or herself that the accused understands the indictment;
11 (iii) inform the accused that, within thirty days of the
12 initial appearance, he or she will be called upon to enter a plea of
13 guilty or not guilty on each count but that, should the accused so
14 request, he or she may immediately enter a plea of guilty or not guilty on
15 one or more counts;
16 (iv) if the accused fails to enter a plea at the initial or
17 any further appearance, enter a plea of not guilty on the accused's
18 behalf;
19 (v) in case of a plea of not guilty, instruct the Registrar to
20 set a date for trial;
21 (vi) in case of a plea of guilty: (a) if before the Trial
22 Chamber, act in accordance with Rule 62 bis or (b) if before a Judge,
23 refer the plea to the Trial Chamber so that it may act in accordance with
24 Rule 62 bis;
25 (vii) instruct the Registrar to set such other dates as
Page 38
1 appropriate.
2 JUDGE RODRIGUES: [Interpretation] Thank you very much, Madam
3 Registrar.
4 Admiral Jokic, would you please stand up.
5 [The accused stands up]
6 JUDGE RODRIGUES: [Interpretation] Admiral, we shall now
7 proceed with the main formality of your initial appearance before the
8 Tribunal. We would like to hear your plea, whether you plead guilty or
9 not guilty to the charges that have been brought against you, however, I
10 first have to ask you several questions.
11 Have you received the indictment in your own language?
12 THE ACCUSED: [Interpretation] I have.
13 JUDGE RODRIGUES: [Interpretation] Have you understood the contents
14 of the indictment?
15 THE ACCUSED: [Interpretation] I have, Your Honour.
16 JUDGE RODRIGUES: [Interpretation] Have you had an opportunity to
17 discuss the charges with your Defence counsel?
18 THE ACCUSED: [Interpretation] I have, yes.
19 JUDGE RODRIGUES: [Interpretation] Are you ready today to enter a
20 plea to the charges? Are you able to tell us whether you plead guilty or
21 not guilty to each of the counts or would you prefer to do so within the
22 following 30 days?
23 MR. JONES: Your Honour, we're quite content if the charges are
24 put to Mr. Jokic today because he will be pleading not guilty to them.
25 JUDGE RODRIGUES: [Interpretation] Thank you very much, Mr. Jones,
Page 39
1 for your assistance, however, I should like to hear the response from the
2 accused. Let me repeat the question, Admiral.
3 Are you ready today to enter a plea on the counts contained in the
4 indictment?
5 THE ACCUSED: [Interpretation] I am, Your Honour.
6 JUDGE RODRIGUES: [Interpretation] Very well, thank you. Are you
7 going to enter a plea in respect of all of the counts of the indictment or
8 only for several of them?
9 THE ACCUSED: [Interpretation] All of the counts.
10 JUDGE RODRIGUES: [Interpretation] Very well. Please sit down.
11 [The accused sits down]
12 JUDGE RODRIGUES: [Interpretation] Let me turn to Mr. Jones at this
13 point.
14 Mr. Jones, I suggest that we proceed as follows: Madam Registrar
15 is going to read one portion of the indictment, that is, only the
16 paragraphs which pertain to the identity of Admiral and the relevant
17 counts. When we reach the portion containing the counts themselves, I
18 will ask Admiral whether he pleads guilty or not guilty. Do you agree
19 with this procedure?
20 MR. JONES: Certainly.
21 JUDGE RODRIGUES: [Interpretation] Very well, thank you very
22 much.
23 Madam Registrar, will you please read to us the indictment against
24 the accused in accordance with the instructions that I have just given.
25 THE REGISTRAR: Case number IT-01-42-I, the Prosecutor versus
Page 40
1 Miodrag Jokic and others.
2 Indictment: The Prosecutor of the International Criminal Tribunal
3 for the former Yugoslavia, pursuant to her authority under Article 18 of
4 the Statute of the International Criminal Tribunal for the former
5 Yugoslavia charges: Miodrag Jokic and others with grave breaches of the
6 Geneva Conventions and violations of the laws or customs of war as set
7 forth below.
8 2. Miodrag Jokic was born in 1935 in Mionica, in the Valjevo
9 municipality of present-day Serbia. He graduated from the Yugoslav
10 Military-Naval Academy and then served as an officer in various postings
11 with the Yugoslav Navy.
12 In December 1986, he was promoted to the rank of Rear Admiral. In
13 December 1989, he was appointed as the republican secretary of national
14 defence of Serbia. In 1991, he was promoted to Vice Admiral and was named
15 later in the year as the commander of the ninth (Boka Kotorska) Military
16 Naval Sector, (the Ninth 'VPS'). On 8 May, 1992, he retired from the
17 Yugoslav Navy.
18 6. Individual criminal responsibility. As commander of the JNA
19 Ninth VPS, Admiral Miodrag Jokic exercised both formal and de facto
20 power over the land and naval forces under his command.
21 9. The various component forces of the JNA involved in the
22 Dubrovnik campaign were organised into the Second Operational Group, which
23 was formed from the headquarters of the Montenegrin Territorial Defence in
24 Titograd, now Podgorica.
25 10. The primary components of the Second Operational Group were
Page 41
1 the Second (Titograd) Corps, and the Ninth VPS, augmented by Montenegrin
2 Territorial Defence forces. Altogether, these forces were comprised of
3 approximately 20.000 to 35.000 troops. The commander of the Ninth VPS
4 was Admiral Miodrag Jokic.
5 11. As an officer in command functions in the JNA, Miodrag Jokic
6 was bound by the regulations of the JNA as set out in the Strategy of
7 Armed Conflict, the Law on All-peoples' Defence, the Law on Service in the
8 Armed Forces, the Rules of Service, and the Regulations on the Application
9 of the International Laws of War on the Armed Forces of the SFRY. These
10 regulations governed the roles and responsibilities of JNA officers, set
11 out their positions in the chain of command and obligated those officers,
12 and their subordinates, to observe the laws of war.
13 15. At all times relevant to this indictment, Miodrag Jokic and
14 others were required to abide by the laws and customs of armed conflicts,
15 including the Geneva Conventions of 1949 and the additional protocols
16 thereto.
17 16. Miodrag Jokic and others are individually responsible for the
18 crimes alleged against them in this indictment, pursuant to Article 7(1)
19 of the Statute of the Tribunal. Individual criminal responsibility
20 includes planning, instigating, ordering, committing, or otherwise aiding
21 and abetting in the planning, preparation or execution of any crimes
22 referred to in the Articles 2 to 5 of the Statute of the Tribunal.
23 17. Miodrag Jokic and others, while holding the positions of
24 superior authority as set out in the preceding paragraphs, are also
25 criminally responsible for the acts of their subordinates, pursuant to
Page 42
1 Article 7(3) of the Statute of the Tribunal. A superior is responsible
2 for the acts of his subordinate if he knew or had reason to know that his
3 subordinate were about to commit such acts or had done so and the superior
4 failed to take the necessary and reasonable measures to prevent such acts
5 or to punish the perpetrators thereof.
6 Counts:
7 18. Between 1 October 1991 and 7 December 1991, Miodrag
8 Jokic and others, acting individually or in concert with others,
9 participated in the below-charged crimes in order to secure control of
10 those areas of Croatia that were intended for inclusion in the so-called
11 Dubrovnik Republic. It was the objective of the JNA and the Serbian and
12 the Montenegrin governments to detach this area from Croatia and to annex
13 it to Serbia/Montenegro and other areas intended for Serb control in
14 Croatia and Bosnia.
15 20. In order to achieve this objective, JNA forces under the
16 command of Miodrag Jokic and others launched an attack against the
17 Dubrovnik region of Croatia from Montenegro, Bosnia-Herzegovina, and
18 from the Adriatic Sea. The forces under their command included regular
19 JNA army, air and naval units, as well as Territorial Defence units from
20 Montenegro, paramilitary units, and special police units that were
21 subordinated to the JNA.
22 The JNA forces commanded by Miodrag Jokic and others launched the
23 attack against the Dubrovnik region on 1 October 1991. Land attack was
24 accompanied by the imposition of a blockade by the Yugoslav Navy. The JNA
25 forces met little resistance from the lightly armed Croatian defence
Page 43
1 forces. The JNA seized territory to the south-east and north-west of the
2 city of Dubrovnik and effectively surrounded the city itself within two
3 weeks.
4 Counts 1 to 9: Murder, cruel treatment, attacks on civilians.
5 23. From 1 October 1991 until 6 December 1991, Miodrag Jokic and
6 others, acting individually or in concert with others, planned,
7 instigated, ordered, committed, or otherwise aided and abetted the
8 killings of 43 civilians and the wounding of numerous others in and around
9 the city of Dubrovnik through acts of unlawful shelling conducted by
10 forces under their command. Included among these killed and wounded
11 civilians are the victims of the attacks described in paragraphs 25, 26,
12 and 27. The names of the deceased are set out in Schedule I which is
13 attached to and made part of this indictment.
14 25. On 7 October 1991, JNA forces under the command of Miodrag
15 Jokic and others shelled the town of Mokosica, a residential suburb of
16 Dubrovnik. At the entrance to a civil defence shelter in Mokosica, nine
17 civilians were killed and numerous others were wounded by the JNA
18 shelling. The names of the deceased are set out in Schedule I which is
19 attached to and made part of this indictment.
20 By these acts and omissions, Miodrag Jokic participated in:
21 Count 1: Murder, a violation of the laws or customs of war as
22 recognised by the Common Article 3(1)(a) of the Geneva Conventions of
23 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
24 Tribunal.
25 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, would you please
Page 44
1 stand.
2 [The accused stands up]
3 JUDGE RODRIGUES: [Interpretation] Do you plead guilty or not
4 guilty for this count of the
5 indictment, Count 1?
6 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
7 JUDGE RODRIGUES: [Interpretation] Very well. Madam Registrar.
8 THE REGISTRAR: Cruel treatment, a violation of the laws
9 or customs of war as recognized by Common Article 3(1)(a) of the Geneva
10 Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3) of the
11 Statute of the Tribunal.
12 JUDGE RODRIGUES: [Interpretation] Admiral, how do you plead;
13 guilty or not guilty to Count Number 2?
14 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
15 THE REGISTRAR: Count 3: Attacks on civilians, a violation of the
16 laws or customs of war, as recognised by the Article 51 of Additional
17 Protocol I and Article 13 of Additional Protocol II to the Geneva
18 Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3) of the
19 Statute of the Tribunal.
20 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, do you plead
21 guilty or not guilty to Count 3?
22 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
23 JUDGE RODRIGUES: [Interpretation] You may now be seated, Admiral.
24 Madam Registrar, would you please continue.
25 THE REGISTRAR: 26. Between 9 and 12 November 1991, JNA forces
Page 45
1 under the command of Miodrag Jokic and others unlawfully shelled all areas
2 of the city of Dubrovnik. Ten civilians were killed and numerous others
3 were wounded by the JNA shelling. The names of the deceased are set out
4 in Schedule I which is attached to and made part of this indictment.
5 By these acts and omissions, Miodrag Jokic participated in:
6 Count 4: Murder, a violation of the laws or customs of war, as
7 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
8 punishable under Articles 3, and 7(1) and 7(3) of the Statute of the
9 Tribunal.
10 JUDGE RODRIGUES: [Interpretation] Admiral, would you please
11 stand. Do you plead guilty or not guilty to this count of the
12 indictment, Count 4?
13 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
14 THE REGISTRAR: Count 5: Cruel treatment, a violation of the laws
15 or customs of war, as recognised by Common Article 3(1)(a) of the
16 Geneva Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3)
17 of the Statute of the Tribunal.
18 JUDGE RODRIGUES: [Interpretation] Admiral, do you plead guilty or
19 not guilty to Count 5?
20 THE ACCUSED: [Interpretation] Not guilty.
21 THE REGISTRAR: Count 6: Attacks on civilians, a violation of the
22 laws or customs of war, as recognised by Article 51 of Additional Protocol
23 I and Article 13 of Additional Protocol II to the Geneva Conventions of
24 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
25 Tribunal.
Page 46
1 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, do you plead
2 guilty or not guilty to Count Number 6?
3 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
4 JUDGE RODRIGUES: [Interpretation] You may be seated now.
5 THE REGISTRAR: 27. On December 1991, JNA forces under the
6 command of Miodrag Jokic and others unlawfully shelled all areas of the
7 city of Dubrovnik. Fourteen civilians were killed and numerous others
8 were wounded by the JNA shelling. The names of the deceased are set out
9 in Schedule I which is attached to and made part of this indictment.
10 By these acts and omissions, Miodrag Jokic participated in:
11 Count 7: Murder, a violation of the laws or customs of war, as
12 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
13 punishable under Articles 3, and 7(1) and 7(3) of the Statute of the
14 Tribunal.
15 JUDGE RODRIGUES: [Interpretation] Admiral, do you plead guilty or
16 not guilty to Count 7?
17 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
18 THE REGISTRAR: Count 8: Cruel treatment, a violation of the laws
19 or customs of war, as recognised by the Common Article 3(1)(a) of the
20 Geneva Conventions of 1949, punishable under Articles 3 and 7(1) and 7(3)
21 of the Statute of the Tribunal.
22 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, do you plead
23 guilty or not guilty to Count 8?
24 THE ACCUSED: [Interpretation] Not guilty.
25 THE REGISTRAR: Count 9: Attacks on civilians, a violation of the
Page 47
1 laws or customs of war, as recognised by Article 51 of Additional Protocol
2 I and Article 13 of Additional Protocol II to the Geneva Conventions of
3 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
4 Tribunal.
5 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, do you plead
6 guilty or not guilty to Count 9?
7 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
8 JUDGE RODRIGUES: [Interpretation] Thank you, you may now be
9 seated.
10 THE REGISTRAR: Counts 10 to 12: Unjustified devastation,
11 unlawful attacks on civilian objects, destruction or wilful damage to
12 historic monuments and institutions dedicated to religion.
13 29. Between 1 October 1991 and 6 December 1991, Miodrag Jokic and
14 others acting individually or in concert with others, planned, instigated,
15 ordered, committed, or otherwise aided and abetted in the destruction or
16 wilful damage to dwellings and other buildings in the city of Dubrovnik.
17 30. The JNA positions on the high ground to the east and north of
18 Dubrovnik provided them with an unobstructed view of the city and its
19 environs. From these positions and from naval vessels offshore, the JNA
20 forces under the command of Miodrag Jokic and others, engaged in unlawful
21 shelling of civilian targets in Dubrovnik including, but not limited to,
22 the following attacks:
23 The shelling on 23 to 24 October 1991 of the city of Dubrovnik,
24 during which the Old Town area was targeted for the first time.
25 The shelling on 8 to 13 November 1991 of the entire city of
Page 48
1 Dubrovnik, during which the Old Town, Lapad, and Gruz were targeted. A
2 number of buildings in the Old Town were damaged as were hotels housing
3 refugees and other civilian structures in other parts of the city.
4 The shelling on 6 December 1991 of the entire city of Dubrovnik,
5 but during which the Old Town area was specifically targeted. At least
6 six buildings in the Old Town were destroyed in their entirety and
7 hundreds more suffered damage. Hotels housing refugees and
8 other civilian structures were severely damaged or destroyed in other
9 parts of Dubrovnik, but specifically in the Lapad and Babin Kuk areas.
10 By these acts and omissions, Miodrag Jokic participated in:
11 Count 10: Devastation not justified by military necessity, a
12 violation of the laws or customs of war, punishable under Articles 3(b)
13 and 7(1) and 7(3) of the Statute of the Tribunal.
14 JUDGE RODRIGUES: [Interpretation] Admiral, do you plead guilty or
15 not guilty to Count 10?
16 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
17 THE REGISTRAR: Count 11: Unlawful attacks on civilian objects, a
18 violation of the laws or customs of war, as recognised by Article 52 of
19 the Additional Protocol I to the Geneva Conventions of 1949, punishable
20 under Articles 3 and 7(1) and 7(3) of the Statute of the Tribunal.
21 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, do you plead
22 guilty or not guilty to this count, Count 11?
23 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
24 THE REGISTRAR: Count 12: Destruction or wilful damage done to
25 institutions dedicated to religion and to historic monuments, a violation
Page 49
1 of the laws or customs of war, punishable under Articles 3(d) and 7(1) and
2 7(3) of the Statute of the Tribunal.
3 JUDGE RODRIGUES: [Interpretation] Admiral Jokic, do you plead
4 guilty or not guilty to Count 12?
5 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
6 JUDGE RODRIGUES: [Interpretation] You may now be seated.
7 THE REGISTRAR: Counts 13 to 16. Extensive destruction and
8 appropriation of property, wanton destruction of villages, destruction or
9 wilful damage done to institutions dedicated to education and religion,
10 plunder of public or private property.
11 33. In October 1991, JNA forces under the command of Miodrag
12 Jokic and others seized and occupied Croatian territory in the proximity
13 of the city of Dubrovnik. This part of the Dubrovnik region included, in
14 whole or in part, the areas of Konavle, Zupa Dubravacka, and Primorje.
15 35. After JNA forces occupied the areas surrounding Dubrovnik,
16 troops under the command of Miodrag Jokic and others systematically
17 plundered public, commercial and private property in the areas under their
18 control. Much of this property was transported to Montenegro in JNA
19 military vehicles and the army thereafter instituted measures to track and
20 maintain the looted property.
21 JNA troops also systematically destroyed public, commercial, and
22 religious buildings as well as private dwellings in the areas around
23 Dubrovnik. This destruction took place after the cessation of fighting
24 when the areas were securely under the control of the JNA. Villages in
25 the occupied areas that were extensively damaged or were totally destroyed
Page 50
1 include, but are not limited to: Brgat, Cilipi, Dubravka, Gruda, Mocici,
2 Osojnik, Slano, and Zvekovica.
3 By these acts and omissions, Miodrag Jokic participated in:
4 Count 13: Extensive destruction and appropriation of property not
5 justified by military necessity and carried out unlawfully and wantonly, a
6 grave breach of the Geneva Conventions of 1949, punishable under Articles
7 2(d) and 7(1) and 7(3) of the Statute of the Tribunal.
8 JUDGE RODRIGUES: [Interpretation] Admiral, do you plead guilty or
9 not guilty to Count 13?
10 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
11 THE REGISTRAR: Count 14: Wanton destruction of villages, or
12 devastation not justified by military necessity, a violation of the laws
13 or customs of war, punishable under Articles 3(b) and 7(1) and 7(3) of
14 the Statute of the Tribunal.
15 JUDGE RODRIGUES: [Interpretation] Do you plead guilty or not
16 guilty to Count 14?
17 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
18 THE REGISTRAR: Count 15: Destruction or wilful damage done to
19 institutions dedicated to education or religion, a violation of the laws
20 or customs of war, punishable under Articles 3(d) and 7(1) and 7(3) of
21 the Statute of the Tribunal.
22 JUDGE RODRIGUES: [Interpretation] Do you plead guilty or not
23 guilty to Count 15?
24 THE ACCUSED: [Interpretation] Not guilty.
25 THE REGISTRAR: Count 16: Plunder of public or private property,
Page 51
1 a violation of the laws or customs of war, punishable under Articles 3(e)
2 and 7(1) and 7(3) of the Statute of the Tribunal.
3 JUDGE RODRIGUES: [Interpretation] Do you plead guilty or not
4 guilty to Count 16?
5 THE ACCUSED: [Interpretation] Not guilty, Your Honour.
6 JUDGE RODRIGUES: [Interpretation] You may now sit down, Admiral.
7 [The accused sits down]
8 JUDGE RODRIGUES: [Interpretation] Very well. We have noted that
9 Admiral Jokic has entered a plea of not guilty to all of the counts in the
10 indictment.
11 Madam Registrar, for the record, please note that Admiral Jokic
12 has pled not guilty to all of the counts contained in the indictment.
13 Let me now turn to the Prosecutor in order to remind us of certain
14 elements of the present procedure. As regards provisions of Rule 66 of
15 the Rules of Procedure and Evidence, production of evidence. Have you
16 already taken appropriate steps, Mr. Tochilovsky, and what is the
17 situation in general with this aspect of the procedure, please?
18 MR. TOCHILOVSKY: Yes, Your Honour. The Prosecution submitted
19 more than 900 pages of supporting materials for translation on 4th
20 October, more than a month ago, and as we were told by translation unit,
21 it's due on 24th November. So we expect the translation of those
22 supporting material within two weeks, but we already provided the Defence
23 today, prior to this commencement of this Initial Appearance, we provided
24 the Defence with English -- copies of the supporting materials in English
25 so they can start working with these materials, and as soon as we've got
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1 those materials from the translation unit translated into B/C/S, it will
2 be provided to the Defence.
3 JUDGE RODRIGUES: [Interpretation] Very well, Mr. Tochilovsky.
4 Thank you very much.
5 Let me turn to the Defence now. Mr. Jones, as you know, in
6 keeping with Rule 72, preliminary motions must be submitted in writing
7 within a period of 30 days after disclosure by the Prosecutor to the
8 Defence of all material and statements referred to in Rule 66. As we have
9 just heard from Mr. Tochilovsky, we know that you haven't yet received all
10 of the documents, however, for the purposes of good organisation of our
11 work, Mr. Jones, are you in a position to tell us today if you intend, as
12 Defence counsel for Admiral Jokic, to file any preliminary motions and, if
13 so, what kind of motions you intend to submit, if you can tell us at this
14 point.
15 MR. JONES: Thank you very much, Your Honour.
16 THE INTERPRETER: Microphone, please.
17 MR. JONES: I wish to emphasise, thank you, Your Honour, that
18 Admiral Jokic has voluntarily attended The Hague. He has submitted
19 himself to the jurisdiction of this Tribunal in order to present his
20 Defence vigorously, I hope, through his lawyers in due course. And I do
21 wish to emphasise today, Your Honour, that because he is here voluntarily,
22 that we do intend, as soon as possible, as soon as reasonably possible, to
23 present an application for his provisional release so that he can be
24 restored to Serbia pending future hearings of the Tribunal, the full
25 hearing and any necessary preliminary applications there should be. He's
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1 very anxious to return to Serbia. Having learned about the indictment in
2 this case only last month, Your Honour, of course there is a great deal
3 that he has to do in his home country by way of preparation for his
4 Defence.
5 So that application, Your Honour, for provisional release
6 will be made by us as soon as we can do so and as soon as I have had an
7 opportunity of reading the preliminary bundle of evidence with which I've
8 been provided by the Prosecution today.
9 JUDGE RODRIGUES: [Interpretation] Very well. Thank you very much,
10 Mr. Jones.
11 For the purposes of Rule 65 ter (A) as regards the appointment of
12 a Pre-Trial Judge, this Chamber cannot do anything about it at this point
13 in time because, as you are all aware, this Trial Chamber will complete
14 its mandate on the 16th. So it is a matter that will have to be dealt
15 with by the Chamber which will be eventually seized of the case. So we
16 will leave this to the Chamber which will eventually be appointed to try
17 this case.
18 The Pre-Trial Judge or the Trial Chamber will then fix a date for
19 a Status Conference in this case, so I think that, for the time being,
20 there is nothing else that we can do. All I can do at this point is to
21 give the floor once again to Admiral Jokic.
22 Admiral will you please stand.
23 [The accused stands up]
24 JUDGE RODRIGUES: [Interpretation] I would like to give you an
25 opportunity at this point to tell us anything you wish to raise regarding
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1 the conditions of your detention and also the conditions of your health.
2 THE ACCUSED: [Interpretation] Your Honour, I am healthy and do not
3 have any particular complaints concerning my accommodation in the
4 detention unit.
5 JUDGE RODRIGUES: [Interpretation] Very well, you may be seated,
6 Admiral. Thank you very much.
7 [The accused sits down]
8 JUDGE RODRIGUES: [Interpretation] For the reasons that I have
9 indicated, there is nothing else that we can do today, so the hearing
10 stands adjourned.
11 --- Whereupon the Initial Appearance adjourned
12 at 3.22 p.m.
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