Tribunal Criminal Tribunal for the Former Yugoslavia

Page 257

1 Friday, 18 March 2005

2 [Initial Appearance]

3 [The accused entered court]

4 --- Upon commencing at 2.20 p.m.

5 JUDGE LIU: Good afternoon, ladies and gentlemen.

6 Would you please call the case, Madam Registrar.

7 THE REGISTRAR: Good afternoon, Your Honour. This is case number

8 IT-96-23/2-I, the Prosecutor versus Gojko Jankovic.

9 JUDGE LIU: Thank you very much. May I have appearances, please.

10 For the Prosecution?

11 MS. SOMERS: Good afternoon, Your Honour. Susan Somers for the

12 Prosecution, assisted by Mr. Aleksandar Kontic and Mr. Sebastian van

13 Hooydonk.

14 JUDGE LIU: Thank you very much.

15 For the Defence.

16 MR. LAZAREVIC: Good afternoon, Your Honour. Counsel Aleksandar

17 Lazarevic for the accused.

18 JUDGE LIU: Thank you very much. We will proceed with the Initial

19 Appearance for the accused Mr. Jankovic pursuant to Rule 62 of the Rules

20 of Procedure and Evidence.

21 Mr. Jankovic can you hear the proceedings in a language you

22 understand?

23 THE ACCUSED: [Interpretation] Yes.

24 JUDGE LIU: Would you please give your full name.

25 THE ACCUSED: [Interpretation] Gojko Jankovic, 31st of October,

Page 258

1 1954.

2 JUDGE LIU: Thank you. What is your address of permanent

3 residence?

4 THE ACCUSED: [Interpretation] Bosnia and Herzegovina, the town of

5 Foca, Ivana Gorana Kovacica street, number 13.

6 JUDGE LIU: Mr. Jankovic, have you received the indictment against

7 you in a language that you understand, and did you have a chance to read

8 it?

9 THE ACCUSED: [Interpretation] I received the indictment upon my

10 arrival here, and I have read it.

11 JUDGE LIU: Do you understand its contents, and have you had the

12 opportunity to discuss the indictment with your counsel?

13 THE ACCUSED: [Interpretation] No, I have not had an opportunity to

14 discuss, and I don't believe I understand the indictment fully.

15 JUDGE LIU: Well, I believe that you have the right to plead

16 guilty or not guilty to each count today or within 30 days from this

17 initial appearance. Since you said that you have not had a chance to

18 discuss with your counsel, I believe that you are not in a position today

19 to plead at this stage. Am I right?

20 THE ACCUSED: [Interpretation] You are quite right, Your Honour.

21 JUDGE LIU: Well, if -- you may sit down, please. If that is the

22 case, we should hold another initial appearance within 30 days from today.

23 And at this stage are there any other matters the parties would

24 like to bring to the attention?

25 Yes, Ms. Somers.

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1 MS. SOMERS: Thank you very much, Your Honour. The Prosecution

2 would like to bring to Your Honour's attention that the accused is the

3 subject of a motion for referral under Rule 11 bis. It was filed 29

4 November 2004, and as a result, the Prosecution yesterday filed an

5 additional motion to suspend all non-essential proceedings. It should --

6 hopefully should reach Your Honour and you should have a chance to peruse

7 it when it comes to you, but I wanted to make sure you were aware of this.

8 Thank you, Your Honour.

9 JUDGE LIU: Well, did the Defence receive this filing by the

10 Prosecution?

11 MR. LAZAREVIC: Yes, Your Honour. What I can confirm is that I

12 have just received this Prosecutor motion to suspend all non-essential

13 proceedings, dated March 17, 2005, but in relation to the motion for

14 referral under Rule 11 bis, this one I still haven't received.

15 Then further, there is also the issue that I am assigned only for

16 the initial appearance of the accused, and the Registry will deal with

17 this situation and decide whether I will be his permanent counsel or not.

18 So I will be in contact with the Prosecution as well as other issues here

19 will be related consequently.

20 JUDGE LIU: Thank you very much.

21 As for the filings by the Prosecution to suspend all non-essential

22 proceedings, I don't believe I'm in a position to deal with it right now,

23 because we should have the initial appearance and the plea first, and

24 later on I believe that I'll be in a better position to deal with it.

25 MS. SOMERS: Thank you, Your Honour. I just wanted to make sure

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1 it was brought to your attention. Thank you.

2 JUDGE LIU: Thank you. Are there any other matters? It seems to

3 me there is none, so I believe that this initial appearance is adjourned.

4 --- Whereupon the Initial Appearance adjourned

5 at 2.28 p.m.