1 Thursday, 21 March 2002

2 [Further Appearance]

3 [Status Conference]

4 [Open session]

5 --- Upon commencing at 2.39 p.m.

6 JUDGE SCHOMBURG: Good afternoon, everybody. Madam Registrar,

7 please call the joint case when the accused are in the room. Good

8 afternoon.

9 [The accused entered court]

10 THE REGISTRAR: Yes, Your Honour. This is the case number

11 IT-02-53-PT, The Prosecutor against Blagojevic, Obrenovic and Jokic.

12 JUDGE SCHOMBURG: Thank you. Appearances, please, Mr. McCloskey?

13 MR. McCLOSKEY: Peter McCloskey for the Prosecutor. With me are

14 Saleem Naqvi and Stacy de la Torre.

15 JUDGE SCHOMBURG: Thank you. And for the Defence teams in the

16 order of the registered names. Apparently this is not the alphabetical

17 order. First Mr. Blagojevic.

18 MR. KARNAVAS: Good afternoon, Your Honour, Michael Karnavas for

19 Mr. Blagojevic.

20 JUDGE SCHOMBURG: And for Mr. Obrenovic.

21 MR. WILSON: Good afternoon, Your Honour, David Eugene Wilson for

22 Mr. Obrenovic. Seated at the table with me is Ms. Laura Zeman, an

23 attorney also assigned to our case.

24 JUDGE SCHOMBURG: Thank you. And on behalf of Mr. Jokic.

25 MR. STOJANOVIC: [Interpretation] Your Honour, Miodrag Stojanovic,

1 Defence counsel for the accused Dragan Jokic, together with me is

2 co-counsel, Mrs. Cynthia Sinatra.

3 JUDGE SCHOMBURG: Thank you. And now please the accused. First

4 of all, I have once again to inform you that it is your right to remain

5 silent. On the other hand, you are not the object of our cases but

6 subjects, having the right to express yourselves in the framework of our

7 rules or with the assistance of your Defence counsels. You only should

8 know that everything you say may be used in evidence against you.

9 Did you understand this admonition and can you hear me in a

10 language you understand? Mr. Blagojevic?

11 THE ACCUSED BLAGOJEVIC: [Interpretation] I can hear you and I can

12 understand you.

13 JUDGE SCHOMBURG: Thank you.

14 Mr. Obrenovic?

15 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I do hear you

16 and I do understand you.

17 JUDGE SCHOMBURG: Thank you.

18 And Mr. Jokic?

19 THE ACCUSED JOKIC: [Interpretation] Your Honour, I do hear you and

20 I do understand you.

21 JUDGE SCHOMBURG: Thank you.

22 Then let's come to the proposed agenda of this afternoon. First

23 of all in the framework of the Status Conference, we should in short

24 discuss the envisaged trial date, then some issues related to the

25 disclosure of -- to disclosure matters, and of course the state of the

1 accused.

2 Then, as we have now a new so-called joinder indictment pursuant

3 to Rule 50(B) and 62 of our Rules of Procedure and Evidence, this joinder

4 indictment will be read out in the presence of all the accused. Then it's

5 necessary to have further appearances of the accused in the order of the

6 case, for the purposes of entering a plea vis-a-vis the new indictment.

7 And finally, and there the Bench already composed of the three

8 permanent Judges of Trial Chamber II, we have to discuss the motion for

9 provisional release of Mr. Jokic.

10 Any objections against this agenda? I don't see any objections.

11 MS. SINATRA: Your Honour, if I might, I believe that every

12 counsel for the co-defendants has agreed to waive the reading of the

13 indictment.

14 JUDGE SCHOMBURG: I appreciate your attempts to facilitate and

15 speed up the proceedings, but I believe that this International Tribunal is

16 committed to the obligation to work in a way of transparency and

17 visibility. It is necessary for the public to know what is going on and

18 not only to discuss matters of disclosure or not disclosure but the basis

19 of what we are dealing with here in the case. And therefore, it seems to

20 be necessary. But I thank you very much for this intervention.

21 MS. SINATRA: I understand, Your Honour.

22 JUDGE SCHOMBURG: As regards a trial date, in the last meeting, in

23 the beginning of January, we had a totally different situation, and there

24 were some optimist views.

25 First of all, yes, it could be finalised, and we could be ready

1 for a start in April and May, but I remember very well, especially the

2 position of Mr. Wilson, saying we should be cautious with this. And since

3 then, things have changed. There was no possibility especially to have a

4 joinder between the cases of Brdjanin and Talic and Stakic. This would be

5 one of the prerequisites because only then six cases could be ready for

6 being heard. This is not the case. Only the day before yesterday, the

7 budget was adopted in New York, and so we are prepared to start. And

8 there should be no doubt at all, we are prepared to start the Stakic case

9 the 16th of April. This means that the first possibility that there is a

10 Trial Chamber available will be not before, let's say, late autumn this

11 year.

12 This corresponds to a certain extent with the letter we got from,

13 especially, Mr. Wilson. I'm grateful for this letter, and I have to

14 apologise that I didn't answer this letter. Sometimes it's difficult to

15 find the correct balance between common law and civil law. In civil law,

16 I would have taken the telephone, give you a call, and say, "Thank you for

17 this letter." And indeed one can agree with your point saying that it's

18 necessary for the preparation of the Defence to have a fair trial until

19 September/October. But learning that some participants do not like this

20 specific approach, I only today can answer you. Once again, thank you for

21 this contribution.

22 But when we -- for this -- two reasons: Your preparation, on the

23 one hand side; and on the other, on the actual situation in the Trial

24 Chambers and the availability of a courtroom. When we can envisage only a

25 start in autumn, we really should do what we can that the case can start

1 at this point in time.

2 I should like to hear some comments from the parties on this

3 issue, where are trouble, obstacles, or is it a fair view to try and -- to

4 try hard to start in September.

5 Mr. McCloskey.

6 MR. McCLOSKEY: Your Honour, I would think that September is a

7 good -- a good time to shoot for. The autumn -- I think Mr. Wilson's

8 letter was well taken. And the only obstacle that I can see is the -- of

9 getting a courtroom. And hopefully that -- that won't be a problem for

10 us.

11 Discovery is going along. We've had -- we've been trying to work

12 with all three defendants, of course. We've recently caught -- tried to

13 catch Mr. Jokic up, who came in a little late, and there was still the

14 matter of sealed documents that we were -- managed to just recently get

15 unsealed. And we're working with Mr. Karnavas on issues, as well as

16 Mr. Wilson has written us a long letter that we are working to respond to

17 and have quite a few more documents for him very soon. And we hope to

18 continue in that vein. And if there are any problems or issues, we'll be

19 able to, you know, work with the Court on that.

20 JUDGE SCHOMBURG: Okay. Thank you.

21 For the Defence. Mr. Wilson?

22 MR. WILSON: Yes, Your Honour. The Defence position, as far as

23 Mr. Obrenovic, who, of course, is the only accused for whom I speak, was

24 that we thought that we can be ready to go to trial in about the time that

25 you're talking about. The only obstacle is the discovery question.

1 There's quite a bit of material - I think Mr. McCloskey would agree -

2 which we must receive before we can prepare for trial. And we have a

3 cordial working relationship with him, but the fact remains -- I realise

4 this is not the only case he has, but it's the only case we have to get

5 ready for, and so it's very important to all three of us, I know, that

6 this be provided to us as quickly as possible. There is a mountainous

7 amount of material to try to understand before we get to trial. And so I

8 see that as the only obstacle to getting ready.

9 Assuming that we can get the discovery, which we believe that we

10 will be getting, in an appropriate and early time, I think that we can be

11 ready to go to trial at about the time that Your Honour is talking about.

12 JUDGE SCHOMBURG: Thank you.

13 Mr. Karnavas.

14 MR. KARNAVAS: Thank you, Your Honour. I concur with Mr. Wilson.

15 I would, however, state that -- I would like a commitment from the

16 Prosecutor's office as to when they think they would be able to complete

17 providing us with all the discovery that's remaining. We've made several

18 requests regarding some statements that were taken. The translation is

19 taking a long time. It's not the Prosecutor's fault; however, it does

20 complicate matters. And at least in this adversarial process, the Defence

21 does need adequate time to prepare for cross-examination, which requires

22 investigation and so on and so forth. So assuming that we can have the

23 discovery, say, no later than July, I think that we'll be in good shape to

24 start in September. We're working full time on the case.

25 I should also note for the Court that the Defence provided

1 Mr. Blagojevic with a computer because the -- what was being made

2 available was insufficient. And so he is going through the material, much

3 of which is in the local language, of course. And so we're progressing in

4 that way as well.

5 JUDGE SCHOMBURG: Okay. Thank you also for this technical

6 assistance.

7 And on behalf of Mr. Jokic, please.

8 MR. STOJANOVIC: [Interpretation] Your Honour, we would also like

9 to concur with what my colleagues the other Defence counsel have said.

10 And we have geared our activity towards September, meaning that the trial

11 could start then. I think that we've been moving in the right direction.

12 So far we have received most of the documents that the Prosecutor could

13 disclose to us.

14 The Defence has been joined as co-counsel by Ms. Sinatra. This

15 week we took over a number of documents from the Prosecutor, and I think

16 that we will stand trial-ready in September.

17 I should like to avail myself of this opportunity to ask the

18 Office of the Prosecutor another thing. We have analysed the amended

19 joined indictment and we came to the conclusion that there are a few new

20 elements in the indictment that pertain to our client, Dragan Jokic. If

21 there is any supporting material from counts 24.1 to 24.5, then 26.3,

22 26.4, 26.7, 28.1 and 28.3, this has to do with our client, Dragan Jokic,

23 so could we please be provided with supporting material, if any?

24 Another point I wish to make is the following. We know that the

25 Office of the Prosecutor has been working very intensively on questioning

1 witnesses and potential suspects on the ground, and this may have an

2 impact on Dragan Jokic's Defence. Could we please, then, get the records

3 of these hearings as early as possible? The rest has been moving

4 appropriately. Thank you.

5 JUDGE SCHOMBURG: Thank you. I appreciate that the parties have

6 the joint approach that we should aim at starting the case in September or

7 October, and please proceed in this way. You are aware of the fact that,

8 "first ripe, first start" is the principle in this Tribunal, and the

9 earlier we can indicate that the case is ready for being heard, then we

10 will be on the list and then have the courtroom facilities necessary for

11 hearing this case.

12 As regards any comments on the new indictment to be read out in a

13 few minutes, already in the scheduling order, I announced that pursuant to

14 Rule 50(C) and Rule 72, the time will commence running from today, and

15 please feel free to address your objections to the form of the indictment

16 before you. I don't want -- I don't know whether or not the Office of the

17 Prosecutor wants to answer to the question raised by Mr. -- by the

18 Defence counsel of Mr. Jokic.

19 MR. McCLOSKEY: Yes, Your Honour. Regarding supporting material,

20 there is some more information that is more specific than the original

21 indictment, which was largely in response to some of the Defence motions

22 to the original indictments, and we will be providing that to counsel in a

23 timely manner.

24 JUDGE SCHOMBURG: Okay.

25 MR. McCLOSKEY: And as regarding Mr. Jokic's reference to the

1 ongoing interviews, there is of course -- the Srebrenica investigation is

2 an ongoing investigation, interviews are taken not infrequently, and I am

3 currently making a decision on the potential discovery for that material.

4 I expect to make that decision in the next day or two and discuss it with

5 counsel so that if need be, we can address any differences we have, with

6 the Court - or perhaps we won't have any differences - but I expect to

7 resolve the issue regarding the outstanding interviews of -- in the

8 ongoing investigation, but I need a couple more days on that.

9 JUDGE SCHOMBURG: Thank you. Indeed, also myself, I hope that it

10 will be possible that the problems can be resolved between the parties but

11 whenever you need assistance, please feel free to contact me.

12 Any other questions concerning Rule 66 to 68 today? I emphasise

13 today because I do not believe that we should discuss these issues in

14 detail before we don't have your possible objections against the new form

15 of the indictment. I'm quite sure there will be some observations from

16 your side and probably then later on we can go into the -- these

17 discussions also of 66, 68, as far as they are related, as Mr. Stojanovic

18 indicated, also as a support, additional support, for the new joint

19 indictment.

20 I can see no other requests for the floor. Then the question is

21 of course the main actors in this case are the accused, and may I hear

22 something about the state of health? Any problems in the detention unit,

23 the conditions of the detention? Mr. Wilson?

24 MR. WILSON: Your Honour, on behalf of the accused Mr. Obrenovic,

25 we have nothing to bring to the Court's attention at this time.

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1 JUDGE SCHOMBURG: Mr. Karnavas?

2 MR. KARNAVAS: [Microphone not activated] Nothing, Your Honour.

3 JUDGE SCHOMBURG: Thank you. And Mr. Stojanovic?

4 MR. STOJANOVIC: [Interpretation] Your Honour, we have no

5 particular objections to the actual accommodation, and the state of

6 Mr. Jokic's health is fine, thank you.

7 JUDGE SCHOMBURG: And directly the question to the accused. Do

8 you have any comments to make on this issue? Mr. Jokic?

9 THE ACCUSED JOKIC: [Interpretation] No, Your Honour.

10 JUDGE SCHOMBURG: Mr. Obrenovic?

11 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, no.

12 JUDGE SCHOMBURG: Mr. Blagojevic?

13 THE ACCUSED BLAGOJEVIC: [Interpretation] Your Honour, no. There

14 is nothing special I have to say.

15 JUDGE SCHOMBURG: Thank you. Then we can go on, and I would ask

16 Madam Registrar to read out the new joinder indictment. I want to

17 remember all the participants, not totally updated with the standing of

18 this case. In the last meeting, we decided to have a joint hearing in

19 this case, and therefore it was necessary to have a joinder indictment,

20 and this was filed the 27th of January, and for the purposes that the

21 accused may enter pleas on this new joinder indictment, the joinder

22 indictment should be read out now. Thank you.

23 THE REGISTRAR: The International Tribunal for the Former

24 Yugoslavia, case number IT-02-53-PT, the Prosecutor of the Tribunal

25 against Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic. Joinder

1 indictment. The Prosecutor of the International Criminal Tribunal for the

2 former Yugoslavia pursuant to her authority under Article 18 of the

3 Statute of the Tribunal, charges: Vidoje Blagojevic, Dragan Obrenovic,

4 with complicity in genocide, crimes against humanity, and violations of

5 the laws or customs of war as set forth herein, and Dragan Jokic with

6 crimes against humanity and violations of the laws or customs of war as

7 set forth herein.

8 The accused:

9 Vidoje Blagojevic was born in the Bratunac municipality on 22

10 June, 1950. He rose to the rank of Lieutenant Colonel in the army of the

11 Socialist Republic of Yugoslavia. On 1st of June, 1992, during the armed

12 conflict in Bosnia and Herzegovina, he became the Commander of Zvornik

13 Brigade, a newly formed unit of the Army of Republika Srpska, VRS. He

14 later served on the VRS Drina Corps staff and served for several months as

15 the Acting Chief of the Staff Deputy Commander of the Bratunac Brigade in

16 1993. In May 1995, he was appointed the Commander of the 1st Bratunac

17 Light Infantry Brigade. His brigade was responsible for the security of

18 the territory opposite the northern, eastern, and southern boundaries of

19 Srebrenica safe area and directly participated in the actual capture of

20 the Srebrenica safe area. He was working on the general staff of the Army

21 of Republika Srpska in August of 2001 when he was arrested.

22 Superior authority and position of the accused.

23 During the VRS attack on the Srebrenica safe area and the

24 subsequent killings and executions of Bosnian Muslim men, Vidoje

25 Blagojevic was a Colonel in command of the Bratunac Brigade and was

1 present in Bratunac Brigade zone of responsibility exercising command

2 through at least 17 July 1995; after 17 July he lead a battalion of his

3 troops as part of a VRS operation attacking the Muslim enclave of Zepa.

4 After the fall of Zepa, he returned to the Bratunac zone of responsibility

5 where he remained until 22 September 1995. On that day, the Bratunac

6 Brigade was attached to the Sarajevo-Romanija Corps (SRK). Despite this

7 attachment, however, he did not remain exclusively in the sector of SRK

8 but frequently travelled back to his brigade's garrison located in

9 Bratunac. He remained the Bratunac Brigade Commander until mid-1996 when

10 he was reassigned to the VRS Main Staff, later named the VRS General

11 Staff.

12 As a Brigade Commander, he was responsible for planning,

13 directing, and monitoring the activities of all the subordinate formations

14 of his brigade, in accordance with the directives received from his higher

15 command at the Corps and Main Staff levels.

16 The accused:

17 Dragan Obrenovic was born on 12 April 1963 in the Bosnian Serb

18 village of Matino-Brdo. When armed conflict broke out in Bosnia and

19 Herzegovina, he held the rank of Captain in the Armour and Mechanised

20 Forces Branch of the JNA and was garrisoned in the Zvornik municipality.

21 From December 1992 through November 1996, he was Chief of Staff/Deputy

22 Commander of the 1st Zvornik Infantry Brigade of the VRS. He was promoted

23 from the rank of Major to the rank of Lieutenant Colonel in December

24 1995. On 29 April 1996, Dragan Obrenovic became the Acting Commander of

25 the 303rd Motorised Brigade, and August 1998, he was appointed Commander

1 of the 503rd Motorised Brigade in Zvornik. These two brigades had

2 formerly been designated as the Zvornik Brigade.

3 Superior authority and position of the accused:

4 On 1 July 1995, Dragan Obrenovic was a major and held the position

5 of Chief of Staff of the Zvornik Brigade. As Chief of Staff, he was

6 responsible for directing the activities of the brigade staff. He was

7 responsible for monitoring, controlling, and organising the activities of

8 all units and activities within the brigade zone of responsibility, to

9 give supplementing orders to ensure implementation of the Commander's

10 order, and act as primary advisor to his Brigade Commander.

11 As Chief of Staff, he was concurrently the Brigade Deputy

12 Commander, where, in the absence of his Commander, he was in charge of the

13 Zvornik Brigade and had a right to give assignments to subordinates.

14 When the Srebrenica operation began on 6 July 1995, Vinko

15 Pandurevic, the Commander of the Zvornik Brigade, was absent on other

16 duties outside the Zvornik Brigade zone of responsibility and Dragan

17 Obrenovic, as the Deputy Commander, was in charge of the Zvornik Brigade

18 on 6 July 1995 through midday 15 July 1995 when Vinko Pandurevic returned

19 to the Zvornik Brigade area. Dragan Obrenovic resumed his duties as Chief

20 of Staff from midday of 15 July 1995.

21 Dragan Obrenovic became Acting Commander of the Zvornik Brigade

22 from 4 August to 16 September 1995 and again from 18 September to 24

23 September 1995. On 29 April 1996, Dragan Obrenovic became Acting

24 Commander of the 303rd Motorised Brigade and remained as such until August

25 1998, when he was appointed Commander of the 503rd Motorised Brigade in

1 Zvornik. These brigades were formerly designated as the Zvornik Brigade.

2 The accused:

3 Dragan Ljubomir Jokic was born on 20 August 1957 in the Bosnian

4 Serb village of Grbavci in the Zvornik municipality. He attended the

5 military school for non-commissioned officers and the military academy.

6 He completed a battalion commander's course in engineering. He joined the

7 Zvornik Brigade at the beginning of the war in 1992, when the brigade was

8 formed, and remained until after the war. During the time period relevant

9 to the joinder indictment, he was the Chief of Engineering of the 1st

10 Zvornik Infantry Brigade and held the rank of major. Prior to his

11 detention in The Hague he was a Lieutenant Colonel working for the VRS

12 5th Corps located in Sokolac, Bosnia and Herzegovina.

13 Position of the accused.

14 In July 1995, Dragan Jokic held the rank of Major with the

15 position Chief of Engineering of the Zvornik Brigade. As Chief of

16 Engineering, he was a member of the Zvornik Brigade staff, and was the

17 advisor to the Zvornik Brigade Commander and to the Chief of Staff/Deputy

18 Commander for matters relating to engineering services, such as defence

19 works, mining activities, road construction. He was also responsible for

20 planning, directing, organising, and monitoring the activities of the

21 Zvornik Brigade Engineering Company, and was empowered to issue orders to

22 the engineering company which implemented the directive of the Brigade

23 Commander and/or the Chief of Staff/Deputy Commander.

24 Commission, Dragan Jokic was the deputy officer of the Zvornik

25 Brigade for a 24-hour period from the morning of 14 July 1995 through the

1 morning of 15 July 1995. In that capacity, he was the designated

2 representative of the Brigade Commander or Chief of Staff/Deputy Commander

3 and remained present at the Brigade headquarters during this period of

4 duty. In that regard, operational orders from the superior command (Drina

5 Corps and Main Staff) passed through him, and reports from the Zvornik

6 Brigade to the superior command were either written by him or relayed

7 through him. In the event that the Commander or Chief of Staff was

8 temporarily absent from the headquarters during the duty period, the duty

9 officer would ensure that their orders to subordinates were sent, and

10 reports from these subordinates were received in a timely manner. These

11 reports would be relayed by the duty officer to the Commander or Chief of

12 Staff/Deputy Commander as required. The duty officer is the central point

13 of coordination and communications for the Zvornik Brigade zone of

14 responsibility.

15 Criminal responsibility of the accused:

16 Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic are

17 individually responsible for the crimes alleged against them in this

18 joinder indictment, pursuant to Article 7(1) of the Tribunal Statute.

19 Individual criminal responsibility, including committing, planning,

20 instigating, ordering, or otherwise aiding and abetting in the planning,

21 preparation, or execution of any crimes referred to in Article 2 to 5 of

22 the Tribunal Statute. By using the word "committed" in this joinder

23 indictment, the Prosecutor does not intend to suggest that any of the

24 accused physically perpetrated any of the crimes charged personally.

25 Vidoje Blagojevic is also criminally responsible as commander for

1 the acts of his subordinates pursuant to Article 7(3) of the Tribunal

2 Statute if he knew or had reason to know that his subordinates were about

3 to commit such acts or had done so and he failed to take the necessary and

4 reasonable measures to prevent such acts or to punish the perpetrators

5 thereof.

6 Dragan Obrenovic, during the time periods when he was the Deputy

7 Commander, Acting Commander or Commander, is criminally responsible for

8 the acts of his subordinates pursuant to Article 7(3) of the Statute of

9 the Tribunal if he knew or had reason to know that his subordinates were

10 about to commit criminal acts or had done so and he failed to take the

11 necessary and reasonable measures to prevent such acts or to punish the

12 perpetrators thereof.

13 Joint criminal enterprise:

14 Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic, together

15 with other VRS and MUP officers and units, as identified in this joinder

16 indictment, were members of and knowingly participated in a joint criminal

17 enterprise, the common purpose of which was: To forcibly transfer the

18 women and children from the Srebrenica enclave to Kladanj, on 12 of July

19 and 13 of July 1995;.

20 And to capture, detain, summarily execute by firing squad and bury

21 thousands of Bosnian Muslim men and boys aged 16 to 60 from the Srebrenica

22 enclave from 12th of July 1995, until and about 19 July 1995. The last

23 known primary burial of Srebrenica victims occurred on or about 19th July

24 1995 in Glogova. The initial plan was to summarily execute more than

25 1.000 Bosnian Muslim men and boys, aged 16 to 60, who were separated from

1 the group of Bosnian Muslims in Potocari on 12th and 13th July. On 12

2 July, this plan was broadened to include the summary execution of over

3 6.000 men and boys, aged 16 to 60, who were captured from the column of

4 Bosnian Muslim men escaping the Srebrenica enclave on 12 July through

5 about 19 July 1995. Most of these men and boys from the column were

6 captured along the Bratunac/Milici road on 13th July 1995. While the

7 joint criminal enterprise contemplated organised and systematic

8 executions, it was foreseeable that opportunistic criminal acts, such as

9 those described in this joinder indictment, would be carried out by VRS

10 and MUP forces during and after the joint criminal enterprise. VRS and

11 MUP forces carried out such opportunistic criminal acts from 12 July 1995

12 to about 1 November 1995. The implementation of this joint criminal

13 enterprise resulted in the summary execution of over 7.000 Bosnian Muslim

14 men and boys from the Srebrenica enclave. Vidoje Blagojevic, Dragan

15 Obrenovic and Dragan Jokic possessed the criminal intent and state of mind

16 required for the commission of the individual crimes charged in the

17 joinder indictment, and their acts significantly assisted and facilitated

18 the commission of the crimes. The specific acts and responsibilities of

19 Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic pursuant to this

20 joint criminal enterprise are described as follows in the joinder

21 indictment.

22 JUDGE SCHOMBURG: May I just interrupt you? I think it's not

23 necessary to read the paragraphs because for the listener, it's not

24 relevant. He can't follow these points. If you would start with

25 paragraph 16?

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1 THE REGISTRAR: Yes.

2 Paragraph 16. The joint criminal enterprise of which Vidoje

3 Blagojevic, Dragan Obrenovic and Dragan Jokic were key members and

4 participants were conceived and designed by General Ratko Mladic and

5 others on 11 and 12 July 1995, and administered and carried out by members

6 of the VRS and MUP forces through the time period and by the means alleged

7 in this joinder indictment.

8 Members of this joint criminal enterprise include General Ratko

9 Mladic, the Commander of the VRS; General Milenko Zivanovic, Commander of

10 the Drina Corps through about 2000 hours on 13 July, 1995; General

11 Radislav Krstic, Chief of Staff/Deputy Commander through about 2000 hours

12 on 13 July 1995 and thereafter Commander of the Drina Corps; Vidoje

13 Blagojevic, Commander of the Bratunac Brigade; Vinko Pandurevic, Commander

14 of the Zvornik Brigade, Dragan Obrenovic, Deputy Commander of the Zvornik

15 Brigade, Colonel Ljubisa Beara, Chief of Security of the Main Staff;

16 Lieutenant Colonel Vujadin Popovic, Chief of Security of the Drina Corps;

17 Momir Nikolic, Assistant Commander of the Security and Intelligence,

18 Bratunac Brigade; Dragan Jokic, Chief of Engineering of the Zvornik

19 Brigade; and various other individuals and military and police units,

20 including but not limited to the following: Drina Corps Units: Elements

21 of the Bratunac Brigade; elements of the Zvornik Brigade; elements of the

22 Vlasenica Brigade, elements of the 5th Engineering Battalion. Main staff

23 units: Elements of the 10th Sabotage Detachment; elements of the 65th

24 Protection Regiment. MUP units: Elements of the Republika Srpska special

25 police; elements of the Bratunac municipal police; elements of the Milici

1 municipal police; elements of the Zvornik municipal police.

2 A detailed summary of the military structure of the VRS is affixed

3 to this joinder indictment as Annex A.

4 The allegations concerning criminal liability and the joint

5 criminal enterprise contained in preceding paragraphs are re-alleged and

6 incorporated into each of the charges set forth below.

7 Charges.

8 Count 1. Complicity to commit genocide.

9 Between 11 July 1995, and 1 November 1995, Vidoje Blagojevic and

10 Dragan Obrenovic, with intent to destroy a part of the Bosnian Muslim

11 people as a nation, ethnical or religious group,

12 (a) killed members of the group; and,

13 (b) caused serious bodily or mental harm to members of the

14 group.

15 Twice on the evening of 11 July and once on the morning of 12 July

16 1995, Ratko Mladic and other VRS representatives convened critical

17 meetings at the Hotel Fontana in Bratunac concerning the fate of the

18 refugees who had fled from the Srebrenica enclave to Potocari. Momir

19 Nikolic, Assistant Commander for Security and Intelligence for the

20 Bratunac Brigade under the command of Vidoje Blagojevic, attended the

21 first two of these three meetings. During this time period from the late

22 evening of 11 July to the early mornings of 12 July 1995, the plan to

23 forcibly transfer the civilian refugee population of Potocari and to

24 murder the Bosnian Muslim males from Potocari was developed by General

25 Mladic, his command staff and others. Later in the day on 12 July 1995,

1 the plan to murder Bosnian Muslim prisoners was extended to those

2 prisoners captured from the Bosnian Muslim column escaping from the

3 Srebrenica enclave on and after 12 July 1995. Vidoje Blagojevic, acting

4 in concert with other VRS and MUP commanders and units as identified in

5 this joint indictment, participated in the execution of the plan to

6 forcibly transfer Bosnian Muslims from the Srebrenica enclave.

7 Additionally, Vidoje Blagojevic knew or had reason to know that his

8 subordinates would and did participate in these criminal acts, and he

9 failed to take the necessary and reasonable measures to prevent such acts

10 or to punish the perpetrators thereof.

11 On or about 12 July 1995, in the presence of Ratko Mladic,

12 Radislav Krstic, and officers and soldiers from the Bratunac Brigade, MUP

13 and other units, approximately 50 to 60 buses and trucks arrived near the

14 UN military compound in Potocari. Shortly after the arrival of these

15 vehicles, the forcible transfer process of Bosnian Muslim women and

16 children began. As Bosnian Muslim women, children and men started to

17 board the buses and trucks, VRS and/or MUP soldiers acting in concert,

18 under the command of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and

19 others separated over 1.000 Bosnian Muslim men from the women and children

20 and transported these men to temporary detention sites in Bratunac on 12

21 and 13 July 1995. Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and

22 other commanders knew that these men separated in Potocari would later be

23 summarily executed by VRS and/or MUP units. These Bosnian Muslim men

24 separated in Potocari were in fact later summarily executed in the Zvornik

25 Brigade zone of responsibility from 14th to 16th July, as alleged in this

1 joinder indictment, with the full knowledge and active participation of

2 Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, Dragan Obrenovic, Dragan

3 Jokic and others. Additionally, Vidoje Blagojevic and Dragan Obrenovic

4 knew or had reason to know that their subordinates would and did

5 participate in these criminal acts, and they failed to take the necessary

6 and reasonable measures to prevent such acts or to punish the perpetrators

7 thereof.

8 Vidoje Blagojevic, acting in concert with other VRS and MUP

9 officers and units in the joint criminal enterprise as identified in this

10 joinder indictment, participated in the execution of the plan to capture

11 and murder Bosnian Muslim men from the column of men retreating from the

12 Srebrenica enclave on or after 12 July 1995. Bratunac Brigade troops,

13 under the command and control of Vidoje Blagojevic, acting in concert with

14 other VRS and/or MUP units in furtherance of the joint criminal

15 enterprise, participated in the capture of men from the column.

16 Approximately 6.000 Bosnian Muslim prisoners were captured on 13 July 1995

17 and taken to the same temporary detention sites in and around Bratunac as

18 those men separated from Potocari. Members of the Bratunac Brigade

19 Military Police under the command and control of Vidoje Blagojevic

20 participated in the guarding of the prisoners and the escort of those

21 prisoners to holding and execution sites in the Zvornik Brigade zone of

22 responsibility. These Bosnian Muslim prisoners were later summarily

23 executed in the Zvornik Brigade zone of responsibility from 14 July to 16

24 July 1995, with the full knowledge of Ratko Mladic, Radislav Krstic,

25 Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic and others, as alleged

1 in this joinder indictment. Additionally, Vidoje Blagojevic and Dragan

2 Obrenovic knew or had reason to know that their subordinates would and did

3 participate in these criminal acts, and they failed to take the necessary

4 and reasonable measures to prevent such acts or to punish the perpetrators

5 thereof.

6 Dragan Obrenovic, acting in concert with other VRS and MUP

7 officers and units in the joint criminal enterprise as identified in this

8 joinder indictment, participated in the execution of the plan to capture

9 and murder over 6.000 Bosnian Muslim men from the Srebrenica enclave on or

10 after 12 July, 1995. Between 13 and 16 July 1995, the Zvornik Brigade

11 Military Police, under the command and control of Dragan Obrenovic, was

12 involved in scouting the detention sites for the Bosnian Muslim prisoners

13 to be executed in the Zvornik Brigade zone of responsibility. Between 14

14 and 16 July 1995, Bosnian Muslim prisoners were transported to these

15 detention and execution sites in the Zvornik Brigade zone of

16 responsibility, where they were guarded and subsequently executed by

17 members of the Zvornik Brigade, acting in concert with other VRS and MUP

18 units and under the command and control of Ratko Mladic, Radislav Krstic,

19 Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, and others, as

20 alleged in this joinder indictment. These Bosnian Muslim prisoners were

21 executed with the full knowledge of Ratko Mladic, Radislav Krstic, Vinko

22 Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic, and others

23 as alleged in this joinder indictment. Additionally, Vidoje Blagojevic

24 and Dragan Obrenovic knew or had reason to know that their subordinates

25 would and did participate in these criminal acts, and they failed to take

1 the necessary and reasonable measures to prevent such acts or to punish

2 the perpetrators thereof.

3 Vidoje Blagojevic, acting in concert with other VRS and MUP

4 officers and units in the joint criminal enterprise as identified in this

5 joinder indictment, planned, instigated, ordered or otherwise aided and

6 abetted in the planning, preparation, or execution of a planned and

7 organised mass execution and burial of thousands of captured Bosnian

8 Muslim men from the Srebrenica enclave from about 11 July through about

9 19 July 1995. From about 12 July, through about 19 July 1995, Dragan

10 Obrenovic, and Dragan Jokic, and other VRS and MUP officers and units, as

11 identified in this joinder indictment, planned, instigated, ordered, or

12 otherwise aided and abetted in the planning, preparation, or execution of

13 a planned and organised mass execution and burial operation of thousands

14 of captured Bosnian Muslim men from the Srebrenica enclave. Additionally,

15 Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that

16 their subordinates would and did participate in these criminal acts, and

17 they failed to take the necessary and reasonable measures to prevent such

18 acts or to punish the perpetrators thereof.

19 The wide-scale and organised killing and burial of Bosnian Muslim

20 men, implemented and overseen by Vidoje Blagojevic, Dragan Obrenovic, and

21 Dragan Jokic as referred to above, by VRS and MUP officers and units in

22 the joint criminal enterprise acting in concert with each other and under

23 the command and control of Ratko Mladic, Radislav Krstic, Vinko

24 Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic, and others

25 as described in this joinder indictment, occurred in several different

1 locations in and around Srebrenica and Zvornik from 12 July 1995 until

2 about 19 July 1995, including:

3 Bratunac, Milici, and Vlasenica Brigades zone of responsibility:

4 Potocari: On 12 July 1995, in between the Zinc Factory and

5 Alija's house, VRS and/or MUP soldiers, working together with other

6 individuals and units in the joint criminal enterprise and under the

7 command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic,

8 and others, summarily executed by decapitation approximately 80 do 100

9 Bosnian Muslim men. The bodies were then taken away on a truck. All of

10 these Bosnian Muslim men had been taken prisoner from among the group of

11 Bosnian Muslims in Potocari by VRS and/or MUP soldiers working together

12 with other individuals and units in the joint criminal enterprise and

13 under the command and control of Ratko Mladic, Radislav Krstic, Vidoje

14 Blagojevic, and others.

15 Jadar River: On 13 July 1995, at approximately 1100 hours, a

16 small squad of soldiers consisting of at least one Bratunac police

17 officer, working together in furtherance of the joint criminal enterprise

18 with individuals and units of the VRS and/or MUP, all under the command

19 and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and

20 others, captured approximately 16 Bosnian Muslim men from the column of

21 men retreating from the Srebrenica enclave, transported them from Konjevic

22 Polje to an isolated area on the bank of the Jadar River in the Milici

23 Brigade zone of responsibility and summarily executed them. These Bosnian

24 Muslim men had been captured from the column of men retreating from the

25 Srebrenica enclave by VRS and/or MUP officers and units, working together,

1 in furtherance of the joint criminal enterprise, with units under the

2 command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic,

3 and others.

4 Cerska Valley: On 13 July 1995, in the early afternoon hours, VRS

5 and/or MUP soldiers working together in furtherance of the joint criminal

6 enterprise and under the command and control of Ratko Mladic, Radislav

7 Krstic, Vidoje Blagojevic, and others transported about 150 Bosnian Muslim

8 men to an area along a dirt road in the Cerska Valley about 3 kilometres

9 from Konjevic Polje, in the Milici Brigade zone of responsibility,

10 summarily executed them, and using heavy equipment, covered them with

11 dirt. These Bosnian Muslim men had been captured from the column of men

12 retreating from the Srebrenica enclave by VRS and/or MUP officers and

13 units, working together, in furtherance of the joint criminal enterprise,

14 with units under the command and control of Ratko Mladic, Radislav Krstic,

15 Vidoje Blagojevic and others.

16 Kravica Warehouse: On 13 July 1995, in the early evening hours,

17 VRS and/or MUP soldiers, working together in the furtherance of the joint

18 criminal enterprise, all under the command and control of Ratko Mladic,

19 Radislav Krstic, Vidoje Blagojevic, and others summarily executed over

20 1.000 Bosnian Muslim men detained in a large warehouse in the village of

21 Kravica in the Bratunac Brigade zone of responsibility. The soldiers used

22 automatic weapons, hand grenades, and other weaponry to kill the Bosnian

23 Muslims inside the warehouse. On 14 July 1995, heavy equipment arrived

24 and removed the victims' bodies to a large mass grave located in the

25 nearby village of Glogova and Ravnice in the Bratunac Brigade zone of

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1 responsibility. These Bosnian Muslim men had been captured from the

2 column of men retreating from Srebrenica enclave by VRS and/or MUP

3 officers and units, working together in the furtherance of the joint

4 criminal enterprise, with units under the control of Vidoje Blagojevic.

5 This execution was a natural and foreseeable consequence of the joint

6 criminal enterprise, of which Dragan Obrenovic was a member by at least

7 the early evening hours of 13 July 1995.

8 Tisca: Throughout the day on 13 July 1995, VRS and/or MUP

9 soldiers, working together with other individuals and units in the joint

10 criminal enterprise and under the command and control of Ratko Mladic,

11 Vidoje Blagojevic and others, transported Bosnian Muslim women and

12 children who had been separated from male members of their families in

13 Potocari, to an area near Tisca village in Vlasenica zone of

14 responsibility. Most of the Bosnian Muslim women and children forcibly

15 transferred to Tisca were permitted to cross into Bosnian Muslim

16 territory. However, VRS soldiers from Vlasenica Brigade of the Drina

17 Corps identified and separated some of the remaining Bosnian Muslim men

18 and boys aged 16 to 60 and some of the Bosnian Muslim women from this

19 group at Tisca. Throughout the day on 13 July 1995, VRS soldiers from the

20 Vlasenica Brigade, working together with other individuals and units in

21 the joint criminal enterprise and under the command and control of Ratko

22 Mladic and others, forced the selected Bosnian Muslim men and women to

23 walk to a nearby school, where they were taunted and assaulted by VRS

24 soldiers. On or about the evening of 13 July 1995 and the day of 14 July

25 1995, VRS and/or MUP soldiers, working together with other individuals and

1 units in the joint criminal enterprise and under the command and control

2 of Ratko Mladic, Radislav Krstic and others, loaded 25 Bosnian Muslim men

3 from the school onto a truck, drove them to an isolated pasture nearby,

4 and summarily executed them with automatic weapons. These Bosnian Muslim

5 men had been inadvertently allowed to board buses filled with women and

6 children in Potocari by soldiers working together with other individuals

7 and units in the joint criminal enterprise and under the command and

8 control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others.

9 This execution was a natural and foreseeable consequence of the joint

10 criminal enterprise, of which Dragan Obrenovic was a member by at least

11 the early evening hours of 13 July 1995.

12 JUDGE SCHOMBURG: May I interrupt you here at this point in time,

13 because it's necessary for the translators to have the necessary break.

14 And I want to adjourn until five minutes past 4.00. Thank you.

15 --- Recess taken at 3.44 p.m.

16 --- On resuming at 4.05 p.m.

17 JUDGE SCHOMBURG: [Microphone not activated]

18 THE REGISTRAR: Zvornik Brigade zone of responsibility. Orohovac

19 near Lazete. In the late evening hours of 13 July and during the day of

20 14 July 1995, VRS military personnel from the Military Police Company of

21 the Bratunac Brigade under the command of Vidoje Blagojevic, and working

22 together with other individuals and units in the joint criminal enterprise

23 and under the command and control of Ratko Mladic, Radislav Krstic, Vidoje

24 Blagojevic and others, transported hundreds of Bosnian Muslim males from

25 in and around Bratunac in the Bratunac Brigade zone of responsibility to

1 the Grbavci school in the village of Orohovac in the Zvornik Brigade zone

2 of responsibility. These Bosnian Muslim men had been captured from the

3 column of men retreating from the Srebrenica enclave or separated in

4 Potocari by VRS and/or MUP officers and units working together in the

5 joint criminal enterprise with units under the command and control of

6 Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others. On 14 July

7 1995, VRS military personnel from the Military Police Company of the

8 Zvornik Brigade, working together with other individuals and units in the

9 joint criminal enterprise, and under the command and control of Ratko

10 Mladic, Radislav Krstic and Dragan Obrenovic, guarded and blindfolded the

11 Bosnian Muslim males detained at the Grbavci School. On the early

12 afternoon of 14 July, 1995, VRS military personnel transported the Bosnian

13 Muslim males from the school at Grbavci to a nearby field. Once there,

14 VRS military personnel from the 4th Battalion of the Zvornik Brigade,

15 working together with other individuals and units in the joint criminal

16 enterprise, and under the command and control of Ratko Mladic, Radislav

17 Krstic and Dragan Obrenovic, ordered the Bosnian Muslim males off the

18 trucks and summarily executed them with automatic weapons. Approximately

19 1.000 Bosnian Muslim males were killed. On 14 and 15 July, 1995, VRS

20 military personnel from Zvornik Brigade Engineering Company, working

21 together with other individuals and units in the joint criminal

22 enterprise, and under the command and control of Ratko Mladic, Radislav

23 Krstic and Dragan Obrenovic, used heavy equipment to bury the victims in

24 mass graves at the execution site while the executions continued. On the

25 evening of the 14th July, lights from the engineering machinery

1 illuminated the execution and burial sites during the execution. Dragan

2 Obrenovic, as Chief of Staff, Deputy Commander of Zvornik Brigade,

3 commanding the Zvornik Brigade in the absence of the commander, exercised

4 control, command and coordination duties associated with the execution and

5 burial operation described in this paragraph. Dragan Jokic, as Chief of

6 Engineering of the Zvornik Brigade, assisted in the planning, monitoring,

7 organising and carrying out of the burial involved in the murder

8 operation. Dragan Jokic, as Brigade Deputy Officer -- as Brigade Duty

9 Officer on 14th and 15th July, 1995, assisted in coordinating

10 communication between VRS officers and commands involved in the

11 transportation, detention, execution and burial of Srebrenica Muslims and

12 issued or transmitted reports and updates to superiors on the progress of

13 the overall murder operation.

14 The Petkovci School. On 14 July 1995, VRS and/or MUP military

15 personnel, working together in furtherance of the joint criminal

16 enterprise with units under the control of Vidoje Blagojevic and others,

17 transported approximately 1.000 Bosnian Muslim males from detention sites

18 in and around Bratunac to the school at Petkovic which was located inside

19 the Zvornik Brigade zone of responsibility. These Bosnian Muslim men had

20 been captured from the column of men retreating from the Srebrenica

21 enclave or separated in Potocari by VRS and/or MUP personnel working

22 together, in furtherance of the joint criminal enterprise, with units

23 under the command and control of Ratko Mladic, Radislav Krstic, Vidoje

24 Blagojevic and others. On 14 and the early morning hours of 15 July 1995,

25 VRS and/or MUP officers and units, working together, in furtherance of the

1 joint criminal enterprise and under the command and control of Ratko

2 Mladic, Radislav Krstic, and others, struck, beat, assaulted and shot with

3 automatic weapons, Bosnian Muslim males being detained at the school.

4 Dragan Obrenovic, as Chief of Staff/Deputy Commander commanding the

5 Zvornik Brigade in the absence of the Commander, exercised command,

6 control and coordination duties associated with the detention of prisoners

7 at the Petkovci school.

8 The "Dam" near Petkovci: On or about the evening of 14 July 1995

9 and the early morning hours of 15 July 1995, VRS military personnel from

10 the Zvornik Brigade under the command and control of Ratko Mladic,

11 Radislav Krstic, and Dragan Obrenovic, including drivers and trucks from

12 the 6th Infantry Battalion and the Zvornik Brigade, transported the

13 surviving members of the group of approximately 1000 Bosnian Muslim males

14 from the school at Petkovci to an area below the Dam near Petkovci, also

15 in the zone of responsibility of the Zvornik Brigade. These Bosnian

16 Muslim men had been captured from the column of men retreating from the

17 Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and

18 units, working together, in furtherance of the joint criminal enterprise,

19 with units under the command and control of Ratko Mladic, Radislav Krstic,

20 Vidoje Blagojevic, and others. The Bosnian Muslim men were assembled

21 below the dam and summarily executed by VRS or MUP soldiers with automatic

22 weapons, under the command of Ratko Mladic, Radislav Krstic, and others.

23 In the morning of 15 July 1995, VRS military personnel from the

24 Engineering Company of the Zvornik Brigade working together with other

25 individuals and units in the joint criminal enterprise and under the

1 command and control of Ratko Mladic, Radislav Krstic, and Dragan

2 Obrenovic, used excavators and other heavy equipment to bury the victims

3 while the execution continued. Dragan Obrenovic, as Chief of Staff/Deputy

4 Commander of the Zvornik Brigade, commanding the Zvornik Brigade in

5 absence of the Commander, exercised command, control, and coordination

6 duties associated with the summary execution and disposal of bodies

7 described in this paragraph. Dragan Jokic, as Chief of Engineering of the

8 Zvornik Brigade, assisted in the planning, monitoring, organising, and

9 carrying out of the burials involved in the murder operation. Dragan

10 Jokic, as Brigade deputy officer -- as brigade duty officer on 14 and 15

11 July 1995, assisted in coordinating communication between VRS officers and

12 commanders involving the transportation, detention, execution, and burial

13 of Srebrenica Muslims and issued or transmitted reports and updates to

14 superiors on the progress of the overall murder operation.

15 Pilica School: On or about 14 and 15 July 1995, VRS and/or MUP

16 personnel working together, in furtherance of the joint criminal

17 enterprise, with units under the control of Vidoje Blagojevic and others,

18 transported approximately 1200 Bosnian Muslim males from detention sites

19 in Bratunac to the school at Pilica, which was located inside the zone of

20 responsibility of the Zvornik Brigade. These Bosnian Muslim men had been

21 captured from the column of men retreating from the Srebrenica enclave or

22 separated in Potocari by VRS and/or MUP officers and units, working

23 together, in furtherance of the joint criminal enterprise, with units

24 under the command and control of Ratko Mladic, Radislav Krstic, Vidoje

25 Blagojevic, and others. On or about 14 and 15 July 1995, VRS military

1 personnel with automatic weapons, working together with other individuals

2 and units in the joint criminal enterprise and under the command and

3 control of Ratko Mladic, Radislav Krstic, Dragan Obrenovic, and others,

4 summarily executed many of the Bosnian Muslim males who had arrived, or

5 were being detained, at the school. On 17 July 1995, VRS military

6 personnel from the "R" Battalion of the Zvornik Brigade under the command

7 and control of Ratko Mladic, Radislav Krstic, and others, retrieved the

8 bodies of the victims from the Pilica School and transported them to the

9 Branjevo military farm. On 17 July 1995, the engineering company of the

10 Zvornik Brigade, under the command and control of Ratko Mladic, Radislav

11 Krstic, Dragan Obrenovic, and others, using Zvornik Brigade heavy

12 equipment, buried the victims of the Plica School executions in a mass

13 grave at the Branjevo military farm. Dragan Obrenovic, as Chief of

14 Staff/Deputy Commander of the Zvornik Brigade, commanding the Zvornik

15 Brigade in the absence of the Commander, exercised command, control and

16 coordination duties associated with the execution described in this

17 paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade,

18 assisted in the planning, monitoring, organising, and carrying out of the

19 burials involved in the murder operation.

20 Branjevo Military Farm: On the morning of 16 July 1995, VRS

21 military personnel working together, in furtherance of the joint criminal

22 enterprise, with units under the control of Vidoje Blagojevic and others,

23 transported the remaining members of the group of approximately 1200

24 Bosnian Muslim males from the Pilica school by bus to the Branjevo

25 military farm. These Bosnian Muslim men had been captured from the column

1 of men retreating from the Srebrenica enclave or separated in Potocari by

2 VRS and/or MUP officers and units, working together, in the furtherance of

3 the joint criminal enterprise, with units under the command and control of

4 Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others. After the

5 Bosnian Muslim males arrived at the Branjevo military farm, they were

6 summarily executed by automatic weapon fire from members of the 10th

7 Sabotage Detachment and the Bratunac Brigade, working together with other

8 individuals and units in the joint criminal enterprise and under the

9 command of Ratko Mladic, Radislav Krstic, and others, with the knowledge

10 and support of Vidoje Blagojevic. On 17 July 1995, VRS soldiers from the

11 engineering company of the Zvornik Brigade, working together with other

12 individuals and units in the joint criminal enterprise and under the

13 command and control of Ratko Mladic, Radislav Krstic, and others, using

14 Zvornik Brigade heavy equipment, buried hundreds of victims in a nearby

15 mass grave.

16 Dragan Obrenovic as Chief of Staff/Deputy Commander of the Zvornik

17 Brigade, acting in his capacity as Chief of Staff upon the return of the

18 Zvornik Brigade Commander, Vinko Pandurevic, assisted in the planning,

19 controlling, monitoring, organising and carrying out of each of the

20 activities set out in this paragraph. Dragan Jokic, as Chief of

21 Engineering of the Zvornik Brigade, assisted in the planning, monitoring,

22 organising and carrying out of the burials involved in the murder

23 operation.

24 Pilica Cultural Centre: On 16 July 1995, VRS military personnel

25 from the Bratunac Brigade, under the command of Ratko Mladic, Radislav

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1 Krstic, Vinko Pandurevic, Vidoje Blagojevic and others, after

2 participating in the Branjevo Military Farm executions, travelled a short

3 distance to the village of Pilica and with automatic weapons, summarily

4 executed approximately 500 men inside the Pilica Cultural Centre. These

5 Bosnian Muslim men had been captured from the column of men retreating

6 from the Srebrenica enclave or separated in Potocari by VRS and/or MUP

7 officers and units, working together, in furtherance of the joint criminal

8 enterprise, with units under the command and control of Ratko Mladic,

9 Radislav Krstic, Vidoje Blagojevic and others. On 17 July, 1995, VRS

10 military personnel from the "R" Battalion of the Zvornik Brigade, under

11 the command and control of Ratko Mladic, Radislav Krstic and others,

12 retrieved the bodies of the victims from the Pilica Cultural Centre and

13 transported them to the Branjevo Military Farm. On 17 July, 1995, the

14 Engineering Company of the Zvornik Brigade, under the command and control

15 of Ratko Mladic, Radislav Krstic and others, using Zvornik Brigade heavy

16 equipment, buried the victims of the Pilica School executions in a mass

17 grave at the Branjevo Military Farm. Dragan Obrenovic, as Chief of

18 Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as

19 Chief of Staff upon the return of the Zvornik Brigade Commander, assisted

20 in the planning, controlling, monitoring, organising and carrying out of

21 each of the activities set out in this paragraph. Dragan Jokic, as Chief

22 of Engineering of the Zvornik Brigade, assisted in the planning,

23 monitoring, organising and carrying out of the burials involved in the

24 murder operation.

25 Kozluk: On or before 16 July, 1995, VRS and/or MUP soldiers,

1 working together with other individuals and units in the joint criminal

2 enterprise, and under the command and control of Ratko Mladic, Radislav

3 Krstic, Vinko Pandurevic and others, transported about 500 Bosnian Muslim

4 males to an isolated place near Kozluk, in the Zvornik Brigade zone of

5 responsibility, and summarily executed them with automatic weapons. These

6 Bosnian Muslim men had been captured from the column of men retreating

7 from the Srebrenica enclave or separated in Potocari by VRS and/or MUP

8 officers and units, working together, in furtherance of the joint criminal

9 enterprise with units under the command and control of Ratko Mladic,

10 Radislav Krstic, Vidoje Blagojevic and others. On 16 July 1995, VRS

11 soldiers from the Engineering Company of the Zvornik Brigade, working

12 together with other individuals and units in the joint criminal

13 enterprise, and under the command and control of Ratko Mladic, Radislav

14 Krstic, Vinko Pandurevic and others, buried the victims of their

15 executions in a mass grave nearby. Dragan Obrenovic, as Chief of

16 Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as

17 Chief of Staff upon the return of the Zvornik Brigade Commander, assisted

18 in the planning, controlling, monitoring, organising and carrying out of

19 each of the activities set out in this paragraph. Dragan Jokic, as Chief

20 of Engineering of the Zvornik Brigade, assisted in planning, monitoring,

21 organising and carrying out the burials involved in the murder operation.

22 In addition to and as a result of the above-alleged mass

23 executions planned, prepared and implemented by the joint criminal

24 enterprise, of which Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic

25 were key members and participants, it was a foreseeable that opportunistic

1 killings of captured Bosnian Muslim men and boys would occur at the hands

2 of VRS and MUP forces participating in this joint criminal enterprise, and

3 acting under the command and control of Ratko Mladic, Radislav Krstic,

4 Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic and others through

5 about 1st November, 1995. Such opportunistic killings did in fact occur.

6 Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that

7 their subordinates would and did participate in these criminal acts and

8 they failed to take the necessary and reasonable measures to prevent such

9 acts or to punish the perpetrators thereof.

10 The opportunistic killings of captured Bosnian Muslim men in the

11 Srebrenica "safe area" by VRS and MUP personnel acting in concert pursuant

12 to the joint criminal enterprise, and under the command and control of

13 Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan

14 Obrenovic and others, occurred in several different locations in the

15 Bratunac Brigade zone of responsibility, from 12 of July through about 1

16 November 1995. This opportunistic killings were a natural and foreseeable

17 consequence of the joint criminal enterprise, of which Vidoje Blagojevic,

18 Dragan Obrenovic and Dragan Jokic were members and key participants. Such

19 opportunistic killings in the Bratunac Brigade zone of responsibility

20 included but are not limited to:

21 Potocari: On 12th of July and 13th July 1995, VRS and/or MUP

22 personnel, working together with other individuals and units in the joint

23 criminal enterprise under the command and control of Ratko Mladic, Vidoje

24 Blagojevic and others, committed opportunistic killings of Bosnian Muslim

25 males at various locations around the UN compound in Potocari, including

1 the following:

2 (a) On the morning of the 13th July, the bodies of six Bosnian

3 Muslim women and five Bosnian Muslim men were found in a stream

4 near the UN Compound in Potocari.

5 (b) On 12th July, the bodies of nine Bosnian Muslim men who had

6 been shot, were found in the woods near the UN Compound on the

7 Budak side of the main road.

8 (c) On 12 July, the bodies of nine or ten Bosnian Muslim males

9 were found about 700 metres from the UN Compound behind the White

10 House in a creek.

11 (d) On 13 July, one Bosnian Muslim man was taken behind a building

12 near the "White House" and summarily executed.

13 Bratunac: On 12th and 13 July 19935, VRS and/or MUP soldiers,

14 working together with other individuals and units in the joint criminal

15 enterprise, under the command and control of Ratko Mladic, Radislav

16 Krstic, Vidoje Blagojevic and others, transported many of the Bosnian

17 Muslims who had been detained in Potocari or captured, by VRS and/or MUP

18 officers and units working together, in furtherance of the joint criminal

19 enterprise, with officers and units under the command and control of

20 Vidoje Blagojevic, from the column of Bosnian Muslim men retreating from

21 the Srebrenica enclave to locations in and around Bratunac, where they

22 were held in schools, buildings and vehicles parked along the road. VRS

23 and/or MUP military personnel including soldiers from the Bratunac Brigade

24 Military Police company, under the command and control of Vidoje

25 Blagojevic participated in the guarding of the prisoners detained at these

1 sites. Between 12 July 1995 and the evening of 13 July 1995, VRS and/or

2 MUP soldiers, working together with other individuals and units in the

3 joint criminal enterprise, under the command and control of Ratko Mladic,

4 Radislav Krstic, Vidoje Blagojevic and others, participated in numerous

5 opportunistic killings of the detained Bosnian Muslim men from the

6 Srebrenica enclave at various locations throughout Bratunac, including:

7 (a) On 12th July, beginning at approximately 2200 hours and

8 continuing through 13 July, more than 50 Bosnian Muslim men were

9 taken from a hangar behind the Vuk Karadzic elementary school in

10 Bratunac and summarily executed.

11 (b) On 13 July, at approximately 2130 hours, two Bosnian Muslim

12 men were taken off a truck in Bratunac town, taken to a nearby

13 garage and summarily executed.

14 (c) On 13 July, in the evening, a Bosnian Muslim man who was

15 mentally retarded was taken off a bus parked in front of the Vuk

16 Karadzic elementary school in Bratunac and summarily executed.

17 This execution was a natural and foreseeable consequence of the

18 joint criminal enterprise, of which Dragan Obrenovic was a member

19 by at least the early evening hours of 13 July 1995.

20 (d) On 13 July, during the day, one Bosnian Muslim man was beaten

21 about the head with a rifle at the Vuk Karadzic school and was

22 subsequently taken away and summarily executed. Numerous other

23 Bosnian Muslim men detained at the Vuk Karadzic elementary school

24 were also summarily executed during the day of 13 July.

25 (e) On the evening of 13 July, four young Bosnian Muslim males

1 were taken from the area of Vuk Karadzic School and were summarily

2 executed. This execution was a natural and foreseeable

3 consequence of the joint criminal enterprise, of which Dragan

4 Obrenovic was a member by at least the early evening hours of 13

5 July 1995.

6 (f) Between the evening of 13 July and the morning of 15 July,

7 Bosnian Muslim males were frequently and consistently taken from

8 the Vuk Karadzic elementary school and summarily executed. This

9 execution was a natural and foreseeable consequence of the joint

10 criminal enterprise, of which Dragan Obrenovic was a member by at

11 least the early evening hours of 13 July 1995 and of which Dragan

12 Jokic was a member by at least 14 July 1995.

13 Nova Kasaba: At sometime from 13 July through 27 July 1995, VRS

14 and/or MUP military personnel under the command of Ratko Mladic, Radislav

15 Krstic, and others captured and executed 33 Bosnian Muslim men originally

16 from the Srebrenica enclave, all of whom had been taken prisoner from the

17 column of Bosnian Muslim men retreating from the Srebrenica enclave. At

18 least 26 of the victims were summarily executed after having been placed

19 in two recently dug graves. Twenty-seven of the 33 men had their hands

20 tied behind their backs when they were executed. These graves were

21 located near the village of Nova Kasaba, Grid Reference CP 484 991. These

22 Bosnian Muslim men had been captured from the column of men retreating

23 from the Srebrenica enclave by VRS and/or MUP officers and units, working

24 together, in furtherance of the joint criminal enterprise, with units

25 under the command and control of Vidoje Blagojevic and others. This

1 execution was a natural and foreseeable consequence of the joint criminal

2 enterprise, of which Dragan Obrenovic was a member by at least the early

3 evening hours of 13 July 1995, and of which Dragan Jokic was a member by

4 at least 14 July 1995.

5 Konjevic Polje: At sometime from 13 July through 27 July 1995,

6 VRS and/or MUP soldiers under the command and control of Ratko Mladic,

7 Radislav Krstic, and others captured two Bosnian Muslim men originally

8 from the Srebrenica enclave, placed them in a pit near the village of

9 Konjevic Polje, Grid Reference CP 504 001, and summarily executed and

10 buried them. These Bosnian Muslim men had been captured from the column

11 of men retreating from the Srebrenica enclave by VRS and/or MUP officers

12 and units, working together, in furtherance of the joint criminal

13 enterprise, with units under the command and control of Vidoje Blagojevic

14 and others. This execution was a natural and foreseeable consequence of

15 the joint criminal enterprise, of which Dragan Obrenovic was a member by

16 at least the early evening hours of 13 July 1995, and of which Dragan

17 Jokic was a member by at least 14 July 1995.

18 Glogova: At sometime from 17 July through 27 July 1995, VRS

19 and/or MUP soldiers working together with other individuals and units in

20 the joint criminal enterprise and under the command and control of Ratko

21 Mladic, Radislav Krstic, and others, captured 12 Bosnian Muslim men

22 originally from the Srebrenica enclave, tied them together in six pairs,

23 shot each of them in the head, and buried them in a mass grave near the

24 village of Glogova, Grid Reference CP 615 964. These Bosnian Muslim men

25 had been captured from the column of men retreating from the Srebrenica

1 enclave by VRS and/or MUP officers and units in the zone of responsibility

2 of the Bratunac Brigade working together, in furtherance of the joint

3 criminal enterprise, with units under the command and control of Vidoje

4 Blagojevic and others. This execution was a natural and foreseeable

5 consequence of the joint criminal enterprise, of which Dragan Obrenovic

6 was a member by at least the early evening hours of 13 July 1995, and of

7 which Dragan Jokic was a member by at least 14 July 1995.

8 Kravica Market: During the night between 13 July and 14 July near

9 a supermarket in Kravica, a VRS and/or MUP soldier under the command of

10 Ratko Mladic and others placed his rifle barrel into the mouth of a

11 Bosnian Muslim prisoner and summarily executed the man; VRS and/or MUP

12 soldiers also struck, beat with rifle butts, and summarily executed

13 Bosnian Muslim prisoners who were detained on trucks near the

14 supermarket. These Bosnian Muslim men were captured and executed by VRS

15 and/or MUP officers and units, working together, in furtherance of the

16 joint criminal enterprise, with units under the command and control of

17 Vidoje Blagojevic and others. This execution was a natural and

18 foreseeable consequence of the joint criminal enterprise, of which Dragan

19 Obrenovic was a member by at least the early evening hours of 13 July

20 1995.

21 Bratunac Brigade: At sometime from 12 July through 1 November

22 1995, the following Bosnian Muslim men from Srebrenica were captured by

23 MUP forces, turned over to and interrogated by security personnel from the

24 Bratunac Brigade acting under the command and control of Vidoje Blagojevic

25 and others, and thereafter summarily executed by unknown persons:

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1 Zazif Avdic, son of Ramo, date of birth: 15 September 1954.

2 Munib Dedic, son of Emin, date of birth: 26 April 1956.

3 Aziz Husic, son of Osman, date of birth: 08 April 1966.

4 Resid Sinanovic, son of Rahman, date of birth: 15 October 1949.

5 Mujo Husic, son of Osman, date of birth: 27 August 1961.

6 Hasib Ibisevic, son of Ibrahim, date of birth: 27 February 1964.

7 This execution was a natural and foreseeable consequence of the

8 joint criminal enterprise, of which Dragan Obrenovic was a member by at

9 least the early evening hours of 13 July 1995, and of which Dragan Jokic

10 was a member by at least 14 July 1995.

11 From about 11 July 1995 through about 1 November 1995, Dragan

12 Obrenovic, acting in concert with other VRS and MUP officers and units as

13 identified in this joinder indictment, planned, instigated, ordered or

14 otherwise aided and abetted in the planning, preparation, or execution of

15 the opportunistic killings in the Zvornik Brigade zone of responsibility

16 of Bosnian Muslim men captured from the Srebrenica "safe area" by VRS

17 and/or MUP military personnel participating in this joint criminal

18 enterprise and acting under the command and control of Ratko Mladic,

19 Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic,

20 and others. Vidoje Blagojevic and Dragan Obrenovic knew or had reason to

21 know that their subordinates would and did participate in these criminal

22 acts, and they failed to take the necessary and reasonable measures to

23 prevent such acts or to punish the perpetrators thereof.

24 The opportunistic killings referenced in the above paragraph were

25 a natural and foreseeable consequence of the joint criminal enterprise, of

1 which Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic were members

2 and key participants. Such opportunistic killings occurred from about 12

3 July through about 1 November 1995 at various locations in the Zvornik

4 Brigade zone of responsibility, including, but not limited to:

5 Nezuk: On 19 July, 1995, VRS military personnel from the 16th

6 Brigade of the 1st Krajina Corps, resubordinated to the command of the

7 Zvornik Brigade, all under the command and control of Ratko Mladic,

8 Radislav Krstic and others, captured and with automatic weapons summarily

9 executed approximately 10 Bosnian Muslim males in a place near Nezuk in

10 the zone of responsibility of the Zvornik Brigade. Dragan Obrenovic, as

11 Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his

12 capacity as Chief of Staff upon the return of the Zvornik Brigade

13 Commander, assisted in the planning, controlling, monitoring, organising

14 and carrying out of the overall operation pursuant to which this summary

15 execution occurred. This execution was a natural and foreseeable

16 consequence of the joint criminal enterprise of which Vidoje Blagojevic

17 was a member by at least 12 July, 1995, and of which Dragan Jokic was a

18 member by at least the 14th of July, 1995.

19 Zvornik Brigade, on about 19 July, 1995, the following four

20 Bosnian Muslim men were captured from the column by VRS and/or MUP forces

21 in the Zvornik Brigade zone of responsibility and turned over to Zvornik

22 Brigade security personnel under the command and control of Dragan

23 Obrenovic:

24 (a) Sakib Kiviric, son of Salko, date of birth: 24 June 1964.

25 (b) Emin Mustafic, son of Rifet, date of birth: 7 October, 1969.

1 (c) Fuad Djozic son of Senusija, date of birth: 2nd May 1965.

2 (d) Almir Halilovic, son of Suljo, date of birth 25 August, 1980.

3 On or about 22nd July, 1995, these four Bosnian Muslim men were

4 interrogated by Zvornik Brigade personnel. Sometime thereafter, these men

5 were summarily executed by unknown persons working together with the

6 Zvornik Brigade security personnel. Dragan Obrenovic, as Chief of

7 Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as

8 Chief of Staff upon the return of the Zvornik Brigade Commander, assisted

9 in the planning, controlling, monitoring, organising and carrying out of

10 the overall operation pursuant to which this summary execution occurred.

11 These executions were a natural and foreseeable consequence of the joint

12 criminal enterprise, of which Vidoje Blagojevic was a member by at least

13 12th of July, 1995 and of which Dragan Jokic was a member by at least 14th

14 July, 1995.

15 Zvornik Brigade: On 20 August, 1995, Dzemail Salihovic, a Bosnian

16 Muslim from Srebrenica, was captured by forces of the Zvornik Brigade near

17 Kalesija while attempting to cross over to Muslim-held territory.

18 Mr. Salihovic was interrogated by personnel from the Zvornik Brigade and

19 was summarily executed sometime thereafter by unknown persons. Dragan

20 Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade,

21 acting in his capacity as Chief of Staff upon the return of the Zvornik

22 Brigade Commander, assisted in the planning, controlling, monitoring,

23 organising and carrying out of the overall operation pursuant to which

24 this summary execution occurred. This execution was a natural and

25 foreseeable consequence of the joint criminal enterprise, of which Vidoje

1 Blagojevic was a member by at least 12 July 1995, and of which Dragan

2 Jokic was a member by at least 14 July 1995.

3 Before, during and after the killings and mass executions which

4 occurred from 12 July until about 1 November 1995, Vidoje Blagojevic, as

5 Commander of the Bratunac Brigade, as previously described in this joinder

6 indictment, knew or should have known that his subordinates would and did

7 participate in these criminal acts, and failed to prevent or punish any of

8 those responsible for carrying out the assaults, executions, and burials

9 in the Bratunac and Zvornik Brigade zone of responsibility.

10 Before, during and after the killings and mass executions which

11 occurred from 12 July until about 1 November, 1995, Dragan Obrenovic, when

12 he was in charge of and subsequently commanding the Zvornik Brigade as

13 previously described in this joinder indictment, knew or should have known

14 that his subordinates would and did participate in these criminal acts,

15 and failed to prevent or punish any of those responsible for carrying out

16 the assaults, executions and burials in the Zvornik Brigade zone of

17 responsibility.

18 From about 1 August 1995 through about 1 November 1995, VRS units

19 participated in an organised a comprehensive effort to conceal the

20 killings and executions in the Zvornik and Bratunac Brigade zones of

21 responsibility by reburying bodies exhumed from initial mass graves at the

22 following locations: Branjevo Military Farm; Kozluk; the "Dam" near

23 Petkovci; Orahovac; and Glogova; and transferring them to secondary graves

24 at: 12 sites along the Cancari Road (containing bodies from Branjevo

25 Military Farm and Kozluk); four sites near Liplje (containing bodies from

1 the "Dam" near Petkovic); seven sites near Hodzici (containing bodies from

2 Orahovac); and seven sites near Zeleni Jadar (containing bodies from

3 Glogova). This reburial operation was a natural and foreseeable

4 consequence of the execution and original burial plan conceived by the

5 joint criminal enterprise, of which Vidoje Blagojevic, Dragan Obrenovic

6 and Dragan Jokic were members and key participants.

7 Vidoje Blagojevic, as Commander of the Bratunac Brigade, Dragan

8 Obrenovic, acting in his capacity as Chief of Staff/Deputy Commander and

9 Acting Commander of the Zvornik Brigade, Dragan Jokic, as Chief of

10 Engineering of the Zvornik Brigade, assisted in the planning, controlling,

11 monitoring, organising and carrying out of the activities described in the

12 above paragraph. Additionally, Vidoje Blagojevic and Dragan Obrenovic

13 knew or had reason to know that their subordinates would and did

14 participate in these criminal acts and they failed to take the necessary

15 and reasonable measures to prevent such acts or to punish the perpetrators

16 thereof.

17 JUDGE SCHOMBURG: Thank you very much, Madam Registrar.

18 Mr. [Microphone not activated] Now it's up to you --

19 THE INTERPRETER: Microphone, Your Honour, please.

20 JUDGE SCHOMBURG: Sorry. Mr. Blagojevic, Mr. Obrenovic and

21 Mr. Jokic, now it's up to you to enter a plea. I have to remind you once

22 again the admonition given at the beginning of this hearing. It is your

23 right to remain silent. You cannot be forced to answer, and no inferences

24 can be drawn from your silence. Only Rule 62 provides for that if in the

25 case an accused fails to enter a plea, the Judge shall enter a plea of not

1 guilty on the accused's behalf.

2 However, it seems only fair to inform you also on the other side

3 of the coin. In most courtrooms of this globe, any kind of cooperation

4 will not only be appreciated. It will cast a new light on your individual

5 case. Furthermore, just in case if - and I emphasise if - in this case,

6 it should come to sentencing stage, any kind of serious cooperation will

7 be held in your favour. This is true also under the settled jurisprudence

8 of this Tribunal.

9 This is not only a question of pleading vis-a-vis single counts.

10 You also can assist the judiciary in the attempt to come as close as

11 possible to the truth by your cooperation, for example, when you might be

12 ready to agree on some facts, especially bearing in mind the finding we

13 have already in the Krstic case which of course are not binding in this

14 case. You should discuss these options carefully with your Defence

15 counsel, balancing your individual interest.

16 Having said this, I want now to proceed as follows: As Rule 62 is

17 the individual right of an accused to plead, if there are no

18 objections from the side of especially the Defence counsels or from the

19 side of the OTP, then I want to adjourn for five minutes and then start

20 with the pleading of Mr. Blagojevic only. Then after that, the further

21 appearance of Mr. Obrenovic only. And then finally, the one of

22 Mr. Jokic. Any objections?

23 MR. KARNAVAS: No objections, Your Honour.

24 JUDGE SCHOMBURG: Then we will adjourn for five minutes and we

25 will have only Mr. Blagojevic and the Defence counsel. Thank you.

1 --- Recess taken at 4.56 p.m.

2 --- On resuming at 5.05 p.m.

3 [The accused Blagojevic entered court]

4 JUDGE SCHOMBURG: [Microphone not activated] Mr. Blagojevic, you

5 understood the admonition?

6 THE ACCUSED BLAGOJEVIC: [Interpretation] Your Honour, I did

7 understand the admonition.

8 JUDGE SCHOMBURG: The first count of the indictment is complicity

9 to commit genocide, punishable under Articles 4(3)(e), 7(1) and 7(3) of

10 the Statute of the Tribunal. What is your plea?

11 THE ACCUSED BLAGOJEVIC: [Interpretation] Your Honour, I received

12 the joinder -- the joinder indictment, and I read it, and today I had the

13 opportunity of listening to it again. With regard to the joinder

14 indictment, I would like to say that on all the counts that are cited in

15 the indictment, I am not guilty, and I am going to persuade this Court of

16 the fact and the international public.

17 JUDGE SCHOMBURG: You make already a reference to other counts,

18 but I have to repeat also the other counts because if -- as I mentioned

19 before, there's no obligation. But if you want to, you should enter a

20 plea vis-a-vis all singed counts.

21 Count 2: This is extermination, a crime against humanity,

22 punishable under Articles 5(b), 7(1) and 7(3) of the Statute of the

23 Tribunal.

24 THE ACCUSED BLAGOJEVIC: [Interpretation] I am not guilty on this

25 count.

1 JUDGE SCHOMBURG: Count 3: Murder, a crime against humanity,

2 punishable under Articles 5(b), 7(1) and 7(3) of the Statute of the

3 Tribunal?

4 THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilt.

5 JUDGE SCHOMBURG: Count 4: Murder, a violation of the laws or

6 customs of war, punishable under Article 3, 7(1), and 7(3) of the Statute

7 of the Tribunal.

8 THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilty.

9 JUDGE SCHOMBURG: Count 5: Persecutions on political, racial, and

10 religious grounds, a crime against humanity, punishable under Articles

11 5(h), 7(1) and 7(3) of the Statute of the Tribunal.

12 THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilty.

13 JUDGE SCHOMBURG: Count 6: Inhumane acts, forcible transfer, a

14 crime against humanity, punishable under Articles 5(i), 7(1), and 7(3) of

15 the Statute of the Tribunal.

16 THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilty.

17 JUDGE SCHOMBURG: Do you want to make any other comments?

18 THE ACCUSED BLAGOJEVIC: [Interpretation] No, Your Honour.

19 JUDGE SCHOMBURG: Thank you. Then we'll have a short break

20 only -- I see -- yes.

21 MR. KARNAVAS: Your Honour, just a minor clarification. I believe

22 that he has indicated that he was innocent versus not guilty, and I think

23 the record should reflect that.

24 JUDGE SCHOMBURG: That's correct. And I see it before me. It's

25 quite clear from the beginning.

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1 Then after a short break, we should turn to Mr. Obrenovic and the

2 Defence counsel of Mr. Obrenovic. Only a short break.

3 [The accused Blagojevic withdrew]

4 --- Break taken at 5.10 p.m.

5 --- On resuming at 5.13 p.m.

6 [The accused Obrenovic entered court]

7 JUDGE SCHOMBURG: [Microphone not activated] May I first of all --

8 THE INTERPRETER: Microphone, Your Honour, please. Microphone,

9 please.

10 JUDGE SCHOMBURG: Mr. Obrenovic, may I ask you first of all

11 whether or not you understood the admonitions given to you.

12 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I have.

13 JUDGE SCHOMBURG: Then I have to ask you your response to the

14 alleged Count 1: Complicity to commit genocide, punishable under Articles

15 4(3)(e), 7(1) and 7(3) of the Statute of the Tribunal.

16 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not

17 guilty.

18 JUDGE SCHOMBURG: Count 2: Extermination, a crime against

19 humanity, punishable under Articles 5(b), 7(1) and 7(3) of the Statute of

20 the Tribunal?

21 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not

22 guilty.

23 JUDGE SCHOMBURG: Count 3: Murder, a crime against humanity,

24 punishable under Articles 5(a), 7(1) and 7(3) of the Statute of the

25 Tribunal?

1 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not

2 guilty.

3 JUDGE SCHOMBURG: Count 4: Murder, a violation of the laws or

4 customs of war, punishable under Articles 3, 7(1) and 7(3) of the Statute

5 of the Tribunal?

6 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not

7 guilty.

8 JUDGE SCHOMBURG: Count 5: Persecutions on political, racial, and

9 religious grounds, a crime against humanity, punishable under Articles

10 5(h), 7(1) and 7(3) of the Statute of the Tribunal?

11 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not

12 guilty.

13 JUDGE SCHOMBURG: And Count 6: Inhumane acts, forcible transfer,

14 a crime against humanity, punishable under Articles 5(i), 7(1) and 7(3) of

15 the Statute of the Tribunal?

16 THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not

17 guilty.

18 JUDGE SCHOMBURG: Do you want to make any other comments?

19 THE ACCUSED OBRENOVIC: [Interpretation] No, I don't, Your Honour.

20 JUDGE SCHOMBURG: Thank you. Then we adjourn for five minutes,

21 and the last part will be heard with the Bench of three Judges. Thank you

22 [The accused Obrenovic withdrew]

23 --- Break taken at 5.17 p.m.

24 --- On resuming at 5.30 p.m.

25 JUDGE SCHOMBURG: Please bring in Mr. Jokic.

1 [The accused Jokic enters court]

2 JUDGE SCHOMBURG: Mr. Jokic, first of all, I have to ask you

3 whether or not you understood the admonitions given before.

4 THE ACCUSED JOKIC: [Interpretation] Yes, I did.

5 JUDGE SCHOMBURG: Then I come to count 2. Count 1 is not relevant

6 for you. This is extermination, a crime against humanity, punishable

7 under Articles 5(b) and 7(1) of the Statute of the Tribunal.

8 THE ACCUSED JOKIC: [Interpretation] I'm not guilty, Your Honour.

9 JUDGE SCHOMBURG: Count 3: Murder, a crime against humanity

10 punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.

11 THE ACCUSED JOKIC: [Interpretation] Not guilty.

12 JUDGE SCHOMBURG: Count 4: Murder, a violation of the laws or

13 customs of war, punishable under Articles 3, 7(1) of the Statute of the

14 Tribunal.

15 THE ACCUSED JOKIC: [Interpretation] Not guilty.

16 JUDGE SCHOMBURG: Count 5: Persecutions on political, racial and

17 religious grounds, a crime against humanity, punishable under Articles

18 5(h) and 7(1) of the Statute of the Tribunal.

19 THE ACCUSED JOKIC: [Interpretation] Not guilty, Your Honour.

20 JUDGE SCHOMBURG: Do you want to make any other comments?

21 THE ACCUSED JOKIC: [Interpretation] I do not, Your Honour.

22 JUDGE SCHOMBURG: Thank you. Please be seated.

23 Then we come to the motion still pending on provisional release.

24 --- Whereupon the Further Appearance adjourned at

25 5.40 p.m.