Tribunal Criminal Tribunal for the Former Yugoslavia

Page 12

1 Tuesday, 14 December 2004

2 [Further Initial Appearance]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.36 p.m.

6 JUDGE EL MAHDI: [Interpretation] Good afternoon, everybody. I

7 will ask the registrar to call the case.

8 THE REGISTRAR: Good afternoon, Your Honour. This is Case Number

9 IT-95-17-I, the Prosecutor versus Miroslav Bralo.

10 JUDGE EL MAHDI: [Interpretation] Thank you very much, Mr.

11 Registrar.

12 Can we have the appearances, starting with the Prosecution.

13 MR. HARMON: Good afternoon, Your Honour, Counsel. My name is

14 Mark Harmon. Appearing with me today is Fergal Gaynor to my right, and

15 to my left is Sebastiaan van Hooydonk.

16 JUDGE EL MAHDI: [Interpretation] Thank you very much.

17 For the Defence, please.

18 MS. LINDSAY: Good afternoon, Your Honour. Virginia Lindsay on

19 behalf of Miroslav Bralo and I'm being assisted by an interpreter,

20 Snezana Bukal.

21 JUDGE EL MAHDI: [Interpretation] Please sit down, Madam.

22 I believe you have the assistance of an interpreter. Is that right?

23 MS. LINDSAY: Yes, Your Honour.

24 JUDGE EL MAHDI: [Interpretation] Who I believe is not part of the

25 Defence team as such, is that right, so far? But she will be part of the

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1 Defence team soon. Is that right?

2 MS. LINDSAY: That's correct, Your Honour.

3 JUDGE EL MAHDI: [Interpretation] Mr. Bralo, good afternoon.

4 THE ACCUSED: [No Interpretation]

5 JUDGE EL MAHDI: [Interpretation] Can you hear me in a language

6 you understand?

7 THE ACCUSED: [Interpretation] Yes.

8 JUDGE EL MAHDI: [Interpretation] Thank you.

9 A short reminder of the proceedings so far. Pursuant to Rule 62

10 of the Rules of Procedure and Evidence, an initial appearance in this

11 case was held on the 15th of November, 2004. And during the hearing, I

12 explained to the parties what the case was about and I asked Mr. Bralo

13 whether he was ready and willing to plead during the hearing. As is set

14 forth by the Rules, he can also wait for 30 days, within which time

15 period he can make up his mind. And Mr. Bralo decided to think it over

16 to examine the indictment in order to plead knowing the circumstances,

17 and that he would do so later on.

18 So within the time limits set by the Rules, which is 30 days, so

19 pursuant to the rules, we are holding today this further appearance

20 hearing in order to finalise the work which was started on the 15th of

21 November, 2004. Pursuant to the Rules of this Tribunal, the indictment,

22 as decided by the indictee, can be either read out in it entirety or,

23 alternatively, it is possible to read only the counts charged against the

24 accused so that he can plead guilty or not guilty to each of the counts.

25 So I'm going to put the question again today.

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1 Mr. Bralo, do you want the indictment to be read out in its

2 entirety or do you waive this right and are you happy for the counts only

3 to be read so that you can plead guilty or not guilty? This is the

4 question I'm putting to you, Mr. Bralo. Do you wish the indictment to be

5 read out?

6 THE ACCUSED: [Interpretation] Your Honour, there is no need to

7 read the entire indictment. I am familiar with the indictment.

8 JUDGE EL MAHDI: [Interpretation] Very well.

9 My second question is as follows: As much as you say you are

10 familiar with the indictment, you realise that among the counts in the

11 indictment there is the chapeau as it is called, which is the general

12 explanation for each of the counts, the general allegations. Let me give

13 you an example and you can discuss this with your counsel if you so wish.

14 For instance, paragraph 15 of the indictment, it has to do with

15 general allegations leading to Counts 1 and 2. Do you also waive the

16 right of having the -- those headings or introductions read out? And are

17 you -- do you just wish the counts as such to be read out. Is that

18 right? You said yes, you answered yes to this question, too. Is that

19 right.

20 THE ACCUSED: [Interpretation] Yes.

21 JUDGE EL MAHDI: [Interpretation] Before going any further,

22 however, I wish to remind you of the background of this case. As I did

23 during the hearing held on 15th of November, I sort of gave you in broad

24 terms the charges against Mr. Bralo. The period involved goes from April

25 1993 to June 1993, and there are allegations against Mr. Bralo, who's

Page 15

1 charged with committing acts that are tantamount to crimes falling under

2 Articles 2 and 3 of the Statute of the Tribunal, namely grave breaches of

3 the Geneva Conventions, as under Article 2 of the Statute, as well as

4 crimes -- war crimes which are also under Article 3 of the same Statute.

5 To bring the previous hearing, there was a small detail of

6 disagreement between what was stated in the indictment and what Mr. Bralo

7 said concerning his position or his work before the armed conflict. As

8 stated in the indictment, Mr. Bralo was said to have been working in a

9 company called Slobodan Princip Seljo, whilst Mr. Bralo said he never

10 worked in the said company. At the time, I put the question to the

11 Prosecution to ask whether the detail was relevant or not in the

12 indictment.

13 Mr. Harmon, do you think that this is a relevant detail that will

14 have consequences on the identity of the accused?

15 MR. HARMON: I do not, Your Honour.

16 JUDGE EL MAHDI: [Interpretation] I understand very well because

17 you were not present at the hearing. There was a minor detail, the fact

18 that the -- an Accused B is mentioned in the indictment, whereas the

19 current indictment only mentions one accused. So anyone who doesn't know

20 the whole history of the case would not be able to understand who is the

21 Accused B, since we only have one accused here. So during the last

22 hearing, I'd asked for some clarification on this point and how the

23 Prosecutor was planning to go about providing a clearer indictment.

24 MR. HARMON: Your Honour, I am prepared to make certain

25 amendments to this indictment to clarify that issue. I believe Accused B

Page 16

1 was someone who had been previously accused --

2 JUDGE EL MAHDI: [Interpretation] Yes.

3 MR. HARMON: [Previous translation continues]... from my

4 indictment that was --

5 JUDGE EL MAHDI: [Interpretation] Well, I follow you perfectly.

6 However, the problems remain -- the problem remains. Anyone reading this

7 indictment today will wonder who this Accused B is because he's nowhere

8 to be found, this Accused B. Isn't it right? I mean, initially there

9 were four of them, that's the whole background of the case; I'm not going

10 to go into details right now. But I think it is worth looking into the

11 matter. The Prosecution had better look into this so that Mr. Bralo be

12 fully aware of what he's pleading today when he does so.

13 So if you wish us to go into private session in order to provide

14 some explanation on this point, so that Mr. Bralo can really plead being

15 fully aware of all the circumstances.

16 MR. HARMON: That's fine, Your Honour.

17 JUDGE EL MAHDI: [Interpretation] Thank you very much, Mr. Harmon.

18 Mr. Registrar, can we move into private session.

19 [Private session]

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24 [Open session]

25 JUDGE EL MAHDI: [Interpretation] We are now in open session.

Page 19

1 Mr. Registrar, I shall ask you to read out only the counts in -- there

2 are 21 of them, 21 counts against Mr. Bralo. Mr. Registrar, once you

3 have finished reading each of the counts, please stop so that I can ask

4 Mr. Bralo whether he pleads guilty or not guilty. Please go ahead.

5 THE REGISTRAR: Thank you, Your Honour.

6 Count 1: Grave breach (unlawful confinement of civilians), as

7 recognised by Article 2 (G) of the Tribunal's Statute.

8 JUDGE EL MAHDI: [Interpretation] How do you plead? Please stand

9 up, Mr. Bralo. How do you plead?

10 THE ACCUSED: [Interpretation] Not guilty.

11 JUDGE EL MAHDI: [Interpretation] Thank you very much.

12 Second count, please.

13 THE REGISTRAR: Count 2: Violations of the laws or customs of

14 war (outrages on personal dignity), as recognised by Article 3 of the

15 Tribunal's Statute.

16 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

17 guilty or not guilty?

18 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

19 JUDGE EL MAHDI: [Interpretation] Count 3, please.

20 THE REGISTRAR: Count 3: Grave breach (inhumane treatment), as

21 recognised by Article 2(b) of the Tribunal's Statute.

22 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

23 guilty or not guilty?

24 THE ACCUSED: [Interpretation] Not guilty.

25 JUDGE EL MAHDI: [Interpretation] Thank you.

Page 20

1 THE REGISTRAR: Count 4: Violations of the laws or customs of

2 war (cruel treatment) as recognised by Article 3 of the Tribunal's

3 Statute.

4 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

5 guilty or not guilty?

6 THE ACCUSED: [Interpretation] Not guilty.

7 JUDGE EL MAHDI: [Interpretation] Count 5.

8 THE REGISTRAR: Count 5: Grave breach (wilful killing) as

9 recognised by the Tribunal's Statute.

10 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

11 guilty or not guilty?

12 THE ACCUSED: [Interpretation] Not guilty.

13 JUDGE EL MAHDI: [Interpretation] Count 6, please.

14 THE REGISTRAR: Violation of the laws or customs of war (murder)

15 recognised by Article 3 of the Tribunal's Statute.

16 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

17 guilty or not guilty?

18 THE ACCUSED: [Interpretation] Not guilty.

19 JUDGE EL MAHDI: [Interpretation] Thank you.

20 Count 7.

21 THE REGISTRAR: Count 7: Grave breach (torture or inhumane

22 treatment) recognised by Article 2(b) of the Tribunal's Statute.

23 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

24 guilty or not guilty?

25 THE ACCUSED: [Interpretation] Guilty [as interpreted].

Page 21

1 JUDGE EL MAHDI: [Interpretation] Thank you.

2 Count 8.

3 THE REGISTRAR: Count 8: Violation of the laws or customs of war

4 (torture), as recognised by the Statute of the Tribunal.

5 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

6 guilty or not guilty?

7 THE ACCUSED: [Interpretation] Not guilty.

8 JUDGE EL MAHDI: [Interpretation] Count 9.

9 THE REGISTRAR: Grave breach (torture or inhumane treatment),

10 recognised by Articles 2(b) of the Tribunal Statute.

11 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

12 guilty or not guilty?

13 THE ACCUSED: [No interpretation]

14 JUDGE EL MAHDI: [Interpretation] Thank you.

15 THE REGISTRAR: Count 10, violation of the laws or customs of war

16 (torture) as recognised by Article 3 of the Tribunal's Statute.

17 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

18 guilty or not guilty?

19 THE ACCUSED: [Interpretation] Guilty -- not guilty [as

20 interpreted].

21 JUDGE EL MAHDI: [Interpretation] Fine.

22 Count 11.

23 THE REGISTRAR: Violation of the laws or customs of war (outrages

24 on personal dignity including rape), recognised by Article 3 of the

25 Tribunal's Statute.

Page 22

1 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

2 guilty or not guilty?

3 THE ACCUSED: [No interpretation]

4 JUDGE EL MAHDI: [Interpretation] Thank you.

5 Count 12.

6 THE REGISTRAR: Grave breach (torture or inhumane treatment)

7 recognised by Article 3 of the Tribunal's Statute.

8 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo?

9 THE ACCUSED: [Interpretation] Not guilty.

10 JUDGE EL MAHDI: [Interpretation] Thank you.

11 Count 13.

12 THE REGISTRAR: Count 13, violation of the laws or customs of war

13 (torture), recognised by Article 3 of the Tribunal's Statute.

14 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

15 guilty or not guilty?

16 THE ACCUSED: [No interpretation]

17 JUDGE EL MAHDI: [Interpretation] Thank you.

18 Count 14.

19 THE REGISTRAR: Count 14. Violation of the laws of customs of

20 war (outrages upon personal dignity including rape), recognised by

21 Article 3 of the Tribunal's Statute.

22 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

23 guilty or not guilty?

24 THE ACCUSED: [Interpretation] Not guilty.

25 JUDGE EL MAHDI: [Interpretation] Thank you.

Page 23

1 Count 15.

2 THE REGISTRAR: Count 15, grave breach (torture or inhumane

3 treatment) recognised by Article 3 of the Tribunal's Statute.

4 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

5 guilty or not guilty?

6 THE ACCUSED: [Interpretation] Not guilty.

7 JUDGE EL MAHDI: [Interpretation] Thank you.

8 Count 16.

9 THE REGISTRAR: Count 16, violation of the laws or customs of war

10 (torture), recognised by Article 3 of the Tribunal's Statute.

11 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

12 guilty or not guilty?

13 THE ACCUSED: [No interpretation]

14 JUDGE EL MAHDI: [Interpretation] Thank you.

15 Count 17.

16 THE REGISTRAR: Violation of the laws or customs of war (outrages

17 on personal dignity including rape), recognised by Article 3 of the

18 Tribunal's statute.

19 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

20 guilty or not guilty?

21 THE ACCUSED: [Interpretation] Not guilty.

22 JUDGE EL MAHDI: [Interpretation] Thank you.

23 Count 18.

24 THE REGISTRAR: Count 18 grave breach (torture or inhumane

25 treatment), recognised by Article 3 of the Tribunal's Statute.

Page 24

1 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

2 guilty or not guilty?

3 THE ACCUSED: [Interpretation] Not guilty.

4 JUDGE EL MAHDI: [Interpretation] Thank you.

5 Count 19.

6 THE REGISTRAR: Count 19, grave breach (unlawful confinement),

7 recognised by Article 2(g) of the Tribunal's Statute.

8 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

9 guilty or not guilty?

10 THE ACCUSED: [Interpretation] Not guilty.

11 JUDGE EL MAHDI: [Interpretation] Thank you.

12 Count 20.

13 THE REGISTRAR: Count 20, violation of the laws or customs of war

14 (torture), recognised by Article 3 of the Tribunal's Statute.

15 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

16 guilty or not guilty?

17 THE ACCUSED: [Interpretation] Not guilty.

18 JUDGE EL MAHDI: [Interpretation] Thank you.

19 Count 21, please.

20 THE REGISTRAR: Count 21, violation of the laws or customs of war

21 (outrages upon personal dignity including rape), recognised by Article 3

22 of the Tribunal's Statute.

23 JUDGE EL MAHDI: [Interpretation] Thank you, Mr. Registrar.

24 How do you plead, Mr. Bralo, guilty or not guilty?

25 THE ACCUSED: [No interpretation]

Page 25

1 JUDGE EL MAHDI: [Interpretation] Thank you very much.

2 [In English] Thank you.

3 [Interpretation] I have just been told that there was no

4 interpretation regarding Counts 9 and 13 as well as Count 16.

5 MS. LINDSAY: I believe also Count 7 is reflected as a guilty

6 plea. It should be not guilty. And also Count 11 does not have an

7 interpretation.

8 JUDGE EL MAHDI: [Interpretation] But I believe that I myself put

9 the question again of Mr. Bralo, because I heard "guilty," but he

10 confirmed that he had pleaded not guilty, didn't he? So you mentioned

11 Count 7 as well. Is that right?

12 MS. LINDSAY: Yes, Your Honour.

13 JUDGE EL MAHDI: [Interpretation] So we're going to check

14 together. I hope you don't mind.

15 So Count 7, Count 9, Count 13, and Count 16. Is that right?

16 MS. LINDSAY: And -- well, if -- and I thought also Count 11, but

17 if that was correctly recorded --

18 JUDGE EL MAHDI: [Interpretation] Well, better be safe than sorry.

19 Thank you.

20 So I will ask Mr. Registrar to read those counts again, starting

21 with Count 7.

22 THE REGISTRAR: Count 7: Grave breach (torture or inhumane

23 treatment), recognised by Article 2(b) of the Tribunal's Statute.

24 JUDGE EL MAHDI: [Interpretation] I'm sorry, Mr. Bralo, there was

25 a problem with the interpretation. So I'm going to ask you to answer

Page 26

1 this count again. How do you plead, guilty or not guilty?

2 THE ACCUSED: [Interpretation] Not guilty.

3 JUDGE EL MAHDI: [Interpretation] Fine.

4 Let's move on to Count 9.

5 THE REGISTRAR: Count 9, grave breach, torture or inhumane

6 treatment, recognised by Article 2(b) of the Tribunal's Statute.

7 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

8 guilty or not guilty?

9 THE ACCUSED: [Interpretation] Not guilty.

10 JUDGE EL MAHDI: [Interpretation] Thank you. Count 11.

11 THE REGISTRAR: Count 11. Violations of the laws or customs of

12 war (outrages upon personal dignity including rape), recognised by

13 Article 3 of the Tribunal's Statute.

14 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

15 guilty or not guilty?

16 THE ACCUSED: [Interpretation] Not guilty.

17 JUDGE EL MAHDI: [Interpretation] Count 13.

18 THE REGISTRAR: Count 13, violation of the laws or customs of war

19 (torture), recognised by Article 3 of the Tribunal's statute.

20 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

21 guilty or not guilty?

22 THE ACCUSED: [Interpretation] Not guilty.

23 JUDGE EL MAHDI: [Interpretation] Not guilty.

24 Count 16.

25 THE REGISTRAR: Count 16, violation of the laws or customs of war

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1 (torture), recognised by Article 3 of the Tribunal's Statute.

2 JUDGE EL MAHDI: [Interpretation] How do you plead, Mr. Bralo,

3 guilty or not guilty?

4 THE ACCUSED: [Interpretation] Not guilty.

5 JUDGE EL MAHDI: [Interpretation] Thank you very much. Please sit

6 down.

7 So I am now able to confirm that Mr. Bralo pleaded not guilty to

8 each count. I wanted to avoid any incident arising from the translation

9 or interpretation. So with regard to each and every count in the

10 indictment, it is now clear that Mr. Bralo has pleaded not guilty.

11 So at this juncture I will turn to Mr. Harmon. Do you have

12 anything to add?

13 MR. HARMON: I do not, Your Honour. Thank you.

14 JUDGE EL MAHDI: [Interpretation] Very well.

15 I'm now turning to the Defence. Do you have anything to add, Ms.

16 Lindsay?

17 MS. LINDSAY: No, Your Honour.

18 JUDGE EL MAHDI: [Interpretation] One question I'd like to put to

19 you is as follows: Did you inquire about the health and detention

20 condition of Mr. Bralo? As far as you know, does he have any health

21 problems? Do you want to warn me or let me know of anything in open or

22 in private session as is necessary? We can move into private session if

23 you want to.

24 MS. LINDSAY: That's not necessary, Your Honour. I did inquire

25 and there are no representations to be made at this point.

Page 28

1 JUDGE EL MAHDI: [Interpretation] Thank you very much. You can

2 sit down.

3 So pursuant to Rule 62 of the Rules of Procedure and Evidence

4 which says under VI -- V: "In case of a plea of not guilty, instruct the

5 registrar to set a date for the trial."

6 So pursuant to the provision under Roman V in Rule 62, I shall

7 instruct the registrar to set a date for trial.

8 This being said, I believe that I can now declare the hearing

9 adjourned, and I thank everybody.

10 --- Whereupon the Further Initial Appearance

11 adjourned at 3.17 p.m.

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