Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Friday, 16 November 2001

2 [Initial Appearance]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 2.37 p.m.

6 JUDGE FASSI FIHRI: [Interpretation] Madam Registrar, will you call

7 the case, please.

8 THE REGISTRAR: [Interpretation] Good afternoon, Your Honour. Case

9 IT-95-8/1-I, the Prosecutor versus Nenad Banovic and Predrag Banovic.

10 JUDGE FASSI FIHRI: [Interpretation] Could the parties present

11 themselves, please. Can we have the appearances for the Prosecution

12 first?

13 MR. RYNEVELD: Thank you, Your Honour. Dirk Ryneveld along with

14 Nicholas Koumjian for the Prosecution.

15 JUDGE FASSI FIHRI: [Interpretation] And for the Defence, please.

16 MS. NIKOLIC: [Interpretation] Thank you, Your Honour. I am Jelena

17 Nikolic, attorney from Novi Sad, Yugoslavia, representing the Defence of

18 Mr. Nenad Banovic.

19 MR. VISNJIC: [Interpretation] Your Honour, I'm Tomslav Visnjic,

20 attorney representing Mr. Predrag Banovic.

21 JUDGE FASSI FIHRI: [Interpretation] Mr. Nenad Banovic and

22 Mr. Predrag Banovic, will you please rise.

23 Can you follow the hearing in a language that you understand?

24 THE ACCUSED N. BANOVIC: [Interpretation] Yes.

25 JUDGE FASSI FIHRI: [Interpretation] Mr. Nenad Banovic, will you

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1 please tell us your name, first name, age, and occupation.

2 THE ACCUSED N. BANOVIC: [Interpretation] I was born on the 28th of

3 October, 1969, in Prijedor, and I am a catering worker, and my name is

4 Nenad Banovic.

5 JUDGE FASSI FIHRI: [Interpretation] Mr. Predrag Banovic, please,

6 will you introduce yourself.

7 THE ACCUSED P. BANOVIC: [Interpretation] I was born on the 28th of

8 October, 1969, in Prijedor. I am also a catering worker.

9 JUDGE FASSI FIHRI: [Interpretation] Please be seated.

10 This is your initial appearance before the Tribunal. This

11 formality is of essential importance, and on this occasion, you will be

12 able to hear the charges which the Prosecutor has pressed against you.

13 Have you received the indictment, Mr. Nenad? Have you received

14 the indictment?

15 THE ACCUSED N. BANOVIC: [Interpretation] Yes.

16 JUDGE FASSI FIHRI: [Interpretation] And you, Mr. Predrag, have you

17 received the indictment?

18 THE ACCUSED P. BANOVIC: [Interpretation] Yes.

19 JUDGE FASSI FIHRI: [Interpretation] Have you spoken to your

20 attorneys? Do you want the indictment to be read out in its entirety in

21 this courtroom? This is a right that you may use, or you may waive this

22 right.

23 Mr. Nenad, do you want the whole indictment to be read out to you

24 or not?

25 THE ACCUSED N. BANOVIC: [Interpretation] No.

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1 JUDGE FASSI FIHRI: [Interpretation] Mr. Predrag?

2 THE ACCUSED P. BANOVIC: [Interpretation] No, thank you.

3 JUDGE FASSI FIHRI: [Interpretation] In that case, I take note that

4 both of you have waived this right.

5 We are now proceeding to the main event of this initial

6 appearance, and that is your -- whether you intend to plead guilty or not

7 guilty to the charges against you, unless you prefer to do so within a

8 time period of 30 days. So have you understood? You can plead guilty or

9 not guilty today, but you may also request to have a time period of 30

10 days to make that plea. Which do you prefer, to plead today or later?

11 We are now going to read out the charges against you, upon which

12 you will tell us whether you plead guilty or not guilty.

13 Madam Registrar, will you please read the charges?

14 THE REGISTRAR: Second Amended Indictment: The accused, Nenad

15 Banovic, also known as Bani, born on the 28th of October, 1969, in

16 Prijedor, Bosnia-Herzegovina. Prior to the conflict, he worked as a

17 waiter. He regularly performed duties as a guard at the Keraterm camp and

18 participated in the abusing, beating, torturing and/or killing detainees

19 in the Keraterm camp.

20 Predrag Banovic, also known as Cupo, born on the 28th of October,

21 1969, in Prijedor, Bosnia-Herzegovina. Prior to the conflict, he worked

22 as a waiter. He regularly performed duties as a guard at the Keraterm

23 camp and participated in abusing, beating, torturing and/or killing

24 detainees in the Keraterm camp.

25 The charges. Counts 3 to 5: Persecutions, inhuman acts, and

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1 outrages upon personal dignity.

2 JUDGE FASSI FIHRI: [Interpretation] Do you plead guilty or not

3 guilty of these charges?

4 THE ACCUSED P. BANOVIC: [Interpretation] Not guilty.

5 JUDGE FASSI FIHRI: [Interpretation] And you, please?

6 THE ACCUSED N. BANOVIC: [Interpretation] [No interpretation]

7 THE INTERPRETER: The microphone was not on. Could you switch on

8 the microphone, please?

9 THE ACCUSED N. BANOVIC: [Interpretation] Your Honour, I am not

10 guilty.

11 JUDGE FASSI FIHRI: [Interpretation] Sit down, please.

12 Will you continue reading with the other counts, please?

13 THE REGISTRAR: Yes, Your Honour. Counts 16 to 22. Predrag

14 Banovic, Count 16, murder, a crime against humanity, punishable under

15 Articles 5(a) and 7(1) of the Statute of the Tribunal; and Count 17,

16 murder, a violation of the laws or customs of war, as recognised by

17 Article 3(1)(a) of the Geneva Conventions of 1949, punishable under

18 Articles 3 and 7(1) of the Statute of the Tribunal; and Count 18, torture,

19 a crime against humanity, punishable under Articles 5(f) and 7(1) of the

20 Statute of the Tribunal; and Count 19, torture, a violation of the laws or

21 customs of war, as recognised by Article 3(1)(a) of the Geneva Conventions

22 of 1949, punishable under Articles 3 and 7(1) of the Statute of the

23 Tribunal; and Count 20, inhuman acts, a crime against humanity, punishable

24 under Articles 5(i) and 7(1) of the Statute of the Tribunal; and Count 21,

25 cruel treatment, a violation of the laws or customs of war as recognised

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1 by Article 3(1)(a) of the Geneva Conventions of 1949, punishable under

2 Articles 3 and 7(1) of the Statute of the Tribunal.

3 JUDGE FASSI FIHRI: [Interpretation] Predrag Banovic, Predrag, will

4 you rise, please? How do you plead to these counts that have been read

5 out to you by Madam Registrar?

6 THE ACCUSED P. BANOVIC: [Interpretation] Not guilty.

7 JUDGE FASSI FIHRI: [Interpretation] Sit down. Continue, please.

8 THE REGISTRAR: Counts 23 to 26. Predrag Banovic, Count 23,

9 murder, a crime against humanity, punishable under Articles 5(a) and 7(1)

10 of the Statute of the Tribunal; and Count 24, murder, a violation of the

11 laws or customs of war as recognised by Article 3(1)(a) of the Geneva

12 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute

13 of the Tribunal; or, in the alternative, Count 25, inhuman acts, a crime

14 against humanity, punishable under Articles 5(i) and 7(1) of the Statute

15 of the Tribunal; and Count 26, cruel treatment, a violation of the laws or

16 customs of war as recognised by Article 3(1)(a) of the Geneva Conventions

17 of 1949, punishable under Articles 3 and 7(1) of the Statute of the

18 Tribunal.

19 JUDGE FASSI FIHRI: [Interpretation] Predrag Banovic, rise again,

20 please. How do you plead?

21 THE ACCUSED P. BANOVIC: [Interpretation] Not guilty.

22 JUDGE FASSI FIHRI: [Interpretation] Sit down.

23 Continue, please.

24 THE REGISTRAR: [Interpretation] Counts 27 to 32.

25 Predrag Banovic, Nenad Banovic: Count 27, murder, a crime against

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1 humanity, punishable under Articles 5(a) and 7(1) of the Statute of the

2 Tribunal; and Count 28, murder, a violation of the laws or customs of war

3 as recognised by Article 3(1)(a) of the Geneva Conventions of 1949,

4 punishable under Articles 3 and 7(1) of the Statute of the Tribunal; or in

5 the alternative, Count 29, torture, a crime against humanity, punishable

6 under Articles 5(f) and 7(1) of the Statute of the Tribunal; and Count 30,

7 torture, a violation of the laws or customs of war as recognised by

8 Article 3(1)(a) of the Geneva Conventions of 1949, punishable under

9 Articles 3 and 7(1) of the Statute of the Tribunal; and Count 31, inhuman

10 acts, a crime against humanity punishable under Articles 5(i) and 7(1) of

11 the Statute of the Tribunal; and Count 32, cruel treatment, a violation of

12 the laws or customs of war as recognised by Article 3(1)(a) of the Geneva

13 Conventions of 1949, punishable under Articles 3 and 7(1) of the Statute

14 of the Tribunal.

15 JUDGE FASSI FIHRI: [Interpretation] Predrag Banovic.

16 THE ACCUSED P. BANOVIC: [Interpretation] I'm not guilty.

17 JUDGE FASSI FIHRI: [Interpretation] Sit down.

18 Nenad Banovic.

19 THE ACCUSED N. BANOVIC: [Interpretation] Your Honour, I do not

20 feel guilty under any of the counts of the indictment.

21 JUDGE FASSI FIHRI: [Interpretation] We take note of that. Sit

22 down.

23 Continue, madam.

24 THE REGISTRAR: [Interpretation] Counts 37 to 42. Predrag

25 Banovic: Count 37, murder, a crime against humanity, punishable under

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1 Articles 5(a) and 7(1) of the Statute of the Tribunal; and Count 38,

2 murder, a violation of the laws or customs of war, as recognised by

3 Article 3(1)(a) of the Geneva Conventions of 1949, punishable under

4 Articles 3 and 7(1) of the Statute of the Tribunal; and Count 39, torture,

5 a crime against humanity punishable under Articles 5(f) and 7(1) of the

6 Statute of the Tribunal; and Count 40, torture, a violation of the laws or

7 customs of war as recognised by Article 3(1)(a) of the Geneva Conventions

8 of 1949, punishable under Articles 3 and 7(1) of the Statute of the

9 Tribunal; and Count 41, inhuman acts, a crime against humanity, punishable

10 under Articles 5(i) and 7(1) of the Statute of the Tribunal; and Count 42,

11 cruel treatment, a violation of the laws or customs of war as recognised

12 by Article 3(1)(a) of the Geneva Conventions of 1949, punishable under

13 Articles 3 and 7(1) of the Statute of the Tribunal.

14 JUDGE FASSI FIHRI: [Interpretation] Predrag Banovic, please rise.

15 How do you plead?

16 THE ACCUSED P. BANOVIC: [Interpretation] Not guilty.

17 JUDGE FASSI FIHRI: [Interpretation] Sit down.

18 Madam Registrar, will you take note of the replies of the

19 accused.

20 THE REGISTRAR: [Interpretation] Yes, Your Honour.

21 JUDGE FASSI FIHRI: [Interpretation] Mr. Prosecutor, I wish to

22 remind you of your obligations under Article 66(1) of the Rules of

23 Procedure and Evidence, that is, the disclosure of supporting material

24 within a time period of 30 days.

25 I also wish to address the Defence, to remind them of Rule 62 of

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1 the Rules, which says that preliminary motions may be filed within a

2 period of 30 days.

3 Have you taken note of that? Under Rule 72. I'm sorry.

4 I wish to underline that this case has been attributed to

5 Chamber III by order of the President and that a Pre-Trial Judge will be

6 designated shortly.

7 Do you have anything to raise, madam?

8 MS. NIKOLIC: [Interpretation] Just one point, Your Honour. As the

9 attorney for Nenad Banovic, I have just been provisionally appointed for

10 this initial appearance because of the obligations under Rule 62.

11 JUDGE FASSI FIHRI: [Interpretation] I take note of that, madam.

12 Have you anything to observe, Mr. Visnjic?

13 MR. VISNJIC: [Interpretation] Your Honour, I have the same

14 observation to make. In view of our provisional status and the

15 obligations of the Prosecution regarding discovery will be carried out

16 probably with the cooperation of the attorneys who will be appointed as

17 permanent Defence counsel for these defendants.

18 JUDGE FASSI FIHRI: [Interpretation] Mr. Ryneveld.

19 MR. RYNEVELD: Yes, Your Honour. Just two brief matters, if I

20 may, more by way of advice, as a courtesy to the Court and to my learned

21 friends that the Prosecution is intending to amend the existing indictment

22 for two reasons: One, in order to make it a more precise consist

23 document. Three of the seven names currently on the indictment, as you

24 know, have already been through a trial process, and so we would make this

25 a document that's more in keeping with the two accused who are presently

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1 before the Court. And secondly, in light of the recent judgement

2 concerning Messrs. Sikirica, Dosen, and Kolundzija, the Prosecution will

3 also be amending its indictment in order to be in conformity with both the

4 law and the facts as decided in that case.

5 So I'm just advising the Court, as a courtesy, that we will in due

6 course be filing an amended indictment. At least that is our -- that will

7 be our application.

8 Secondly, I just want to indicate to the Court, you have reminded

9 us of our obligations under 66(A)(i). We will, in fact, have the

10 supporting material available for disclosure to the Defence within 30

11 days. However, I do anticipate bringing on a motion, a written motion in

12 the future, before the 30 days, with respect to the right to redact the

13 names of some protected witnesses, and I've told my friends of our

14 intention to do that. So the Court will be getting a motion. Because of

15 the unique circumstances in this case, we want to bring on a motion that

16 will basically redact the names of the same witnesses from the supporting

17 material only as were ordered in previous proceedings.

18 So those are the only issues, by way of a courtesy, I want to

19 bring to the attention of both the Court and my learned friends. Those

20 are the issues on behalf of the Prosecution. Thank you.

21 MS. NIKOLIC: [Interpretation] Your Honour, the Defence has been

22 duly informed about all these matters, both about this stage of the

23 proceedings and in the status that I have as representative of Nenad

24 Banovic, we have agreed. As for the future, the permanent Defence counsel

25 will be in communication with the Prosecution. Thank you.

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1 JUDGE FASSI FIHRI: [Interpretation] I take note of all this, and I

2 think that the Pre-Trial Judge will clarify these things further, because

3 this hearing devoted to the initial appearance is thus over.

4 Before adjourning, I wish to thank the interpreters and the

5 technical staff for their cooperation and their efficiency.

6 The hearing is adjourned.

7 --- Whereupon the Initial Appearance adjourned

8 at 3 p.m.

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