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1 Thursday, 9 August 2001
2 [Initial Appearance]
3 [Open session]
4 --- Upon commencing at 11.04 a.m.
5 JUDGE VOHRAH: Madam Registrar, will you please call the case.
6 THE REGISTRAR: Good morning, Your Honour. This is case number
7 IT-01-47-I, the Prosecutor versus Enver Hadzihasanovic, Mehmed Alagic,
8 Amir Kubura.
9 JUDGE VOHRAH: May I now have the appearances, please.
10 MR. WITHOPF: Good morning, Your Honours. Good morning, counsel.
11 On behalf of the Prosecution, it is Mrs. Carla Del Ponte, the Prosecutor,
12 and myself, Ekkehard Withopf, OTP trial attorney.
13 JUDGE VOHRAH: For the Defence, please.
14 MS. RESIDOVIC: [Interpretation] Good morning, Your Honour. On
15 behalf of General Hadzihasanovic, Edina Residovic, attorney from
16 Sarajevo.
17 THE INTERPRETER: Microphone, please.
18 MR. IBRISIMOVIC: [Interpretation] Your Honour, on behalf of
19 Mr. Kubura, attorney Fahrudin Ibrisimovic.
20 JUDGE VOHRAH: Yes. I note all the accused are represented --
21 THE INTERPRETER: Microphone, please, Your Honour.
22 JUDGE VOHRAH: I note that all the accused are represented by
23 counsel. Mr. Hadzihasanovic, Mr. Alagic, and Mr. Kubura, can you hear the
24 proceedings and can you understand the proceedings so far?
25 THE ACCUSED HADZIHASANOVIC: [Interpretation] Yes, Your Honour.
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1 THE ACCUSED: [Interpretation] Yes, Your Honour.
2 THE ACCUSED KUBURA: [Interpretation] Yes, Your Honour.
3 JUDGE VOHRAH: Before we proceed, Mr. Hadzihasanovic, could you
4 let me know your full name and your date of birth. Please stand.
5 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour,
6 Mr. President. My name is Enver Hadzihasanovic. I was born on the 7th of
7 July, 1950, in the town of Zvornik.
8 JUDGE VOHRAH: You may sit down. Mr. Alagic.
9 THE ACCUSED ALAGIC: [Interpretation] Your Honour, my name is
10 Mehmed Alagic, born on the 8th of July, 1947, the village of Fajtovci,
11 municipality of Sanski Most, Republic of Bosnia-Herzegovina.
12 JUDGE VOHRAH: Thank you. You may sit down.
13 Mr. Kubura.
14 THE ACCUSED KUBURA: [Interpretation] Your Honour, my name is Amir,
15 son of Asif, Kubura, born on the 4th of March, 1964 in Kakanj,
16 municipality of Kakanj, Bosnia and Herzegovina.
17 JUDGE VOHRAH: Thank you. Now, we are here this morning for the
18 initial appearance of the accused pursuant to Rule 62 of the Rules of
19 Procedure and Evidence upon their transfer to the Tribunal. The purpose
20 of this initial appearance is for me to be assured that you understand the
21 contents of the indictment and to find out if you wish to make your plea
22 today, although you have a 30-day period in which to do so.
23 Now, I am very pleased to see you, Ms. Residovic. You've appeared
24 before me several times before, and I know you're fully conversant with
25 the Rules and Procedure of this Tribunal, and I trust Mr. Crnalic and
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1 Mr. Ibrisimovic are also fully conversant with the rules of this
2 Tribunal.
3 I must say I am here acting in my capacity as duty Judge pursuant
4 to Rule 28. I should also inform you that this case has already been
5 assigned by order of the President of 7 August 2001 to Trial Chamber II.
6 Now, Mrs. Residovic, you do know that the common practice in this
7 Court is not for the indictment to be read out to the accused if he's
8 represented by counsel, but if your client would like the indictment read
9 out, we will do so.
10 MS. RESIDOVIC: [Interpretation] Your Honour, my client has
11 received and read the indictment and there is no need for it to be read
12 out for him.
13 JUDGE VOHRAH: And what about you, Mr. Crnalic?
14 THE INTERPRETER: Microphone. I'm sorry.
15 MR. CRNALIC: [Interpretation] Your Honour, my client,
16 General Alagic, has also received the indictment and there is no need for
17 it to be read.
18 JUDGE VOHRAH: And you, Mr. Ibrisimovic?
19 MR. IBRISIMOVIC: [Interpretation] Your Honour, the situation with
20 my client is the same, and we waive our right to the reading of the
21 indictment.
22 JUDGE VOHRAH: Now, can I ask each of the accused whether they
23 understand the contents of the indictment. Mr. Hadzihasanovic.
24 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I
25 understand the indictment.
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1 JUDGE VOHRAH: Thank you. Sit down.
2 Mr. Alagic?
3 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I understand the
4 indictment.
5 JUDGE VOHRAH: Now, may I ask -- please sit down.
6 Now, may I know the last accused person, please.
7 THE ACCUSED KUBURA: [Interpretation] Your Honour, I have
8 understood the indictment.
9 JUDGE VOHRAH: Please sit down. Thank you.
10 As I said earlier on, you have 30 days to make your plea to the
11 charges in the indictment, but you can do so today. Do your clients want
12 the charges read out to them today?
13 Ms. Residovic?
14 MS. RESIDOVIC: [Interpretation] Your Honour, as my client has read
15 and understood the indictment, he's able to plead on all counts today.
16 MR. CRNALIC: [Interpretation] Your Honour, my client, too, has
17 read the indictment, and he's able to enter a plea on all counts today.
18 MR. IBRISIMOVIC: [Interpretation] Your Honour, my client will also
19 enter his pleas regarding the counts of the indictment.
20 JUDGE VOHRAH: Thank you. Madam Registrar, would you then do so,
21 read out the counts to each of the accused. Let's start with
22 Mr. Hadzihasanovic, please. Can you please stand?
23 THE REGISTRAR: Mr. Hadzihasanovic. Mr. Hadzihasanovic, you are
24 charged with Count 1, murder as a violation of the laws or customs of
25 war, punishable under Articles 3 and 7(3) of the Statute of the Tribunal
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1 and recognised by Article 3(1)(a) of the Geneva Conventions.
2 JUDGE VOHRAH: How do you plead to this count?
3 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I am not
4 guilty.
5 JUDGE VOHRAH: Count number 2, please.
6 THE REGISTRAR: Count number 2: You are charged with wilful
7 killing as a grave breach of the Geneva Conventions of 1949 punishable
8 under Articles 2(a) and 7(3) of the Statute of the Tribunal.
9 JUDGE VOHRAH: How do you plead?
10 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
11 not guilty.
12 JUDGE VOHRAH: So recorded. Count number 3, please.
13 THE REGISTRAR: Count number 3: You are charged with violence to
14 life and person as a violation of the Laws and Customs of War, punishable
15 under Articles 3 and 7(3) of the Statute of the Tribunal and recognised by
16 Article 3(1)(a) of the Geneva Conventions.
17 JUDGE VOHRAH: How do you plead?
18 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
19 not guilty.
20 JUDGE VOHRAH: So recorded. Count number 4.
21 THE REGISTRAR: You are charged with Count number 4, wilfully
22 causing great suffering or serious injury to body or health as a grave
23 breach of the Geneva Conventions of 1949, punishable under Articles 2(c)
24 and 7(3) of the Statute of the Tribunal.
25 JUDGE VOHRAH: How do you plead?
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1 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
2 not guilty.
3 JUDGE VOHRAH: So recorded. Count number 6.
4 THE REGISTRAR: Count number 5, Your Honour.
5 JUDGE VOHRAH: I beg your pardon. Count number 5.
6 THE REGISTRAR: You are charged with inhumane treatment as a grave
7 breach of the Geneva Conventions of 1949, punishable under Articles 2(b)
8 and 7(3) of the Statute of the Tribunal.
9 JUDGE VOHRAH: How do you plead?
10 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
11 not guilty.
12 JUDGE VOHRAH: So recorded. Count number 6.
13 THE REGISTRAR: You are charged with Count number 6, unlawful
14 confinement of civilians as a grave breach of the Geneva Conventions of
15 1949, punishable under Articles 2(g) and 7(3) of the Statute of the
16 Tribunal.
17 JUDGE VOHRAH: How do you plead?
18 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
19 not guilty.
20 JUDGE VOHRAH: Count number 7, please.
21 THE REGISTRAR: You are charged with Count number 7, murder as a
22 violation of the laws or customs of war, punishable under Article 3, and
23 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
24 the Geneva Conventions.
25 JUDGE VOHRAH: How do you plead?
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1 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
2 not guilty.
3 JUDGE VOHRAH: Next count, please.
4 THE REGISTRAR: Count 8: You are charged with wilful killing as a
5 grave breach of the Geneva Conventions of 1949, punishable under
6 Articles 2(a) and 7(3) of the Statute of the Tribunal.
7 JUDGE VOHRAH: How do you plead?
8 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
9 not guilty.
10 JUDGE VOHRAH: Count number 9, please.
11 THE REGISTRAR: You are charged with Count number 9, cruel
12 treatment as a violation of the laws or customs of war, punishable under
13 Articles 3 and 7(3) of the Statute of the Tribunal and recognised by
14 Article 3(1)(a) of the Geneva Conventions.
15 JUDGE VOHRAH: How do you plead?
16 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
17 not guilty.
18 JUDGE VOHRAH: Next count, please.
19 THE REGISTRAR: You are charged with Count number 10, inhumane
20 treatment as a grave breach of the Geneva Conventions of 1949, punishable
21 under Articles 2(b) and 7(3) of the Statute of the Tribunal.
22 JUDGE VOHRAH: How do you plead?
23 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
24 not guilty.
25 JUDGE VOHRAH: Count 11, please.
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13 and the English transcripts.
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1 THE REGISTRAR: You are charged with Count 11, unlawful labour as
2 a violation of the laws or customs of war, punishable under Articles 3 and
3 7(3) of the Statute of the Tribunal and recognised by customary law,
4 Articles 40 and 51 of the Geneva Conventions IV and Articles 49, 50, and
5 52 of the Geneva Conventions III.
6 JUDGE VOHRAH: How do you plead?
7 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
8 not guilty.
9 JUDGE VOHRAH: Count number 12, please.
10 THE REGISTRAR: You are charged with Count 12, taking of hostages
11 as a violation of the laws or customs of war, punishable under Articles 3
12 and 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(b)
13 of the Geneva Conventions.
14 JUDGE VOHRAH: How do you plead?
15 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
16 not guilty.
17 JUDGE VOHRAH: So recorded. Count number 13.
18 THE REGISTRAR: You are charged with Count 13, taking civilians as
19 hostages as a grave breach of the Geneva Conventions of 1949, punishable
20 under Articles 2(h) and 7(3) of the Statute of the Tribunal.
21 JUDGE VOHRAH: How do you plead?
22 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
23 not guilty.
24 JUDGE VOHRAH: So recorded. Count 14, please.
25 THE REGISTRAR: You are charged with Count 14, cruel treatment as
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1 a violation of the laws or customs of war, punishable under Article 3 and
2 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
3 the Geneva Conventions.
4 JUDGE VOHRAH: How do you plead?
5 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
6 not guilty.
7 JUDGE VOHRAH: So recorded. Count 15, please.
8 THE REGISTRAR: You are charged with Count 15, inhumane treatment
9 as a grave breach of the Geneva Conventions of 1949, punishable under
10 Articles 2(b) and 7(3) of the Statute of the Tribunal.
11 JUDGE VOHRAH: How do you plead?
12 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
13 not guilty.
14 JUDGE VOHRAH: So recorded. Count 16.
15 THE REGISTRAR: You are charged with Count 16, wanton destruction
16 of cities, towns, or villages not justified by military necessity as a
17 violation of the laws or customs of war, punishable under Articles 3(b)
18 and 7(3) of the Statute of the Tribunal.
19 JUDGE VOHRAH: How do you plead?
20 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
21 not guilty.
22 JUDGE VOHRAH: So recorded. Count 17, please.
23 THE REGISTRAR: Count 17: You are charged with plunder of public
24 or private property as a violation of the laws or customs of war,
25 punishable under Articles 3(e) and 7(3) of the Statute of the Tribunal.
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1 JUDGE VOHRAH: How do you plead?
2 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
3 not guilty.
4 JUDGE VOHRAH: So recorded. Count 18, please.
5 THE REGISTRAR: You are charged with Count 18, extensive
6 destruction of property not justified by military necessity as a grave
7 breach of the Geneva Conventions of 1949, punishable under Article 2(d)
8 and 7(3) of the Statute of the Tribunal.
9 JUDGE VOHRAH: How do you plead?
10 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
11 not guilty.
12 JUDGE VOHRAH: So recorded. The last one.
13 THE REGISTRAR: Count 19: You are charged with destruction or
14 wilful damage done to institutions dedicated to religion as a violation of
15 the laws or customs of war, punishable under Articles 3(d) and 7(3) of the
16 Statute of the Tribunal.
17 JUDGE VOHRAH: How do you plead?
18 THE ACCUSED HADZIHASANOVIC: [Interpretation] Your Honour, I plead
19 not guilty.
20 JUDGE VOHRAH: So recorded. Thank you. Please sit down.
21 We now go on to Mr. Alagic.
22 Please, can you start reading the counts, Madam Registrar.
23 THE REGISTRAR: Yes, Mr. President.
24 JUDGE VOHRAH: Count 1.
25 THE REGISTRAR: Mr. Alagic, you are charged with Count 1, murder
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1 as a violation of the laws or customs of war, punishable under Articles 3
2 and 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a)
3 of the Geneva Conventions.
4 JUDGE VOHRAH: How do you plead?
5 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
6 guilty.
7 JUDGE VOHRAH: So recorded. Count number 2.
8 THE REGISTRAR: You are charged with Count 2, wilful killing as a
9 grave breach of the Geneva Conventions of 1949, punishable under
10 Articles 2(a) and 7(3) of the Statute of the Tribunal.
11 JUDGE VOHRAH: How do you plead?
12 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
13 guilty.
14 JUDGE VOHRAH: So recorded. Count number 3.
15 THE REGISTRAR: You are charged with Count 3, violence to life and
16 person as a violation of the laws or customs of war, punishable under
17 Article 3 and 7(3) of the Statute of the Tribunal and recognised by
18 Article 3(1)(a) of the Geneva Conventions.
19 JUDGE VOHRAH: How do you plead?
20 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
21 guilty.
22 JUDGE VOHRAH: So recorded. Fourth count, please.
23 THE REGISTRAR: You are charged with Count 4, wilfully causing
24 great suffering or serious injury to body or health as a grave breach of
25 the Geneva Conventions of 1949, punishable under Articles 2(c) and 7(3) of
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1 the Statute of the Tribunal.
2 JUDGE VOHRAH: How do you plead?
3 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
4 guilty.
5 JUDGE VOHRAH: So recorded. Next one.
6 THE REGISTRAR: You are charged with Count 5, inhumane treatment
7 as a grave breach of the Geneva Conventions of 1949, punishable under
8 Articles 2(b) and 7(3) of the Statute of the Tribunal.
9 JUDGE VOHRAH: How do you plead?
10 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
11 guilty.
12 JUDGE VOHRAH: So recorded. Count 6.
13 THE REGISTRAR: You are charged with Count 6, unlawful confinement
14 of civilians as a grave breach of the Geneva Conventions of 1949,
15 punishable under Articles 2(g) and 7(3) of the Statute of the Tribunal.
16 JUDGE VOHRAH: And how do you plead?
17 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
18 guilty.
19 JUDGE VOHRAH: So recorded. Count 7, please.
20 THE REGISTRAR: You are charged with Count 7, murder as a
21 violation of the laws or customs of war, punishable under Articles 3 and
22 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
23 the Geneva Conventions.
24 JUDGE VOHRAH: How do you plead?
25 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
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1 guilty.
2 JUDGE VOHRAH: So recorded. Count 8, please.
3 THE REGISTRAR: You are charged with Count 8, wilful killing as a
4 grave breach of the Geneva Conventions of 1949, punishable under
5 Articles 2(a) and 7(3) of the Statute of the Tribunal.
6 JUDGE VOHRAH: How do you plead?
7 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
8 guilty.
9 JUDGE VOHRAH: Next count, please.
10 THE REGISTRAR: You are charged with Count 9, cruel treatment as a
11 violation of the laws or customs of war, punishable under Articles 3 and
12 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
13 the Geneva Conventions.
14 JUDGE VOHRAH: How do you plead?
15 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
16 guilty.
17 JUDGE VOHRAH: So recorded. Count 10, please.
18 THE REGISTRAR: You are charged with Count 10, inhumane treatment
19 as a grave breach of the Geneva Conventions of 1949, punishable under
20 Articles 2(b) and 7(3) of the Statute of the Tribunal.
21 JUDGE VOHRAH: How do you plead?
22 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
23 guilty.
24 JUDGE VOHRAH: So recorded. Count 16, please.
25 THE REGISTRAR: You are charged with Count 16, wanton destruction
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1 of cities, towns, or villages not justified by military necessity as a
2 violation of the laws or customs of war, punishable under Articles 3(b)
3 and 7(3) of the Statute of the Tribunal.
4 JUDGE VOHRAH: How do you plead?
5 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
6 guilty.
7 JUDGE VOHRAH: Count 17, please.
8 THE REGISTRAR: You are charged with Count 17, plunder of public
9 or private property as a violation of the laws or customs of war,
10 punishable under Articles 3(e) and 7(3) of the Statute of the Tribunal.
11 JUDGE VOHRAH: How do you plead?
12 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
13 guilty.
14 THE REGISTRAR: You are charged with Count 18, extensive
15 destruction of property, not justified by military necessity as a grave
16 breach of the Geneva Conventions of 1949, punishable under Articles 2(d)
17 and 7(3) of the Statute of the Tribunal.
18 JUDGE VOHRAH: How do you plead?
19 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
20 guilty.
21 JUDGE VOHRAH: Read out the last count then, please, Count 19.
22 THE REGISTRAR: Count 19: You are charged with destruction or
23 wilful damage done to institutions dedicated to religion as a violation of
24 the laws or customs of war, punishable under Articles 3(d) and 7(3) of the
25 Statute of the Tribunal.
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1 JUDGE VOHRAH: How do you plead?
2 THE ACCUSED ALAGIC: [Interpretation] Your Honour, I plead not
3 guilty.
4 JUDGE VOHRAH: So recorded. Thank you, Mr. Alagic. You can
5 please sit down.
6 THE ACCUSED ALAGIC: [Interpretation] Thank you.
7 JUDGE VOHRAH: Mr. Kubura, will you please stand.
8 Madam Registrar, will you start reading the counts to Mr. Kubura.
9 Count 1.
10 THE REGISTRAR: Mr. Kubura, you are charged with Count 1, murder
11 as a violation of the laws or customs of war, punishable under Articles 3
12 and 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a)
13 of the Geneva Conventions.
14 JUDGE VOHRAH: How do you plead?
15 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
16 guilty.
17 JUDGE VOHRAH: So recorded. Count 2.
18 THE REGISTRAR: You are charged with Count 2, wilful killing as a
19 grave breach of the Geneva Conventions - excuse me - of 1949, punishable
20 under Articles 2(a) and 7(3) of the Statute of the Tribunal.
21 JUDGE VOHRAH: How do you plead?
22 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
23 guilty.
24 JUDGE VOHRAH: So recorded. Count 3.
25 THE REGISTRAR: You are charged with Count 3, violence to life and
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1 person as a violation of the laws or customs of war, punishable under
2 Articles 3 and 7(3) of the Statute of the Tribunal and recognised by
3 Article 3(1)(a) of the Geneva Conventions.
4 JUDGE VOHRAH: How do you plead?
5 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
6 guilty.
7 JUDGE VOHRAH: Next count, please.
8 THE REGISTRAR: You are charged with Count 4, wilfully causing
9 great suffering or serious injury to body or health as a grave breach of
10 the Geneva Conventions of 1949, punishable under Articles 2(c) And 7(3) of
11 the Statute of the Tribunal.
12 JUDGE VOHRAH: How do you plead?
13 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
14 guilty.
15 JUDGE VOHRAH: So recorded. Count 5, please.
16 THE REGISTRAR: You are charged with Count 5, inhumane treatment
17 as a grave breach of the Geneva Conventions of 1949, punishable under
18 Articles 2(b) and 7(3) of the Statute of the Tribunal.
19 JUDGE VOHRAH: How do you plead?
20 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
21 guilty.
22 JUDGE VOHRAH: So recorded. Count 6, please.
23 THE REGISTRAR: You are charged with Count 6, unlawful confinement
24 of civilians as a grave breach of the Geneva Conventions of 1949,
25 punishable under Articles 2(g) and 7(3) of the Statute of the Tribunal.
Page 19
1 JUDGE VOHRAH: How do you plead?
2 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
3 guilty.
4 JUDGE VOHRAH: So recorded. Count 7.
5 THE REGISTRAR: You are charged with Count 7, murder as a
6 violation of the laws or customs of war, punishable under Articles 3 and
7 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
8 the Geneva Conventions.
9 JUDGE VOHRAH: How do you plead?
10 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
11 guilty.
12 JUDGE VOHRAH: So recorded. Count 8.
13 THE REGISTRAR: You are charged with Count 8, wilful killing, a
14 grave breach of the Geneva Conventions of 1949, punishable under
15 Articles 2(a) and 7(3) of the Statute of the Tribunal.
16 JUDGE VOHRAH: How do you plead?
17 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
18 guilty.
19 JUDGE VOHRAH: So recorded. Next count, please.
20 THE REGISTRAR: You are charged with Count 9, cruel treatment as a
21 violation of the laws or customs of war, punishable under Articles 3, and
22 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
23 the Geneva Conventions.
24 JUDGE VOHRAH: And how do you plead?
25 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
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1 guilty.
2 JUDGE VOHRAH: So recorded. Count 10.
3 THE REGISTRAR: You are charged with Count 10, inhumane treatment
4 as a grave breach of the Geneva Conventions of 1949, punishable under
5 Articles 2(b) and 7(3) of the Statute of the Tribunal.
6 JUDGE VOHRAH: How do you plead?
7 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
8 guilty.
9 JUDGE VOHRAH: Count 14.
10 THE REGISTRAR: You are charged with Count 14, cruel treatment as
11 a violation of the laws or customs of war, punishable under Articles 3 and
12 7(3) of the Statute of the Tribunal and recognised by Article 3(1)(a) of
13 the Geneva Convention.
14 JUDGE VOHRAH: How do you plead?
15 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
16 guilty.
17 JUDGE VOHRAH: So recorded. Count 15.
18 THE REGISTRAR: You are charged with Count 15, inhumane treatment
19 as a grave breach of the Geneva Conventions of 1949, punishable under
20 Articles 2(b) and 7(3) of the Statute of the Tribunal.
21 JUDGE VOHRAH: How do you plead?
22 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
23 guilty.
24 JUDGE VOHRAH: Count 16.
25 THE REGISTRAR: You are charged with Count 16, wanton destruction
Page 21
1 of cities, towns, or villages, not justified by military necessity, as a
2 violation of the laws or customs of war, punishable under Articles 3(b)
3 and 7(3) of the Statute of the Tribunal.
4 JUDGE VOHRAH: How do you plead?
5 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
6 guilty.
7 JUDGE VOHRAH: So recorded. Count 17.
8 THE REGISTRAR: You are charged with Count 17, plunder of public
9 or private property as a violation of the laws or customs of war,
10 punishable under Articles 3(e) and 7(3) of the Statute of the Tribunal.
11 JUDGE VOHRAH: How do you plead?
12 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
13 guilty.
14 JUDGE VOHRAH: So recorded. The last count, please.
15 THE REGISTRAR: You are charged with Count 18, extensive
16 destruction of property, not justified by military necessity, as a grave
17 breach of the Geneva Conventions of 1949, punishable under Articles 2(d)
18 and 7(3) of the Statute of the Tribunal.
19 JUDGE VOHRAH: How do you plead?
20 THE ACCUSED KUBURA: [Interpretation] Your Honour, I plead not
21 guilty.
22 JUDGE VOHRAH: Thank you, Madam Registrar.
23 Please sit down, Mr. Kubura.
24 As you are aware, a Status Conference will have to be scheduled,
25 and it will be scheduled in due course very soon. I don't think a date
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1 has been fixed has it, Madam Registrar?
2 THE REGISTRAR: No, Mr. President.
3 JUDGE VOHRAH: The parties will be informed of the date.
4 Now, it befalls upon me, Madam Prosecutor, to remind you of your
5 obligations under Rule 66(a)(1) with regard to the disclosure of documents
6 within 30 days from today. I think that's all.
7 MS. DEL PONTE: Yes, Mr. President. We are ready for the
8 disclosure of the documents. I will get in touch with the Defence counsel
9 to manage that, yes.
10 JUDGE VOHRAH: Fine.
11 MS. DEL PONTE: Thank you.
12 JUDGE VOHRAH: That is all for the day. The Court is adjourned.
13 Thank you.
14 -- Whereupon the Initial Appearance adjourned
15 at 11.39 a.m.
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