Tribunal Criminal Tribunal for the Former Yugoslavia

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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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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

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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 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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