Page 1
1 Monday, 14 March 2005
2 [Initial Appearance]
3 [The accused entered court]
4 [Open session]
5 --- Upon commencing at 8.04 a.m.
6 JUDGE AGIUS: Good morning, Mr. Registrar. Could you call the
7 case, please.
8 THE REGISTRAR: This is case number IT-04-84, the Prosecutor
9 against Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj.
10 JUDGE AGIUS: I thank you. Good morning to you.
11 Mr. Haradinaj, good morning to you.
12 THE ACCUSED HARADINAJ: Good morning.
13 JUDGE AGIUS: I want to make sure before I proceed any further
14 that you can follow the proceedings in your own language or in a language
15 that you understand.
16 THE ACCUSED HARADINAJ: [Interpretation] Thank you very much.
17 [Previous translation continues] ... [In English] hear.
18 JUDGE AGIUS: I am not receiving interpretation myself, and could
19 you repeat, please.
20 THE ACCUSED HARADINAJ: [Interpretation] Yes. Everything is okay.
21 Translation is okay, and I'm hearing it.
22 JUDGE AGIUS: If at any moment in the course -- during the
23 proceedings you're not receiving interpretation, please draw my attention
24 immediately. And the same applies to the other two.
25 THE ACCUSED HARADINAJ: [Interpretation] Thank you very much.
Page 2
1 JUDGE AGIUS: Mr. Balaj, good morning to you too. The same
2 question: Can you follow the proceedings in a language that you can
3 understand?
4 THE ACCUSED BALAJ: [Interpretation] Yes.
5 JUDGE AGIUS: Okay. I thank you. You may sit down.
6 Mr. Brahimaj, good morning to you, and it's the same question.
7 THE ACCUSED BRAHIMAJ: [Interpretation] Yes, good morning.
8 JUDGE AGIUS: Are you receiving interpretation in a language that
9 you understand?
10 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
11 JUDGE AGIUS: Thank you, you may sit down. Let's have
12 appearances. Appearances for the Prosecution.
13 MS. UERTZ-RETZLAFF: Good morning, Your Honour. My name is
14 Hildegard Uertz-Retzlaff. I represent the Prosecution today and I am
15 accompanied by case manager, Hasan Younis.
16 JUDGE AGIUS: I thank you, and good morning to you and your team.
17 Now, appearances for Mr. Haradinaj.
18 MR. DIXON: Good morning, Your Honour. My name is Rodney Dixon.
19 I appear to represent Mr. Haradinaj. Thank you, Your Honour.
20 JUDGE AGIUS: And have you been appointed to represent him
21 throughout all the proceedings or are you just a duty counsel for today,
22 or the initial appearance, in other words?
23 MR. DIXON: Your Honour, I'm one of the lawyers who has been
24 appointed to represent him in the proceedings from today and onwards.
25 I'm not duty counsel, I'm appointed by the Registrar.
Page 3
1 JUDGE AGIUS: I thank you, Mr. Dixon. Good morning to you.
2 Appearances for Mr. Balaj.
3 MR. GUY-SMITH: Good morning, Your Honour. My name is Gregor
4 Guy-Smith. I have been appointed as duty counsel at this time to
5 represent Mr. Balaj.
6 JUDGE AGIUS: I thank you, sir, and good morning to you.
7 Appearances for Mr. Brahimaj.
8 MR. HARVEY: Good morning, Your Honour. I am Richard Harvey and
9 I have been appointed as duty counsel for this morning to represent
10 Mr. Brahimaj.
11 JUDGE AGIUS: I thank you, and good morning to you.
12 Before I proceed any further, I wish to make one point very
13 clear, and this is particularly addressed to the three accused, and that
14 is that you, throughout the entire proceedings, you enjoy right to remain
15 silent.
16 Let me first give some details on the indictment. The three
17 accused, that is, Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj, are
18 included in the indictment with case number IT-04-84, which was signed on
19 the 25th of February of this year. This indictment was confirmed by my
20 colleague Judge Lord Iain Bonomy on the 4th of March, 2005. The
21 indictment was made public by a decision of the same Judge, Lord Bonomy,
22 of the 10th of March, 2005. Previous to that, the indictment and
23 everything that accompanied it, particularly the warrant of arrest, was
24 under seal.
25 Accused Ramush Haradinaj and Lahi Brahimaj turned themselves in
Page 4
1 to the custody of this Tribunal and arrived at the seat of this Tribunal,
2 as most of you know, last week, at precisely on the 9th of March of 2005.
3 The third accused, Idriz Balaj, was transferred to The Hague later on the
4 same day.
5 There are the factual allegations which form the basis this
6 indictment, which I will go through very briefly, and then I will explain
7 what the three accused are accused -- are charged with.
8 The indictment alleges that after the 24th of March of 1998, KLA
9 forces under the command and control of accused Ramush Haradinaj, mounted
10 a systematic campaign to seize control of the area between villages of
11 Gllogjan and Decani and particularly the villages of Dubrave, Rznic,
12 Ratis, and Dasinovac in order to drive ethnic Serbs out of the villages
13 where they were living and that they also continued to launch attacks
14 against the camp of refugees of Jablanica near Decani. This camp,
15 according to the Prosecution, had been the target of similar KLA attacks
16 as -- as since 1997.
17 The indictment states that the KLA forces under the command and
18 control of Ramush Haradinaj, including the Black Eagles under the direct
19 control of Idriz Balaj, harassed, beat, or otherwise drove Serbian
20 civilians and Roma/Egyptian civilians out of these villages and killed
21 those civilians that remained behind or had refused to abandon their
22 homes, and that they continued to mount similar attacks against the Serb
23 and Roma civilians as well as Albanian civilians perceived as
24 collaborators.
25 The indictment further states that many abductions by KLA forces
Page 5
1 took place in the Dukagjin zone and that tens of civilians went missing.
2 The indictment also alleges that the KLA forces, acting under the command
3 and control of Ramush Haradinaj, had full control of the Operational Zone
4 and did not tolerate the presence of any other Albanian factions fighting
5 against the Serbs, such as the armed forces of the Republic of Kosovo.
6 The indictment alleges also that in the second half of May, 1998,
7 a makeshift detention centre was established at the KLA headquarters in
8 Jablanica and that between then and August 1998, at least 16
9 non-combatants were detained, beaten, and tortured. One is known to have
10 died while the others are still missing. The indictment also states that
11 during the end or about -- round about the end of August and the
12 beginning of September, 1998, Serb forces temporarily retook the area
13 surrounding Gllogjan and that a Serbian forensic crime scene team
14 conducted an investigation in the vicinity of the canal leading to the
15 lake Radonjic, the Ekonomija farm in Rznic, and a road leading to
16 Dasinovac where they identified at least 39 bodies and partial remains,
17 human remains. Several of these remains have been identified as
18 belonging to Serb, Roma, and civilian -- Albanian civilians who
19 disappeared between April and September 1998 in the Dukadjin area.
20 The indictment alleges also that as commander of the Dukadjin
21 Operational Zone, Ramush Haradinaj ensured that the KLA forces under his
22 control operated in a structured and disciplined manner, provided overall
23 control of planning and organisation of operations and established a
24 system whereby individuals were targeted for abduction, mistreatment, and
25 murder, and whereby a systematic attack on vulnerable sections of the
Page 6
1 civilian population was carried out.
2 The Prosecution alleges also that by excluding all rival KLA
3 forces, Haradinaj secured power for his own troops within this -- his
4 zone, and by attacking Serb forces in rural areas gave his own troops
5 freedom to dominate and persecute vulnerable sections of the civilian
6 population.
7 Prosecution alleges that he used his own house as a centre of
8 operations and used his other Haradinaj family member resources and the
9 support of his family members to further the consolidation of his power
10 and his persecution of civilians. The indictment alleges that Haradinaj
11 appointed and maintained his co-accused in positions of responsibility
12 and condoned and encouraged their criminal conduct and behaviour in such
13 position.
14 It further states that on some occasions, Haradinaj personally
15 ordered, controlled, and participated in the beatings of persons detained
16 by his forces and taking no active part in hostilities, and on other
17 occasions by his presence and tacit or overt approval of such criminal
18 conduct he, in his position of commander, encouraged and instigated
19 criminal behaviour by members of his own forces.
20 The indictment also alleges that Haradinaj controlled the
21 continued detention or release or medical treatment of persons held by
22 the KLA in his Operational Zone, that he participated in the abduction of
23 persons who were later found murdered, and that on at least one occasion
24 he gave his tacit approval as commander for detained persons to be
25 executed.
Page 7
1 The indictment alleges that as commander of the Black Eagles
2 special unit, Idriz Balaj worked closely with Haradinaj and provided
3 direct operational support for his activities and that he personally and
4 using soldiers under his command repeatedly abducted, beat, mutilated,
5 tortured, and murdered civilians and detained persons taking no active
6 part in the hostilities.
7 In addition, the Prosecution alleges that he raped a Roma/
8 Egyptian woman, that he personally visited the Jablanica detention
9 centre, mutilated and tortured a prisoner there, and by his presence as a
10 KLA commander provided his tacit or overt approval for persecution and
11 criminal conduct by other KLA soldiers.
12 The Prosecution alleges also that he knew that the facility was
13 operating in a persecutory and criminal fashion. The indictment also
14 states that the accused Balaj attempted to prevent inquiry into and to
15 conceal the abduction and murder of civilians and disposal of bodies at
16 Radonjic lake.
17 The indictment finally alleges also that as deputy command of the
18 Dukadjin operative staff and the responsible local KLA commander, accused
19 Lahi Brahimaj ran the KLA detention facility at Jablanica, ordered,
20 supervised and participated in the beating, torture and murder of persons
21 who were detained there, and that he personally abducted one civilian and
22 took him to the Jablanica detention facility where he was repeatedly
23 beaten, and then personally took him from the detention facility to a
24 potential place of execution.
25 Those are the factual -- that is the factual background of the
Page 8
1 indictment.
2 The Prosecution alleges that you, Ramush Haradinaj, are also
3 known as Smajl, and that you were born on the 3rd of July, 1968 in
4 Gllogjan in the municipality of Decani and that at all times relevant to
5 the indictment you were a commander of the Kosovo Liberation Army, which
6 I will refer to as the KLA and which I have been referring to as the KLA,
7 and that in addition you had overall command of the KLA forces in one of
8 the KLA operational zones called Dukadjin. Prosecution alleges that you
9 were one of the most senior KLA leaders in Kosovo. This Operational
10 Zone, according to the Prosecutor, encompassed the municipalities of Pec,
11 Decani, Djakovica, and part of the municipalities of Istok and Kline.
12 As regards you, Mr. Balaj, according to the indictment you are
13 also known as Troger or Trogeri in your language, or Lieutenant, and that
14 you were born on the 23rd of August, 1971 in Iglarevo in the municipality
15 of Klina in Kosovo. The Prosecution alleges that at all times relevant
16 to the indictment you were a member of the KLA and acted as the commander
17 of the special unit known as the Black Eagles. The Prosecution alleges
18 that you were subordinate to co-accused Ramush Haradinaj, reported
19 directly to him, and worked closely with him.
20 As regards you, Mr. Brahimaj, according to the indictment you are
21 also known as Maxhup, or Gipsy, and that you were born on the 26th of
22 January, 1970 in Jablanica in the municipality of Djakovica in Jablanica.
23 The Prosecution alleges that you are a close relative of co-accused
24 Ramush Haradinaj and that at all times relevant to the indictment you
25 were a member of the KLA and acted as the deputy commander of the
Page 9
1 Dukagjin Operative Staff or as the Dukadjin zone contact person to the
2 KLA General Staff. The Prosecution alleges also that you were stationed
3 in Jablanica and you were subordinate to co-accused Ramush Haradinaj,
4 reported directly to him, and worked closely with him.
5 Basically, when we come to the charges that are being brought
6 against you in the indictment, the Prosecution alleges as a mode of
7 criminal responsibility that of a joint criminal enterprise, a mode of
8 committing of which the three accused, according to Madam Prosecutor,
9 were members. This joint criminal enterprise, according to the
10 indictment, came into existence on or before April 1998, and its raison
11 d'etre was the consolidation of total control of the KLA over the KLA
12 Operational Zone of Dukadjin by attacking and persecuting certain
13 sections of the civilian population there, namely the unlawful removal of
14 Serb civilians from that area, and the forcible, violent suppression of
15 any real or perceived form of collaboration with the Serbs by Albanian or
16 Roma civilians there. The criminal purpose included the intimidation,
17 abduction, imprisonment, beating, torture, and murder of targeted
18 civilians.
19 In sum, accused Ramush Haradinaj is charged with 17 counts of
20 crimes against humanity grounded on Article 5 of this Tribunal's Statute,
21 and with an additional 20 counts of violations of the laws or customs of
22 war grounded on Article 3 of the Statute of this Tribunal.
23 The other two accused, Idriz Balaj and Lahi Brahimaj, are both
24 charged with 16 counts of crimes against humanity based under or on
25 Article 5 of the Statute, and with 19 counts of violations of the laws or
Page 10
1 customs of war under Article 3 of the Statute.
2 According to the Prosecutor, all crimes alleged in the indictment
3 occurred between the 1st of March of 1998 and the 30th of September of
4 1998 in the territory of Kosovo in the former Yugoslavia and were
5 directed against the Serb civilian population and those members of the
6 Albanian and Roma/Egyptian civilian population in Decani, Pec, Djakovica,
7 Istok, and Kline municipalities perceived to be collaborators and not
8 supporting the KLA.
9 By an order dated the 9th of March of this year, the
10 Vice-President of this Tribunal, Judge Fausto Pocar, assigned this case
11 to Trial Chamber II, of which I am the Presiding Judge. Two days later,
12 on the 11th March 2005, I designated myself as the Pre-Trial Judge for
13 the purposes of this, today's initial appearance of the three accused.
14 I will now pass on to the procedural proper part of the initial
15 appearance of the three accused pursuant to Rule 62 of the Rules of
16 Procedure and Evidence of this Tribunal, and then having done that, I
17 will move to perhaps what is the most important formality of this
18 appearance, and I will formally charge the three accused and ask them to
19 enter a plea.
20 Mr. Haradinaj, would you please stand up. It is my duty as
21 Pre-Trial Judge to make sure that you are represented legally here, and
22 that's unless, of course, you want to conduct your own defence. I take
23 it from what I heard Mr. Dixon state earlier on that you are represented
24 not only for the purposes of this initial appearance but that proceedings
25 are in place for the assigning of counsel for the purpose of the rest of
Page 11
1 the proceedings.
2 Are you happy with the situation as it obtains now? In other
3 words, are you happy with the representation that you have at your
4 disposal at the moment?
5 THE ACCUSED HARADINAJ: [Interpretation] Yes.
6 JUDGE AGIUS: I thank you. You may sit down. You may sit down.
7 Mr. Balaj. The same question to you. I heard earlier on
8 Mr. Gregor Guy-Smith state that he's been appointed as duty counsel, that
9 is, in another words, he's been assigned to represent you for the purpose
10 of this initial appearance only. I would like a feedback from you on
11 this. I want to know if you are happy with the situation or whether you
12 would like to make any representations.
13 THE ACCUSED BALAJ: [Interpretation] For the time Mr. Guy-Smith is
14 the one. We'll see how it develops in the future.
15 JUDGE AGIUS: Thank you, sir. You may sit down.
16 Mr. Brahimaj. Same question to you. I heard earlier on
17 Mr. Harvey state that he's been appointed as duty counsel. That's for
18 the purpose of today's initial appearance only. Do you have anything to
19 say, state about that?
20 THE ACCUSED BRAHIMAJ: [Interpretation] I agree with the
21 appointment of Mr. Harvey.
22 JUDGE AGIUS: Thank you. You may sit down.
23 Now, the next thing that I have to do is to go through again
24 procedural routine by confirming your identity basically.
25 Mr. Haradinaj, could you please stand up. Could you give me,
Page 12
1 please, your full name for the record.
2 THE ACCUSED HARADINAJ: Ramush Haradinaj.
3 JUDGE AGIUS: The next question I'm going to ask you, you're free
4 not to answer if you like because it may be an element of proof later on:
5 Do you have any nicknames or are you known by any nickname?
6 THE ACCUSED HARADINAJ: [Interpretation] Only my name Ramush
7 Haradinaj. That's how I'm known.
8 JUDGE AGIUS: Could you give me your date of birth, please.
9 THE ACCUSED HARADINAJ: [Interpretation] July the 3rd, 1968.
10 JUDGE AGIUS: And where were you born?
11 THE ACCUSED HARADINAJ: [Interpretation] In the village of
12 Gllogjan in the Decan municipality in Kosovo.
13 JUDGE AGIUS: Yes. I am going to ask you for your address, your
14 last address before you came over here. If you prefer to give it in
15 private session, we will go in private session for a while and you can
16 give me your address. I don't think this is something that the public
17 ought to be familiar with. It's your preference. I mean, you tell me
18 what your preference is. Or your counsel. Mr. Dixon, if you want to
19 consult.
20 MR. DIXON: Yes, Your Honour. Could I have one moment to speak
21 to Mr. Haradinaj.
22 JUDGE AGIUS: Yes.
23 THE ACCUSED HARADINAJ: [Interpretation] Thank you very much for
24 the explanation. I prefer to do it in a closed session.
25 JUDGE AGIUS: Let's go into private session for a while, please.
Page 13
1 [Private session]
2 (redacted)
3 (redacted)
4 (redacted)
5 (redacted)
6 (redacted)
7 (redacted)
8 (redacted)
9 [Open session]
10 JUDGE AGIUS: Okay. We are in open session. What is your
11 nationality?
12 THE ACCUSED HARADINAJ: [Interpretation] Albanian Kosovar.
13 JUDGE AGIUS: Is your family informed about your transfer and
14 detention here in The Hague, your transfer to and detention in The Hague?
15 THE ACCUSED HARADINAJ: [Interpretation] Yes.
16 JUDGE AGIUS: Would you like me as an officer of this Tribunal to
17 inform anyone of your transfer and detention here in this Tribunal?
18 THE ACCUSED HARADINAJ: [Interpretation] There is no need for
19 that. Everybody has been informed because everything is possible to be
20 done.
21 JUDGE AGIUS: I thank you, Mr. Haradinaj. You may sit down.
22 Mr. Balaj. Same routine with you. Could I have your full name
23 for the record, please.
24 THE ACCUSED BALAJ: [Interpretation] Idriz Balaj, born on the 23rd
25 of August, 1971.
Page 14
1 JUDGE AGIUS: Yes. Let's go into private session for a while,
2 and Mr. Balaj will give us his last address before he came over here to
3 The Hague.
4 [Private session]
5 (redacted)
6 (redacted)
7 (redacted)
8 (redacted)
9 (redacted)
10 (redacted)
11 (redacted)
12 [Open session]
13 JUDGE AGIUS: I thank you. And your nationality?
14 THE ACCUSED BALAJ: [Interpretation] Albanian from Kosovo.
15 JUDGE AGIUS: Are the members of your family aware that you've
16 been transferred here to The Hague and that you are being kept in a state
17 of detention in the United Nations Detention Unit in Scheveningen?
18 THE ACCUSED BALAJ: [Interpretation] Yes.
19 JUDGE AGIUS: Would you like me as an officer of this Tribunal to
20 inform anyone of your presence here in The Hague?
21 THE INTERPRETER: The interpreter cannot hear.
22 JUDGE AGIUS: I think you need to raise your voice a little bit.
23 Is his microphone switched on?
24 THE ACCUSED BALAJ: [Interpretation] Thank you. Thank you.
25 JUDGE AGIUS: Thank you what? Do you require me to inform anyone
Page 15
1 of your presence here in The Hague?
2 THE ACCUSED BALAJ: [Interpretation] No, thank you for all.
3 JUDGE AGIUS: I thank you. You may sit down.
4 Mr. Brahimaj, same procedure. Could you please give me your full
5 name for the record.
6 THE ACCUSED BRAHIMAJ: [Interpretation] Yes; Lahi Brahimaj.
7 JUDGE AGIUS: Do you have any nicknames?
8 MR. HARVEY: Your Honour, before you proceed further, may I just
9 have one word with my client on that point?
10 JUDGE AGIUS: Yes. I was going to advise him on that too.
11 MR. HARVEY: Thank you.
12 [Defence counsel and accused confer]
13 MR. HARVEY: Thank you, Your Honour.
14 JUDGE AGIUS: I'm going to ask you whether you have any nickname.
15 You're free to -- not to answer that question, like every other question,
16 for that matter. Would you like to answer that question?
17 THE ACCUSED BRAHIMAJ: [Interpretation] Yes. My name is Lahi
18 Brahimaj.
19 JUDGE AGIUS: But do you have any nicknames? Are you known by
20 any nicknames? I didn't receive any interpretation.
21 THE INTERPRETER: The interpreter could not hear.
22 JUDGE AGIUS: Could you repeat your answer, please.
23 THE ACCUSED BRAHIMAJ: [Interpretation] No.
24 JUDGE AGIUS: I thank you. When were you born? Your date of
25 birth?
Page 16
1 THE ACCUSED BRAHIMAJ: [Interpretation] I was born in the village
2 of Jablanica, Gjakove municipality, Kosovo, on the 26th of January, 1970.
3 JUDGE AGIUS: Your nationality?
4 THE ACCUSED BRAHIMAJ: [Interpretation] Albanian from Kosovo.
5 JUDGE AGIUS: And are the members of your family informed about
6 your transfer to and your detention here in The Hague?
7 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
8 JUDGE AGIUS: Would you like me as an officer of this Tribunal to
9 inform any person of your presence and state of detention here in The
10 Hague?
11 THE ACCUSED BRAHIMAJ: [Interpretation] no thank you. Everybody
12 knows about it.
13 JUDGE AGIUS: I thank you. Please sit down.
14 Mr. Haradinaj, Mr. Balaj and Mr. Brahimaj, your arraignment and
15 initial appearance here today before me entails a number of rights.
16 These rights are enshrined in our Statute and to an extent also repeated
17 in our Rules. I want you to be fully aware of these rights, and for that
18 reason I'm going to ask Mr. Registrar to stand up and read out to you
19 Articles 20 and 21 of the Statute of this Tribunal, which spell out one
20 by one all these rights.
21 Mr. Registrar.
22 THE REGISTRAR: Article 20 commencement and conduct of trial
23 proceedings. "1. The Trial Chambers shall ensure that a trial is fair
24 and expeditious --"
25 THE INTERPRETER: Could the speaker slow down, please, the
Page 17
1 interpreters are asking.
2 THE REGISTRAR: "-- rights of the accused and due regard for the
3 protection of victims and witnesses."
4 JUDGE AGIUS: One moment. Mr. Registrar, the interpreters would
5 like you to slow down, so I would suggest that you start again because
6 they have lost track completely. This is a Statute. I suppose you
7 should have a copy of it available. We are reading from Rule 20 and Rule
8 21. But please do slow down.
9 Also, I take it there was a problem or were you just referring to
10 what the interpreters --
11 MR. GUY-SMITH: I was referring to what the interpreters raised
12 Your Honour.
13 JUDGE AGIUS: I thought so. Thank you.
14 MR. GUY-SMITH: Thank you.
15 JUDGE AGIUS: Mr. Registrar, please.
16 THE REGISTRAR: Commencing again, Article 20 commencement and
17 conduct of trial proceedings.
18 "1. The Trial Chambers shall ensure that a trial is fair and
19 expeditious and that proceedings are conducted in accordance with the
20 Rules of Procedure and Evidence with full respect for the rights of the
21 accused and due regard for the protection of victims and witnesses.
22 2. A person against whom an indictment has been confirmed shall,
23 pursuant to an order or an arrest warrant of the International Tribunal,
24 be taken into custody, immediately informed of the charges against him
25 and transferred to the International Tribunal.
Page 18
1 3. The Trial Chamber shall read the indictment, satisfy itself
2 that the rights of the accused are respected, confirm that the accused
3 understands the indictment, and instruct the accused to enter a plea.
4 The Trial Chamber shall then set the date for trial.
5 4. The hearings shall be public unless the Trial Chamber decides
6 to close the proceedings in accordance with its Rules of Procedure and
7 Evidence.
8 Article 21, rights of the accused:
9 1. All persons shall be equal before the International Tribunal.
10 2. In the determination of charges against him, the accused
11 shall be entitled to a fair and public hearing, subject to Article 22 of
12 the Statute.
13 3. The accused shall be presumed innocent until proved guilty
14 according to the provisions of the present Statute.
15 4. In the determination of any charge against the accused
16 pursuant to the present Statute, the accused shall be entitled to the
17 following minimum guarantees in full equality:
18 (a) To be informed promptly and in detail in a language which he
19 understands of the nature and cause of the charge against him;
20 (b) To have adequate time and facilities for the preparation of
21 his defence and to communicate with counsel of his own choosing;
22 (c) To be tried without undue delay;
23 (d) To be tried in his presence and to defend himself in person
24 or through legal assistance of his own choosing; to be informed, if he
25 does not have legal assistance, of this right; and to have legal
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13 English transcripts.
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1 assistance assigned to him, in any case where the interests of justice so
2 require, and without payment by him in any such case if he does not have
3 sufficient means to pay for it;
4 (e) To examine, or have examined, the witnesses against him and
5 to obtain the attendance and examination of witnesses on his behalf under
6 the same conditions as witnesses against him;
7 (f) To have the free assistance of an interpreter if he cannot
8 understand or speak the language used in the International Tribunal;
9 (g) Not to be compelled to testify against himself or to confess
10 guilt."
11 JUDGE AGIUS: I thank you. Mr. Brahimaj, could you stand up
12 again, please. You did not give us your last address before you arrived
13 here in The Hague, so let's go into private session for a while, please.
14 [Private session]
15 (redacted)
16 (redacted)
17 (redacted)
18 (redacted)
19 (redacted)
20 (redacted)
21 [Open session]
22 JUDGE AGIUS: We are in open session.
23 Mr. Haradinaj, could you stand up, please. You heard -- you
24 heard the Registrar read out in full Articles 20 and 21 of the Statute of
25 this Tribunal which lay down these rights that you enjoy. They are
Page 21
1 procedural and substantive rights as an accused before this Tribunal. Do
2 you understand the importance of these rights?
3 THE ACCUSED HARADINAJ: [Interpretation] Yes.
4 JUDGE AGIUS: Have you received the indictment in your own
5 language?
6 THE ACCUSED HARADINAJ: [Interpretation] Yes.
7 JUDGE AGIUS: Have you read it?
8 THE ACCUSED HARADINAJ: [Interpretation] Yes.
9 JUDGE AGIUS: Are you aware of its contents and do you understand
10 the import of the charges -- charges that are brought against you?
11 THE ACCUSED HARADINAJ: [Interpretation] Yes.
12 JUDGE AGIUS: All right. You may sit down for the time being.
13 Mr. Balaj, could you stand up, please. I have the same questions
14 for you. First, you heard the Registrar read out Articles 20 and 21 as
15 regards the rights that you enjoy as an accused before this Tribunal. Do
16 you understand the importance of these rights?
17 THE ACCUSED BALAJ: [Interpretation] Yes, I understand it.
18 JUDGE AGIUS: Have you received the indictment in your own
19 language?
20 THE ACCUSED BALAJ: [Interpretation] Yes, I have received it.
21 JUDGE AGIUS: Did you read it?
22 THE ACCUSED BALAJ: [Interpretation] Yes.
23 JUDGE AGIUS: Do you understand the -- its contents? Are you
24 aware of what you're being charged with and the facts that are alleged
25 against you?
Page 22
1 THE ACCUSED BALAJ: [Interpretation] Yes, I have read it, and I
2 have everything -- I am aware of everything in it.
3 JUDGE AGIUS: I thank you, Mr. Balaj. You may sit down.
4 Mr. Brahimaj, the same questions to you. You heard the Registrar
5 read out Articles 20 and 21 from the Statute of this Tribunal spelling
6 out your procedure and substantive rights as an accused before this
7 Tribunal. Do you understand the importance of these rights?
8 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
9 JUDGE AGIUS: Have you been served with the indictment in your
10 own language?
11 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
12 JUDGE AGIUS: Have you read it?
13 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
14 JUDGE AGIUS: Are you aware of the charges, the nature of the
15 charges, and the underlying factual allegations contained in this
16 indictment?
17 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
18 JUDGE AGIUS: So you understand completely what you're being
19 charged with?
20 THE ACCUSED BRAHIMAJ: [Interpretation] Yes.
21 JUDGE AGIUS: I thank you. You may sit down.
22 Now, according to the Rules I should proceed with the reading out
23 of the indictment in full unless, of course, there is a waiver
24 forthcoming from the accused. There are three accused here, and I need
25 to know where we stand on this. I will start with you, Mr. Dixon.
Page 23
1 MR. DIXON: Thank you, Your Honour. On behalf of Mr. Haradinaj,
2 there's no need to read the indictment out in full. It's only necessary
3 to read out the charges so he can enter his pleas of not guilty. Thank
4 you, Your Honour.
5 JUDGE AGIUS: I thank you, Mr. Dixon. Mr. Guy-Smith.
6 MR. GUY-SMITH: Once again, there is no need to read out the
7 indictment out in full, only the charges so Mr. Balaj is in a position to
8 enter his pleas of not guilty at this time.
9 JUDGE AGIUS: Thank you. Mr. Harvey.
10 MR. HARVEY: The same goes for Mr. Brahimaj. He fully
11 understands the nature and content of the indictment and is ready to
12 enter his pleas of not guilty [Realtime transcript read in error
13 "guilty"] forthwith.
14 JUDGE AGIUS: I thank you. Now, the procedure will be as
15 follows: I will --
16 MR. HARVEY: I apologise I do see that the --
17 JUDGE AGIUS: Transcript.
18 MR. HARVEY: The transcript actually says "his pleas of guilty
19 forthwith" and I would like that to be changed forthwith to "not guilty."
20 JUDGE AGIUS: Yes, I thank you for pointing that out, Mr. Harvey.
21 That goes, for the record, there is exactly the opposite of what there
22 should be in the transcript.
23 Mr. Harvey said that his client will be pleading not guilty.
24 So I will not be reading out the indictment in full although I
25 will be going through all the charges or the counts one by one, but very
Page 24
1 briefly.
2 I wish to makes it very clear to the three accused that pursuant
3 to Rule 62(A)(iii) of our Rules you have a right to enter a plea of
4 guilty or a plea of not guilty or even to remain silent on each count
5 today. If you do not enter a plea, in other words, if you remain silent
6 or if you prefer not to enter a plea today, our Rules allow for an
7 interval of time of 30 days within which you can then enter a plea. 30
8 days from today. If you don't enter a plea by the end of those 30 days,
9 I will then enter a plea myself on your behalf, a plea of not guilty. I
10 take it that you have all had an opportunity to discuss with your counsel
11 whether you will be entering a plea today and what kind of a plea you
12 will be entering. If it's -- if that's not the case, please let me know
13 now.
14 I don't see a reaction, which means that I take it you have
15 discussed this with your counsel.
16 Mr. Haradinaj, as I explained earlier on, you have more charges
17 than the other co-accused. Basically, the first count and the second
18 count relate to you only. So I will be starting with you and limitedly,
19 for the time being, to counts 1 and 2. I will tell you the nature of
20 these counts, the charge that is brought against you under each of these
21 two counts, and then I will ask you how you would like to plead to these
22 charges, and please tell me plead not guilty or guilty or I prefer not to
23 plead, as the case may be.
24 Mr. Haradinaj, the first count that is brought against you under
25 this indictment is one of persecution, a crime against humanity,
Page 25
1 punishable under Article 5(h) of the Statute of this Tribunal.
2 Alternatively, the Prosecution is charging you with other inhumane acts
3 pursuant to Article 5(i) of the Statute of this Tribunal, which is also a
4 crime against humanity. How would you like to plead to this first count;
5 guilty or not guilty?
6 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
7 JUDGE AGIUS: I thank you. Mr. Registrar, at the end of this
8 exercise I will tell you exactly what to put on record. Thank you.
9 The second count which is levelled, brought against you,
10 Mr. Haradinaj, in the indictment is one of cruel treatment, being a
11 violation of the laws or customs of war, and this is punishable under
12 Article 3 of this Statute of the Tribunal. How do you wish to plead to
13 this second count; guilty or not guilty?
14 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
15 JUDGE AGIUS: Now I would ask Mr. Balaj and Mr. Brahimaj to stand
16 up as well. Now we go -- we start from count 3 and go straight to the
17 end. The charges from count 3 to the last count are common to the three
18 of you, so the way I am going to do it is that I will state what the
19 charge is, and then I will ask you one after the other how you would like
20 to plead to each of these counts.
21 In the third count of the indictment, with which you are all
22 charged, the Prosecution is alleging that you are criminally responsible
23 of having committed the crime of persecution, which is a crime against
24 humanity, punishable under Article 5(h) of the Statute of this Tribunal,
25 and alternatively, it's being alleged that you are criminally responsible
Page 26
1 for the crime of deportation pursuant to Article 5(d) and also a charge
2 of other inhumane acts pursuant to 5 -- Article 5(i) of the Statute, both
3 crimes being crimes against humanity.
4 Mr. Haradinaj, with regard to this third count, how do you wish
5 to plead; guilty or not guilty?
6 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
7 JUDGE AGIUS: Mr. Balaj, how do you wish to plead to this third
8 count; guilty or not guilty?
9 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
10 JUDGE AGIUS: Mr. Brahimaj, how do you wish to plead to this
11 third count; guilty or not guilty?
12 THE ACCUSED BALAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: Let's go to the fourth count, which is one of cruel
14 treatment which is brought against you as a violation of the laws or
15 customs of war, which is punishable under Article 3 of the Statute of
16 this Tribunal.
17 Mr. Haradinaj, how do you wish to plead to this fourth count;
18 guilty or not guilty?
19 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
20 JUDGE AGIUS: Mr. Balaj, how do you wish to plead to this fourth
21 count?
22 THE ACCUSED BALAJ: [Interpretation] Completely not guilty.
23 JUDGE AGIUS: Mr. Brahimaj, how do you wish to plead to this
24 fourth count; guilty or not guilty?
25 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
Page 27
1 JUDGE AGIUS: We go to the fifth count, and the fifth count is --
2 contains a charge of persecution, a crime against humanity punishable
3 under Article 5(h) of the Statute of this Tribunal. Alternatively,
4 Prosecution is bringing against you a charge of imprisonment pursuant to
5 Article 5(e), and a charge of other inhumane acts pursuant to Article
6 5(i) of the Statute, all being crimes against humanity.
7 Mr. Haradinaj, how do you wish to plead to this fifth count;
8 guilty or not guilty?
9 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
10 JUDGE AGIUS: And you, Mr. Balaj, how do you wish to plead to
11 this fifth count; guilty or not guilty?
12 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
13 JUDGE AGIUS: And Mr. Brahimaj, how do you wish to plead to this
14 fifth count?
15 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
16 JUDGE AGIUS: I thank you. We come to the sixth count and the
17 sixth count contains a charge of cruel treatment, that is being a
18 violation of the laws or customs of war punishable under Article 3 of the
19 Statute of this Tribunal.
20 Mr. Haradinaj, how do you plead; guilty or not guilty?
21 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
22 JUDGE AGIUS: I thank you. Mr. Balaj, how do you wish to plead;
23 guilty or not guilty?
24 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
25 JUDGE AGIUS: And Mr. Brahimaj, how would you like to plead to
Page 28
1 this sixth count; guilty or not guilty?
2 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
3 JUDGE AGIUS: All right. I thank you. Count 7. Count 7 is a
4 charge of persecution. Again it might all seem to be a repetition here
5 but the facts alleged in this count amounting to persecution are
6 different in each case. Count 7 contains a charge of persecution being a
7 crime against humanity which is punishable, as I said earlier on, under
8 Articles 5 (h) of the Statute of this Tribunal. Alternatively, the
9 Prosecution is alleging that you committed murder pursuant to Article
10 5(a) of the Statute, this being a crime against humanity.
11 Mr. Haradinaj, how do you wish to plead to this seventh count;
12 guilty or not guilty?
13 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
14 JUDGE AGIUS: I thank you, Mr. Haradinaj.
15 Mr. Balaj, how do you wish to plead to this seventh count; guilty
16 or not guilty?
17 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
18 JUDGE AGIUS: And Mr. Brahimaj, same question to you: How do you
19 wish to plead; guilty or not guilty?
20 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty. Then we come
21 to the eighth count, and the eighth count contains a charge of murder as
22 being a violation of the laws or customs of war punishable under Article
23 3 of the Statute of this Tribunal.
24 Mr. Haradinaj, how do you wish to plead to this eighth count;
25 guilty or not guilty?
Page 29
1 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
2 JUDGE AGIUS: Mr. Balaj, how do you wish to plead to this eighth
3 count?
4 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
5 JUDGE AGIUS: Thank you. And Mr. Brahimaj, how do you wish to
6 plead to this eighth count?
7 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
8 JUDGE AGIUS: Ninth count, which is one of persecution, a crime
9 against humanity punishable under Article 5(h) of the Statute.
10 Alternatively, the Prosecution is alleging a crime of murder, which is
11 charged against you pursuant to Article 5(a) of the Statute, this being
12 also a crime against humanity.
13 Mr. Haradinaj, how would you like to plead to this ninth count;
14 guilty or not guilty?
15 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
16 JUDGE AGIUS: Mr. Balaj, guilty or not guilty?
17 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
18 JUDGE AGIUS: And Mr. Brahimaj, guilty or not guilty?
19 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
20 JUDGE AGIUS: Then we come to the tenth count, which is also a
21 charge of murder. This time it is alleged that this is a violation of
22 the laws or customs of war punishable under Article 3 of the Statute of
23 this Tribunal.
24 Mr. Haradinaj, do you plead guilty or not guilty?
25 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
Page 30
1 JUDGE AGIUS: Mr. Balaj, do you plead guilty or not guilty?
2 THE ACCUSED BALAJ: [Interpretation] Entirely not [Realtime
3 transcript read in error "guilty"] guilty.
4 JUDGE AGIUS: Mr. Brahimaj, do you plead guilty or not guilty?
5 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
6 JUDGE AGIUS: The 11th count again contains a charge of
7 persecution against the three of you. It's being alleged that this is a
8 crime against humanity punishable under 5(h) of the Statute of this
9 Tribunal. Alternatively, you're being charged with murder pursuant -- as
10 a crime against humanity, pursuant to Article 5(a) of the Statute.
11 Mr. Haradinaj, how do you wish to plead to this 11th count?
12 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: And Mr. Balaj?
14 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
15 JUDGE AGIUS: And Mr. Brahimaj?
16 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
17 JUDGE AGIUS: I recognise Mr. Guy-Smith.
18 MR. GUY-SMITH: Thank you so much, Your Honour. With regard to
19 the last plea that my client entered, I believe that we have a bit of a
20 problem. That is on line 18.
21 JUDGE AGIUS: "Entirely guilty" it says. It should be "entirely
22 not guilty." Please, I ask you to be kind enough to follow the
23 transcript because I can't do this exercise and follow the transcript at
24 the same time. I do thank you. I'm very grateful for your remark, Mr.
25 Guy-Smith, and I'm sure that the record at the end will reflect that the
Page 31
1 accused entered a plea of not guilty and not one of guilty. When I say
2 "the accused," I'm referring to Mr. Balaj.
3 We come to the 12th count, which is one of murder, being a
4 violation of the laws or customs of war, punishable under Article 3 of
5 the Statute of the Tribunal.
6 Mr. Haradinaj, how do you wish to plead to this 12th count;
7 guilty or not guilty?
8 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
9 JUDGE AGIUS: Mr. Balaj, guilty or not guilty?
10 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
11 JUDGE AGIUS: And Mr. Brahimaj, guilty or not guilty.
12 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: Then we come to the 13th count, which is a charge
14 of persecution, being a crime against humanity, punishable under Article
15 5(h) of the Statute of the Tribunal. Alternatively, the Prosecution is
16 charging you with murder and other inhumane acts, both being crimes
17 against humanity being charged under Article 5(a) and Article 5(i)
18 respectively of the Statute of this Tribunal.
19 How do you wish to plead to this 13th count, Mr. Haradinaj;
20 guilty or not guilty?
21 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
22 JUDGE AGIUS: Mr. Balaj.
23 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
24 JUDGE AGIUS: And Mr. Brahimaj.
25 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
Page 32
1 JUDGE AGIUS: Then we come to the 14th count which contains a
2 charge of murder, being a violation of the laws or customs of war,
3 punishable under Article 3 of our Statute.
4 Mr. Haradinaj, how do you wish to plead to this 14th count;
5 guilty or not guilty?
6 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
7 JUDGE AGIUS: Mr. Balaj.
8 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
9 JUDGE AGIUS: And Mr. Brahimaj.
10 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
11 JUDGE AGIUS: And the 15th count contains a charge of persecution
12 being a crime against humanity punishable under Article 5(h) of the
13 Statute. Alternatively, the Prosecution is charging you with murder and
14 other inhumane acts, being crimes against humanity and pursuant to
15 Article 5(a) and 5(i) respectively of the Statute of this Tribunal.
16 Mr. Haradinaj, how do you wish to plead to this 15th count;
17 guilty or not guilty?
18 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
19 JUDGE AGIUS: Mr. Balaj, guilty or not guilty?
20 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
21 JUDGE AGIUS: Mr. Brahimaj?
22 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
23 JUDGE AGIUS: I thank you. 16th count is one of murder, a
24 violation of the laws or customs of war punishable under Article 3 of the
25 Statute of this Tribunal.
Page 33
1 Mr. Haradinaj, what plea would you like to enter; one of guilty
2 or not guilty?
3 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
4 JUDGE AGIUS: Mr. Balaj?
5 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
6 JUDGE AGIUS: Mr. Brahimaj?
7 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
8 JUDGE AGIUS: And the 17th count is one persecution, being a
9 crime against humanity punishable under Article 5(h) of the Statute. Or
10 alternatively, the Prosecutor is bringing against you a charge of murder
11 pursuant to Article 5(a) and a charge of other inhumane acts pursuant to
12 Article 5(i) of the Statute, all these being crimes against humanity.
13 Mr. Haradinaj, how do you wish to plead; guilty or not guilty?
14 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
15 JUDGE AGIUS: Mr. Balaj?
16 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
17 JUDGE AGIUS: Mr. Brahimaj?
18 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
19 JUDGE AGIUS: The 18th count is a charge of murder, this being a
20 violation of the laws or customs of war, punishable under Article 3 of
21 the Statute of this Tribunal.
22 Mr. Haradinaj, how would you like to plead to this 18th count;
23 guilty or not guilty?
24 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
25 JUDGE AGIUS: Mr. Balaj?
Page 34
1 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
2 JUDGE AGIUS: Mr. Brahimaj?
3 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
4 JUDGE AGIUS: I thank you. We come to the 19th count, which is
5 one of persecution punishable under Article 5(h) of the Statute of this
6 Tribunal. Alternatively, the Prosecution is bringing against you a
7 charge of murder pursuant to Article 5(a) and a charge of other inhumane
8 acts pursuant to Article 5(i) of the Statute, all these being crimes
9 against humanity.
10 Mr. Haradinaj, how would you like to plead to this 19th count;
11 guilty or not guilty?
12 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: Mr. Balaj; guilty or not guilty?
14 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
15 JUDGE AGIUS: Mr. Brahimaj?
16 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
17 JUDGE AGIUS: Thank you. 20th count is one of murder being a
18 violation of the laws or customs of war punishable under Article 3 of the
19 Statute of this Tribunal.
20 Mr. Haradinaj, what's your plea to this 20th charge; guilty or
21 not guilty?
22 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
23 JUDGE AGIUS: Mr. Balaj?
24 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
25 JUDGE AGIUS: Mr. Brahimaj?
Page 35
1 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
2 JUDGE AGIUS: And the 21st count is one of persecution, being a
3 crime against humanity punishable under Article 5(h) of the Statute of
4 this Tribunal. Alternatively, the Prosecution is alleging murder against
5 you pursuant to article 5(a) of the Statute of this Tribunal, all these
6 being crimes against humanity.
7 Mr. Haradinaj, how do you wish to plead to this 21st count;
8 guilty or not guilty?
9 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
10 JUDGE AGIUS: Mr. Balaj?
11 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
12 JUDGE AGIUS: Mr. Brahimaj?
13 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
14 JUDGE AGIUS: And we come to the 22nd count, which is one of
15 murder being a violation of the laws or customs of war punishable under
16 Article 3 of the Statute of this Tribunal.
17 Mr. Haradinaj, how would you like to plead to this 22nd count;
18 guilty or not guilty?
19 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
20 JUDGE AGIUS: Mr. Balaj?
21 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
22 JUDGE AGIUS: Mr. Brahimaj.
23 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
24 JUDGE AGIUS: And the 23rd count is one of persecution, which is
25 a crime against humanity, punishable under Article 5(h) of the Statute.
Page 36
1 Alternatively, the Prosecution is alleging or charging you with murder
2 pursuant to Article 5(a), and the charge of other inhumane acts pursuant
3 to Article 5(i) of the Statute, which are also crimes against humanity.
4 Mr. Haradinaj, how do you wish to plead to this 23rd count;
5 guilty or not guilty?
6 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
7 JUDGE AGIUS: Mr. Balaj?
8 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
9 JUDGE AGIUS: Mr. Brahimaj?
10 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
11 JUDGE AGIUS: All right. We come to the 24th count, which is one
12 of murder as being a violation of the laws or customs of war punishable
13 under Article 3 of the Statute.
14 Mr. Haradinaj, how do you wish to plead to this 24th count;
15 guilty or not guilty?
16 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
17 JUDGE AGIUS: Mr. Balaj?
18 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
19 JUDGE AGIUS: Mr. Brahimaj.
20 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
21 JUDGE AGIUS: Come to the 25th count, which is one of
22 persecution, a crime against humanity punishable under Article 5(h) of
23 the Statute. Alternatively, the Prosecution is alleging murder, which is
24 charged against you pursuant to Article 5(a) of the Statute, these being
25 crimes against humanity.
Page 37
1 Mr. Haradinaj, how would you like to plead to this 25th count of
2 persecution; guilty or not guilty?
3 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
4 JUDGE AGIUS: Mr. Balaj?
5 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
6 JUDGE AGIUS: Mr. Brahimaj?
7 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
8 JUDGE AGIUS: And the 26th count is one of murder, a violation of
9 the laws or customs of war punishable under Article 3 of the Statute of
10 the Tribunal.
11 Mr. Haradinaj, how do you wish to plead; guilty or not guilty?
12 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: Mr. Balaj?
14 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
15 JUDGE AGIUS: Mr. Brahimaj?
16 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
17 JUDGE AGIUS: I thank you. 27th count is one of persecution, a
18 crime against humanity punishable under Article 5(h) of the Statute.
19 Alternatively, the Prosecution is charging you with other inhumane acts
20 pursuant to Article 5(i) of the Statute. All these are crimes against
21 humanity.
22 Mr. Haradinaj, how do you wish to plead; guilty or not guilty?
23 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
24 JUDGE AGIUS: Mr. Balaj?
25 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
Page 38
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Page 39
1 JUDGE AGIUS: And Mr. Brahimaj?
2 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
3 JUDGE AGIUS: I thank you. 28th count is of one is cruel
4 treatment, this being a violation of the laws or customs of war,
5 punishable under Article 3 of the Statute of this Tribunal.
6 Mr. Haradinaj, how do you wish to plead to this 28th count;
7 guilty or not guilty?
8 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
9 JUDGE AGIUS: Mr. Balaj?
10 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
11 JUDGE AGIUS: Mr. Brahimaj?
12 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: Okay. I thank you. 29th count, which is also one
14 of cruel treatment and also being a violation of the laws or customs of
15 war, of course based on different facts. This is punishable under
16 Article 3 of the Statute of this Tribunal.
17 Mr. Haradinaj, how do you wish to plead to this 29th count;
18 guilty or not guilty?
19 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
20 JUDGE AGIUS: Mr. Balaj, how do you wish to plead to this 29th
21 count; guilty or not guilty?
22 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
23 JUDGE AGIUS: And Mr. Brahimaj, the same question to you.
24 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
25 JUDGE AGIUS: And we come to count 30 which contains a charge of
Page 40
1 murder, this being a violation of the laws or customs of war punishable
2 under Article 3 of the Statute of this Tribunal.
3 Mr. Haradinaj, what is your plea?
4 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
5 JUDGE AGIUS: Mr. Balaj?
6 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
7 JUDGE AGIUS: And Mr. Brahimaj?
8 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
9 JUDGE AGIUS: 31st count is one of persecution, this being a
10 crime against humanity punishable under Article 5(h) of the Statute of
11 this Tribunal. Alternatively, the Prosecution is alleging that you
12 committed murder pursuant to Article 5(a) of the Statute and the charge
13 is bringing also against you a charge of other inhumane acts pursuant to
14 Article 5(i) of the Statute, all these being crimes against humanity.
15 Mr. Haradinaj, how do you wish to plead; guilty or not guilty?
16 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
17 JUDGE AGIUS: Mr. Balaj?
18 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
19 JUDGE AGIUS: And Mr. Brahimaj?
20 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
21 JUDGE AGIUS: I thank you. 32nd count is one of murder, this
22 being a violation of the laws or customs of war punishable under Article
23 3 of the Statute of this Tribunal.
24 Mr. Haradinaj, how do you wish to plead; guilty or not guilty?
25 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
Page 41
1 JUDGE AGIUS: And Mr. Balaj, how do you wish to plead to this
2 32nd count; guilty or not guilty?
3 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
4 JUDGE AGIUS: And Mr. Brahimaj?
5 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
6 JUDGE AGIUS: And we come to 33rd count, which is one of cruel
7 treatment as being a violation of the laws or customs of war punishable
8 under Article 3 of the Statute of this Tribunal.
9 Mr. Haradinaj, how do you wish to plead to this 33rd count?
10 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
11 JUDGE AGIUS: Mr. Balaj?
12 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
13 JUDGE AGIUS: Mr. Brahimaj?
14 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
15 JUDGE AGIUS: 34th count is one of persecution, a crime against
16 humanity punishable under Article 5(h) of the Statute. Alternatively,
17 the Prosecution is charging you with other inhumane acts pursuant to
18 Article
19 5(i) of the Statute, which is also a crime against humanity.
20 Mr. Haradinaj, how do you wish to plead to this 34th count;
21 guilty or not guilty?
22 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
23 JUDGE AGIUS: Mr. Balaj?
24 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
25 JUDGE AGIUS: Mr. Brahimaj?
Page 42
1 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
2 JUDGE AGIUS: I thank you. And the 35th count against you is a
3 charge of persecution, a crime against humanity, punishable under Article
4 5(h) of the Statute of this Tribunal. Alternatively, the Prosecution is
5 charging you with rape pursuant to Article 5(g) and a charge of other
6 inhumane acts pursuant to Article 5(i) of the Statute, both being crimes
7 against humanity.
8 Mr. Haradinaj, how do you wish to plead to this 35th count;
9 guilty or not guilty?
10 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
11 JUDGE AGIUS: Mr. Balaj?
12 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
13 JUDGE AGIUS: And Mr. Brahimaj?
14 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
15 JUDGE AGIUS: Count 36. This is a charge of rape, being a
16 violation of the laws or customs of war, which is punishable under
17 Article 2 and Article 3 of the Statute of this Tribunal according to the
18 indictment. I'm not going into whether Article 2 is pleaded against you
19 in this case or not.
20 Mr. Haradinaj, I'm sure your lawyers will take this up later on.
21 Mr. Haradinaj, how do you wish to plead to this 36th count; guilty or not
22 guilty?
23 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
24 JUDGE AGIUS: Mr. Balaj?
25 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
Page 43
1 JUDGE AGIUS: Mr. Brahimaj?
2 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
3 JUDGE AGIUS: We come to the last count which is the 37th count,
4 which is one of cruel treatment, a violation of the laws or customs of
5 war punishable under Article 3 of the Statute of the Tribunal.
6 Mr. Haradinaj, how do you wish to plead to this 37th count;
7 guilty or not guilty?
8 THE ACCUSED HARADINAJ: [Interpretation] Not guilty.
9 JUDGE AGIUS: Mr. Balaj?
10 THE ACCUSED BALAJ: [Interpretation] Entirely not guilty.
11 JUDGE AGIUS: And Mr. Brahimaj?
12 THE ACCUSED BRAHIMAJ: [Interpretation] Not guilty.
13 JUDGE AGIUS: I thank you. You may sit down.
14 Mr. Registrar, I should like to ask you to enter for the record
15 that the three accused pleaded not guilty to each and every one of the
16 counts brought against them in the indictment. I thank you.
17 Having said so, I wish to inform you, Mr. Haradinaj, Mr. Balaj,
18 and Mr. Brahimaj, that at any time from now onwards you are entitled to
19 change your plea. You can change your plea to one of guilty to all the
20 charges or you can change your plea to one of guilty to some of the
21 charges. That's up to you.
22 Before I proceed, I also wish to draw your attention to one of
23 the Rules that we have, and that is Rule 63, and I'm going to read it out
24 to you so that you will be fully aware of it, particularly since some of
25 you do not yet have counsel assigned to them.
Page 44
1 Rule 63, first paragraph, states: "Questioning by the Prosecutor
2 of an accused, including after the initial appearance, shall not proceed
3 without the presence of counsel unless the accused has voluntarily and
4 expressly agreed to proceed without counsel being present. If the
5 accused subsequently expresses a desire to have counsel, questioning
6 shall thereupon cease and shall only resume when the accused's counsel is
7 present."
8 The second paragraph of Rule 63 states that "The questioning,
9 including any waiver of the right to counsel, shall be audio-recorded or
10 video-recorded in accordance with the procedure provided for in Rule 43.
11 The Prosecutor shall at the beginning of the questioning caution the
12 accused in accordance with Rule 42(A)(iii)," which basically the
13 Prosecution needs to caution you that you have the right to remain
14 silent, no one can force you to incriminate yourselves, and that anything
15 you may say may be used in evidence.
16 Mr. Haradinaj, Mr. Balaj, and Mr. Brahimaj, I will very soon
17 after this sitting appoint a pre-trial Judge who will schedule a Status
18 Conference to be held within 120 days from today pursuant to Rule 65 bis
19 (A) of the Rules of Procedure of this Tribunal. The purpose of the
20 Status Conference is twofold. First, it is to organise exchanges between
21 the parties and facilitate expeditious preparation for trial. Secondly,
22 the Pre-Trial Judge will have an opportunity to see you in person and to
23 ensure that you are being treated well and to be made aware of any
24 complaints or requests that you may have. You will later on be informed
25 of the exact date of this Status Conference which will be fixed by the
Page 45
1 Pre-Trial Judge that I will appoint.
2 In addition, I will be giving instructions to the Registrar to
3 start preparing a date for the trial when appropriate. Of course, please
4 do not interpret what I have just said that the trial will start in a
5 very short time. There will be all the time needed required to be taken
6 first before a trial date can be fixed. But it will be fixed at the
7 earliest opportunity.
8 In the meantime, I have signed an order to the effect that you
9 will remain in custody for the time being. I wish to advise you that in
10 terms of Rule 65 of our Rules of Procedure and Evidence, you may at any
11 time file an application for provisional release which will of course be
12 dealt with after hearing what the Prosecution has to say. I'm sure that
13 now and later your respective Defence counsel will be able to assist you
14 on this.
15 I turn to my left, and madam, I wish to remind you that pursuant
16 to Rule 66(A)(i) of the Rules of Procedure you have 30 days from today to
17 make available to the respective Defence counsel in a language which the
18 accused understands all the supporting material which accompanied the
19 indictment when confirmation was sought by your office. If there are any
20 problems or that if you anticipate any problems in regard, please speak
21 now.
22 MS. UERTZ-RETZLAFF: Your Honour, the Prosecution is aware of its
23 obligation and will act accordingly. However, I have, of course,
24 inquired with the translation section. It will be difficult for them,
25 given their limited resources, but I'm quite confident that we still have
Page 46
1 everything in the language that the accused understand.
2 JUDGE AGIUS: Right. Then there is obviously the question of
3 Defence counsel, because I cannot anticipate how long it's going to take
4 the Registrar to assign counsel to each and every one of the accused. I
5 mean, from the looks of it, it's only Mr. Dixon that is -- appears on the
6 horizon for the time being. So that may occasion the need for an
7 extension of the -- of the time if there is no counsel unless the parties
8 -- the accused themselves wish to have these documents delivered to them
9 personally, but we'll come to that or the Pre-Trial Judge that I will
10 appoint will -- will deal with that in due course.
11 I thank you, madam.
12 I wish to remind also the three accused and respective duty
13 counsel present here that pursuant to Rule 72(A) of our Rules, the
14 Defence has a period of 30 days for the filing of any preliminary pleas,
15 preliminary motions. Once, however, you ever been served with all the
16 supporting material and the basis of the indictment in accordance with
17 Rule 66 mentioned earlier. So I don't need to expand or explain this.
18 I'm pretty much sure that you are fully aware of this.
19 We come to the close. Madam Prosecutor, is there any matter that
20 you would like to raise at the moment, at this point?
21 MS. UERTZ-RETZLAFF: No, Your Honour. Nothing arises.
22 JUDGE AGIUS: I thank you. Is there any matter that the Defence
23 for Mr. Haradinaj or the accused himself, for that matter, wish to raise
24 at this stage?
25 MR. DIXON: Thank you, Your Honour. Your Honour did mention Rule
Page 47
1 65 and provisional release. There will be no application made at this
2 hearing today, but I did wish to inform the Court that such an
3 application will be made for Mr. Haradinaj's provisional release in the
4 future. I will also speak to my learned colleagues from the Prosecution
5 about this to move the matter forward as quickly as possible. The basis
6 for the application will be that his case is entirely unprecedented for a
7 serving Prime Minister to immediately, once he heard about the
8 indictment, resign from his position on the same day and to voluntarily
9 hand himself over to the United Nations and the ICTY. He has cooperated
10 fully and within the space of a few days has arrived here in The Hague.
11 Your Honour, there will be a formal motion submitted setting out
12 these grounds, together with the necessary guarantees, in the near
13 future. I just wish to bring it to the Court's attention that that is the
14 first application that will be made on his behalf as soon as possible.
15 JUDGE AGIUS: I thank you, Mr. Dixon. I will wait for that
16 motion. That, of course, is something which will be dealt with by the
17 full Trial Chamber.
18 Is there any matter that Defence counsel for Mr. Balaj or the
19 accused himself wish to raise at this stage?
20 MR. GUY-SMITH: Yes, Your Honour, there is. There are two things
21 I wish to inform the Court as well the Prosecutor of. In my
22 conversations was Mr. Balaj I have informed him of his right to have
23 counsel present at all proceedings, and it is my understanding and my
24 interpretation of the rule with regard to any questioning that might
25 occur that during my tenure as duty counsel, I am that counsel and would
Page 48
1 inform any individuals who may seek to have any kind of interview with my
2 client that they may not do so unless I am first informed of such a thing
3 and then we'll make a determination whether or not it's appropriate.
4 With regard to the issues concerning Rule 72, I do appreciate
5 precisely what Your Honour has said. There are some concerns, however,
6 that do exist, and they have arisen before and I just wish to alert you
7 to those potential difficulties. If I remain in the position that I am
8 now and my status changes, then I am more than happy to undertake any
9 motions that need to be filed in the initial phases after obtaining
10 complete disclosure of those supporting documents. However, I think it
11 imprudent and would be filing a motion evidencing such concern if by that
12 time permanent counsel does not exist for Mr. Balaj because I believe
13 that permanent counsel is in a better position, looking at the entirety
14 of the case, to make a determination what appropriate motions should be
15 filed. It's not only a legal matter but also a matter of strategy.
16 JUDGE AGIUS: I thank you. Mr. Guy-Smith, I wouldn't preempt any
17 issues for the time being. I am not in a position to -- to know when
18 counsel will be assigned to your client and who will be assigned to your
19 client. Obviously everything will rotate on that as a factor plus the
20 date or the time when the Prosecution would fulfil its obligations under
21 Rule 66.
22 MR. GUY-SMITH: I appreciate your comments, sir.
23 JUDGE AGIUS: And if there is need for extensions, obviously the
24 last thing that you should think of is that the Trial Chamber would be
25 unreasonable in -- in considering your motions or those of your successor
Page 49
1 if there will be a successor.
2 MR. GUY-SMITH: And again thank you.
3 JUDGE AGIUS: Thank you. And I turn to you, Mr. Harvey. Is
4 there any matter that you or, for that matter, your client would like to
5 raise at this stage?
6 MR. HARVEY: Your Honour, all I would say at this stage is that
7 with reference to the possibility of an application for pre-trial
8 release, Your Honour has already said clearly on the record that my
9 client voluntarily surrendered himself the moment the indictment was made
10 public and I do anticipate that at some stage application will be made in
11 that respect.
12 In addition, I would echo exactly what Mr. Guy-Smith has just
13 said. I am currently duty counsel and until any other counsel is
14 appointed by my client or on his behalf, I have advised him of his right
15 not to be questioned by anybody on behalf of the Prosecution and I would
16 expect that the normal courtesies would be extended; in other words, that
17 nobody would seek to interview my client without first approaching me and
18 informing me of their intention to do so.
19 JUDGE AGIUS: I thank you, Mr. Harvey.
20 Mr. Haradinaj, could you stand up, please. You've been here a
21 few days. I would like to know or to make sure that you have been
22 treated well during your stay here in The Hague.
23 THE ACCUSED HARADINAJ: [Interpretation] Everything has been fine,
24 and I've been treated with dignity.
25 JUDGE AGIUS: I thank you. Is there any complaint -- is there
Page 50
1 any complaint that you would like to make or are there any concerns,
2 could be also health concerns that you would like me to be aware of?
3 THE ACCUSED HARADINAJ: [Interpretation] The health service and
4 everything has been of the highest service. There is nothing in
5 particular I wish to point to you.
6 JUDGE AGIUS: Right. Thank you. You may sit down.
7 Mr. Balaj, again I want to make sure that since your arrival here
8 in The Hague you have been treated well. That's my first question to
9 you.
10 THE ACCUSED BALAJ: [Interpretation] Everything has been fine.
11 JUDGE AGIUS: Is there anything that you would like to tell me,
12 any complaints, any requests, except to send you home?
13 THE ACCUSED BALAJ: [Interpretation] Nothing for the moment.
14 JUDGE AGIUS: Okay. Thank you. You may sit down.
15 Mr. Brahimaj, the same question to you: Have you been treated
16 well since your arrival here in The Hague?
17 THE ACCUSED BRAHIMAJ: [Interpretation] Yes, everything is fine.
18 JUDGE AGIUS: And do you have any complaints or any remarks or
19 any special requests that you would like to address to me?
20 THE ACCUSED BRAHIMAJ: [Interpretation] No.
21 JUDGE AGIUS: I thank you. You may sit down.
22 That brings today's initial appearance to an end. Next there
23 will be, as I explained earlier, the appointment by myself of the
24 Pre-Trial Judge and of course the first Status Conference which you
25 expect to happen within 120 days starting from today.
Page 51
1 I thank you all. Good morning.
2 --- Whereupon the Initial Appearance adjourned
3 at 9.37 a.m.
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