1
Thursday, 26 July 2001
[Initial Appearance]
(Open session)
--- Upon commencing at 2.36 p.m.
[The accused entered court]
JUDGE RODRIGUES: [Interpretation] Please be seated. First of all, I would like to say good afternoon to the interpreters, to the people in the technical booth, and to be sure that everybody can hear me.
General, do you hear me?
[The accused stands]
THE ACCUSED: [Interpretation] I can hear you well.
JUDGE RODRIGUES: [Interpretation] Very well.
[The accused sits down]
JUDGE RODRIGUES: [Interpretation] I would also like to say good afternoon to those people who are sitting in the public gallery, following the proceedings.
We are in a preliminary proceeding today; more specifically, this is the Initial Appearance of the accused General Ademi, which is covered by Rule 62 of the Rules.
Madam Registrar, would you call the case, please.
THE REGISTRAR: Case number IT-01-46-I, the Prosecutor of the Tribunal against Rahim Ademi.
JUDGE RODRIGUES: [Interpretation] Thank you very much. Let me turn to the Prosecution. Could we have the appearances for 2 the Prosecution, please.
MR. IERACE: Good afternoon, Your Honours. Appearing with me today are trial attorneys Michael Blaxill and Stephan Waespi, and the case manager, Lakshmie Walpita.
JUDGE RODRIGUES: [Interpretation] Thank you very much. Let me turn to the Defence. Would you introduce yourself, please, sir, and tell us what bar you are a member of and what your qualifications at the Tribunal are.
MR. PRODANOVIC: [Interpretation] Good afternoon, Mr. President and Your Honours. I am attorney Cedo Prodanovic from Zagreb and I am a member of the Bar Association of the Republic of Croatia.
JUDGE RODRIGUES: [Interpretation] Thank you very much, Mr. Prodanovic.
Madam Registrar, are all of Mr. Prodanovic's credentials in order?
THE REGISTRAR: Yes.
JUDGE RODRIGUES: [Interpretation] Thank you. Let me now turn to General Ademi, who is appearing today further to the Indictment that was issued against him.
General Ademi, would you rise, please.
[The accused stands]
JUDGE RODRIGUES: [Interpretation] Would you please answer the following questions: Would you give us your first name and your family name?
THE ACCUSED: [Interpretation] My name is Rahim and my surname, 3 Ademi.
JUDGE RODRIGUES: [Interpretation] Could you tell us the date and place of your birth?
THE ACCUSED: [Interpretation] On the 30th of January, 1954, the village of Karac, municipality of Vucitrn, Kosovo.
JUDGE RODRIGUES: [Interpretation] What is your profession or your occupation, please?
THE ACCUSED: [Interpretation] By occupation, I am a General of the Croatian army and a member of the Ministry of Defence of the Republic of Croatia.
JUDGE RODRIGUES: [Interpretation] Before you came here, what was your residence?
THE ACCUSED: [Interpretation] My place of residence is Split, in Croatia.
JUDGE RODRIGUES: [Interpretation] Are you married, General?
THE ACCUSED: [Interpretation] I am married, and I have two daughters.
JUDGE RODRIGUES: [Interpretation] Very well. General Ademi, this is your Initial Appearance before the Tribunal. This is a formality, of course, but it is of substantive importance, and you must be present at it with your counsel because you have the possibility to hear the charges which the Office of the Prosecutor has brought against you.
So that things are clear, General, I will first ask Madam Registrar to remind us of the text, of the basic text which gives a 4 certain number of rights to us and will allow us to proceed to the important formality which is this Initial Appearance. General, you may be seated while that is read out.
[The accused sits down]
JUDGE RODRIGUES: [Interpretation] Madam Registrar, would you please read Articles 20 and 21 of the Statute and Rule 62 of the Rules.
THE REGISTRAR: Article 20: Commencement and conduct of trial proceedings:
1. The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses. 2. A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the International Tribunal, be taken into custody, immediately informed of the charges against him and transferred to the International Tribunal. 3. The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Trial Chamber shall then set the date for trial. 4. The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence.
Article 21: Rights of the accused: 1. All persons shall be equal before the International 5 Tribunal.
2. In the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to Article 22 of the Statute.
3. The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute. 4. In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees in full equality:
(a) to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) to be tried without undue delay;
(d) to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
(e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) to have the free assistance of an interpreter if he cannot understand or speak the language used in the International Tribunal; 6 (g) not to be compelled to testify against himself or to confess guilt.
Rule 62: Initial appearance of accused: Upon transfer of an accused to the seat of the Tribunal, the President shall forthwith assign the case to a Trial Chamber. The accused shall be brought before that Trial Chamber or a permanent Judge thereof without delay, and shall be formally charged. The Trial Chamber or the Judge shall:
(i) satisfy itself, himself or herself that the right of accused to counsel is respected;
(ii) read or have the indictment read to the accused in a language the accused speaks and understands, and satisfy itself, himself or herself that the accused understands the indictment; (iii) inform the accused that, within thirty days of the initial appearance, he or she will be called upon to enter a plea of guilty or not guilty on each count but that, should the accused so request, he or she may immediately enter a plea of guilty or not guilty on one or more count;
(iv) if the accused fails to enter a plea at the initial or any further appearance, enter a plea of not guilty on the accused's behalf;
(v) in case of a plea of not guilty, instruct the registrar to set a date for trial;
(vi) in case of a plea of guilty: (a) if before the Trial Chamber, act in accordance with 7 Rule 62 bis, or
(b) if before a Judge, refer the plea to the Trial Chamber so that it may act in accordance with Rule 62 bis; (vii) instruct the registrar to set such other dates as appropriate.
JUDGE RODRIGUES: [Interpretation] Thank you very much, Madam Registrar.
General Ademi, would you rise, please.
[The accused stands]
JUDGE RODRIGUES: [Interpretation] General, we are now going to move to the most important formality of this Initial Appearance, which is to know whether you wish to plead guilty or not guilty. But before asking you that question, I'm going to ask you some other questions. The first is the following: Have you received the Indictment in your own language?
THE ACCUSED: [Interpretation] I have.
JUDGE RODRIGUES: [Interpretation] Did you understand the contents of the Indictment?
THE ACCUSED: [Interpretation] I have fully.
JUDGE RODRIGUES: [Interpretation] Were you able to discuss it with your counsel?
THE ACCUSED: [Interpretation] I have.
JUDGE RODRIGUES: [Interpretation] Are you prepared today to tell us whether you are pleading guilty or not guilty to each count, or do you prefer to do so in the next 30 days? 8
THE ACCUSED: [Interpretation] I am ready to plead today.
JUDGE RODRIGUES: [Interpretation] Very well. Are you going to plead to all the counts, or only to one or to several of them?
THE ACCUSED: [Interpretation] For all of them together.
JUDGE RODRIGUES: [Interpretation] You may be seated.
THE ACCUSED: [Interpretation] Thank you.
[The accused sits down]
JUDGE RODRIGUES: [Interpretation] I now turn to Mr. Prodanovic. I suggest that we proceed as follows: Madam Registrar will read out the Indictment, but only the paragraphs which relate to the identification of the General and the counts. And when we reach the counts, I will ask the General to rise and to answer each count as to whether he pleads guilty or not guilty. Do you agree with that way of proceeding, sir?
MR. PRODANOVIC: [Interpretation] Your Honour, Mr. President, General Ademi has understood the Indictment, as he has already said, and he waives the right to the reading of the Indictment. And he is immediately ready to plead to each count or, rather, all of them together, as he has said.
JUDGE RODRIGUES: [Interpretation] That is what we're going to do. But after that, we do have to read out the counts for the interests of the public.
Therefore, Madam Registrar, you will read out the short introduction to the Indictment, paragraphs 1 to 5, and then 16 to 23.
THE REGISTRAR: The Prosecutor of the Tribunal against Rahim Ademi. Indictment. The Prosecutor of the International Criminal Tribunal 9 for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the Tribunal, charges Rahim Ademi with crimes against humanity and violations of the laws or customs of war as set forth below: The accused. Rahim Ademi.
1. Rahim Ademi was born in Karac, Vucitrn, Kosovo on 30 January 1954. He graduated from a Military Academy of the Yugoslav National Army (JNA) in 1976.
2. Rahim Ademi served in the Ministry of the Interior (MUP) in Croatia from 1991.
3. On 5 December 1992, he was appointed the Chief of Staff of the Gospic (Lika) Military District under the Command of Brigadier Izidor Cesnaj.
4. In 1993, Brigadier Cesnaj was Commander of the Gospic Military District. In April or May of 1993, following Brigadier Cesnaj being placed on sick leave, Rahim Ademi was appointed Acting Commander, which command he held throughout the Medak Pocket military operation, which occurred from 9 September 1993 to on or about 17 September 1993. 5. On 23 September 1995, Rahim Ademi was promoted to the rank of Major General. He was appointed to his current position of Assistant to the Chief of the HV Inspectorate on 11 February 1999. Charges. Count 1 (Persecutions):
16. Before and during the Croatian military operation in the Medak Pocket, from 9 September 1993 to on or about 17 September 1993, Rahim Ademi acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the 10 planning, preparation or execution of persecutions of Serb civilians of the Medak Pocket on racial, political or religious grounds. 17. The crime of persecution was perpetrated through the following:
(a) the unlawful killing of Serb civilians and captured and/or wounded soldiers;
(b) cruel and inhumane treatment of Serb civilians from the Medak Pocket, including causing serious injuries;
(c) terrorising the predominantly Serb civilian population of the Medak Pocket, including forcing the civilian population to abandon their homes and leave the area permanently;
(d) the destruction of personal property belonging to Serb civilians from the Medak Pocket, including destruction of their homes, farms, household goods and other equipment, the polluting of their wells and the killing of their farm animals;
(e) the plunder of the personal property belonging to Serb civilians from the Medak Pocket.
18. Alternatively, Rahim Ademi knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 17 above, or had done so. Rahim Ademi failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, Rahim Ademi, did commit: Count 1: a crime against humanity, being persecutions on 11 political, racial or religious grounds, which is punishable under Article 5(h) read with Articles 7(1) and 7(3) of the Statute of the Tribunal.
JUDGE RODRIGUES: [Interpretation] General Ademi, would you rise, please.
[The accused stands]
JUDGE RODRIGUES: [Interpretation] General, do you plead guilty or not guilty to this count?
THE ACCUSED: [Interpretation] I totally reject this count of the Indictment, and I am not guilty.
JUDGE RODRIGUES: [Interpretation] You may be seated for the time being.
[The accused sits down]
JUDGE RODRIGUES: [Interpretation] Madam Registrar, would you continue, please, with Counts 2 and 3.
THE REGISTRAR: Counts 2 and 3 (Murder): 19. Rahim Ademi knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, between 9 September 1993 and about 17 September 1993 were engaged in the unlawful killing of Serb civilians living in the Medak Pocket and Serb soldiers who were captured and/or wounded, or had done so. Rahim Ademi failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, Rahim Ademi, did commit: Count 2: a crime against humanity, being murder, which is punishable under Article 5(a) read with Article 7(3) of the Statute of the 12 Tribunal.
JUDGE RODRIGUES: [Interpretation] General, would you rise, please.
[The accused stands]
JUDGE RODRIGUES: General, do you plead guilty or not guilty to this count?
THE ACCUSED: [Interpretation] I also reject this count of the Indictment, and I am not guilty.
JUDGE RODRIGUES: [Interpretation] You may remain standing. Madam Registrar, would you please continue.
THE REGISTRAR: Count 3: a violation of the laws or customs of war, being murder, as recognised by Common Article 3(1)(a) of the Geneva Convention of 1949, which is punishable under Articles 3 read with Article 7(3) of the Statute of the Tribunal.
JUDGE RODRIGUES: [Interpretation] General Ademi, do you plead guilty or not guilty to this count?
THE ACCUSED: [Interpretation] I am not guilty, Your Honour.
JUDGE RODRIGUES: [Interpretation] Madam Registrar, would you continue.
THE REGISTRAR: Count 4 (Plunder of Property): 20. From 9 September 1993 to on or about 17 September 1993, the property of Serb civilians living in the Medak Pocket property was plundered. Rahim Ademi acting individually and/or in concert with others planned, instigated, ordered, committed, or otherwise aided and abetted in the planning, preparation, or execution of the plunder of property of Serb 13 civilians of the Medak Pocket.
21. Alternatively, Rahim Ademi knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 20 above, or had done so. Rahim Ademi failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, Rahim Ademi, did commit: Count 4: a violation of the laws or customs of war, being plunder of public or private property, which is punishable under Article 3(e) read with Articles 7(1) and 7(3) of the Statute of the Tribunal.
JUDGE RODRIGUES: [Interpretation] General Ademi, do you plead guilty or not guilty to this count?
THE ACCUSED: [Interpretation] I am absolutely not guilty.
JUDGE RODRIGUES: [Interpretation] Very well. Madam Registrar, would you continue, please.
THE REGISTRAR: Count 5 (Wanton Destruction of Cities, Towns or Villages):
22. From 9 September 1993 to on or about 17 September 1993, most Serb villages of the Medak Pocket were destroyed. Rahim Ademi, acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the destruction of property of Serb civilians of the Medak Pocket.
23. Alternatively, Rahim Ademi knew or had reason to know that 14 Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 22 above, or had done so. Rahim Ademi failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, Rahim Ademi, did commit: Count 5: wanton destruction of cities, towns or villages, a violation of the laws or customs of war, punishable under Article 3(b) read with Articles 7(1) and 7(3) of the Statute of the Tribunal.
JUDGE RODRIGUES: [Interpretation] General Ademi, do you plead guilty or not guilty to this count?
THE ACCUSED: [Interpretation] Mr. President, Your Honour, I feel completely innocent and I am not guilty.
JUDGE RODRIGUES: [Interpretation] Very well. General, you may be seated.
[The accused sits down]
JUDGE RODRIGUES: [Interpretation] We have noted that General Ademi has pleaded not guilty to all the counts.
Madam Registrar, would you take note that General Ademi has pleaded not guilty to all the counts in the indictment.
THE REGISTRAR: Yes, Your Honour.
JUDGE RODRIGUES: [Interpretation] Thank you. I would like to turn now to the Office of the Prosecutor to recall several organisational points regarding the work in this case. In respect of Rule 66(A)(ii) disclosure of documents by the Prosecutor, we have 15 already made the provisions necessary, and do you intend to do so? Or in more general terms, where do we stand in relation to this question?
MR. IERACE: Your Honour, firstly, in relation to Rule 66(A)(i), I anticipate no difficulty in compliance. Indeed, the Prosecution is in the position at the moment or at least in the next few days to provide a copy in the English language of a supporting material and will provide a copy in the Croatian language within the 30 days.
With respect to Rule 66(A)(ii), the Prosecution is not in a position to provide copies of other statements and material upon which the Prosecution will rely at trial within the next month. That will take some time beyond that. We anticipate within the next few months that the material could be provided.
JUDGE RODRIGUES: [Interpretation] Very well, Mr. Ierace. Let me turn to Mr. Prodanovic.
As you know, Rule 72 of the Tribunal states that preliminary motions must be filed in writing at the latest 30 days after the Prosecutor has disclosed to the Defence all of its supporting materials and the statements of the accused referred to in Rule 66 that we've just spoken of.
In respect of this indictment, and taking into account the case law of the Tribunal, do you expect to raise any preliminary motions or is it premature to answer that question now?
MR. PRODANOVIC: [Interpretation] My answer will depend, above all, on what I receive from the Prosecution, which documents will be disclosed to me, so that my answer would be that it is too early for me to answer 16 your question now as to whether I will make any such motions.
JUDGE RODRIGUES: [Interpretation] Mr. Prodanovic, as you know, Rule 65 ter (a) states that the Presiding Judge appoints a Pre-Trial Judge. We have time for that. So we'll wait for the disclosure of the documents from the Prosecutor because, as you know, it is from that point on that the time period for the preliminary motions begins to run, and I think, therefore, it is perhaps too early to state now what our organisational plan will be. But in the coming days, we're going to appoint a Pre-Trial Judge further to which we must set up a work plan for the pre-trial phase of the case in order to prepare the case so that it can begin as quickly as possible once the rights of the accused, that is, to have a fair and expeditious trial, have been met.
Therefore, for the time being, I believe there are no further questions to deal with. I would simply like to turn to General Ademi and give him the opportunity to speak.
Would you rise, please in order to give you the opportunity to speak about your detention conditions and your medical condition, and to ask whether there are any other statements you wish to make at this moment.
[The accused stands]
THE ACCUSED: [Interpretation] The conditions of detention are commensurate to the circumstances. As for my health, my health is good. I have no complaints to make.
JUDGE RODRIGUES: [Interpretation] Very well. You may be seated, please. Thank you. 17
[The accused sits down]
JUDGE RODRIGUES: [Interpretation] I think there are no further questions to deal with for the time being, is that correct, Mr. Ierace?
MR. IERACE: That's so, Your Honour, except for one minor matter that I should perhaps draw to Your Honours' attention for the record, and that is that during the reading of the indictment, I think the accused's birth date was read as the 20th of January 1954 whereas it is the 30th of January 1954, and the Ministry of the Interior as it appears in paragraph 2, I think was stated to be the "Military of the Interior." Just those minor aspects for the record.
Thank you, Your Honour.
JUDGE RODRIGUES: [Interpretation] Very well. Mr. Prodanovic, do you have any issues you wish to deal with? If not, we will adjourn the session.
MR. PRODANOVIC: [Interpretation] Your Honour, Mr. President, I have nothing more at this point in time to say to Your Honours, and I thank you for the opportunity to address you.
JUDGE RODRIGUES: [Interpretation] Very well. There are no further questions to deal with. We have finished with the initial appearance of General Ademi and therefore court stands adjourned.
--- Whereupon the Initial Appearance adjourned at 3.10 p.m.