⁹

Thursday, 11 November 2004

(Open Session)

[Further Appearance]

[The accused entered court]

--- Upon commencing at 3.02 p.m.

JUDGE BONOMY: Would the Registrar call the case, please.

THE REGISTRAR: Good afternoon, Your Honour. This is case number IT-02-58-I, the Prosecutor of the Tribunal against Ljubisa Beara.

JUDGE BONOMY: Thank you. Now, may I have the appearances for the Prosecution.

MS. ISSA: Good afternoon, Your Honour. May it please the Court, I appear for the Prosecution. My name is Antionette Issa, and I appear with my colleagues Ms. Caroline Davidson and Ms. Janet Stewart.

JUDGE BONOMY: Thank you very much. And for the Defence.

MR. OSTOJIC: Good afternoon, Your Honour. My name is John Ostojic, and I'm here on behalf of Mr. Ljubisa Beara. I'd like to also thank the Court and your staff for accommodating us, and I apologise for what occurred two days ago. Thank you for your accommodation.

JUDGE BONOMY: This was something that was unforeseen, Mr. Ostojic.

MR. OSTOJIC: That's correct, Your Honour, it was.

JUDGE BONOMY: Well, we reached the stage on Tuesday where some indication was given that your client would be in a position to tender pleas today. Is that the case?

MR. OSTOJIC: Yes, it is, Your Honour. ¹⁰

JUDGE BONOMY: Now, he has seen the indictment and discussed it with you.

MR. OSTOJIC: Yes, he has, Your Honour.

JUDGE BONOMY: You're satisfied that he fully understands the terms of the indictment?

MR. OSTOJIC: To some extent I do agree, yes, Your Honour.

JUDGE BONOMY: Well, what do you mean by that?

MR. OSTOJIC: Well, because, quite frankly, I don't know that, with all due respect, any of us can fully understand the indictment, but with that exception, yes.

JUDGE BONOMY: He understands the terms of the allegations which are made against him in the indictment.

MR. OSTOJIC: He does, Your Honour, yes.

JUDGE BONOMY: Now, did you and he require that the indictment should now be read in full here in court?

MR. OSTOJIC: We do not, Your Honour.

JUDGE BONOMY: So you waive that right.

MR. OSTOJIC: Yes, we do, Your Honour.

JUDGE BONOMY: And you do that with your client's full authority.

MR. OSTOJIC: Yes, Your Honour.

JUDGE BONOMY: Very well. What I propose, then, is that the Registrar will read the terms of each specific charge - these are fairly brief - directly to Mr. Beara, and give him the opportunity to indicate whether he pleads guilty or not guilty in respect of each of these charges. ¹¹ Do you approve of that procedure?

MR. OSTOJIC: Yes, I do, Your Honour.

JUDGE BONOMY: Thank you very much. Mr. Beara, could you stand, please. What will now happen is that the terms of each one of the six charges against you will be read to you by the Registrar, and when she has read each one, she will ask you whether you plead guilty or not guilty, and you should answer that question. In fact, it will be a total of seven times, because charge 1 is in two forms, 1A, and the alternative, 1B, and then there follow charges 2 to 6. Now, do you understand the procedure we will follow?

THE ACCUSED: [Interpretation] Yes.

JUDGE BONOMY: Thank you. Madam Registrar, will you now follow that course. Thank you.

THE REGISTRAR: You are charged with count 1A, genocide punishable under Articles 4(3)(a) and 7(1) of the Statute of the Tribunal. How do you plead; guilty or not guilty?

THE ACCUSED: [Interpretation] Not guilty.

THE REGISTRAR: You are charged with count 1B, complicity to commit genocide, punishable under Articles 4(3)(e) and 7(1) of the Statute of the Tribunal. How do you plead; guilty or not guilty?

THE ACCUSED: [Interpretation] Not guilty.

THE REGISTRAR: You are charged with count 2, extermination, a crime against humanity, punishable under Articles 5(b) and 7(1) of the Statute of the Tribunal. How do you plead; guilty or not guilty?

THE ACCUSED: [Interpretation] Not guilty. ¹²

THE REGISTRAR: You are charged with count 3, murder, a crime against humanity, punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal. How do you plead?

THE ACCUSED: [Interpretation] Not guilty.

THE REGISTRAR: You are charged with count 4, murder, a violation of the laws or customs of war, punishable under Articles 3 and 7(1) of the Statute of the Tribunal. How do you plead?

THE ACCUSED: [Interpretation] Not guilty.

THE REGISTRAR: Count 5, persecutions on political, racial and religious grounds, a crime against humanity, including murder, cruel and inhumane treatment, terrorising the civilian population, destruction of personal property, and forcible transfer, punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal. How do you plead?

THE ACCUSED: [Interpretation] Not guilty.

THE REGISTRAR: Count 6, inhumane acts (forcible transfer), a crime against humanity, punishable under Articles 5(i) and 7(1) of the Statute of the Tribunal. How do you plead?

THE ACCUSED: [Interpretation] Not guilty.

JUDGE BONOMY: Thank you, Mr. Beara. You may sit down.

THE ACCUSED: Thank you, Your Honour.

JUDGE BONOMY: In light of the pleas which you have tendered, the Registrar will be instructed to fix a date for your trial in due course. Now, Mr. Ostojic, is there any matter that you wish to raise at this stage?

MR. OSTOJIC: I do not, Your Honour. ^{13BLANK PAGE 14}

JUDGE BONOMY: Thank you very much. In that event, the accused will remain in custody until further order.

Ms. Issa, is there any matter you wish to raise?

MS. ISSA: No. Thank you, Your Honour.

JUDGE BONOMY: Can I take it that disclosure has been made in terms of Rule 66?

MS. ISSA: It has been, yes, Your Honour, and we will continue to make disclosure in this case.

JUDGE BONOMY: Thank you very much. Well, the next formal step in the process which has to be provided for is the first Status Conference. By my calculation, the deadline for holding that Status Conference is the 10th of February. What I propose is to indicate now, and further notice will be given to this effect, that the Status Conference is likely to be held on the 9th of February. Now, if either of you find any difficulty with that, please indicate now. No. Well, in that event, I'll simply fix that as the date for the Status Conference.

Ms. Featherstone, do we need a time for that or will you intimate a time? So it will be the 9th of February, p.m.

So that completes this hearing to take the pleas of Mr. Beara and brings the proceedings to date to a conclusion.

--- Whereupon the Further Appearance adjourned at 3.11 p.m.