Page 1
Tuesday, 3 July 2001
[Initial Appearance]
[Open session]
[The accused entered court]
--- Upon commencing at 10.02 a.m.
JUDGE MAY: Yes. Let the registrar call the case.
THE REGISTRAR: Good morning, Your Honours. Case number IT-99-37-I, the Prosecutor versus Slobodan Milosevic.
JUDGE MAY: The appearances.
MS. DEL PONTE: Yes, good morning, Your Honours, Carla Del Ponte, Chief Prosecutor, appearing for the Prosecution. Assisting me, my Senior Trial Attorney, Dirk Ryneveld, along with Cristina Romano, Milbert Shin, and Daniel Saxon. Thank you, Your Honour.
JUDGE MAY: This is the Initial Appearance of the accused in this case upon his transfer to the Tribunal. The hearing is to be conducted in accordance with the Rules of Procedure and Evidence of the Tribunal, Rule 62.
Mr. Milosevic, I see that you're not represented by counsel today. We understand that this is of your own choice. You do have the right, of course, to defend yourself. You also have a right to counsel, and you should consider carefully whether it's in your own best interests not to be represented. These proceedings will be long and complex and you may wish to reconsider the position.
In these circumstances, if you wish to have time to consider whether you want to have counsel or not, we would be prepared to give it 2 to you. Now, do you want some time to consider now whether you wish to be represented?
THE ACCUSED: I consider this Tribunal a false Tribunal and the indictment a false indictment. It is illegal being not appointed by the UN General Assembly, so I have no need to appoint counsel to illegal organ.
JUDGE MAY: Mr. Milosevic, in due course, you will have the chance to put in motions challenging the jurisdiction or any other preliminary matters which you wish to do. We take it that you wish to proceed without counsel, although it's a matter which you may wish to reconsider in due course. This Initial Appearance is simply to deal with these matters; first of all, the indictment itself and, secondly, for you, if you wish, to enter your pleas of guilty or not guilty to it. The first matter is the indictment. As you may know, you have the right to have the indictment read out now in court before you plead to it. This is a right which you may also waive. Now, do you want to have the indictment read out or not?
THE ACCUSED: That's your problem.
JUDGE MAY: Mr. Milosevic, you are now before this Tribunal and you are within the jurisdiction of it. You will be tried by the Tribunal. You will be accorded the full rights of the accused according to international law and the full protections of international law and the Statute.
THE ACCUSED: [Interpretation] Mr. President --
JUDGE MAY: Just one moment, please. 3 BLANK PAGE 4
[Trial Chamber confers]
JUDGE MAY: The Trial Chamber will treat your response as a waiver of your right to have the indictment read out.
The next part of the procedure is to move towards having that indictment put to you. Mr. Milosevic, you may, if you wish, have time to consider your plea. The Rule allows you up to 30 days to do so, if you don't understand the matters of which to plead or you wish to consult counsel before entering a plea. On the other hand, you may enter a plea today.
Now, do you want to enter pleas today or are you asking for an adjournment to consider the matter further?
THE ACCUSED: [Interpretation] This trial's aim is to produce false justification for the war crimes of NATO committed in Yugoslavia.
JUDGE MAY: Mr. Milosevic, I asked you a question. Do you wish to enter your pleas today or are you asking for an adjournment to consider the matter further?
THE ACCUSED: [Interpretation] I have given you my answer. Furthermore, this so-called Tribunal ...
[Trial Chamber confers]
JUDGE MAY: The Rules state that if an accused fails to enter a plea, then the Trial Chamber shall enter a plea of not guilty on his behalf. Mr. Milosevic, we treat your response as a failure to enter a plea, and we shall enter pleas of not guilty on each count on your behalf.
THE ACCUSED: [Interpretation] As I have said, the aim of this Tribunal is to justify the crimes committed in Yugoslavia. That is why 5 this is a false Tribunal --
JUDGE MAY: Mr. Milosevic, this is not --
THE ACCUSED: [Interpretation] -- an illegitimate one.
THE INTERPRETER: I'm sorry, the microphone is not on.
JUDGE MAY: Mr. Milosevic, this is not the time for speeches. As I have said, you will have full opportunity in due course to defend yourself and to make your defence before the Tribunal. This is not the moment to do so.
This matter is now adjourned. The next hearing will be a Status Conference which will take place the week commencing the 27th of August, unless the Trial Chamber orders an earlier hearing. The matter is now adjourned.
--- Whereupon the Initial Appearance adjourned at 10.13 a.m.