Initial Appearance - Kunarac (Part 1/2) - 10 March 1998





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Uploaded on Feb 3, 2012

For more information: http://www.icty.org/cases/party/712/4

On Friday 13 March 1998 the Initial Appearance hearing in the case Prosecutor v. Dragoljub Kunarac, which had been adjourned on 9 and 10 March 1998, was concluded before Trial Chamber II (Judge Cassese, presiding, Judges May and Mumba).

On Monday 9 March 1998 the accused had pleaded guilty to count 41 of the Indictment, charging him with rape as a Crime against Humanity.

On 13 March, as provided by Rule 62 bis (see below) the Trial Chamber questioned the defendant in order to satisfy itself that the plea was, inter alia, not equivocal. The Trial Chamber found that the accused did not intend to plead guilty to the same and all the factual allegations set out by the Prosecutor in the Indictment. Furthermore, the Trial Chamber found that the accused did not perceive his criminal conduct to be part of a widespread or systematic attack against the Muslim population of Foca on discriminatory grounds, which is a legal requirement of a Crime against Humanity.

As a consequence, the Trial Chamber entered a not-guilty plea on behalf of the defendant.

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