Page 12669
1 Thursday, 11 March 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.03 a.m.
5 [The witness takes the stand]
6 JUDGE PARKER: Good morning. The affirmation you made to tell
7 the truth still applies. If you could sit down, please.
8 THE WITNESS: [Interpretation] Thank you.
9 JUDGE PARKER: Mr. Djurdjic.
10 MR. DJURDJIC: [Interpretation] Thank you, Your Honour.
11 WITNESS: RADOMIR MITIC [Resumed]
12 [Witness answered through interpreter]
13 Examination by Mr. Djurdjic: [Continued]
14 Q. [Interpretation] Good morning.
15 A. Good morning.
16 Q. Could you please tell us what the security situation was like in
17 the territory of the Urosevac SUP towards the end of 1998 and the
18 beginning of 1999?
19 A. The security situation in the territory of the SUP of Urosevac at
20 the end of 1998 and the beginning of 1999 was exceptionally complex and
21 exceptionally difficult.
22 Q. Thank you. How come it was so complex?
23 A. It was reflected in the fact that attacks were intensified
24 against members of the army and police and that more and more people of
25 all ethnic backgrounds were being kidnapped. Also, Albanian terrorists
Page 12670
1 had consolidated their ranks; and their strongholds, bunkers, et cetera,
2 became even stronger. They intensified their training in Albania, all of
3 our intelligence pointed to that. Also, they brought in weapons
4 illegally from the territory of Albania
5 difficult in that period of time.
6 Q. Thank you.
7 MR. DJURDJIC: [Interpretation] Could we please have on our
8 screens D133.
9 Q. Tab 30 in your binder. Witness, what is this document and who
10 was it sent to?
11 A. This is a report sent to the MUP staff for Kosovo and Metohija,
12 and it is sent to Colonel Mijatovic, Pristina.
13 Q. The date is the 18th of November, 1998. Could you please tell me
14 who signed the document?
15 A. Yes, that was the date, and I signed the document.
16 Q. It says here for the chief of the secretariat?
17 A. Yes.
18 Q. Please give me your comment with regard to the first paragraph of
19 this document.
20 A. It has to do with something that happened on the
21 17th of November, 1998. Mr. Sali Emini, from the village of Racak
22 to report a case. The ten uniformed members of the so-called KLA had
23 come to the village of Racak
24 because a greater number of them wanted to move into it. The uniformed
25 members of the so-called KLA came to the village at about 1100 hours and
Page 12671
1 the locals immediately moved out of the village in large numbers at about
2 1600 hours.
3 Q. Since this was on the 15th and the rest on the 17th, did you
4 check this out? Please look at paragraph 3 as well, I'd like to hear
5 your comment.
6 A. After receiving this information and when the citizen complained
7 about the problems they were facing in the village, the chief secretariat
8 sent a patrol, a large one, to the village of Racak
9 Q. So was that information confirmed, that the KLA was present in
10 Racak?
11 A. Yes. Yes, there had been a terrorist attack, and I have an
12 excellent recollection of what happened. The vehicle was damaged, and
13 the policemen were not seriously wounded. Lecic, their commander, was
14 with them too. It was only the vehicle that was damaged.
15 MR. DJURDJIC: [Interpretation] D008-5606, could we have that,
16 please.
17 Q. Tab 31 in your binder. This is a document dated the
18 27th of December, 1998. It's from the OKP. Did you receive information
19 about such documents and their content?
20 A. I am aware of this document. I see that it was submitted by
21 Jasovic, Dragan Jasovic and Momcilo Sparavalo. On the basis of all the
22 knowledge that they had and on the basis of the notes written up by the
23 policemen and that we forward to them, so on the basis of all that
24 information, they wrote this up. And the chief of SUP briefed us about
25 this at the regular morning meeting. He made us aware of all the
Page 12672
1 details.
2 Q. Thank you. I would just be interested in the last paragraph on
3 page 1, if you can see it?
4 A. Yes. Intelligence indicates that every day members of the
5 so-called KLA from the villages of Kosare, municipality of Urosevac
6 sorry, actually, Jezerce, Malopoljce, and Petrovo come to Dramnjak and to
7 Kosare to launch terrorist attacks.
8 Q. Thank you. Where is Kosare? On which road?
9 A. The village of Kosare
10 Stimlje, roughly around the middle of that road. Slivovo and Kosare are
11 very close to one another.
12 Q. Thank you. You had an observation post in Crnoljevo; on which
13 road is that?
14 A. These are observation posts in Crnoljevo on the
15 Stimlje-Suva Reka-Prizren section of the road.
16 Q. Thank you. This intelligence that you received about Kosare,
17 when did that actually become a topical matter?
18 A. The situation regarding Kosare was such that the police were
19 attacked. I can't remember the exact date. I think it was mid-January.
20 A policemen --
21 Q. Yes, yes, we'll get to that. But this is the
22 27th of December, 1998, the document that we are looking at now.
23 A. Would you please repeat your question again?
24 Q. It says here in this document that there are more and more
25 attacks against Kosare and Slivovo and you explained to us which road
Page 12673
1 that is, however, since when had such things been noticed, that is to
2 say, KLA attacks?
3 A. To the best of my understanding, there was already information by
4 the time this document was written. So in that period the situation
5 became increasingly complicated.
6 Q. Is that the period when the KVM was present?
7 A. Yes.
8 Q. Thank you.
9 MR. DJURDJIC: [Interpretation] Could we now please have D138.
10 And could this document please be admitted into evidence. Could we just
11 have a look at the end of the document, please. Could the document
12 please be admitted.
13 JUDGE PARKER: It will be received.
14 THE REGISTRAR: Your Honours, that will be Exhibit D00827.
15 MR. DJURDJIC: [Interpretation] Could we please have D138. Page 2
16 of the document.
17 Q. It is tab 32 in your binder. This is a criminal report about
18 something that happened on the 10th of January, 1999, OKP Urosevac. Can
19 you just tell us what you know about what happened on the
20 10th of January, 1999?
21 A. Yes. I mentioned it a moment ago, and I know what the date is.
22 The 10th of January, in the morning, Nenad Mitrovic, deputy commander,
23 policemen Svetislav Przic and Miroslav Zivic, as far as I can remember.
24 Yes, yes, here he is. They set out from Stimlje to Urosevac. And in the
25 area of the village of Slivovo
Page 12674
1 were fired at from automatic weapons from the Muslim cemetery. That is
2 to say that the terrorists were within the Muslim cemetery and opened
3 fire from there and seriously wounded Svetislav Przic.
4 Q. Thank you.
5 MR. DJURDJIC: [Interpretation] Could we now please have D139.
6 Q. Tab 33. This is a report on contact with members of the
7 OSCE Mission
8 you receive this report?
9 A. Yes. This report was written by Lieutenant Sasa Draskovic. I
10 received that report and sent it to the analysis people.
11 Q. Do you know whether the KVM verified this event and whether they
12 did something about it?
13 A. Members of the OSCE Mission registered this event, however, they
14 did nothing on account of it. They didn't help me at all -- they didn't
15 help us at all with regard to throwing more light on what happened.
16 THE INTERPRETER: Interpreter's note: Could the number please be
17 repeated.
18 MR. DJURDJIC: [Interpretation] D009-0931.
19 Q. It is tab 34 in your binder. This is a survey of activities in
20 the Urosevac SUP
21 us who it was sent to?
22 A. This survey on developments and activities was sent to the
23 MUP staff for Kosovo-Metohija.
24 Q. Thank you. I see that someone signed on behalf of the chief, was
25 it maybe you?
Page 12675
1 A. No, I think that this is the signature of Branko Debeljkovic,
2 head of the crime police department.
3 Q. Thank you. I'm interested in the third paragraph of this report.
4 Was that one of the things that members of your police department were
5 supposed to do?
6 A. If I understand you correctly, you are asking me about
7 paragraph 3?
8 Q. Concerning information --
9 A. Yes, yes. Yes. This is police work. Persons were brought in to
10 be interviewed. So members of the police, they bring in persons, they
11 write up a report, and they hand them over to OKP employees for further
12 processing.
13 Q. Thank you. And in the one but last paragraph, we see the answer
14 of the person who talked to the verifiers?
15 A. Yes.
16 Q. So between the 10th and 12th, what was it that the representative
17 of the police told the verifiers?
18 A. The member -- or rather, the representative of the police told
19 the verifiers that the persons who had been brought in were released
20 after they were interviewed.
21 Q. Thank you. Did you ever receive any report from the verifiers,
22 from the sites where they went to verify particular matters?
23 A. No, never in writing. Perhaps they explained a few things
24 orally.
25 Q. Thank you.
Page 12676
1 MR. DJURDJIC: [Interpretation] Could this document please be
2 admitted.
3 JUDGE PARKER: Yes.
4 THE REGISTRAR: Your Honours, that will be Exhibit D00828.
5 MR. DJURDJIC: [Interpretation]
6 Q. After all these events from November until mid-January, that is,
7 from mid-November 1998 until mid-January 1999, did the SUP of Urosevac
8 take any action with regard to countering the activity of the terrorist
9 groups in the territory?
10 A. Yes. The Urosevac SUP
11 based on all facts and circumstances, including the operative
12 intelligence that we had at the time, compiled a proposal to the MUP
13 staff for Kosovo and Metohija to arrest terrorists, the terrorists who
14 had committed the crimes I mentioned. The wounding of Przic, the
15 kidnapping of other persons, et cetera. As we had intelligence to the
16 effect that they were -- they were in -- around the villages of Racak,
17 Petrovac, and Malopoljce, the secretariat drafted a proposal. The
18 content of the proposal was to make a security assessment, to put
19 everything on paper, and everything was forwarded to the staff.
20 Q. Thank you. Do you know how the staff reacted to that proposal?
21 A. Based on that proposal of the chief of the secretariat, the staff
22 made a plan to apprehend the terrorist group that had committed the
23 crimes.
24 Q. Thank you. Do you know who took part in the apprehension of
25 terrorists in the village of Racak
Page 12677
1 A. Yes, I do. For the simple fact that, as far as I know, one day
2 before the operation was launched, we had a briefing with the chief of
3 the secretariat in his office. He briefed us there.
4 Q. Can you tell us who was present and what he briefed you about?
5 A. There was the chief who chaired the meeting, the chief of the
6 secretariat that is. Then there was Goran Radosavljevic, aka Guri; I was
7 there; Milan Lecic; and Jelic, Krzman Jelic, the commander of the the
8 barracks of the 143rd [as interpreted] Intervention Brigade was invited
9 to join us later.
10 Q. Thank you. And what did the chief say at that meeting?
11 A. The chief didn't explain the plan to us, he didn't acquaint us
12 with it; he just told us briefly that the arrest would be carried out on
13 the 15th. But he didn't mention any details of the plan. He merely said
14 that the operation would be led by Goran Radosavljevic whose nickname was
15 Guri. I believe that he was a major at the time.
16 Q. Thank you. And what about Colonel Jelic, he was also at the
17 meeting. Did he take part in the the discussion, and was there anything
18 special with regard to his presence?
19 A. Colonel Jelic was present at the meeting, but he didn't comment.
20 He just received information for the sake of his men to avoid unwanted
21 consequences in the field. He was the commander of the territorial unit,
22 and it was desirable that he be informed of the activities of the police.
23 Q. Thank you. As far as you know, did the military participate in
24 the arrest of the terrorists?
25 A. No, it was a classical police operation, the -- I mean, the
Page 12678
1 apprehension of the terrorists.
2 Q. Thank you. Were you in Racak when the operation was carried out?
3 A. No, I wasn't there. I was at Stimlje. On the 14th, at that
4 meeting, the chief of the secretariat gave me instructions to be ready on
5 the following morning at 6.00. I remember the hour, it was 6.00 a.m.
6 And the two of us were supposed to go to Stimlje.
7 Q. Thank you. So did you meet up with him? Did you go to Stimlje?
8 A. Yes. We met at that time. And after 10 or 15 minutes having
9 picked up our personal things, we set out for Stimlje.
10 Q. Thank you. Was the passage to Stimlje safe?
11 A. The passage was not safe. The traffic police had set up a
12 check-point in the area of Kosare, and during the operation they didn't
13 allow vehicles to pass.
14 Q. And did you pass though?
15 A. I remember that we did. When the chief of the SUP overtook some
16 vehicles and we reached the traffic police control, they told him, Chief,
17 we have orders to block any passage until further notice. And he
18 replied, Yes, it is blocked for everybody else but not for me. And then
19 they saluted him and we moved on.
20 Q. You say that you went to Stimlje. Where exactly in Stimlje?
21 A. We went right to the police station in Stimlje.
22 Q. What did you do at the police station, where were you, what took
23 place there?
24 A. At the police station in Stimlje, I can't quite remember how long
25 we stayed there, but we left Urosevac around 6.15, 6.20. We took some
Page 12679
1 time to get to Stimlje. And we went to the office of the commander of
2 the police station.
3 Q. Was the commander present?
4 A. No. The commander with a company of active-duty and reserve
5 policemen had to go to Crnoljevo and change shifts because there was a
6 check-point for securing the road.
7 Q. Did anybody receive you at the Stimlje police station?
8 A. Yes, as far as I remember, there was assistant commander
9 Zoran Djordjevic.
10 Q. Thank you. Where is the office of the commander of the
11 Stimlje police station?
12 A. The office of the commander is upstairs. So you climb the
13 stairs, go right, you walk through the office of the deputy commander and
14 the assistant commander, and then you turn left and enter the commander's
15 office.
16 JUDGE PARKER: Mr. Stamp.
17 MR. STAMP: Before my friend goes on, I see where he is leading
18 to and I think the time -- well, it's hard to find an appropriate time,
19 but I have to place on record the objection of the Prosecution in respect
20 to leading evidence about the events that occurred in the office of the
21 command of the Stimlje police station from this witness for the simple
22 reason that it is not mentioned in the 65 ter summary for the witness,
23 yet it is one of the live issues in the case, and a matter which ought to
24 have been addressed.
25 This issue was not mentioned in the 65 ter summary of the
Page 12680
1 previous witness, and I did not object to it being led. But upon
2 advisement, I have been advised that the Prosecution ought to put on
3 record its objection to the leading of important evidence on
4 controversial matters that are specifically alleged in the the indictment
5 and the pre-trial brief when it is not placed in the 65 ter summary of
6 the witness.
7 I did not object to the previous one because although the
8 Prosecution was prejudiced, we were able to deal with it. The situation
9 is similar in this case, there is prejudice, but I think we can deal with
10 it and therefore I ask for no sanction. But I have been advised that it
11 is proper that I place it on record that leading this evidence is
12 contrary to the rules and is also flouting the orders of the Court made
13 in October or November last year. Thank you.
14 JUDGE PARKER: Mr. Djurdjic.
15 MR. DJURDJIC: [Interpretation] Thank you. I know that in the
16 summary for this witness it was stated that he would give evidence about
17 the events in Racak and about his knowledge concerning that. The topic
18 was tackled by the Prosecution first. The Prosecution put forward
19 evidence about this and therefore the Defence decided to have witnesses
20 give evidence about this too. For this witness, it was stated that he
21 would give evidence about the events in Racak because he was there and we
22 will hear what he knows now.
23 JUDGE PARKER: The point at the moment is that you are dealing
24 with events at Stimlje. They may be connected to Racak, but there is no
25 indication in the summary that the witness will deal with events in
Page 12681
1 Stimlje and there has apparently been no additional notice to that
2 contained in the Rule 65 ter notice. So that's the point that you should
3 comment on.
4 MR. DJURDJIC: [Interpretation] Your Honours, the witness will
5 tell us how he got information about Racak. He is telling us where he
6 was, what he did, and how he got the information. It is not my
7 understanding that the pre-trial brief should include all facts about
8 which the witness would give evidence. We didn't have witness statements
9 yet, but we gave a broader framework of the contents of their evidence
10 instead.
11 JUDGE PARKER: The rule requires that you give a summary of the
12 facts on which each witness will testify.
13 MR. DJURDJIC: [Interpretation] We considered that his knowledge
14 about Racak is the framework, and that is included in the summary rather
15 than exactly what he knew and how he found out and the like.
16 JUDGE PARKER: Your position is that you considered you were
17 complying with the rules by the summary that's been given, is that what
18 you're saying? I have to make it clear again as I hope I made it clear
19 yesterday, we do not agree. The summary avoids summarising the evidence
20 of the witness about this material event and perhaps others. As I
21 commented yesterday, if this is an isolated matter, we can more readily
22 overlook it, but if it becomes a pattern, we will not be able to.
23 Remedies available to the Chamber include, at the least, allowing
24 the Prosecution a delay to prepare to deal in cross-examination with the
25 matter, and that will often mean that the witness has to wait here in
Page 12682
1 The Hague
2 matter, we can refuse to hear the evidence at all.
3 Now, you can thank at the moment Mr. Stamp for making it clear
4 that on this occasion the Prosecution can overcome the problem because we
5 are reaching the point with the summaries, as I put to Mr. Popovic
6 yesterday, that there is almost an apparent pattern of avoidance of the
7 material evidence of the witness in what is provided under Rule 65 ter.
8 I did yesterday say to Mr. Popovic that there should -- when I
9 say yesterday, it may have been the day before - I made it clear that
10 your summaries should be reviewed. And if there are matters that are
11 material in the case which are not adequately summarised, supplementary
12 notice to the Prosecution should be given immediately so that we don't
13 constantly encounter this problem. Because of the position taken by
14 Mr. Stamp, carry on, but be very firmly on notice, Mr. Djurdjic, that we
15 are concerned that there has been a significant failure in these
16 Rule 65 ter notices to give the Prosecution notice of material facts that
17 will be led from the witness. Thank you.
18 MR. DJURDJIC: [Interpretation] Thank you, Your Honours. If we
19 notice that the summaries of future witnesses are not in line with your
20 instructions, we will submit more detailed summaries of the evidence of
21 the witnesses to be called in the future.
22 JUDGE PARKER: Thank you.
23 MR. DJURDJIC: [Interpretation]
24 Q. Witness, you said that you went to the office of the station
25 commander, you and the chief of the SUP
Page 12683
1 activities were while you were at the Stimlje police station?
2 A. This is the way it was: I and the chief of the secretariat were
3 there. He had radio communications by which he followed what was
4 happening in Racak, and from time to time he reported to the staff.
5 Q. Thank you. Could you establish contact with the units that were
6 carrying out the operation in Racak, or could you communicate with the
7 staff?
8 A. No, I did not have such communication. I had the regular
9 communication. I always had the regular channels by which I could
10 monitor the activities of police stations in the territory of the
11 secretariat.
12 Q. Thank you. During the day, can you tell me how the situation
13 developed to the best of your knowledge concerning the operation in Racak
14 and how you learned about that?
15 A. In view of the fact that the police station of Stimlje is not
16 very far away from Racak, it's a few kilometres away, say up to
17 3 kilometres away as the crow flies, perhaps not even that far away as
18 the crow flies, from the point when we arrived we heard sporadic
19 gun-fire, and later on it became more and more intensive, and there was
20 fighting practically all day long.
21 Q. Thank you. Tell me, as you were learning about this, did you
22 hear of casualties during the fighting?
23 A. There was no detailed information. There was information from
24 time to time to the effect that there was fighting and that there were
25 fatalities. That is what I heard via the radio transmitter that the SUP
Page 12684
1 chief had.
2 Q. Thank you. Once you had this information, were any measures
3 taken?
4 A. Well, in view of the situation and in view of the fact that there
5 were fatalities, the SUP
6 service to establish an on-site investigation team. That is to say, to
7 make the investigative judge, the public prosecutor, and the crime
8 technicians aware of what was happening, namely, that they should be
9 prepared and that they should go to Stimlje in order to carry out an
10 investigation on site.
11 Q. The crime technicians, did they arrive in Stimlje during the
12 course of the day?
13 A. I cannot say that with any certainty, but I think that the team,
14 the forensic team, did arrive during the course of the morning at the
15 premises of the duty service of the police station or the buildings right
16 next door. That is to say, in the same compound there are other
17 buildings and offices, and I think that they sat there and waited.
18 Q. How did the situation develop further while you were at the
19 Stimlje police station?
20 A. To the best of my recollection, we were following the situation
21 up until the afternoon. Fighting went on practically until night-time.
22 It was in January, and night falls early in our part of the world. I
23 remember that at one point in time, Goran Radosavljevic decided that the
24 OPG that he headed withdraw from the place where the blockade was. As
25 far as I know and from what I heard from the chief, they were above Racak
Page 12685
1 when they withdrew, and the reason why they withdrew was that there were
2 fierce attacks coming from all sides. So it was quite impossible for the
3 PJP company from Urosevac to remain in that location.
4 Q. Thank you. You told us that you informed the Urosevac SUP that
5 they should inform the investigating judge and the team that they should
6 come to Stimlje. Did the team come; and if so, when?
7 A. Yes, I remember that investigating judge Danica Marinkovic was
8 there and to the best of my recollection, Mr. Ismet Sufta was there too,
9 he was either the public prosecutor or the deputy district public
10 prosecutor.
11 Q. Thank you. Where was it that they arrived in Stimlje, if you
12 know?
13 A. They came to the commander's office; that's where they were in
14 contact with the chief of the secretariat. And the chief of the
15 secretariat, after that, told them at one moment, that is to say, before
16 the forces withdrew, while it was still more peaceful, that conditions
17 had been created for them to go and carry out an on-site investigation,
18 that is to say, the investigating judge and the public prosecutor along
19 with the team.
20 Q. The investigating judge and the deputy district public
21 prosecutor, did they actually go to carry out an investigation in Racak?
22 A. Yes, they set out. I didn't leave my office actually. I know
23 that they went there and we heard via radio that an attack had been
24 launched and that it wasn't safe for them even to start the on-site
25 investigation, so they had to return yet again.
Page 12686
1 Q. Thank you. Do you know whether the investigating judge and the
2 team were in Racak, and was it from Racak that they returned under these
3 circumstances when the KLA attacked, as you told us?
4 A. Yes, yes. They had already entered Racak, but there was strong
5 gun-fire and therefore they could not stay there. So the investigating
6 judge decided to go back, and once conditions were created again, the
7 on-site investigation could be carried out.
8 Q. Thank you. Do you know whether any weapons were found in the
9 village of Racak while the investigating judge and the team were there?
10 A. I cannot confirm exactly whether it was at that time when the
11 Judge was there, but I know that part of the weapons were brought to the
12 police station in Urosevac.
13 Q. Thank you. Do you know which weapons were brought on the
14 15th of January in the Urosevac SUP?
15 A. I'm not sure exactly. But as far as I can remember, a
16 12.7 millimetre Browning. I know that was found for sure. Then a
17 7.9 millimetre submachine-gun and several rifles. Believe me, I don't
18 know the exact number.
19 Q. Thank you. How long did you stay in Stimlje on the
20 15th of January, 1999?
21 A. We stayed until dusk roughly, but by then we found out that in
22 Kosare, in the area of Kosare, the army and the police were attacked
23 again, or, rather, innocent citizens who were passing down that road too.
24 The chief, his driver, and I drove around that road and then we went via
25 Lipljan to Urosevac.
Page 12687
1 Q. Thank you. On the 16th and 17th of January, did you have any
2 information as to what was going on in Racak, and where were you?
3 A. On the 16th and 17th I was not in Stimlje. I stayed at my own
4 place of work in Urosevac, but I remember that yet again an attempt was
5 made to carry out the on-site investigation. During those days, those
6 two days, it was impossible to enter Racak because the Albanian
7 terrorists opened gun-fire.
8 Q. Could you please tell us what happened afterwards at the
9 Urosevac SUP
10 A. I don't understand your question. On what day?
11 Q. You said that on the 16th and 17th you were not at the Urosevac
12 SUP
13 best of your knowledge, and I'm asking you what happened next at the
14 Urosevac SUP
15 A. What I know is that the team went in order to carry out an
16 on-site investigation, but they didn't manage to do it. However,
17 Mr. Walker pointed out in the media in advance that what had happened was
18 a massacre, and great attention was being devoted to that problem by the
19 state leadership, with the very top leadership, and all of us, of course.
20 Q. Did you have any knowledge on the 16th and 17th to the effect
21 that there had been a massacre in Racak?
22 A. No, no massacre whatsoever. Our knowledge was as follows: There
23 was fighting going on and there were fatalities. To the best of our
24 knowledge it was terrorists who got killed.
25 Q. Thank you. Do you know what the further activities were, how
Page 12688
1 things developed after that?
2 A. I am not aware of the details. What I remember is that an
3 attempt was made to carry out an on-site investigation and that that did
4 not succeed either on the 16th or the 17th. Believe me, I don't remember
5 any details.
6 Q. So what was done about it in view of the fact that on-site
7 investigations could not be carried out during those two days?
8 A. Since it was impossible to carry out an on-site investigation,
9 the chief of the secretariat - I don't remember who else was there in
10 addition to myself. Actually, I think that Branislav Debeljkovic was
11 there too, but I can't remember. He was the head of the crime police
12 department. And we were informed that the staff planned to carry out a
13 de-blockade, or rather, to make it possible to create conditions to carry
14 out an on-site investigation in Racak and that on the following day an
15 action would be conducted with regard to that matter.
16 Q. Thank you. Do you know when the de-blockade of Racak was carried
17 out?
18 A. As far as I can remember, it was in the morning hours. I cannot
19 confirm this exactly. I know that the PJP company from Urosevac took
20 part in all of that. Now, whether the OPG was there or some other
21 company of the PJP, I really cannot say. However, it started in the
22 morning. Once again, I went to Stimlje with the chief of SUP on the
23 18th, sometime in the morning. I cannot be very specific, but I think it
24 was around 8.00.
25 Q. Thank you. So what happened? Where were you at the police
Page 12689
1 station?
2 A. In the police station yet again we were in the office of the
3 commander of the police station. That is where we followed how the
4 situation developed.
5 Q. Can you tell us how the situation developed while you were there
6 at the Stimlje police station?
7 A. This is how the situation developed on that day: Sporadic
8 gun-fire was heard, that is to say, there was fighting going on up until
9 midday
10 control was supposed to be established over Racak. I know that
11 Danica Marinkovic, the investigative judge, came; then Dragomir Zivic,
12 the deputy district public prosecutor; and I think that Sasa Dobricanin
13 was there, pathologist -- or I don't know exactly what his function is.
14 Q. This on-site investigation team, or rather, the investigating
15 judge came to carry out an on-site investigation in Racak. Did the
16 on-site investigation actually take place? If so, when, and what
17 happened?
18 A. They arrived around midday
19 and I were in the office. And the team then talked to the chief, and the
20 chief explained that conditions had not been created yet for them to go
21 out to carry out the on-site investigation. While we were sitting in the
22 office say for 10 or 15 or 20 minutes, I cannot be more specific than
23 that, General Djordjevic came at that moment and he was there in the
24 office with us.
25 Q. Can you tell us what happened then?
Page 12690
1 A. Well, you see, the chief of the secretariat briefly informed
2 General Djordjevic about the situation concerning the de-blockade of
3 Racak, or rather, creating conditions for the on-site investigation.
4 Again, I don't know exactly how much time had gone by, maybe it was half
5 an hour, but the chief received a report. It's not that he personally
6 received a report and it's not that he was in constant contact with them,
7 but he heard this. He was following the communications. And at one
8 point, it was said that Racak had been de-blocked and that conditions had
9 been created for carrying out an on-site investigation.
10 After that, the investigating judge got ready, deputy district
11 public prosecutor Zivic too and Sasa Dobricanin, the pathologist; they
12 got ready to conduct the on-site investigation. As far as I can
13 remember, the assistant commander walked in, Zoran Djordjevic, and then
14 the chief suggested to him that he should ensure a team to provide
15 security, or rather, to prepare a group of policemen who would be the
16 security detail for the on-site investigation team. As far as I can
17 remember, General Djordjevic suggested to the chief of the secretariat to
18 have one of the more senior police officers go along. And then the chief
19 ordered me to go.
20 He conveyed that to Djordjevic, assistant commander Djordjevic.
21 He said, Get the people there and Mitic will go with the team for on-site
22 investigation. That's the way it was roughly.
23 Q. Thank you. Could you tell me whether it is customary when an
24 investigating judge comes and the entire team, is it usual practice for
25 them to be escorted by a team that would accompany them, and is it usual
Page 12691
1 that a police officer should come from the area where the investigating
2 judge is coming to?
3 A. Whenever an on-site investigation is to be carried out, police
4 must be present to secure the location. At that time, due to the
5 particular circumstances, I was ordered to go and take the team to Racak.
6 Q. Did the forensic team of the Urosevac SUP go to the on-site
7 investigation on the 18th of January, 1999, in Racak?
8 A. Yes, I remember exactly all those people. Actually, I had worked
9 with them in the secretariat. There was a chief of the division for
10 combatting general crime, Rade Radovic; then Srecko Dogandzic, and
11 Dragan Dabic, police officers, were there; and forensic technicians,
12 Sasa Bozanic, and I believe the other was Sasa Andric.
13 Q. You went to Racak with the investigative judge. Please tell us
14 what was done once you got there.
15 A. When we left for Racak which was soon after noon, we were in
16 several vehicles. And I remember getting to the centre of the village
17 where the investigative judge was stopped by police officer - I don't
18 know who it was; there were two or three of them - and informed the judge
19 that the bodies were in the mosque of Racak village.
20 Q. And what happened then?
21 A. The investigative judge and the team did their part of the work
22 in the mosque. They took photographs of the bodies. They did everything
23 they were supposed to do. And I must add that the OSCE Mission was also
24 present. Because until the end of the on-site investigation, the
25 OSCE Mission representatives were there. As far as I remember, there
Page 12692
1 were three men and an Albanian girl who acted as an interpreter.
2 Once they were done in the mosque and we were providing security
3 to them, the investigative judge continued to the centre of the village,
4 that is, to the location of the fighting. As far as I remember, lots of
5 documents were found in the house, some pieces of uniforms, some pieces
6 of weapons, and then we proceeded. I believe that there was also a
7 bakery to bake bread for the terrorists. And there were some other
8 facilities, food storages, and others. And then we went to the trenches
9 that the Albanian terrorists had dug above the village. All around the
10 village on the hill-side there were trenches, bunkers, and the like.
11 Q. When and how was the on-site investigation completed, and what
12 happened?
13 A. I remember that it was getting dark when the on-site
14 investigation was being completed; I don't remember the exact hour. But
15 throughout the time we were there, there was sporadic gun-fire. Bullets
16 were flying. But in spite of that, the team completed their work. And
17 on our way back, the on-site investigation team was driven by police
18 officer. There was Danica Marinkovic, there was Dragomir Zivic, and the
19 pathologist Sasa Dobricanin. They were in the vehicle that was right in
20 front of mine. At one moment in time, we were being targeted, whether
21 from a mortar or a hand-held rocket launcher, I'm in the sure, but there
22 was a huge cloud of dust at one moment. And although the vehicle in
23 which there was the judge and some other people was armoured, still a
24 window pane cracked, but nobody got hurt.
25 Q. Did the KLA attack some buildings in Stimlje?
Page 12693
1 A. I remember that on the 17th there was an attack on the special
2 institute in Stimlje. A building in Stimlje was attacked.
3 Q. Thank you. What did you do after the on-site investigation?
4 A. Once everything had been completed, as far as I remember, we
5 returned to Urosevac.
6 MR. DJURDJIC: [Interpretation] Can we please see D150 now, and
7 that is tab 37 in your binder.
8 Q. But before we start dealing with the document itself, let me ask
9 you, sir, whether you know that -- know of any kidnappings during the
10 burial of the persons killed in Racak; and if so, how did you learn about
11 that?
12 A. Yes, a significant number of persons of Albanian ethnicity were
13 kidnapped. They had come to the burial and there was a crowd of people
14 there. There were also armed members of the so-called KLA. They were
15 also present at the burial. I remember that a significant number of
16 people were kidnapped.
17 Q. This is a report of the staff of the MUP from Pristina. Do you
18 know the two persons mentioned in paragraph one as being kidnapped? Who
19 are they, what's their ethnicity, and what do they do, if you can provide
20 that information?
21 A. I remember this case. It's about the Olluri family. These two
22 persons were members of the reserve police forces. It says that
23 Muhamed Olluri, age 28, and Rexhep Olluri, aged about 40, were kidnapped.
24 Q. Thank you. And in the last but one paragraph we see the name
25 Zeqiri Hyseni?
Page 12694
1 A. Yes, Basri Zeqiri from Stimlje reported to the police station
2 that Albanian terrorists had kidnapped his relative Hyseni Zeqiri.
3 Q. Do you know what these people were doing, and what was their
4 attitude towards the authorities?
5 A. I don't understand the question. Which persons?
6 Q. The persons mentioned here. Do you know what they did?
7 A. Well, I couldn't say anything about these persons. But I know
8 that Hysen Olluri and Nazmi Olluri were members of the reserve police
9 forces.
10 Q. Thank you.
11 MR. DJURDJIC: [Interpretation] Can we now please see
12 document D009-0937.
13 Q. That's tab 38 in your binder. It's a report on developments and
14 activities dated 25 January, 1999
15 To who was it sent?
16 A. This report was sent to the staff of the MUP of
17 Kosovo and Metohija in Pristina.
18 Q. Thank you. And let us comment the last paragraph. Apart from
19 the two -- first two paragraphs, tell us what the staff was informed
20 about in the last paragraph.
21 A. Here the staff was informed that in the coming period, that is,
22 on the following day, it was planned to control the territory of the city
23 of Urosevac from 1800 hours to 2400 hours by one department of the PJP.
24 Q. Were accounts of plans for the future an integral part of your
25 reports that you submitted to the staff in Pristina?
Page 12695
1 A. Yes.
2 Q. It says that the squad of the PJP of the MUP would control access
3 to the city. Were these police officers who were performing regular
4 duties in the Urosevac SUP
5 A. Yes. This time around they were, but I don't know why this says
6 that -- well, they are PJP members when they are engaged as such. These
7 patrols were made up of these police officers due to their experience and
8 their physical abilities, and that is why they are called PJP here. But
9 otherwise, they are regular police officers.
10 Q. Are the activities they carry out here part of their regular
11 duties in their organisational unit?
12 A. Yes, they are.
13 MR. DJURDJIC: [Interpretation] I seek to tender this document
14 into evidence.
15 JUDGE PARKER: It will be received.
16 THE REGISTRAR: Your Honours, that will be Exhibit D00829.
17 MR. DJURDJIC: [Interpretation] Can we now please see document
18 009 -- that is D009-0940.
19 Q. It is dated the 29th of January, 1999, and it was sent to the MUP
20 staff for AP KiM. It's a report on developments and activities. We
21 again see some activities that have to do with the KVM. Was it your task
22 to provide security to the KVM, and did you take steps to enable them to
23 carry out the work that they were meant to do under the agreement?
24 A. Yes, certainly. The OSCE Mission had diplomatic status, and we
25 did everything necessary to provide adequate security to them.
Page 12696
1 Q. Did you give them all information available to you that was of
2 interest to them?
3 A. Yes, always. We always provided information upon their request.
4 Q. Thank you.
5 MR. DJURDJIC: [Interpretation] I'd seek to tender this document
6 into evidence.
7 JUDGE PARKER: Yes.
8 THE REGISTRAR: Your Honours, that will be Exhibit D00830.
9 MR. DJURDJIC: [Interpretation] Can we now please see document
10 D009-0912.
11 Q. Tab 40 in your binder, sir. This is a report on developments and
12 activities of the Urosevac SUP
13 sent to the MUP staff. And what I'd like to know is whether you can give
14 us any details about the incident mentioned in paragraph 3.
15 A. You mean on the 31st of January?
16 Q. Yes.
17 A. In the period between 1800 and 2400 hours, the area of the town
18 of Urosevac was checked --
19 Q. No, no, I mean the previous paragraph at about 2145.
20 A. Yes. On the 31st of January, 1999, at about 2145 hours, in the
21 village of Gornje Godance, Stimlje municipality, three masked persons
22 carried out a terrorist attack in the house of Xhevdet Zumeri, born in
23 1970. The attack was -- or rather, automatic weapons were used in the
24 attack, and the following persons sustained serious injuries.
25 Haljilj Boka, born in 1942; Bekim Duljaku, age 12; and Behrije Duljaku,
Page 12697
1 age about 15.
2 Q. Well, don't read any further, but tell us, were you informed of
3 this event?
4 A. Yes, I remember it, but I don't remember all the details.
5 Q. This was sent to the MUP staff in Pristina. Was such a report
6 sent to anybody else?
7 A. I cannot tell, based on this description, but usually in case of
8 such incidents, the operative centre and the crime police administration
9 were usually informed.
10 Q. So it was sent to all these?
11 A. Yes.
12 MR. DJURDJIC: [Interpretation] I seek to tender this document
13 into evidence.
14 JUDGE PARKER: Yes.
15 THE REGISTRAR: Your Honours, that will be Exhibit D00831.
16 MR. DJURDJIC: [Interpretation] Could we please have D009-0947.
17 Q. We now have a survey of developments dated the 4th of February of
18 the Urosevac SUP
19 this occurrence on the 4th of February, 1999, Witness?
20 A. Yes. It is characteristic because I was actually there on the
21 spot.
22 Q. Can you tell us what your personal knowledge is?
23 A. After finding out, if I can put it that way, that the convoy with
24 humanitarian aid had set out in the area of Jezerce and it had to go
25 through the village of Gornje Nerodimlje, the villagers organised
Page 12698
1 themselves, women, children, the elderly, adults, everybody went out into
2 the centre of the road not allowing that humanitarian aid to go to the
3 village of Jezerce.
4 The locals reacted, asking the OSCE Mission to find, first of
5 all, the two citizens from that village who had been kidnapped. As far
6 as I can remember, Sinisa Lukic and Veselin Lazic. I know that village
7 very well; my wife comes from that village. So I was sent by the chief
8 of SUP
9 humanitarian aid to get started because that was the order of the staff
10 anyway.
11 We went there. However, it was simply impossible to intervene
12 under these circumstances because many people had gathered in one place.
13 Finally, they insisted that the locals set up a delegation and inspect
14 that humanitarian aid to make sure that no weapons were being provided to
15 Albanian terrorists. Judging by the reaction of the citizens, there
16 weren't any weapons at the time in the village of Jezerce
17 had been carried out. The members of the OSCE allowed that delegation
18 from the village to inspect the trucks. That's when I cast a cursory
19 glance and I saw that there were beds there, blankets, food, and other
20 supplies.
21 And then we managed to convince the locals. Ultimately we had to
22 cordon off that convoy so that it could go to the village of Jezerce
23 Q. Thank you.
24 MR. DJURDJIC: [Interpretation] Could this be admitted, please.
25 JUDGE PARKER: Yes.
Page 12699
1 THE REGISTRAR: Your Honours, that will be Exhibit D00832.
2 MR. DJURDJIC: [Interpretation] Your Honour, I think it is time
3 for the technical break.
4 JUDGE PARKER: Thank you. We will adjourn now and resume at
5 11.00.
6 [The witness stands down]
7 ---Recess taken at 10.32 a.m.
8 --- On resuming at 11.03 a.m.
9 [The witness takes the stand]
10 JUDGE PARKER: Mr. Djurdjic.
11 MR. DJURDJIC: [Interpretation] Thank you, Your Honour. Could I
12 please have D009-0950. Could we please have it on our screens.
13 Q. Tab 42 for you. This is a survey of incidents, occurrences,
14 activities for the Urosevac SUP
15 it sent to?
16 A. To the MUP staff for KiM in Pristina.
17 Q. Thank you. We see here the incident that you talked about
18 yesterday and a reference to the gratitude expressed by the members of
19 the OSCE Verification Mission
20 it says "they asked," can you see that part of the text, the last four
21 lines? Could you please read it to yourself and explain.
22 THE INTERPRETER: Interpreter's note: We can barely hear the
23 witness. Could both of his microphones be switched on.
24 THE WITNESS: [Interpretation] Humanitarian aid on that day was
25 supposed to go where it was supposed to go.
Page 12700
1 THE INTERPRETER: Interpreter's note: The first part of the
2 answer is missing.
3 MR. DJURDJIC: [Interpretation]
4 Q. We know that, but the question they inquired, et cetera, tell us
5 about that.
6 A. What paragraph?
7 Q. Look at the next paragraph. "They inquired about ..." and then
8 the last four lines.
9 A. Sorry, yes, I see. So when speaking to them, Mr. Jeff, if I
10 remember that was his name, asked us whether they could establish contact
11 with an Albanian family and an ethnic Serb family too, of course, that is
12 to say, locals of the neighbouring Albanian villages, to have contact
13 with them, and they wanted me to accompany them. I accepted gladly, and
14 I remember that after that we went to an Albanian family.
15 Q. Thank you.
16 MR. DJURDJIC: [Interpretation] Could this please be admitted into
17 evidence.
18 JUDGE PARKER: Just a moment, Mr. Djurdjic.
19 Could we go back to the bottom of the previous page in English,
20 please.
21 It will be received.
22 THE REGISTRAR: Your Honours, that will be Exhibit D00833.
23 MR. DJURDJIC: [Interpretation] Could we please have D009-0953.
24 Q. Tab 43 for you. This is an Official Note of the Urosevac SUP
25 dated the 7th of February, 1999. Radomir Mitic and Lecic, Milan
Page 12701
1 it. Can you tell us about this Official Note in more detail? How did
2 the situation develop?
3 A. You see, on the previous agreement reached with the members of
4 the OSCE Mission, with went to the village of Donje Nerodimlje. I see
5 that Lecic and I compiled this note about that. In addition to
6 ourselves, Mr. Jeff and Marijana Cukic from Baranja were there. She was
7 a university student, but she acted as an interpreter there. We went to
8 pay a visit, and that's' when Mr. Jeff spoke to the the members of that
9 family. You can see here what the content of the conversation was. I
10 don't know what else you are interested in.
11 Q. Thank you. I would just like to know how come the interpreter
12 reacted in this way, if you have a look at page 2, the third paragraph on
13 page 2?
14 A. I do not remember that. Mr. Jeff went a bit ahead with
15 Muharem Sejdiju, and I stopped a bit with interpreter and she told me on
16 a one-on-one bases, now I'm going to quote what she said:
17 You don't even need to bother about families like this because he
18 is not interested.
19 I was taken by surprise because I thought that he was interested
20 in hearing from all the people of Kosovo, not literally all the people,
21 but from all the structures of the people there to hear what the
22 situation was like in Kosovo so that he wouldn't only be hearing from we
23 from the police had to say. We don't want to be partial or anything. He
24 was in a position there to hear what the situation was like from the
25 citizens themselves, the locals.
Page 12702
1 Q. Thank you.
2 MR. DJURDJIC: [Interpretation] I'd like to tender this document,
3 please.
4 JUDGE PARKER: It will be received.
5 THE REGISTRAR: Your Honours, that will be Exhibit D00834.
6 MR. DJURDJIC: [Interpretation] D010-0791, please.
7 Q. Tab 44 for you. We have here a report with members of the OSCE.
8 The document is signed by 2nd Lieutenant Radomir Mitic, who is
9 our witness.
10 Could you please tell us a bit more about the interest expressed
11 by the KVM in persons who were brought in for interviews. Did they
12 receive information, did they carry out checks, and was all of this made
13 available to them?
14 A. Yes. As I pointed out previously, the OSCE Mission had all
15 information made available and accessible to them, so in this case as
16 well. I made every effort to familiarise them with all facts and
17 circumstances.
18 Q. Could you please give us your comment concerning what is at the
19 end of this report, special observations or remarks?
20 A. Yes, I remember that. This is exactly what she said to me as I
21 quoted it here:
22 "Good-bye Mr. Mitic, I hope we meet again, unless they bomb you,
23 in which case we will all be moving out already tomorrow."
24 Q. Did draw any conclusions on that basis?
25 A. My situation was that they were abreast of the situation, that
Page 12703
1 they had the situation under control, and that NATO bombing was
2 inevitable.
3 Q. Thank you.
4 MR. DJURDJIC: [Interpretation] Could this please be admitted into
5 evidence.
6 JUDGE PARKER: Yes.
7 THE REGISTRAR: Your Honours, that will be Exhibit D00835.
8 MR. DJURDJIC: [Interpretation] Could we please have 4103. That's
9 from the Prosecutors's 65 ter list. 0413, sorry, I apologise.
10 Q. It's tab 45 for you. This is a dispatch of the Urosevac SUP
11 dated the 20th [as interpreted] of February, 1999. Can you tell us what
12 your comments would be with regard to the incident referred to here, the
13 one that occurred on the 28th of February, 1999?
14 A. Yes, this is a dispatch of the Urosevac SUP sent to the MUP of
15 the Republic of Serbia
16 crime police, the the operation centre, and the police administration in
17 Belgrade
18 Metohija in Pristina.
19 I remember what happened. The chief of the secretariat came to
20 know that a person by the name of Riza Kiki had been kidnapped on that
21 day. And he sent the commander of the police station of Kacanik, and
22 with a group of policemen they were supposed to go to the village of
23 Ivaja or rather, Gajre. Actually, they were sent to Ivaja, but Riza Kiki
24 is from Gajre. Sorry about that. They sent them there to check this
25 information. When they entered the village, terrorists opened fire,
Page 12704
1 heavy fire at that, and the chief of police from Kacanik lost his life
2 and four policemen were seriously wounded.
3 The OSCE Mission
4 notified so that they could follow the police. However, they had refused
5 to come with the police. After the death of the commander and the
6 wounding of these four policemen, they did show up eventually, because I
7 was in Kacanik too.
8 Q. Thank you.
9 MR. DJURDJIC: [Interpretation] I'd like to tender this document,
10 please.
11 JUDGE PARKER: It will be received.
12 THE REGISTRAR: Your Honours, that will be Exhibit D00836.
13 MR. DJURDJIC: [Interpretation] Could we now please have
14 D008-5655.
15 Q. This is a statement of Brava, Sehat, and the date is the
16 3rd of March, 1999. He gave it to the employees of the crime police
17 administration in Urosevac.
18 Witness, do you know what the situation was like in the month of
19 March in the part of the municipality of Kacanik
20 Republic of Macedonia
21 A. As far as I remember, we had intelligence at the time - I dare
22 call it concrete intelligence - from our sources, locals and others, that
23 in the area around Ivaja, Kotlina, Pustenik, and I believe Gorance was
24 the name of the village on the border of Macedonia, that all around these
25 villages strong terrorist forces were gathering and that they were
Page 12705
1 receiving weapons from the direction of Tetovo in Macedonia. That is,
2 that they were arming themselves at a massive scale, that they were
3 mobilising people by force, and training there. Which meant that they
4 were planning on conducting a fierce attack on the military and everybody
5 who was to be found in or about the Kacanik gorge.
6 MR. DJURDJIC: [Interpretation] I seek to tender this document
7 into evidence.
8 JUDGE PARKER: Yes.
9 THE REGISTRAR: Your Honours, that will be Exhibit D00837.
10 MR. DJURDJIC: [Interpretation] Can we now see D010-0794, please.
11 Q. That is tab 47 in your binder, sir. This is a letter from the
12 SUP
13 MUP for KiM to Lieutenant-Colonel Dusko Adamovic. Can you say -- can you
14 give us any details about the contents and the subject of this letter?
15 A. I suppose that the chief of the secretariat had this information.
16 Actually, that's what I remember, more or less, because he hailed from
17 the area of Strbac. He probably reserved information from our positions
18 or the locals that a laser beam was directed from Brezovica by two
19 unidentified persons. However, the incident was not reported in a timely
20 fashion so that no measures were taken.
21 I don't understand this --
22 Q. Witness, there is also item 2 here, and this report -- what does
23 this report treat or deal with? What kind of problems? How did your SUP
24 react to that?
25 A. Again there was a problem in the village of Gornje Nerodimlje
Page 12706
1 that was the second such instance. The first time around, I explained
2 how we resolved the problem, but the locals were sore because the
3 OSCE Mission members did nothing about the people who were abducted from
4 that village. So that they didn't allow convoys with humanitarian aid to
5 pass through.
6 Q. Does this refer to the families of the persons who were
7 kidnapped?
8 A. No. Actually, it was practically all the population of
9 those -- of that village who had gathered, and the fiercest reaction was
10 that of the son of the kidnapped Veselin Lazic. He was even in poor
11 health, I think.
12 Q. Thank you. Did you inform the staff of the MUP in Pristina about
13 problems related to the safety of the KVM?
14 A. Yes, regularly. Whenever necessary.
15 Q. Did you cover up any such problems?
16 A. No, never. There was no need to do that.
17 MR. DJURDJIC: [Interpretation] I seek to tender this document
18 into evidence.
19 JUDGE PARKER: It will be received.
20 THE REGISTRAR: Your Honours, that will be Exhibit D00838.
21 MR. DJURDJIC: [Interpretation] Can we now please see document
22 D010-0796.
23 Q. That's tab 48, sir. This is a list of incidents of the Urosevac
24 SUP
25 A. It was sent to the staff of the MUP for AP KiM in Pristina.
Page 12707
1 Q. Here we see in the fourth and fifth paragraphs that the KVM were
2 interested in the apprehension of persons and their being interviewed.
3 Did you give them information about that and state the reasons for these
4 interviews?
5 A. Yes. We gave them the relevant information about everything they
6 were interested in. I remember when they came to see me personally, I
7 couldn't always give them a firsthand answer, but through the chief of
8 the OKP or through other channels, I checked the information and then
9 gave it to them.
10 MR. DJURDJIC: [Interpretation] I seek to tender this document
11 into evidence.
12 JUDGE PARKER: Yes.
13 THE REGISTRAR: Your Honours, that will be Exhibit D00839.
14 MR. DJURDJIC: [Interpretation] Thank you. Can we now see
15 D008-0687.
16 Q. That's tab 99 [as interpreted]. This is the statement of
17 Beqa Shefqet which he gave to members of the OKP Urosevac on the
18 10th of March, 1999. I'm interested in the information that you had of
19 the activities of the KLA at the time in and around Dubrava village?
20 A. Well, I can repeat that the villages of Gajre, Ivaja, Kotlina,
21 Pustenik, Gorance were in the area where strong forces of the so-called
22 KLA were concentrated. They were well armed, and they were constantly
23 mobilising people forcibly. We had intelligence to that effect, so their
24 numbers grew constantly. And in accordance with our operative
25 intelligence, they were meant to be the logistics for NATO's entry into
Page 12708
1 the FRY.
2 Q. Was there any reaction of the SUP, a reaction to the KLA attacks
3 directed against civilian population?
4 A. No. I can claim that with full responsibility. Based on
5 everything I know, there has never been any activity taken against the
6 civilian population or the Albanian ethnic group, only against
7 terrorists.
8 MR. DJURDJIC: [Interpretation] I seek to tender this document
9 into evidence.
10 JUDGE PARKER: It will be admitted.
11 THE REGISTRAR: Your Honours, that will be Exhibit D00840.
12 MR. DJURDJIC: [Interpretation] Can we now please see document
13 D009-0905. And that's tab 50.
14 Q. We have in front of us a report on developments and activities of
15 the Urosevac SUP
16 A. This report was sent to the MUP staff for the
17 Autonomous Province of Kosovo
18 Q. Could you please comment paragraph 1 of this report for us.
19 A. Report on developments and activities --
20 Q. No, you don't have to read it out aloud. Just give me
21 your -- what -- give me what you know about the events mentioned in
22 paragraph 1.
23 A. Yes, at that time, indeed, we had intelligence to the effect that
24 individual members of the OSCE Mission are grouping and marking bridges
25 in the area around Strbac. I remember that they -- I remember receiving
Page 12709
1 information from the Strpce police station that they had noticed such
2 activities of members of the OSCE Mission.
3 Q. Thank you. I'm now interested in paragraph 5. What information
4 did you have on the 12th of March, 1999? Could you please comment.
5 A. I remember this case. There was a military column, and it so
6 happened that a police patrol was patrolling the road at the same time.
7 Then both the army and the police were attacked. Fire was opened at
8 them.
9 Q. Witness, the following paragraph, can you comment and share with
10 us any information you have about that and similar such incidents?
11 A. After that attack, certain persons were brought in for purpose of
12 information. Their names are mentioned. And it was in the area of the
13 villages I mentioned. This is the road from Urosevac to Doganovic and
14 further on to the border crossing of Globocica. And on that section of
15 the road from Doganovic to Globocica, the attack took place. The
16 operation was continued to apprehend the terrorists, that is, those who
17 had carried out the attack.
18 MR. DJURDJIC: [Interpretation] I seek to tender this document
19 into evidence.
20 JUDGE PARKER: Yes.
21 THE REGISTRAR: Your Honours, that will be Exhibit D00841.
22 MR. DJURDJIC: [Interpretation]
23 Q. Witness, do you know that in March attacks on the army and the
24 police as well as on vehicles moving on the road from Stimlje to Dulje
25 were continued?
Page 12710
1 A. Yes. There were frequent attacks. Actually, they hardly ever
2 stopped from 1998 on. The attacks took place almost daily, and there
3 were real problems there.
4 MR. DJURDJIC: [Interpretation] Could we now please see document
5 D009-0919.
6 Q. That's tab 52 in your binder. This is a letter from the SUP of
7 Urosevac dated the 14th of March, 1999. To whom was it sent?
8 A. It was sent to the staff of the MUP for the AP KiM in Pristina.
9 Q. Please comment the first paragraph.
10 A. It's about an attack on members of the military, that is, a
11 vehicle of the military. Soldier Aleksandar Mladenovic was lightly
12 injured. I know that the traffic police provided first aid and that he
13 was taken to an infirmary.
14 MR. DJURDJIC: [Interpretation] I seek to tender this document
15 into evidence.
16 JUDGE PARKER: Yes.
17 THE REGISTRAR: Your Honours, that will be Exhibit D00842.
18 MR. DJURDJIC: [Interpretation] Can we now please see the
19 65 ter document of the Prosecution 01243.
20 Q. It's tab 53 in your binder, sir. Witness, what we have before us
21 is a survey of events, occurrences, and activities of the SUP Urosevac on
22 the 15th of March, 1999.
23 A. Yes. This dispatch, or rather, document, were sent to the staff
24 of the MUP for Kosovo and Metohija in Pristina.
25 Q. I would just like you to give us your comments on the last
Page 12711
1 paragraph --
2 MR. STAMP: Sorry, Your Honours, I'm not objecting, but I can't
3 find the document. I'm wondering if it's on one of the lists.
4 MR. DJURDJIC: [Interpretation] The document is right before you.
5 My learned friend, it is your 65 ter number 01243, and on the basis of
6 that number, we had this document called up.
7 JUDGE PARKER: Thank you, Mr. Djurdjic. Carry on.
8 MR. DJURDJIC: [Interpretation] Thank you.
9 Q. Did you see that third paragraph?
10 A. Yes.
11 Q. What is it that the verifiers were asking about here?
12 A. They inquired about the persons who had been brought into
13 custody.
14 Q. On which day were these persons brought into custody?
15 A. They were brought in on the 12th of March, 1999. And the
16 question was what would be his fate and how long he would stay at the
17 SUP
18 Q. Do you remember the document of the 12th of March, the survey of
19 events, again, that there was that list of a number of persons who were
20 brought in for interviews?
21 A. Yes, yes, I remember that from the previous document. It was
22 roughly those persons. Now, most of these persons were released and some
23 were detained for further processing.
24 Q. Thank you. We see here that all these persons were released
25 except for the two names mentioned here?
Page 12712
1 A. Yes.
2 Q. I would be interested in the following now: How did the members
3 of the KVM obtain the names of persons who were brought in for
4 interviews, and how did they know about that in the first place?
5 A. I can just make an assumption; I cannot make an assertion. But
6 it's most probable that the families of those persons contacted the KVM,
7 so it was under that pressure as it were that they came to check it out
8 with us.
9 Q. Thank you.
10 MR. DJURDJIC: [Interpretation] Could this document please be
11 admitted into evidence.
12 JUDGE PARKER: Yes.
13 THE REGISTRAR: Your Honours, that will be Exhibit D00843.
14 MR. DJURDJIC: [Interpretation] Could we please have D007-0116.
15 Q. It is tab 54 for you. We have before us an Official Note of the
16 Kacanik police station compiled on the 16th of March, 1999. And I would
17 be interested in the following: What is your knowledge, what information
18 did you have with regard to the very last part of this Official Note? So
19 after what was stated in this Official Note.
20 A. As far as I understand things, or actually, let me say first of
21 all that the deputy commander of the police station of Kacanik filed this
22 Official Note, and I see my own handwriting in the upper right-hand
23 corner that I initialled it for the state security department and for the
24 crime police department, in the upper right-hand corner. This has to do
25 with the following information: Mr. Sulejman Loku came and stated that a
Page 12713
1 group of armed men came on the 27th of February, 1999, with KLA insignia
2 and they took away his hunting rifle.
3 Q. I actually asked you about the very last part, the last two or
4 three sentences.
5 A. It says here in the note that they actually expelled them into
6 the forest. They didn't allow them to move out of there until the police
7 arrived.
8 Q. Did you have any intelligence to the effect that the KLA was
9 relocating the population from their villages?
10 A. Yes, yes. In several places we obtained this kind of
11 intelligence.
12 Q. Thank you.
13 MR. DJURDJIC: [Interpretation] Could this document please be
14 admitted into evidence.
15 JUDGE PARKER: Yes.
16 THE REGISTRAR: Your Honours, that will be Exhibit D00844.
17 MR. DJURDJIC: [Interpretation] D008-5437, please.
18 Q. It's number 55 for you.
19 MR. DJURDJIC: [Interpretation] D008-5637.
20 Q. Let me ask you something before that, Witness. We have here
21 Rafiz Lika's statement that he gave to the OKP of Urosevac on the 20th of
22 March. I would like to ask you about the mobilisation carried out by the
23 KLA in the areas towards the Macedonian border in March 1999.
24 A. As I've already said, members of the so-called KLA carried out
25 forest mobilisation in addition to their other activities. They
Page 12714
1 threatened people, intimidated them, they resorted to all sorts of
2 methods in order to have as many people as possible in their ranks.
3 Q. Thank you.
4 MR. DJURDJIC: [Interpretation] Could this document please be
5 admitted into evidence.
6 JUDGE PARKER: Yes.
7 THE REGISTRAR: Your Honours, that will be Exhibit D00845.
8 MR. DJURDJIC: [Interpretation]
9 Q. Witness, we had several documents here related to KLA activities
10 in the part of the Kacanik municipality facing the Macedonian border.
11 Were there any reactions to such KLA terrorist activity in March 1999?
12 Do you know about that?
13 A. Yes, I remember that, according to the same principle, the chief
14 of secretariat compiled a proposal and sent it to the staff, namely to
15 arrest terrorists in Ivaja, Kotlina, Pustenik, in that area.
16 Q. Do you know whether this action was actually carried out?
17 A. I do know that this action was carried out. Now, I know for sure
18 that the Urosevac company of the PJP took part. I am not sure, but I
19 think it was also the PJP of the Gnjilane SUP and members of the army.
20 Q. Thank you. This action was aimed against who?
21 A. Not only this action, but all actions were aimed against Albanian
22 terrorists. By no means were they aimed against civilians, Albanians as
23 such.
24 Q. After this action, was an on-site investigation carried out?
25 A. Yes, I remember, and I think I actually saw
Page 12715
1 Ms. Milicevic, Ljiljana I think her first name was. She was the
2 municipal investigating judge. And also Boza Radic, the municipal public
3 prosecutor in Urosevac. They carried out the on-site investigation
4 together with the team from Urosevac.
5 MR. DJURDJIC: [Interpretation] Could we please have D002-4416.
6 Q. Witness, what about the forensic team from the Urosevac SUP, did
7 they compile their report?
8 A. Yes. I see that here. The forensic team wrote up a report on
9 that on-site investigation too.
10 Q. Do you know what was found in these villages?
11 A. As far as I can remember, a certain amount of weapons were found,
12 but truth to tell, I do not remember the exact amount. Then parts of
13 uniform -- also there were some bunkers in the area where terrorists had
14 been hiding and from where they attacked the army and the police. I
15 think that's the way it was then.
16 MR. DJURDJIC: [Interpretation] Could we please have D002-4424.
17 Q. Are these photographs of these bunkers in the forest, Witness?
18 A. Yes. Yes those are the bunkers that were in the forest.
19 Q. Thank you.
20 MR. DJURDJIC: [Interpretation] Could we also have D002-4423 now.
21 Q. These are photographs that show what was found on the scene. We
22 see the victims and we see the equipment.
23 A. Yes.
24 MR. DJURDJIC: [Interpretation] I'd like to tender this document,
25 please.
Page 12716
1 JUDGE PARKER: Is this all one document, Mr. Djurdjic? I believe
2 the answer is yes.
3 MR. DJURDJIC: [Interpretation] Yes, certainly, because the
4 photographs were not translated, naturally. It's only the text that was
5 translated.
6 JUDGE PARKER: They will be received.
7 THE REGISTRAR: Your Honours, that will be Exhibit D00846.
8 MR. DJURDJIC: [Interpretation] Could we please have document
9 D008-5649.
10 Q. It's tab 57 for you. We have here a statement that was given to
11 the Urosevac OKP on the 26th of March, 1999. The statement was made by
12 Laqi, Naser?
13 A. Yes.
14 Q. Witness, after this action, people were brought in, people who
15 were taking part in terrorist activities. Was this done by your
16 policemen?
17 A. Well, regular policemen were involved only in bringing these
18 persons in. In the field, it's probably the PJPs and the military that
19 came across these persons.
20 Q. And then these interviews were conducted. We have a statement
21 here, and to the best of your knowledge, was that information
22 corroborated about the activities of the KLA in Ivaja and Kotlina in
23 March?
24 A. Yes, that was confirmed. What was found was what I described a
25 few moments ago; equipment, weapons, fortifications, trenches, dugouts,
Page 12717
1 et cetera, bunkers.
2 Q. Thank you.
3 MR. DJURDJIC: [Interpretation] Could this document please be
4 admitted.
5 JUDGE PARKER: Yes.
6 THE REGISTRAR: Your Honours, that will be Exhibit D00847.
7 MR. DJURDJIC: [Interpretation] D008-5631, could we have that
8 document, please.
9 Q. It is tab 58 for you. Witness, we have a statement here of
10 Loki, Kadri on the 6th of April, 1999. He gave it to the OKP of the
11 Urosevac SUP
12 paragraph 2 and your knowledge at the time about the area that we are
13 talking about and also what the situation was like during the course of
14 the war.
15 A. Well, you see, we knew all the things that I've already spoken
16 about, so we had all that intelligence, and this person indeed confirmed
17 that strong forces of the terrorist gangs were concentrated in that area,
18 that they were carrying out forced mobilisation, and that they were
19 making efforts to take steps in order to act as the infantry that would
20 allow a NATO land invasion of the FRY.
21 Q. Thank you.
22 MR. DJURDJIC: [Interpretation] Could this document please be
23 admitted into evidence.
24 JUDGE PARKER: Yes.
25 THE REGISTRAR: Your Honours, that will be Exhibit D00848.
Page 12718
1 MR. DJURDJIC: [Interpretation] Could we please see D008-5635.
2 Q. That's tab 60. We'll see a statement dated the
3 14th of April, 1999. It was is a statement taken from
4 Elezi, Dufki [as interpreted] by the OKP about the same area. Does this
5 confirm the information that you had at the time?
6 A. The statement of Rufki Elezi indeed confirms all information that
7 we had previously.
8 MR. DJURDJIC: [Interpretation] I seek to tender this document
9 into evidence.
10 JUDGE PARKER: Yes.
11 THE REGISTRAR: Your Honours, that will be Exhibit D00849.
12 MR. DJURDJIC: [Interpretation] Could we now please see D006-4596.
13 Q. That's tab 59 in your binder. We can see a criminal report of
14 the OKP of the Urosevac SUP
15 that took place on the 8th of April, 1999, at an entry point to the town
16 of Kacanik. What do you know about this event, and can you give us more
17 details?
18 A. I remember this event perfectly well. I remember that there was
19 a police patrol on the road toward the border crossing of
20 Djeneral Jankovic. That area was constantly targeted by terrorists. At
21 the -- in the outskirts of Kacanik, I think that was the Duskaja
22 settlement, across the road from the gas station, there was a newly built
23 housing development. And, from that area, strong fire was opened at the
24 Pinzgauer vehicle. I haven't had a chance to read this, but I believe
25 that eight police officers were wounded then.
Page 12719
1 Q. Thank you. In all these incidents, or rather, after all these
2 incidents, did forensic technicians go to the locations to carry out an
3 on-site investigation?
4 A. It wasn't possible to do that immediately in this case. And then
5 upon the instructions given by the chief of SUP, patrols were sent out to
6 provide assistance and conduct a search for the terrorists. After the
7 operation which went on until the following day, so after the end of the
8 operation, the on-site investigation was carried out, photographs were
9 taken, et cetera.
10 MR. DJURDJIC: [Interpretation] Could we now please see page 5 of
11 the English version and page 006-4599 of the Serbian version. Yes, thank
12 you.
13 Q. What is this?
14 A. Could you please repeat?
15 Q. In your binder it is under number 623. Go back. This must be
16 it. It reads "Case File Cover." Have you found it?
17 A. Yes.
18 Q. And now the following page, please. In the lower corner you can
19 see number 624?
20 A. Yes.
21 Q. This is the report of the forensic technicians?
22 A. Yes.
23 Q. It's about an on-site investigation conducted on the
24 9th of April, 1995 [as interpreted], and drawn up on the 21st of May of
25 the same year.
Page 12720
1 MR. DJURDJIC: [Interpretation] Can we go to the following page,
2 please. Could we please see pages 8 and 9 of the English version.
3 In line 4, page 51, should read 1999 rather than 1995. I seek to
4 tender this document into evidence.
5 JUDGE PARKER: It will be received.
6 [Trial Chamber and Registrar confer]
7 JUDGE PARKER: I'm told it's over 130 pages, Mr. Djurdjic.
8 MR. DJURDJIC: [Interpretation] Your Honour, I'm tendering just
9 the one that I showed. The English translation also contains images. So
10 I'm just tendering the documents that I referred to. The English pages
11 are the ones that I showed, that is, the criminal report, and forensic
12 examination report, and the pages that were displayed. I just want to
13 tender these.
14 JUDGE PARKER: We will try to identify and separate those, and
15 they will be received as an exhibit.
16 THE REGISTRAR: Your Honours, that will be Exhibit D00850.
17 MR. DJURDJIC: [Interpretation] Could we now please see
18 Exhibit P1205.
19 Q. In your binder, it is tab 61. This is a dispatch of the
20 department of public security dated 15 January 1999, signed by
21 General Vlastimir Djordjevic, chief of the RJB. Tell us to which SUPs
22 was this dispatch sent?
23 A. It was sent to all SUPs in the Republic of Serbia
24 Q. Did you receive this dispatch in the Urosevac SUP?
25 A. Yes, the chief did.
Page 12721
1 Q. Are you familiar with its contents?
2 A. Yes, after the reception of this dispatch, the chief gave out
3 tasks to the individual departments and tasked the heads of department to
4 act in accordance with the dispatch.
5 MR. DJURDJIC: [Interpretation] Can we please see Exhibit P356.
6 Q. Tab 62 in your binder. This is dispatch number 312 of the MUP of
7 the Republic of Serbia
8 sent out by the assistant minister and the chief of the department of
9 public security General Vlastimir Djordjevic. Can you tell us to which
10 SUPs this dispatch was sent?
11 A. It was sent to all SUPs in the Republic of Serbia
12 item 1 til item 33.
13 Q. Did you receive this dispatch at the Urosevac SUP?
14 A. Yes, we did. We received it through the chief, and he informed
15 us of its contents.
16 Q. What was the security situation like at the time, and which
17 measures were supposed to take in a -- pursuant to this dispatch, or
18 which measures did you take?
19 A. We acted in accordance with the instructions contained in this
20 dispatch.
21 Q. We can see item 1 here?
22 A. Yes, update the defence plan. That's what we did. An officer
23 was charged with monitoring these activities. This refers to updating of
24 lists, mobilisation, and the rest.
25 Q. Under item 4, were there any tasks for your department?
Page 12722
1 A. Yes, certainly. We had some untrained staff, so we had to train
2 them.
3 Q. And did you act in accordance with items 5 and 6?
4 A. Yes. Item 5, yes, item 6 also.
5 Q. In the introduction on page 1 of this dispatch, it's pointed out
6 that there's a realistic threat of the FRY being attacked by NATO. Did
7 you have information about the situation at the time when this dispatch
8 arrived at the SUP
9 A. Well, it is well known that the situation in Kosovo and Metohija
10 was very difficult at the time. And as for the NATO bombing, well, we
11 were informed because we had -- we followed the media coverage.
12 Q. Thank you.
13 MR. DJURDJIC: [Interpretation] Can we please see Exhibit D438.
14 Q. This is dispatch dated the 2nd of March, 1999. It is a dispatch
15 of the -- of Vlastimir Djordjevic. To which SUPs was it sent?
16 A. Are you referring to dispatch 433? It was sent to all SUPs in
17 the Republic of Serbia
18 chief, to the staff in Pristina, and to the others.
19 Q. And what were you instructed to do by this dispatch, and did you
20 implement that?
21 A. Yes, there was passive-duty service introduced from 2200 hours
22 til 700 hours, and only in exceptional cases, if there are good reasons,
23 should policemen be allowed to take leave.
24 THE INTERPRETER: Could the counsel please repeat what he just
25 said.
Page 12723
1 MR. DJURDJIC: [Interpretation] Could we please see P1206, please.
2 Q. This is dispatch number 597, dated the 22nd of March, 1999. It's
3 a dispatch of the assistant minister and chief of the public security
4 department Colonel-General Vlastimir Djordjevic. To which SUPs was it
5 sent?
6 A. To all SUPs in the Republic of Serbia
7 the staff of the MUP in Pristina, and the others.
8 Q. What were you instructed to do by this dispatch?
9 A. We were instructed to intensify the measures as laid out in the
10 previous dispatch, as far as I can tell.
11 Q. And these dispatches were sent out whenever there was a threat of
12 war?
13 A. Yes.
14 Q. And two or three dispatches with similar contents are mentioned
15 here; right?
16 A. Yes. Number 312 of 18 February; 1685 of 18 September; and
17 1827 of 7 October; as well as the last number, 451 of 8 October 1998.
18 Q. Thank you.
19 MR. DJURDJIC: [Interpretation] Can we now please see document
20 D -- sorry, it's Exhibit D248.
21 Q. We see in front of us an order of the staff of the MUP in
22 Pristina dated 26 March 1999
23 A. To all SUPs in Kosovo and Metohija, to the chief, and every -- it
24 went to the commands of every detachment of the PJP.
25 Q. Did you act in accordance with this dispatch?
Page 12724
1 A. Yes, we did.
2 Q. This was the 26th of March. The war had already started in 1999;
3 right?
4 A. Yes.
5 Q. Thank you.
6 MR. DJURDJIC: [Interpretation] Can we please see Exhibit D253.
7 Q. That's tab 66 in your binder. This is a dispatch of the chief of
8 the department of public security dated 27th March, 1999.
9 MR. DJURDJIC: [Interpretation] Can we please see page 2.
10 Q. Witness, to who was this dispatch sent? To which SUPs, that is.
11 A. To all SUPs from item 1 to item 33 and to the chiefs.
12 Q. What did you do pursuant to this dispatch, and why was it sent
13 out?
14 A. As far as I understand, this dispatch was sent out because
15 measures should be taken to find locators affixed to certain buildings or
16 facilities that could be used for the purpose of bombing by NATO.
17 Q. Did you find any such devices in the territory of Urosevac
18 A. Yes, as far as I remember we did, but I don't remember the exact
19 locations.
20 Q. Did you act in accordance with this dispatch?
21 A. Yes, certainly.
22 MR. DJURDJIC: [Interpretation] Can we please see Exhibit D249,
23 please.
24 Q. It's 67 in your binder. This is a dispatch of the MUP staff in
25 Pristina dated the 2nd of April, 1999. Could you please tell us who it
Page 12725
1 was sent to, this dispatch?
2 A. This dispatch was sent to all chiefs of SUP in the area of
3 Kosovo and Metohija and commanders of PJP detachments.
4 Q. Would you you please tell me, in relation to
5 paragraphs 1, 2, and 3, did you act accordingly?
6 A. Yes. We acted in accordance with this dispatch and previous
7 ones, however, specifically on the basis of this dispatch, we established
8 joint patrols. These patrols actually had the task to do the following:
9 Since they were mixed patrols consisting of members of the military and
10 the police, they were supposed to curb crime among members of the
11 military and police, and the citizens too, of course, but primarily
12 within the ranks of the military and the police.
13 Q. Thank you.
14 MR. DJURDJIC: [Interpretation] I would like to have document P47.
15 Q. It's tab 69 for you. We have here a decree on Internal Affairs
16 during a state of war. Witness, I think that we already discussed this
17 subject a bit, a change in disciplinary proceedings in a state of war
18 from the time when had this decree was passed. Could you please tell me
19 what happened in practice. How was this decree amended?
20 A. Before this decree was passed, disciplinary proceedings took
21 place in a regular fashion. There was a disciplinary prosecutor, a
22 disciplinary chamber or court, and a disciplinary investigator, if it had
23 to do with a crime. If a member of the police or the secretariat had
24 committed a crime.
25 According to this decree, the proceedings are shortened. The
Page 12726
1 head of the organisational unit to which the policeman or employee who
2 was the perpetrator belonged collects all information with regard to that
3 and submits a proposal to the chief of secretariat who then decides on
4 the disciplinary measure that is to be taken.
5 Q. Thank you. In the very last subparagraph of Article 9, it says
6 that "the prescribed measures and punishments for serious violations of
7 professional duties and responsibility shall be pronounced by the head of
8 a sector of the ministry or a person authorised by him"?
9 A. Precisely. The chief of secretariat in my secretariat.
10 MR. DJURDJIC: [Interpretation] Could we now please have P1050.
11 Q. Tab 70 for you. We have here a document dated the
12 9th of April, 1999, and it was sent by the public security department
13 to ... could you please tell us?
14 A. This document was sent to all secretariats of the interior of the
15 Republic of Serbia
16 Q. Thank you, we have all the rest. Tell me, if we look at this
17 document, the introductory part, what is the head of public security
18 saying to all these addressees?
19 A. In addition to serious violations of work duty --
20 Q. No, no, just the first two paragraphs. That's what I'm asking
21 about.
22 A. Oh, the first two paragraphs.
23 Q. What did he make you aware of?
24 A. The Official Gazette of the Republic of Serbia
25 mean?
Page 12727
1 Q. Did he make you aware of the changes that took place?
2 A. Yes, certainly.
3 Q. Now, on page 2, the chief of the public security sector --
4 A. Yes, authorised the chiefs of SUPs. Specifically in my situation
5 it was the chief of the secretariat who had the right to impose
6 disciplinary measures.
7 Q. Thank you.
8 MR. DJURDJIC: [Interpretation] Could we now have D262, please.
9 Q. It's tab 71 in your binder. The 21st of April, 1999, is the
10 date, and it was sent by Petar Zekovic, General Petar Zekovic. Did you
11 receive this?
12 A. Yes.
13 Q. So what is stated here?
14 A. The assistant minister, Major-General Petar Zekovic, explains in
15 greater detail what the procedure should be in case of disciplinary
16 proceedings.
17 Q. Thank you. And who was this sent to?
18 A. It was sent to all chiefs of secretariat SUPs in the territory of
19 the Republic of Serbia
20 Q. Thank you.
21 MR. DJURDJIC: [Interpretation] Your Honours, I think that this
22 would be the time for the technical break.
23 JUDGE PARKER: Thank you. Yes, we will have the second break
24 now. We resume at 1.00.
25 [The witness stands down]
Page 12728
1 --- Recess taken at 12.31 p.m.
2 --- On resuming at 1.03 p.m.
3 [The witness takes the stand]
4 JUDGE PARKER: Mr. Djurdjic.
5 MR. DJURDJIC: [Interpretation] Thank you, Your Honours.
6 Can we now please see Exhibit P1207.
7 Q. Tab 72 in your binder. This is a dispatch of the chief of the
8 department of public security General Vlastimir Djordjevic dated the
9 12th of April, 1999. Kindly tell us to which SUPs it was sent.
10 A. To all SUPs in the Republic of Serbia
11 SUPs from 1 to 33.
12 Q. In item 1, what is dealt with, and what is to be done?
13 A. It says in co-operation with the town and municipal civil
14 protection staffs and others, monitoring and finding locators is ordered.
15 Q. Were there obligations under item 3 also?
16 A. Yes, yes. We were obliged to act under item 3 also.
17 Q. Were you acquainted with the dispatch once it arrived at the
18 Urosevac SUP
19 A. Yes, the chief of the secretariat acquainted us with it.
20 MR. DJURDJIC: [Interpretation] Could we now please see D004-1916.
21 Q. That is tab 73 in your binder. It's a dispatch of the MUP staff
22 for KiM dated the 29 of April, 1999. Can you tell us to who it was sent?
23 A. To all SUPs in Kosovo and Metohija, the chiefs of the SUPs.
24 Q. Were you familiarised with the dispatch when it arrived?
25 A. Yes.
Page 12729
1 Q. Which measures did you take pursuant to this dispatch?
2 A. All measures were taken for police forces to behave in accordance
3 with the dispatch in the course of carrying out their jobs and their
4 tasks.
5 Q. It is mentioned here what is to be used. Was that really used?
6 A. Yes, they were mostly helmets and protective jackets.
7 MR. DJURDJIC: [Interpretation] I seek to tender this document
8 into evidence.
9 JUDGE PARKER: Yes, it will be received.
10 THE REGISTRAR: Your Honours, that will be Exhibit D00851.
11 MR. DJURDJIC: [Interpretation] Could we please see Exhibit D254.
12 Q. That is tab 74 in your binder. This is a dispatch of the chief
13 of the public security department of the MUP of Serbia. Can you tell us
14 to which SUPs it was sent?
15 A. This dispatch was sent to all SUPs in the Republic of Serbia
16 the staff of the MUP in Pristina.
17 Q. Did you act in accordance with this dispatch, and which measures
18 did you take? To what activities does this dispatch refer?
19 A. The dispatch applied practically to all staff of the ministry and
20 its organisational units. We acted in accordance with the instructions
21 in the dispatch.
22 Q. Thank you.
23 MR. DJURDJIC: [Interpretation] Could we now please see
24 Exhibit D443.
25 Q. Tab 75 in your binder. Witness, this dispatch is a dispatch of
Page 12730
1 the staff of the MUP in Pristina dated 6 May 1999. To who was this
2 dispatch sent?
3 A. To all secretariats in Kosovo and Metohija and the commanders of
4 the -- of PJPs 21 through 87 as well as to the special anti-terrorist
5 unit.
6 Q. What did you do pursuant to paragraph 1 of this letter?
7 A. All police staff were acquainted with the contents as laid out in
8 paragraph 1.
9 Q. What exactly was that?
10 A. It's an -- it's the reports of the president of the FRY by the
11 head of the MUP Major-General Sreten Lukic and the others.
12 Q. What about the other organisational units?
13 A. The organisational units informed their respective staff.
14 Q. To who did they -- you forward this exactly?
15 A. To the police stations outside the SUP headquarters.
16 MR. DJURDJIC: [Interpretation] Can we now please see
17 document D004-1619.
18 Q. This is a dispatch of the MUP staff of the Republic of Serbia
19 Pristina dated 2 June 1999
20 A. To all SUPs in Kosovo and Metohija, that is, the chiefs and to
21 the rest.
22 Q. Did you act pursuant to this dispatch?
23 A. Yes, we did.
24 MR. DJURDJIC: [Interpretation] I seek to tender this document
25 into evidence.
Page 12731
1 JUDGE PARKER: It will be received.
2 THE REGISTRAR: Your Honours, that will be Exhibit D00852.
3 MR. DJURDJIC: [Interpretation]
4 Q. Witness, when the bombing and the war started, were there
5 movements of the population?
6 A. At the beginning of the war, that is, the NATO aggression on the
7 Federal Republic of Yugoslavia, from the area covered by the secretariat
8 for which I worked, there were citizens of all ethnicities leaving; that
9 is, Albanians, Serbs, Roma, and others. And I too relocated my family to
10 Serbia
11 obligation in place for us. I worked with the police, and my wife worked
12 at the post office. Of course, not the entire population was leaving but
13 great numbers were going in all directions.
14 Q. After the beginning of the bombing, did the population from the
15 surrounding rural areas come to Urosevac?
16 A. Well, yes. From the villages around Urosevac where
17 anti-terrorist activities had taken place or where there had been
18 fighting between the police and the so-called KLA, from those areas, and
19 from other villages where even cluster bombs were dropped. People were
20 leaving those places because they were scared, and came to town.
21 Q. You mentioned cluster bombs being dropped. Do you have firsthand
22 knowledge about such bombs?
23 A. Yes, I know several locations where cluster bombs were dropped.
24 I know for sure that the Simporex [phoen] factory was targeted. That is
25 along the road from Urosevac to Skopje
Page 12732
1 how many exactly were dropped there, but it was certainly a huge amount
2 that were dropped in that area.
3 According to the information that we had - it must have been in
4 Duganovic Selo or Dubrava, certainly thereabouts - cluster bombs were
5 dropped, and, as far as I remember, two or three children of Albanian
6 ethnicity played with that bomb and lost their lives in the process.
7 In the area of Gornje Nerodimlje, there was also a massive drop
8 of cluster bombs. As far as I remember, on the hill above Stimlje too,
9 in the village of Kostanje
10 lethally injured and four were seriously wounded. There may have been
11 more locations, but I'm sure about these. I remember that.
12 Q. During the bombing, was there an inflow of people to Urosevac who
13 later left the town?
14 A. Well, you know, there's a railroad station in Urosevac, and that
15 railroad station -- or rather, there's a railroad line from Kosovo Polje
16 through Urosevac and it goes on to Skopje
17 through Urosevac, I don't know whether they were regular or special
18 lines, but there were people on those trains.
19 Q. Did you have any contact with the people who were leaving
20 Urosevac?
21 A. I remember one such instance. I think it was after the bombing
22 of the column that was moving toward Djakovica. A large number of people
23 gathered at the train station if Urosevac. And I received instructions
24 from the chief of the SUP
25 place because they were likely to be the target of a NATO attack. I knew
Page 12733
1 some of these people. I had seen them before and had tried to persuade
2 them to return to their homes because they really could become the target
3 of an attack. But they said to me, We are already leaving and there's no
4 going back. So they didn't heed my warnings. They said that the reason
5 for the departure was the NATO bombing. Whether there was another
6 reason, I don't know.
7 Q. Did the people leave Urosevac by other means of transportation
8 too?
9 A. Yes, they did. The town of Urosevac
10 people left the town of Urosevac
11 other and had in contact. I even saw Albanians and Serbs sitting in
12 cafes together and having coffees -- or having coffee or anything else to
13 drink.
14 Q. Did the Urosevac SUP
15 transportation for Albanians to leave the town?
16 A. No, the Urosevac SUP
17 that I went to talk to those people and persuade them to return to their
18 homes, but I couldn't force anyone to do that because the law didn't
19 allow me to. But I know for sure that nobody from the SUP organised
20 transportation. Whatever was organised, whether there were buses or
21 trains, well, that was organised on a private basis.
22 Q. Did you take measures against certain organisations that violated
23 the rules about the transportation of persons?
24 A. Yes, as far as I know, we filed some criminal reports. Actually,
25 the officers from the crime police department did because there were
Page 12734
1 complaints by citizens - and we also had intelligence to that
2 effect - that on buses they were charging much more money than the
3 official price of the ticket. So that several persons were detained
4 because of that.
5 Q. During the war in 1999, in accordance with the laws and
6 regulations in force in the Federal Republic of Yugoslavia, were all
7 persons leaving the country obliged to pay an exit tax?
8 A. Yes. All citizens of the Federal Republic of Yugoslavia were
9 obliged to pay such a tax upon leaving the country.
10 Q. Did you take any measures about that, and were there perhaps
11 instances of officials abusing their position at the border itself,
12 overcharging those on the way out?
13 A. Yes, there were several instances of that happening, and I do
14 remember that some persons were actually prosecuted for doing that.
15 Q. Can you tell us if at any point in time throughout 1998 or 1999
16 you ever issued instructions for measures to be taken against Albanian
17 civilians for their expulsion or for any form of abuse of the Albanians
18 to be tolerated or indeed for efforts to displace them to be encouraged?
19 A. No, I've never done anything like that. Even in cases -- or
20 rather, had I found out that any of my subordinates engaged in that type
21 of activity, I would have taken steps, disciplinary steps, specifically
22 against those persons.
23 Q. What about your police officers. Did they, in fact, escort any
24 Albanians leaving the country to Albania or Macedonia?
25 A. No, I have no information indicating that any of the police were
Page 12735
1 involved in escorting those columns.
2 Q. Thank you very much.
3 MR. DJURDJIC: [Interpretation] Your Honours, may we move into
4 private session, please.
5 JUDGE PARKER: Private.
6 [Private session]
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Page 12736
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Page 12741
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19 [Open session]
20 THE REGISTRAR: Your Honours, we are back in open session.
21 MR. DJURDJIC: [Interpretation] Your Honours, I have no further
22 questions for this witness. This concludes my examination-in-chief.
23 Thank you.
24 JUDGE PARKER: We have about one or two minutes, Mr. Stamp.
25 Would you think it more reasonable to commence tomorrow?
Page 12742
1 MR. STAMP: Yes, Your Honour, I certainly would.
2 JUDGE PARKER: I think we should then adjourn to resume tomorrow
3 at 9 a.m.
4 and we continue tomorrow morning at 9.00.
5 A Court Officer will assist you after we rise. Thank you.
6 [The witness stands down]
7 --- Whereupon the hearing adjourned at 1.46 p.m.
8 to be reconvened on Friday, the 12th day
9 of March, 2010, at 9.00 a.m.
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