Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8078

1 Tuesday, 16 July 2002

2 [Open session]

3 [The accused entered court]

4 [The witness entered court]

5 --- Upon commencing at 9.00 a.m.

6 JUDGE MAY: Yes, Mr. Milosevic.

7 WITNESS: MERITA DEDAJ [Resumed]

8 [Witness answered through interpreter]

9 Cross-examined by Mr. Milosevic: [Continued]

10 Q. [Interpretation] Well, let's continue where we left off yesterday.

11 Do you know who these people were who were allegedly killed in the village

12 of Deve Babaj?

13 A. Yes. Yes, I do.

14 Q. Well, who were they?

15 A. They were Albanians who lived in Deve.

16 Q. Well, do you know their names, perhaps, or something more about

17 them, who they were, except for saying that they were Albanians?

18 A. No, I don't.

19 Q. And do you know anybody, anybody whatsoever, who was an eyewitness

20 to these alleged killings that you're talking about?

21 A. Yes. My uncle was there, because he buried them and he saw them

22 with his own eyes.

23 Q. I understood you to say that your uncle was called by the

24 commander of the unit to go and bury the people. I think that's what you

25 said, isn't it?

Page 8079

1 A. Yes.

2 Q. So he wasn't there when they were actually killed, was he? So he

3 wasn't an eyewitness to the killing itself.

4 JUDGE MAY: We've been over that yesterday.

5 THE ACCUSED: [Interpretation] Very well.

6 MR. MILOSEVIC: [Interpretation]

7 Q. Now, you claim that the army of Yugoslavia, on the 27th of March,

8 arrived in your village and that a certain officer who, as you claim, had

9 one day before that taken off your uncles for this burial, for the burial

10 of these bodies, and gave you one hour to leave the village. Is that

11 right? And that's what it says on page 2, paragraph 6 of your statement.

12 A. Yes. They forced us for an hour -- they forced everyone to leave

13 the village within an hour.

14 Q. And did he explain to you why you were supposed to leave the

15 village?

16 A. No. They just told us to get out and go to Albania. And when we

17 left the village, they told us we couldn't go to Albania after all but we

18 were to go to Korenica. And when we got to Brekoc, they turned us back to

19 Korenica.

20 Q. All right. Now, tell me this: Did he tell you, when he told you

21 to leave the village, did he perhaps tell you that combat activities were

22 expected there and that you should get away from there for your own

23 security and safety?

24 A. No. He just told us we had to get out of the village.

25 Q. And did they tell you to go to Korenica on that occasion?

Page 8080

1 A. Yes. He said to go to Korenica. And we spent a whole week on a

2 meadow there, under their orders.

3 Q. All right. We'll come to that in a little while. So he told you

4 to go to Korenica, not to go to Albania; is that right?

5 A. At the start, when he told us to get out of our houses within an

6 hour, he said, "Go to Albania." But when we got to Brekoc, he said, "You

7 can't go to Albania. Go back to Korenica." It was Nikola Micunovic who

8 said that.

9 Q. So that means that he didn't tell you that in the village, to go

10 to Korenica, as you said a moment ago. It was only when you started off

11 towards Albania that he told you to go to Korenica; is that right?

12 JUDGE MAY: She's just explained what happened. There's no need

13 to repeat it.

14 THE ACCUSED: [Interpretation] All right.

15 MR. MILOSEVIC: [Interpretation]

16 Q. Now, explain this to me, please: In the statement - not this one

17 but the other one given to the investigators of the International Crisis

18 Group - it says that masked policemen whose faces were painted in colours

19 and paint, members of paramilitary forces, expelled you and the members of

20 your family from the house and that one of the policemen tried to set fire

21 to a house but the other Serbs didn't allow him to go through with it.

22 Now, explain to me, please, why this statement is different from

23 what you said a moment ago and from your written statement. Otherwise,

24 this is on page 03014968 of the Serbian version given to the International

25 Crisis Group.

Page 8081

1 JUDGE MAY: Can you follow the question? Have you followed what

2 he said?

3 THE WITNESS: [Interpretation] No. I'm not sure. Does he mean

4 when we left Guska?

5 JUDGE MAY: Mr. Milosevic, are you referring to when they left

6 Guska?

7 THE ACCUSED: [Interpretation] When they left their own village.

8 We're talking about the same event, the event in the statement --

9 JUDGE MAY: Yes. Let the witness -- let the witness answer.

10 THE WITNESS: [Interpretation] When we left the village, they told

11 us, "Get out within one hour," and that's what we did.

12 JUDGE MAY: The point that's made is that in a statement which you

13 made to the -- it's said to the International Crisis Group, it says that

14 there were some masked policemen and members of the paramilitary forces

15 who expelled you and the members of your family from the house.

16 Is it right that there were masked policemen and paramilitaries

17 there?

18 THE WITNESS: [Interpretation] Yes.

19 JUDGE MAY: And the other point that's made is that one of the

20 policemen tried to set fire to a house but the other Serbs prevented him.

21 Did that happen or not?

22 THE WITNESS: [Interpretation] I don't remember anything about the

23 burning of a house.

24 JUDGE MAY: Yes, Mr. Milosevic.

25 MR. MILOSEVIC: [Interpretation]

Page 8082

1 Q. Well, all right, then. Can you explain why the difference between

2 your statement from the one you gave to the International Crisis Group?

3 Why do those two statements differ when they talk about the same event?

4 And both the statements are yours.

5 A. I don't really remember at the moment. They know better than I

6 might what happened. You know what happened. You know what took place in

7 Guska. You know better than I do.

8 Q. When you say they knew what happened better, who do you mean by

9 "they"? You say, "They know better than I."

10 A. No, I mean you. You knew what was going on because you gave the

11 orders.

12 JUDGE MAY: Yes, Ms. Romano.

13 MS. ROMANO: Your Honours, I have here with me the statement, or

14 at least the questionnaire that was made with the witness, and in fairness

15 to the witness, I think that Mr. Milosevic needs to put the entire phrase

16 that was said.

17 JUDGE MAY: Yes. Read out the entire phrase so that we can hear

18 it.

19 MS. ROMANO: It is -- in the statement, it says Serb policemen

20 tried to burn the witness's house but the other Serbs did not allow him

21 because they wanted to use the house as their shelter.

22 JUDGE MAY: Ms. Dedaj, do you remember anything like that

23 happening now that it's been read out?

24 THE WITNESS: [Interpretation] I don't remember. To say again,

25 there was an attempt to burn the house, but there were people there. It

Page 8083

1 was the same people there.

2 JUDGE MAY: Yes, Mr. Milosevic. We've covered that point now, so

3 move on to the next one.

4 MR. MILOSEVIC: [Interpretation]

5 Q. Just one more question in that regard. Now, what is correct? Did

6 they expel you from your house the way in which you stated or the way you

7 told the International Crisis Group? What did you say?

8 JUDGE MAY: She has explained and we can go no further. So

9 there's no point going back to the point.

10 THE ACCUSED: [Interpretation] Well, Mr. May, I'm just asking what

11 happened. I assume that I --

12 JUDGE MAY: You've put it to her and you've heard her answer.

13 Now, there's no point going over it again.

14 THE ACCUSED: [Interpretation] Very well.

15 MR. MILOSEVIC: [Interpretation]

16 Q. You claim that members of the Yugoslav army escorted -- or,

17 rather, that they escorted you as you were in the vehicles moving towards

18 Korenica; right?

19 A. Yes. Yes, that's true.

20 Q. Did they provide security for you then? Is that what they were

21 doing?

22 A. No, they didn't provide -- come for security. They came to get us

23 and to expel us from our houses and to leave us a whole week on a meadow.

24 From the 29th of March to the 1st -- to the 5th of April, we spent all our

25 time on a field, on a meadow, without any security whatever.

Page 8084

1 Q. All right, we'll come to that. But on the 26th and 27th of March,

2 was there -- was Djakovica bombed by NATO?

3 A. I don't remember.

4 Q. All right. Now tell us which male members of your village left

5 the village and started out for Korenica? Male members of your family.

6 A. All the village of Guska, the whole village. We all left the

7 village and went off to Korenica. My family too. No one remained behind

8 in Guska at all.

9 Q. All right. Now, you also say that the members of the army and the

10 police force in Korenica ordered the younger people and the women and

11 children to stay out in the meadow, in the field, whereas the old and the

12 elderly were sent to a house; is that right? That's what it says. And my

13 question for you is: Where was your father, uncles, and the other elderly

14 male members of your family at that time?

15 A. All of my family was on the meadow. And the house you mean, there

16 were only old people in it and people with illnesses and very old people.

17 They were not able to survive on the field. Whereas all my family and the

18 whole of the village of Guska otherwise was on the field, on the meadow,

19 for all that time.

20 Q. But already in the next paragraph you claim that the members of

21 the army ordered people to go to different houses in Korenica, to be put

22 up there. That's what it says. Now, which is true? Did they order you

23 to remain in the field or to go to the houses?

24 JUDGE MAY: Where is the reference to the -- their being ordered

25 to go into the houses? Can you just point that out to us, please.

Page 8085

1 THE ACCUSED: [Interpretation] On the last paragraph of page 2, it

2 says, the last sentence: "They ordered the people to go and be put up in

3 different houses in Korenica. Together with my family, I went -- ordered

4 the people to go and stay in different houses in Korenica. Together with

5 my family, I went to stay at Prend Markaj's house, where I stayed three

6 weeks."

7 JUDGE MAY: Let's get this straight. The account which the

8 witness gives in the statement is, first of all, that they stayed in

9 Korenica a week. Then there were about a thousand people in the convoy

10 that moved from Korenica. "When we arrived in Meja-Orize, the army

11 stopped the convoy and ordered the people to go and stay in different

12 houses in Korenica." So there's no discrepancy in what she said. She's

13 talking about two different events.

14 Is it right, Ms. Dedaj, that when you got to Meja-Orize, the army

15 stopped the convoy and ordered the people to go and stay in different

16 houses? Did that happen?

17 A. Yes. Yes. That happened after we'd spent a whole week on the

18 meadow. Then they ordered us to leave in the direction of Meja, just

19 before you get to Gjakove. And then they returned us once again to

20 Korenica. And at that moment, they said go and take up shelter in

21 different houses. So I went with my family to the house of Prend Markaj

22 and spent the time there from the 27th of April, around the 27th of April.

23 MR. MILOSEVIC: [Interpretation]

24 Q. All right. But even for this first part, where Mr. May says there

25 is no difference or discrepancy with respect to what you said, that you

Page 8086

1 remained in the field for a week, take a look at this penultimate

2 paragraph on page 2. "We got into tractors and cars and started out

3 towards Korenica. When we arrived in Korenica, the army and police

4 ordered the younger people, women and children, to stay out in the field

5 and the elderly and sick were sent to houses in the village. I was one of

6 the ones that we had to stay in the meadow. At night we were allowed to

7 go in the house."

8 So were you in the field, a meadow, for a week or were you outside

9 during the day and went to a house to sleep in at night? Is that right?

10 Because that's what it says here. So which of the two is correct?

11 JUDGE MAY: They could both be correct.

12 Did you spend the night in a house, Ms. Dedaj?

13 THE WITNESS: [Interpretation] Yes. During the whole week, in the

14 daytime we spent the time on the field whereas in the evening, we all went

15 into a house, all the village of Guska. Just in the evening, during the

16 night.

17 MR. MILOSEVIC: [Interpretation]

18 Q. All right. Now, tell me this: In the statement to the

19 International Crisis Group, you claim that during the time you were in

20 Korenica, you spent your time in the houses of Prend and Marko Markaj,

21 whereas in the statement which you gave to these investigators here, you

22 say that you spent the time in the house of Prend Markaj. Now, tell me,

23 who were you staying with in Korenica? Which is it?

24 A. In the house of Marjan Markaj, we spent the evenings. That was

25 during the week that we spent on the field. All of Guska was there.

Page 8087

1 During the night, we spent in that house. Whereas a week later, from the

2 5th of April on, when we returned there, up to the 27th, we spent our time

3 in the house of Prend Markaj. Whereas the house of Marjan Markaj, we were

4 only there in the evening for one week.

5 Q. And are you related to the Markaj family at all?

6 A. You mean my family?

7 Q. Are they relations of yours? That's what I asked you.

8 A. No.

9 Q. And did all the members of your family put up at Prend Markaj's

10 house?

11 JUDGE MAY: Well, really, Mr. Milosevic, this witness deals with

12 important events. These are trivial questions which you are asking. I

13 remind you, too, that your time is limited.

14 THE ACCUSED: It seems to me, Mr. May, that the main question here

15 is time.

16 MR. MILOSEVIC: [Interpretation]

17 Q. In your statement on page 3, paragraph 4, you say that from a

18 distance of 20 metres, you heard shots, and that when you looked behind

19 you, you saw men lying down on the ground. Is that right?

20 A. Yes. Once -- they ordered us to get out of our houses, and the

21 men remained there, whereas the women and children, we went out onto the

22 street, 20 metres away. We heard a volley of firing, shooting. And when

23 we got away, 20 metres away, there was another volley of shooting. And I

24 looked around to find out what had happened with my father and my uncle

25 and all the rest who we had left behind us, the nine men behind us in the

Page 8088

1 courtyard. They were all on the ground, and I'm sure that they were --

2 that they'd been murdered. But you would know that better than I do.

3 They left us without parents, without my uncle, without anybody.

4 Q. All right. However, in the statement you gave to the

5 International Crisis Group, you say that when you turned round, you saw

6 men falling down. You saw the men fall down. Now, which is true; did you

7 see them as they were falling or did you see them when they were actually

8 lying down, when they were on the ground?

9 A. I saw them lying on the ground, merely stretched out on the

10 ground. We -- they were asking for money. They were beating us and

11 asking for jewellery, and when we turned our heads back, we could see them

12 lying on the ground and had seen what had happened to them. They were

13 not --

14 Q. All right. You then say that when you turned round, you saw the

15 soldiers who were still shooting but not towards the bodies. That's what

16 you say. "I saw the soldiers who were still shooting but not towards the

17 bodies." So what were the soldiers firing at then?

18 A. While we were in the yard until we went out, they were always

19 firing in the yard. They were firing into the air always. But let me say

20 once again, because when we went, we went no more than 20 metres away.

21 They fired at them directly, and they were lying on the ground, and we saw

22 them lying on the ground.

23 Q. And tell me, what position were the soldiers in when you saw them

24 firing?

25 A. They were standing up and firing straight ahead.

Page 8089

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Page 8090

1 Q. And tell me, where are your relatives buried?

2 A. We found -- we found only three of them, only three members of the

3 Dedaj family. The others have disappeared. We don't know where they are.

4 That's my father, uncles. And there were 12 members of the Dedaj family

5 missing. We only found three; Mush, Gjok, and one other. And we found

6 them burnt in the house where they were. It was the house of the Berisha

7 family in Korenica.

8 Q. Were these three in the group that you described a moment ago?

9 A. No. They were -- they were not in the house where my -- they were

10 staying with a different family in Korenica.

11 Q. And where is your father buried?

12 A. I have not found my father. He has vanished. I don't know what

13 happened to him now for three years. We merely left them there on 27th of

14 April and have heard no more of them. They have disappeared.

15 Q. All right. Now, who were these people who you say were killed 20

16 metres away from you? I understood you to be speaking about your father

17 and your family. So who were these people, then, the people you claim

18 were killed by the soldiers when you were 20 metres away with your back

19 turned towards them? Did you know these people?

20 A. These people were my father, my uncle, and my cousin aged 16, and

21 six other members of the family who had been standing with the Markajs,

22 and Pjeter. They were members of my family who we left behind in the

23 yard. But I don't know any more. I merely saw them being shot at and

24 lying on the ground, but we have never found the bodies, and we don't know

25 what happened to them. We haven't found the bodies or anything. They

Page 8091

1 have just disappeared.

2 And you yourself know very well, because you did this. There's

3 nothing more I have to explain.

4 Q. All right. Tell me, did anybody survive this event that you've

5 described?

6 A. Only one. Only women and children. Only we survived. The men

7 who were -- stayed behind in Korenica, nobody knows what's happened to

8 them. There were 500 people, Meja, Korenica, Guska, all missing.

9 Q. All right. Tell me, please, how come in the statement that you

10 gave to the International Crisis Group you say that Anton Dedaj, 31 years

11 old, survived this event? Is that true or is that not true?

12 A. Yes, it's true. He was staying with another family from Korenica,

13 and he had luck and he survived. He was not where I was and my father and

14 uncle were. He was not in that house.

15 Q. All right. How did you know that he survived when you left

16 Korenica and when you joined the convoy?

17 A. I knew that when we went out into the convoy, we -- we all formed

18 a convoy, and this one who survived, he was with us. He was the only one.

19 Q. All right. Did he give a statement to the investigators or to the

20 members of the International Crisis Group? Do you know that?

21 A. No.

22 Q. Where is he now?

23 A. He's living normally in Guska with us. My cousin, Anton Dedaj.

24 Q. All right. Anton Dedaj. And the statement that you gave you the

25 investigators, you do not mention him at all. Why?

Page 8092

1 A. Well, I don't know. There is no pen that can describe the events

2 that have been -- that I've been through. I wrote about a lot. I have

3 talked about a lot. But this one survived.

4 Q. Was there any fighting between the KLA and the members of the army

5 and police?

6 JUDGE MAY: Where? In what context?

7 THE WITNESS: [Interpretation] No.

8 THE ACCUSED: [Interpretation] I am asking the witness, Mr. May, in

9 the context of the events that she has been testifying about.

10 JUDGE MAY: In Korenica at the time, or wherever it was that her

11 father was killed, are you suggesting there was fighting there?

12 THE ACCUSED: [Interpretation] Mr. May, I put the question very

13 clearly to the witness: Was there any fighting between the KLA and the

14 army and the police?

15 JUDGE MAY: You did not. Throughout the time that she has

16 described; is that what you're asking? You ought to clarify -- you ought

17 to clarify your questions.

18 THE ACCUSED: [Interpretation] When I carry out my

19 cross-examination, can I reach my point in a few questions or do I have to

20 explain it to you in advance? Is that my duty in terms of your job?

21 JUDGE MAY: Your duty is to ask questions which are clear for the

22 witness to answer. If you do not do that, you will be stopped. It's not

23 fair on the witness, and it's not fair for the Court if you don't clarify

24 what you mean, and you will be asked to do so.

25 Ms. Dedaj, you've in fact answered the question. You're being

Page 8093

1 asked if there was fighting.

2 Now, deal with it in this way: First of all, at the time that

3 this execution which you've described took place, which included your

4 father, was there any fighting with the KLA at the time?

5 THE WITNESS: [Interpretation] No. I never saw the KLA. There was

6 no KLA of any kind.

7 MR. MILOSEVIC: [Interpretation]

8 Q. All right. Did somebody shoot at you as you were leaving

9 Korenica?

10 A. At us women and children while we were walking, do you mean?

11 Q. Well, you claim that there was shooting all around. That's what

12 it says on page 3, paragraph 5. "There was shooting all round." So I

13 assume that since there was shooting all round, that there was some

14 fighting going on. I am asking you whether somebody shot at you too

15 because there was shooting all around you.

16 So was there fighting in Korenica? Because you say: "There was

17 shooting all around us."

18 A. No. There was no fighting between anybody, but there was always

19 shooting, uninterrupted, all along the road until we reached Gjakove.

20 There was always shooting. There were houses burning. The meadows were

21 full, the roads were full of men with bandannas, criminals. It was

22 terrible.

23 JUDGE MAY: Mr. Milosevic, you've got time for one more question.

24 MR. MILOSEVIC: [Interpretation]

25 Q. Do you know anyone who was a member of the KLA?

Page 8094

1 A. No, I don't know anybody.

2 JUDGE MAY: Yes. Mr. Wladimiroff, do you have any questions of

3 this witness?

4 No. No more questions.

5 THE ACCUSED: [Interpretation] I have an objection of an

6 administrative nature, please.

7 JUDGE MAY: Yes.

8 THE ACCUSED: [Interpretation] While responding to my questions,

9 the witness said that her mother and aunt, whoever, did not attend when

10 she gave her statements to your investigators, that she was by herself.

11 But on the first page of the statement, it says, where all the names of

12 all persons who attended the interview, it says, "Ana Dedaj, mother of the

13 witness."

14 JUDGE MAY: Yes.

15 THE ACCUSED: [Interpretation] So either your official did not

16 record the truth or the witness did not say the truth. I wish to draw

17 your attention to that, notably --

18 JUDGE MAY: Yes. You've done that.

19 Ms. Romano, have you any questions?

20 MS. ROMANO: Not for the witness, Your Honour. I just would like

21 to clarify and to point out for Your Honours that, contrary to what Mr.

22 Milosevic said, that the witness never mentioned Anton Dedaj in her

23 statement, if Your Honours can see at page 4 of the English version, she

24 makes -- she mentions at the second paragraph that: "My uncle Anton Dedaj

25 was released and joined us."

Page 8095

1 JUDGE MAY: Yes. Thank you.

2 MS. ROMANO: No further questions.

3 JUDGE MAY: Ms. Dedaj, that concludes your evidence. Thank you

4 for coming to the International Tribunal to give it. You are free to go.

5 THE WITNESS: [Interpretation] Thank you for inviting me.

6 [The witness withdrew]

7 JUDGE MAY: Yes, Mr. Milosevic.

8 THE ACCUSED: [Interpretation] What Ms. Romano explained just now

9 relates to subsequent events, when they were stopped on the road, whereas

10 my question was who had survived. So these are two completely different

11 things, and they pertain to completely different points in time.

12 JUDGE MAY: We can read the statements.

13 Can we have the next witness, please.

14 MR. SAXON: Good morning, Your Honours. The Prosecution will call

15 Ms. Merfidete Selmani. While we're waiting for the witness, I would just

16 like to point out that Ms. Selmani's evidence will be relevant to pages 9

17 and 10 in the Kosovo Atlas. And this next witness will also be testifying

18 related to the incidents described in paragraph 66i of the indictment.

19 JUDGE MAY: Let's just have the witness, please.

20 [The witness entered court]

21 JUDGE MAY: Yes. Let the witness take the declaration.

22 WITNESS: MERFIDETE SELMANI

23 [Witness answered through interpreter]

24 THE WITNESS: [Interpretation] I solemnly declare that I will speak

25 the truth, the whole truth, and nothing but the truth.

Page 8096

1 JUDGE MAY: Yes. If you'd like to take a seat.

2 Examined by Mr. Saxon:

3 Q. Miss, is your name Merfidete Selmani?

4 A. Yes.

5 Q. Ms. Selmani, were you born on the 3rd of April, 1983?

6 A. Yes.

7 Q. Were you born in the village of Dobros in the municipality of

8 Gjakove in Kosova?

9 A. Yes.

10 Q. Is the village of Dobros about ten kilometres to the north-west of

11 the city of Gjakove?

12 A. Yes.

13 Q. On the 7th of July, 2001, did you give a statement to a member of

14 the Office of the Prosecutor about the events that you witnessed and your

15 experiences in Kosovo during 1999?

16 A. Yes.

17 Q. On the 14th of March of this year, 2002, in Gjakove, did you

18 provide a short addendum to your statement of 7 July 2001?

19 A. Yes.

20 Q. And also on the 14th of March, 2002, in Gjakove, were you provided

21 with a copy of the statement that you previously gave and a copy of the

22 addendum in the Albanian language in the presence of a representative of

23 the Office of the Prosecutor and a presiding officer appointed by the

24 Registrar of this Tribunal?

25 A. Yes.

Page 8097

1 Q. And at that time, were you able to confirm that the copy of the

2 statement and the addendum were true and correct?

3 A. Yes.

4 MR. SAXON: Your Honours, I'm going to ask now that Ms. Selmani's

5 statement provided under Rule 92 bis be distributed to yourselves, to the

6 accused, and to the amici, and provided with an exhibit number, but I'm

7 not going to request right at this moment that it be admitted because

8 there are a few errors I would like to clarify with the witness.

9 JUDGE MAY: We have in fact got copies.

10 MR. SAXON: Very well. Perhaps if a copy of the Albanian version,

11 after it's marked, could be placed in front of the witness.

12 THE REGISTRAR: Document will be marked 265.

13 MR. SAXON:

14 Q. Ms. Selmani, last Friday, 12th of July, while speaking with myself

15 and other members of the Office of the Prosecutor, did you become aware

16 that there were a few errors in your statement?

17 A. Yes.

18 Q. Now, myself and the Judges are looking at the English version of

19 your statement, and on page 3 of the English version - and it's the same

20 page in the Serbian version - you describe how your family fled your home

21 and joined a convoy on the 14th of April, 1999. And in the third full

22 paragraph on that page, you say in your statement the following: "It was

23 a big convoy. We were in the middle, and we could not see the two ends."

24 And then there is a sentence that says, in English: "Police Pinzgauer,

25 dark blue vehicles, were among the convoy. They would drive every four,

Page 8098

1 five metres in the middle of the road."

2 My question for you, Ms. Selmani, is this: Were the police

3 Pinzgauers driving every four or five metres in the middle of the road?

4 A. No. Pinzgauers couldn't drive every four or five metres, but

5 there were -- there were tractors in the convoy.

6 Q. And where, if --

7 A. The Pinzgauers were distributed among every four or five tractors.

8 Q. All right. So just so that I'm clear, the Pinzgauers were amongst

9 the convoy. Every four or five tractors, there was a Pinzgauer?

10 A. Yes.

11 Q. So should that sentence on page 3 actually read: "Police

12 Pinzgauers, dark blue vehicles, were among the convoy. They were driving

13 in the middle of the convoy about every four or five tractors"? Would

14 that be correct?

15 A. Yes.

16 Q. Ms. Selmani, in the very next paragraph on the same page, the

17 first sentence begins with the following: "I have not heard the police

18 nor the soldiers cursing at the refugees."

19 On that day when you were in the convoy, were the refugees

20 verbally mistreated by the police and soldiers as the convoy passed them

21 by?

22 A. I don't know about the others, but I didn't hear. But when I was

23 with my family, there were -- there was cursing and mishandling in the

24 column of refugees, yes.

25 Q. Were these statements or cursing made by the police or the

Page 8099

1 soldiers to the refugees? Just yes or no.

2 A. The army and the police, both of them.

3 Q. What kinds of things did the police and the soldiers say as you

4 passed them by?

5 A. They said: "This is not your place. This is Serbia. Your place

6 is in Albania. Here, this is our country, and we're staying here because

7 this is Serbia."

8 Q. Ms. Selmani, do you understand the Serbian language?

9 A. No.

10 Q. Then how did you know what the police and soldiers were saying to

11 the refugees or to you and your family as you passed them by?

12 A. There were people, older people near me, with me, and they could

13 understand Serbian and they told me what they were saying.

14 Q. All right. So should that line on page 3, in the fourth paragraph

15 of your statement actually read: "The police and soldiers verbally

16 harassed the refugees"?

17 A. Yes.

18 Q. Ms. Selmani, on the next page of your statement, page 4, in the

19 third full paragraph, you describe how your family stopped for the day on

20 the 14th of April, 1999, in a place called Bistrazin after several

21 tractors were truck by bombs.

22 In the next paragraph - and this is the same page and the same

23 paragraph in the Serbian version - your statement says: "The next day,

24 between 8.00 and 8.30, I saw four men wearing civilian clothes, with a big

25 video camera." Is that line correct?

Page 8100

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Page 8101

1 A. No.

2 Q. When did those men with the video camera arrive, Ms. Selmani?

3 A. They arrived on the same day, on the 14th of April, in the

4 evening.

5 Q. So should that paragraph --

6 JUDGE MAY: I think, Mr. Saxon, you must let the witness describe

7 what the statement should say rather than you putting it into words.

8 MR. SAXON: Very well, Your Honour.

9 Q. On the same page of your statement, in the very last paragraph,

10 the paragraph begins: "At about 3.00 or 3.30 hours, we moved back to the

11 village with a tractor."

12 When did you and your family return to your village?

13 A. We returned to the village the next day at 8.00 p.m., around 8.00

14 in the evening.

15 Q. All right.

16 MR. SAXON: Your Honour, with those corrections, I will enter that

17 statement into evidence under Rule 92 bis.

18 JUDGE MAY: Very well. We'll have the exhibit number that it's

19 got already.

20 THE REGISTRAR: Prosecution Exhibit 265.

21 MS. ROMANO: Your Honour, Merfidete Selmani is a Kosovo Albanian

22 Muslim woman who was 16 years old when the events relevant to this

23 indictment occurred. She describes how she and her relatives fled their

24 village of Dobros for the first time in August 1998 when Serb forces

25 entered the village. Although one of Ms. Selmani's brothers, Shpend

Page 8102

1 Selmani, was a member of the KLA at this time, he quit the KLA one week

2 later. Eventually, Ms. Selmani reached the city of Gjakove, where she

3 stayed with relatives until late October 1998 when she returned to the

4 village of Dobros. Between October 1998 and April 1999, Ms. Selmani

5 noticed tanks and armoured vehicles patrolling the area around Dobros.

6 Ms. Selmani explains how on the 14th of April, 1999, Serbian

7 soldiers entered her village. Other villagers began to flee, and

8 Ms. Selmani and her family joined a long convoy heading towards the

9 direction of the village of Meja and the city of Gjakove. Dark blue

10 police vehicles were interspersed among the convoy. VJ soldiers were

11 deployed along the road. Although Ms. Selmani does not speak Serbian, a

12 person travelling with her understood the Serbian language and told her

13 that the police and soldiers were yelling at the people in the convoy,

14 saying things like, "This is Serbia."

15 After the convoy had passed the village of Meja, Ms. Selmani heard

16 a loud explosion from the direction of Meja. Eventually, Ms. Selmani

17 learned that bombs dropped from the air had struck a house in Meja. Her

18 convoy continued on and, after it had passed the city of Gjakove, near the

19 bridge at Bistrazin, Ms. Selmani heard a loud explosion and saw smoke

20 coming from the part of the convoy that was in front of her. When

21 Ms. Selmani and her family reached the place of the explosion, she saw

22 dead bodies and realised that tractors had been hit by bombs dropped from

23 the air. Ms. Selmani observed two white planes flying over the area.

24 Serb police arrived and told the people in the convoy that if they

25 wanted to continue towards Albania, the police would not protect them.

Page 8103

1 Ms. Selmani and her family decided to spend the night in a field close to

2 where the bombs had fell. At one point, Ms. Selmani saw a small child

3 sitting in the road, crying, close to a trailer that was still burning

4 from the explosion of the bombs. Ms. Selmani watched as two men in

5 uniform threw this child onto the burning trailer.

6 That same evening, four men dressed in civilian clothes arrived

7 with a video camera. These men spoke in the Serbian language, and they

8 recorded the scene with the destroyed tractors and the bodies of persons

9 who died in the explosion. The following morning, Ms. Selmani and her

10 family returned to their home in Dobros.

11 Early in the morning of 27 April 1999, Ms. Selmani saw Serb

12 policemen beating one of her relatives and another neighbour with rifle

13 butts. Ms. Selmani returned to her home and warned the young men there to

14 run away. Ms. Selmani's brother Shpend and a number of her male cousins

15 ran to hide in the woods near Dobros. Ms. Selmani and the rest of her

16 family joined a long convoy of people fleeing Dobros and moving in the

17 direction of Meja and Gjakove.

18 Serb policemen and soldiers were deployed along the route of the

19 convoy. At one point, shooting was heard from the direction of the woods,

20 and the group of young men ran out of the woods and got on board the

21 Selmani family's tractor. When the convoy reached the village of Madanaj,

22 Ms. Selmani's father gave her his identity card and other papers with

23 telephone numbers. He told Ms. Selmani that he didn't know what would

24 happen to him.

25 Before arriving in the village of Meja, the Selmani family passed

Page 8104

1 an Albanian policeman who they knew named Fazli Myrtaj. Mr. Myrtaj was

2 known to be close to the Serb authorities. Mr. Myrtaj told the Selmanis

3 that nothing was happening and that his tractor had broken down.

4 Just before reaching the village of Meja at about noon on the 27th

5 of April, Ms. Selmani saw Serb policemen at a checkpoint at the foot of a

6 hill close to a meadow. An elderly relative, Bajram Selmani, told

7 Ms. Selmani and her family that his son had been ordered to leave the

8 convoy and was detained in the meadow. When Bajram Selmani questioned

9 another Albanian policeman, Muharrem Jakupi, about what was happening to

10 his son, Muharrem Jakupi struck Bajram Selmani with his rifle butt and

11 injured his jaw.

12 When Ms. Selmani and her family reached the police checkpoint, two

13 policemen ordered a number of men off of her family's tractor and the

14 tractor in front of it. I wouldn't read all the names in the summary, but

15 these men included Ms. Selmani's father, Zenun Selmani, and Ms. Selmani's

16 brother Shpend Selmani.

17 As the men ran up a hill towards the meadow, Ms. Selmani saw

18 policemen beating them with rifle butts. Once the men reached the field,

19 they were forced to sit in a squatting position. Approximately 80 men

20 were already in the meadow and Ms. Selmani recognised several of them.

21 Ms. Selmani never saw any of these men alive again. After the war,

22 Ms. Selmani saw the body of Sherif Selmani whose body was discovered in

23 Meja.

24 The Serb forces ordered Ms. Selmani and the remainder of her

25 family to continue. At about 12.30 p.m., the convoy reached the village

Page 8105

1 of Orize, and there Serb forces ordered certain persons in the convoy to

2 collect money from the other Kosovo Albanians and hand it over to the

3 Serbs.

4 While in Orize, Ms. Selmani saw two policemen and two other men

5 with masks take a group of men dressed in civilian clothes behind a

6 school. After the group of men disappeared behind the school, Ms. Selmani

7 heard a number of gunshots.

8 As the convoy proceeded towards Gjakove, Ms. Selmani saw policemen

9 and soldiers deployed along the road. These forces cursed the people in

10 the convoy as they passed by. At one point, the Selmani family tractor

11 nearly hit a police vehicle. When the Selmanis told the policeman in this

12 vehicle that their relatives had been kidnapped in Meja, the policeman

13 told them not to worry, after their identities were checked, the men would

14 be released.

15 When the remaining Selmanis arrived in Prizren, policemen stopped

16 them. Aircraft, which Ms. Selmani believed belonged to NATO, were flying

17 overhead, and the police ordered the Selmanis to wait half an hour for the

18 rest of the convoy. When the convoy finally reached the border with

19 Albania, Serb policemen took identity documents from the people in the

20 convoy. Ms. Selmani crossed the border into Albania at about 7.00 p.m. on

21 the 27th of April, 1999. When she returned to Dobros in June 1999,

22 Ms. Selmani found her home damaged and looted.

23 JUDGE MAY: Yes, Mr. Milosevic.

24 THE ACCUSED: [Interpretation] Mr. May, is this witness a 92 bis

25 witness?

Page 8106

1 JUDGE MAY: Yes.

2 THE ACCUSED: [Interpretation] Well, then, according to your

3 ruling, the opposite side, when it's 92 bis, has five minutes, and I had

4 one hour and you cut that down to 45 minutes, yesterday even to 30

5 minutes. It's now 25 minutes, that is to say, five times longer than your

6 ruling stipulates without any warning from you, and I'm sure you're going

7 to caution me even before my time expires, the time allotted to me.

8 JUDGE MAY: Mr. Milosevic, that is true. Let me deal with that.

9 First of all, the Prosecution are entitled to make corrections where

10 that's necessary, or otherwise, the Court could be misled. So they're

11 entitled to do that.

12 I agree that the summary was slightly long. I'm sure the

13 Prosecution will have in mind that they're supposed to do it in five

14 minutes.

15 Yes. But there's no prejudice to you. Let's go on.

16 Cross-examined by Mr. Milosevic:

17 Q. [Interpretation] Your brother was a member of the KLA; is that

18 right?

19 A. Yes.

20 Q. According to what you say, he was deployed in Dobros, that is to

21 say in your own village; right?

22 A. Yes.

23 Q. How many members of the KLA were there in Dobros altogether?

24 A. I don't know.

25 Q. Well, roughly. I assume that your brother wasn't the only one

Page 8107

1 there.

2 A. I don't know the number.

3 Q. And what duties did your brother have within the KLA?

4 A. The -- my brother didn't carry out any duties to the KLA but

5 merely defended his own family.

6 Q. He had a uniform in the house and weapons too; right?

7 A. Yes.

8 Q. In August 1998, with other members of your family, you were in the

9 cellar of your house when, from your brother Shpend -- by your brother

10 Shpend you were informed that there were Serb forces in the village, as

11 you yourself say. Now, since when was your brother Shpend a member of the

12 KLA?

13 A. My brother had been a member of the KLA for a week. And I don't

14 know what function he had and what he did. And later he handed in his gun

15 and his uniform and lived a family life.

16 Q. The KLA had positions in Smoljica; right?

17 A. I don't know.

18 Q. Well, you mention that in your statement. How come you don't know

19 that now?

20 A. I don't know where they had their positions, whether in Smolica or

21 some other place.

22 Q. Well, you state that you knew that the KLA at that time left its

23 positions in Smoljica. How did you get to know about that and how far is

24 Smoljica from your own village?

25 JUDGE MAY: Let's just find this in the statement. Whereabouts is

Page 8108

1 it in the statement, Mr. Milosevic?

2 THE ACCUSED: [Interpretation] I'll look for it, Mr. May. Just a

3 moment.

4 MR. SAXON: If I can be of assistance, it's on page 2, Your

5 Honour.

6 JUDGE MAY: We've in fact got it. What the -- perhaps you can

7 help us with this: What the witness says, and this is in August 1998,

8 what the statement says is that during your fleeing during this period:

9 "I did not see any Serbian forces in the area, but I know that two days

10 before, KLA had abandoned the front line in Smolica."

11 Can you help us about that, as to what happened and what you knew

12 at the time?

13 A. I didn't know anything. I merely heard that they had left.

14 JUDGE MAY: Yes, Mr. Milosevic.

15 MR. MILOSEVIC: [Interpretation]

16 Q. And do you know that in the village of Smoljica, in May 1998 --

17 or, rather, let's go back a bit. You didn't tell me how far Smoljica was

18 from your own village.

19 A. I don't know.

20 Q. Well, is it the neighbouring village?

21 A. They are adjacent villages, but I don't know how far it is.

22 Q. Well, all right. But do you remember the event in May 1998 when

23 the KLA there waited for a vehicle with a medical team in it, which was

24 following orders from the Republic of Serbia and the health ministry and

25 was going around vaccinating the children from poliomyelitis? Do you know

Page 8109

1 about that event?

2 JUDGE MAY: Mr. Milosevic, we don't want a speech now. Do you

3 know anything about this vehicle in May 1998? Any incident involving it?

4 THE WITNESS: [Interpretation] No.

5 MR. MILOSEVIC: [Interpretation]

6 Q. And do you know about another event - because this is the

7 neighbouring village - on the 23rd of May, 1998, the KLA attacked a column

8 of the Yugoslav army precisely in Smoljica? Do you remember that event?

9 A. No. I've never heard of this.

10 Q. So you didn't hear about that. They were shooting from recoilless

11 guns, grenades and so on.

12 JUDGE MAY: She hasn't. There's no point asking these questions.

13 MR. MILOSEVIC: [Interpretation]

14 Q. And do you know about another event that took place at the end of

15 May, on the 29th of May, 1998, in fact, when in the area of your own

16 village the KLA attacked a column of the army and killed several soldiers,

17 three soldiers, in fact, they killed on that particular day and wounded

18 two others. Do you know about that occurrence?

19 A. No.

20 Q. Do you know about any event --

21 JUDGE MAY: What is the relevance of all this? Mr. Milosevic, she

22 has described the killing of people, and her own brother and father have

23 disappeared, in August 1999 and April 1999. Now, how does it help the

24 Tribunal to know about events in May 1998 in this particular context? A

25 year before. Now, the fact that there may have been events a year before

Page 8110

1 may or may not be relevant to the case as a whole, but this witness knows

2 nothing about it, and it does not assist in any way in dealing with her

3 evidence about what happened to her family when they were expelled. Now,

4 that's the relevant part.

5 Now, I have no doubt that your idea is to try and divert from the

6 evidence - that appears to be the case - to divert from the witness's

7 evidence and to try and point out the various crimes, as you allege,

8 committed by the KLA. But the fact that they -- and you must understand

9 this; the fact that they may have committed crimes does not justify the

10 crimes which are alleged to have occurred in this indictment. And a great

11 deal of time is being wasted by asking witnesses about these matters,

12 about which usually they know nothing.

13 Now, move to a time which is closer to the time with which we are

14 dealing.

15 THE ACCUSED: [Interpretation] It is my mistake, I assume, Mr. May,

16 if I ask a witness coming from a place where major crimes took place, ask

17 whether she knows anything about those crimes.

18 JUDGE MAY: The crimes long before. If the witness says that she

19 doesn't, then there is little point going on through a whole series of

20 them. Now, let's move on.

21 THE ACCUSED: [Interpretation] Well, how will I know whether she

22 knows anything about it or not, Mr. May, unless I ask her?

23 JUDGE MAY: You can put these matters, but you can put them very

24 shortly and not waste all the time which is wasted.

25 THE ACCUSED: [Interpretation] Very well, Mr. May. As far as

Page 8111

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Page 8112

1 crimes are concerned, as far as I'm able to gather, the witness here is

2 talking about just one major crime and that was the NATO bombing at the

3 bridge in Bistrazin.

4 JUDGE MAY: You better put that to her. You say it was a NATO

5 bombing; put that to her.

6 THE ACCUSED: [Interpretation] Of course that is my intention.

7 That is what I want to do, because that is what she describes and it is a

8 crime that is not challenged or in dispute and many people were killed

9 there. And as you don't want me to ask her anything about the activities

10 of the terrorist organisation which, according to her, her brother was a

11 member --

12 JUDGE MAY: Yes. Move on.

13 THE ACCUSED: [Interpretation] Very well. I'll skip over these

14 questions then.

15 MR. MILOSEVIC: [Interpretation]

16 Q. Now, you say that your brother Shpend followed you to Skivijane,

17 went with you, and that after that, he drove himself back to Dobros and

18 that he was wearing civilian clothing and that he had a rifle with him.

19 Now, apart from your brother, as an armed member of the KLA

20 wearing civilian clothing, in your group were there any other KLA members

21 of that kind?

22 A. I don't know.

23 Q. And did you see anybody except your brother with weapons of any

24 kind?

25 A. No, I didn't see anybody.

Page 8113

1 Q. And did you see anybody wearing a KLA uniform?

2 A. No, I didn't see anybody.

3 Q. You go on to say that your brother left the KLA seven days later,

4 that he handed over his weapons and caught up with you in Djakovica and

5 that you stayed there for two months. How do you know that he left the

6 KLA? Did he tell you himself?

7 A. Yes.

8 Q. What did he tell you with respect to his leaving the KLA?

9 A. He knew that when he -- when he came up to the family, I knew that

10 he had -- he had left the KLA and had decided to remain with his family.

11 Q. Did he tell you who he had given his weapon to and whether he gave

12 it up at all, handed it in?

13 A. No, he didn't tell me.

14 Q. All right. Now, you say that the situation in your village was

15 calm and quiet the whole time and that it was even quiet when NATO started

16 bombing Serbia. And then you go on to say that you heard the planes and

17 the flash of the explosions in the area of Cabrata. Do you mean Cabrata

18 in Gjakove? Is that the place you mean?

19 A. Do you mean Cabra?

20 Q. Well, you say Cabra, in the area of Sabrat [phoen] or Cabrat. Is

21 it Sabrat in Djakovica? Are you talking about that place?

22 A. Yes, Cabra is in Gjakove.

23 Q. And when was it bombed? When was Cabrat bombed? When was

24 Djakovica bombed?

25 A. I don't know when Gjakove was bombed, but as far as I remember, on

Page 8114

1 the 25th of March, in the evening, we saw these flashes. And I believe

2 that these flashes came from that direction.

3 Q. All right. In your statement, you go on to speak about the

4 forming of convoys and the departure from the village on the 14th of

5 April, 1999. And then you go on to say that the convoy headed in the

6 direction of Djakovica, and you talk about the airstrikes at the Bistrazin

7 bridge.

8 Do you know how many civilians died on that day in the NATO

9 airstrikes at Bistrazin?

10 JUDGE MAY: That presupposes, which is not the evidence the

11 witness has given, that this was a NATO bombardment.

12 Do you know who was responsible for this bombing or not,

13 Ms. Selmani?

14 THE WITNESS: [Interpretation] No, I don't know. We were unable to

15 tell whether it was from -- whether it was NATO or somebody else.

16 JUDGE MAY: So that is the state of the evidence as far as this

17 witness is concerned, Mr. Milosevic. If you've got some other evidence on

18 the point, you can call it before us, but meanwhile, there's no point

19 going on putting to this witness that it was due to NATO.

20 THE ACCUSED: [Interpretation] Mr. May, I think that this really is

21 senseless. Now, in your book, "As Seen As Told" --

22 JUDGE MAY: There's no point arguing about this matter. You've

23 heard what the witness said. If you've got some other evidence on the

24 point, of course you can call it, but I'm not going to allow you to ask

25 questions endlessly about something which witnesses know nothing about.

Page 8115

1 Now, you can ask some other questions if you want, of course.

2 THE ACCUSED: [Interpretation] Mr. May, I'm not saying this to the

3 witness, I'm saying it to you, because I consider that this is highly

4 improper, because in your book, it says: "Although NATO recognised --

5 acknowledged the bombing, it was only several days later that it took

6 responsibility for the bomb in Bistrazin." And that is what it says in

7 your own book.

8 JUDGE MAY: It may be.

9 THE ACCUSED: [Interpretation] It is so --

10 JUDGE MAY: It may be. But this witness knows nothing about that.

11 And at the moment, what you're supposed to be doing is asking the witness

12 questions, not arguing the whole time and trying to score points. You can

13 do all that. But what -- all the witness can talk about is what she knows

14 herself, and that is her evidence.

15 Now, we will adjourn now for 20 minutes.

16 Ms. Selmani, during the adjournment, don't speak to anybody about

17 your evidence, please, until it's over, and could you be back in 20

18 minutes' time.

19 THE WITNESS: [Interpretation] Thank you.

20 --- Recess taken at 10.30 a.m.

21 --- On resuming at 11.52 a.m.

22 JUDGE MAY: Yes.

23 MR. MILOSEVIC: [Interpretation]

24 Q. Please take a look at these three photographs. Is this the scene

25 that you saw?

Page 8116

1 JUDGE MAY: You're putting that to the witness, are you?

2 THE ACCUSED: [Interpretation] Yes. I'd like to have it put on the

3 overhead projector as well.

4 JUDGE MAY: Yes, you can do that. Yes.

5 MR. MILOSEVIC: [Interpretation]

6 Q. Please take a look at these three photographs. Are these the

7 scenes that you saw? These are photographs of the NATO bombing of the

8 convoy by Bistrazin.

9 A. I can see these photographs very well, but I don't remember. But

10 where they were, I don't know.

11 Q. Please show the other photograph as well.

12 A. It's the same here; I don't remember.

13 JUDGE MAY: And the third one.

14 THE ACCUSED: [Interpretation] All right.

15 THE WITNESS: [Interpretation] Also here; I don't remember.

16 JUDGE MAY: Very well. If they could be --

17 THE ACCUSED: [Interpretation] Could you please return that to me.

18 MR. MILOSEVIC: [Interpretation]

19 Q. Do you know, since you were there and you're from the municipality

20 of Djakovica, do you know that on the next day, the investigating judge

21 established and made public that 69 bodies of persons killed were found,

22 mainly old people and children. Are you aware of that?

23 A. No. I don't know.

24 Q. And do you know also that 43 wounded persons were brought to the

25 Djakovica hospital and Ali Tolaj [phoen], an Albanian surgeon, said that

Page 8117

1 the wounded had succumbed to their wounds as a consequence of the

2 explosion. Are you aware of what?

3 A. I'm not. I am not aware of what happened, where they carried them

4 and where they took them and what happened to these bodies.

5 Q. All right. After that event, you went towards Albania; is that

6 right?

7 A. No.

8 Q. Where did you go after that event?

9 A. That night, we slept there in those meadows, and 8.00 the next

10 evening we reached home, we returned back home.

11 Q. And how long did you stay at home?

12 A. We stayed at home until the 27th of April.

13 Q. All right. So on the next day, when you went back to your

14 village, did anybody stop you from doing that; the army, the police,

15 anyone?

16 A. I didn't understand that. Excuse me, can you repeat the question

17 again?

18 Q. After this event, you say that you spent the night outdoors, and

19 the next day you decided to go back home. Did you have any problems in

20 terms of returning home?

21 A. No. There was no problem in going home because, of course, they

22 had decided to eliminate all the men in our house on 27th of April, and

23 that is what happened in the end.

24 Q. Who decided to liquidate your men?

25 A. I don't know. You know better than I do. You know who did it.

Page 8118

1 Q. All right. I didn't see from your statement that your men were

2 liquidated. On the basis of what are you claiming that?

3 JUDGE MAY: That, in fact, was the question which you put,

4 Mr. Milosevic. So you may be confusing the witness. The word

5 "liquidated" was your word.

6 THE ACCUSED: [Interpretation] Oh, no. That's the word I heard in

7 the interpretation, Mr. May, and I used it. It is not my word, no. It is

8 the word that reached me through the Serbian interpretation. Everybody

9 can hear that, everybody who is listening to the Serbian interpretation.

10 JUDGE MAY: Let us move on.

11 MR. MILOSEVIC: [Interpretation]

12 Q. You speak about the event of the 27th of April, 1999. That is on

13 page 03031882, and this is the event dated the 27th of April, your

14 brother, Shpend, and Jonuz, Baki, Burim, and Nexhat Selmani, your

15 relatives, and Nijazi and Zenun and a certain Ismet went to hide in the

16 woods. That's what you say here. Is that right?

17 A. Yes.

18 Q. And now, please answer the following question: In addition to

19 your brother Shpend, these persons that you enumerated, were they also

20 members of the KLA?

21 A. They were not members of the KLA. They were in civilian clothes,

22 unarmed. And when I went out, I saw them beating my uncle with rifle

23 butts, and I turned, and out of fear that such a thing could happen to

24 them, I --

25 Q. I don't understand. Who beat your uncle when you went out?

Page 8119

1 A. It was my uncle and nephew who were beaten by four policemen, four

2 Serbian policemen. It was not my uncle on my father's side but on my

3 mother's side.

4 Q. All right. I heard uncle on the father's side in the

5 interpretation, and that's why I used that word when speaking myself.

6 I asked you about the group in which your brother was and that

7 went into the woods on the 27th of April. You claim that all of them were

8 civilians, that all of them were unarmed. Only your brother was a member

9 of the KLA. The rest were not members of the KLA. That's what you say.

10 And now, further on, you say that in the woods there was shooting

11 and that your father went to the woods to find the young men who had fled

12 from your home.

13 My question is the following: Who was shooting at who in the

14 woods? Was there some fighting going on in the woods between the army and

15 the KLA?

16 A. These people who went out into the woods were unarmed, and the

17 Serbian police and army fired at them. If they had had weapons, they

18 would have fought, and they wouldn't have come out of the woods alone.

19 But they came out of the woods and joined the convoy with the members of

20 their families.

21 Q. All right. You say that these young men got out of the woods,

22 they joined the convoy. I understood from what your statement says that

23 they joined you on your tractor and that your father was walking alongside

24 the tractor. How did they change their decision? First they went into

25 the woods to seek shelter there and then they returned to join you. Did

Page 8120

1 they tell you why they changed their minds?

2 A. Because they had been chased there by the Serbian army and police,

3 and they were forced to get out of the woods to join the convoy.

4 Q. Tell me, please, since they were youngish people -- at any rate,

5 they were much younger than your father; right?

6 A. Yes. It was Nexhat, 15 years old, and he has now disappeared. He

7 vanished at Meja on the 27th of April, and nothing knows -- nobody knows

8 what happened to him.

9 Q. And tell me, since they were younger and they were on the tractor

10 and you say that your father walked by the tractor, why were they on the

11 tractor and your father, who is older than they are, walked by the

12 tractor? Is there a reason for that?

13 A. My father was not so old that he couldn't walk. And there were so

14 many people, civilians, in the convoy that a tractor could not hold the

15 entire family and some people had to walk alongside and some travelled on

16 the tractor.

17 Q. Further on, you say that at the police checkpoint, 18 persons,

18 including your father and your brother Shpend, were kept there, or,

19 rather, they were ordered to disembark from the tractor, and then you

20 mention their names; is that right?

21 A. That's the truth.

22 Q. All right. And then you say that the International Red Cross

23 Committee has registered them as missing persons. Do you allow for the

24 possibility that, after having been identified and after having been

25 checked out, they were released and that, after that, they joined the KLA

Page 8121

1 again?

2 A. No, that's not possible. We reported them to the Red Cross as

3 missing persons, but we don't know what happened to them, where they are,

4 whether they're alive or dead or where they're being kept.

5 Q. On page 03031884, in the last paragraph: "I saw that the

6 policemen near a place Tyrbe," or Trbe - I don't know how you pronounce it

7 - "talked to you, said to you that you should not be afraid for them

8 because they would be released once their identity is established." So do

9 you allow for the possibility that later they joined the KLA or perhaps

10 they were killed in the bombing?

11 JUDGE MAY: She said no in answer to that question, and she can't

12 speculate any further.

13 THE ACCUSED: [Interpretation] All right.

14 MR. MILOSEVIC: [Interpretation]

15 Q. You mention the village of Orize and what happened there when you

16 saw 15 men and two policemen. And then you say, I'm quoting you: "I did

17 not see these 15 men being shot at, but I think they were killed."

18 Who were these 15 men? Do you know them?

19 A. No.

20 Q. And on the basis of what do you think that they were killed,

21 although you yourself say that no one was shooting at them.

22 A. I didn't say that they didn't fire at them, because I heard the

23 gunshots. But you couldn't see them. And still today, their relatives

24 are looking for them as missing persons. They don't know what's happened

25 to them.

Page 8122

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Page 8123

1 Q. All right. In connection with what you said, that in Bistrazin

2 the next day, you saw four civilians with a big video camera who were

3 recording scenes there, did they talk to someone as well?

4 A. No. I heard them speaking Serbian among themselves, but I didn't

5 see them talking to anyone else there, no.

6 Q. In your statement, you say that when you returned to your house,

7 you realised that it had not been looted; is that right?

8 A. Could you repeat the question, please? I didn't understand you.

9 I didn't understand what you were saying.

10 Q. When you returned to your house in Dobros, after that event by the

11 place called Bistrazin, you released that your house had not been looted;

12 is that right?

13 A. My house hadn't been burnt, but it had -- but the other houses had

14 suffered. They were on fire and there was smoke rising from them.

15 Q. All right. I'm asking you whether your house had been looted.

16 A. Yes, it was.

17 Q. And why did you write down here that your house had not been

18 looted? Is it in the penultimate line, page 4. "When we arrived in

19 Dobros, our house had been damaged but not looted. The livestock --"

20 JUDGE MAY: It may be there is a misunderstanding about the

21 occasion that she's being asked about.

22 Do you follow that? It may be that you're being asked about the

23 first time, not when you came back from Albania.

24 THE WITNESS: [Interpretation] On the 13th of April -- on the 14th

25 of April we're talking about, aren't we?

Page 8124

1 JUDGE MAY: What was the position then, yes. How was the house

2 then when you came back?

3 THE WITNESS: [Interpretation] It was looted, and it was broken

4 into.

5 MR. MILOSEVIC: [Interpretation]

6 Q. All right. Do you know anything about who it was that looted all

7 sorts of Albanian houses in Northern Albania where there are no Serbs?

8 A. I didn't understand the question. Sorry.

9 JUDGE MAY: Do you know anything about -- you're being asked about

10 Northern Albania. Do you know anything about that, about the looting of

11 houses there? It may be that you don't.

12 THE WITNESS: [Interpretation] I don't know, no.

13 MR. MILOSEVIC: [Interpretation]

14 Q. All right. Tell me about the meeting with the Albanian. You say

15 that Fazli Myrtaj is his name, 65 years old, a local policeman from

16 Sheremet. You don't remember his brother's name; it doesn't really

17 matter. Did you know him from earlier on, this local policeman? Did you

18 know him?

19 A. Yes, but not as a policeman. I knew him just as an individual.

20 Q. And here you mention him as a policeman; is that right?

21 A. He was probably forced to put on a police uniform by the Serbs,

22 Serb forces, and to work for them. But I don't know exactly what purpose

23 was behind it.

24 Q. All right. Do you know any other Albanian who was a local

25 policeman there or only him? Was he the only one?

Page 8125

1 A. I know of this one, but I don't know of any others. I don't

2 remember.

3 Q. All right. You say on page 5: "I know that Mush Jakupi and his

4 sons were local policemen, Albanians. And also from Hila, Djakovica loyal

5 to the Serbian regime. That's what it says here in your statement. Mush

6 Jakupi and his sons. And you say they were loyal to the Serbian regime.

7 How does that correspond to what you've said just now, that they were

8 forced to wear a uniform?

9 A. The sons of Mush Jakupi, that's true. They -- I think they were

10 from Osek. I didn't know them very well. But the older people who had

11 met them said at that time when we were being expelled by Serb forces from

12 our homes, they would expel us from our homes or they would send us back,

13 they would do whatever they wanted, and these persons were known as

14 collaborating with -- as having collaborated with Serb forces at the time.

15 Q. So Albanians who were local policemen, it is your claim that they

16 were the ones who expelled you from your houses and then returned you

17 there; is that right?

18 A. They didn't come personally to expel us from our houses. It was

19 military and police -- Serb military and police forces who expelled us.

20 Q. Since you said a short while ago that they expelled you and

21 returned you, they didn't do it personally, they sent the Serb army and

22 the police to do that. Was that their role?

23 A. I don't know.

24 Q. All right. Thank you very much.

25 JUDGE MAY: Mr. Wladimiroff?

Page 8126

1 MR. WLADIMIROFF: No questions, Your Honour.

2 Re-examined by Mr. Saxon:

3 Q. Ms. Selmani, Mr. Milosevic asked you whether you were aware that

4 an investigating judge had established that 69 bodies of persons who were

5 killed at the bridge at Bistrazin were found, and your answer was no.

6 To your knowledge, did any Serb authorities investigate what

7 happened to your father, to your brother, to the other Kosovo Albanian men

8 who disappeared at Meja on the 27th of April?

9 A. They disappeared on the 27th, and we don't know anything about

10 what happened to them. We asked the accused to -- as responsible, about

11 what had happened to them, but we still don't know. We haven't had any

12 information about what happened to them, about where they could be or

13 where they're being held. We've been asking now for years, for a couple

14 of years, to find out what happened to them but we haven't been able to

15 find out anything.

16 Q. Ms. Selmani, the accused asked you whether you thought it was

17 possible that the men who you last saw in that meadow at Meja had been

18 released and joined the KLA or had been killed in the bombing. My

19 question for you is this: On the 27th of April, 1999, as you passed that

20 meadow near Meja and you saw your relatives being beaten as they ran up

21 towards the meadow, and forced to squat down there, did you see or did you

22 hear any bombs falling?

23 A. No.

24 Q. Did you see any KLA soldiers that day?

25 A. No.

Page 8127

1 MR. SAXON: Thank you. I have nothing further.

2 JUDGE MAY: Ms. Selmani, that concludes your evidence. Thank you

3 for coming to the International Tribunal to give it. You are free to go.

4 THE WITNESS: [Interpretation] Thank you

5 [The witness withdrew]

6 JUDGE MAY: Ms. Romano, before we dealing with the next witness,

7 there is one ruling which I want to give. It concerns the witness Mr.

8 Radojkovic.

9 Mr. Ryneveld, yesterday, asked us to consider whether that witness

10 could give evidence by way of Rule 92 bis, that is by way of a written

11 statement. I take it he would have conceded the cross-examination. But

12 in any event, we've considered the matter and, given the nature of his

13 evidence, we do not think it appropriate, and he should be called live.

14 If you would pass that on, please.

15 MS. ROMANO: I will, Your Honour. And the other one -- I think

16 the other witness that was mentioned, Karleusa, he will be taken live.

17 JUDGE MAY: Yes. Very well.

18 MS. ROMANO: Your Honours, the next witness is K31, and I think we

19 have an order for closed session.

20 JUDGE MAY: You have an order for closed session. Unless there

21 are any other matters which should be dealt with in open session, we will

22 go into closed session.

23 MS. ROMANO: Thank you.

24 [Open session]

25 [The witness entered court]

Page 8128

1 WITNESS: WITNESS K31

2 [Witness answered through interpreter]

3 JUDGE MAY: Let the witness take the declaration.

4 THE WITNESS: [Interpretation] I solemnly declare that I will speak

5 the truth, the whole truth, and nothing but the truth.

6 JUDGE MAY: Yes. If you'd like to take a seat.

7 I'm sorry, what?

8 THE ACCUSED: [Interpretation] I said can I ask a question,

9 Mr. May, before Ms. Romano starts the examination?

10 JUDGE MAY: Very briefly, because we need to get on.

11 THE ACCUSED: [Interpretation] Just briefly, yes. It has to do

12 with Witness K31, because the opposite side, in its motion of the 29th of

13 May, explained that it was a woman, (redacted),

14 and it says that there was a sexual offence that was concerned. But when

15 I read out the statement, this has nothing to do with a sexual assault or

16 offence. So I'm asking you, why are we in closed session? Why is this

17 witness a protected witness, and can you explain to me the reasons for

18 your decision to hold a closed session?

19 JUDGE MAY: We will hear the statement read out, and if there is

20 any issue arising, we will consider it.

21 MS. ROMANO: Your Honours, maybe I will be able to clarify. In

22 fact, there are two statements, and the sexual assault, it's contained in

23 the second statement, and both were disclosed to the accused.

24 JUDGE MAY: Yes.

25 MS. ROMANO: Should I proceed?

Page 8129

1 JUDGE MAY: Yes.

2 MS. ROMANO: I would like to show the witness this document. If

3 the usher can distribute also. This is a one-page document containing the

4 name of the witness and date of birth.

5 Examined by Ms. Romano:

6 Q. Witness, can you please review the piece of document that is in

7 front of you, and can you read, but without saying your name, can you

8 confirm if this is your name and your date of birth.

9 A. That is my name, my place of birth, and K31 written on it.

10 Q. Thank you, Witness. So during all the proceedings, you will be

11 referred to by this number, K31. Do you understand that?

12 A. Yes, I understand you.

13 MS. ROMANO: The Prosecution would like to submit the document

14 into evidence and under seal.

15 THE REGISTRAR: Prosecution Exhibit 266.

16 MS. ROMANO:

17 Q. Witness, you gave two statements to the Office of the Prosecutor.

18 One on the 12th of March, 2002, and the second one on 12th of -- no, I'm

19 sorry. The first one on 16 October 1999, and the second one on 12 March

20 2002. And -- yes?

21 A. Yes.

22 Q. And in the second statement, you add information about what

23 happened when you took your brother to the school (redacted) after he had

24 been shot, and you left him at the hospital and stayed there. That's

25 correct?

Page 8130

1 A. Yes.

2 Q. Witness, you also attended a meeting with a representative of the

3 Registrar, and at that meeting you had the opportunity to review both

4 statements, and you had the statements read out to you in the Albanian

5 language or you read them, and at that time, you confirmed that the

6 contents of your statements, both, are correct and true?

7 A. Yes, that's true.

8 MS. ROMANO: Might the statements both be tendered into evidence,

9 Your Honours?

10 JUDGE MAY: Yes. We will have the exhibit number.

11 THE REGISTRAR: Prosecution Exhibit 267, which will be kept under

12 seal.

13 MS. ROMANO: The witness is a (redacted) female Kosovo Albanian

14 Muslim from the village of (redacted)in the municipality of (redacted).

15 She's one of (redacted) children. Her father, (redacted), brother

16 (redacted), and sister (redacted) were killed in (redacted) 1999 by Serb

17 On (redacted) 1999, (redacted), the witness and her family was awoke

18 by her mother who had heard gunfire nearby. They dressed and headed

19 towards the mountains. A total of 16 people. They remained in the woods

20 and after a time, (redacted) left to check if the road was

21 clear. He was shot. The remainder of the group headed further into the

22 woods and later that day, Serb troops approached them on foot. Her father

23 and brother, in an attempt to escape, ran in different directions. The

24 remainder of the group was shot at but none were -- but none injured. The

25 witness recognised one of the soldiers. He went in the direction of her

Page 8131

1 father, had taken. Later, she heard shots.

2 As the soldiers approached, the witness's brother (redacted) and sister

3 (redacted) were shot at. Her sister died ten minutes later. The group

4 were allowed to leave. The witness carried her injured brother to the

5 school in the village. They had to leave the dead girl where she died.

6 From the school, the witness and her brother were taken to (redacted)

7 in an APC. From there, they took another military vehicle to the hospital

8 in Pristina. En route, she was threatened with being thrown into a river

9 by a soldier in the APC. In this vehicle, she was handcuffed and

10 repeatedly assaulted.

11 At Pristina hospital, her brother was taken from her and she was

12 taken to a dark room in the basement when -- where there was between 10

13 and 15 other young Kosovo Albanian women, one of whom informed her they

14 had been brought there to be raped.

15 A short time later, a soldier entered the room and selected the

16 witness by torchlight, and he and two other soldiers took her to another

17 basement room. In the room, she was forced to drink something

18 bitter-tasting by one soldier while the other two were guarding the door.

19 The drink affected her eyesight temporarily. In the room, she was

20 viciously raped and assaulted by this first soldier, and when she was

21 finished, he wiped his penis on her shirt, smearing her with blood.

22 After this, one of the soldiers guarding the door entered the room

23 and raped the woman twice. The third soldier entered and sat on her

24 stomach. After this, she lost consciousness and awoke some time later.

25 She went to the fifth floor of the hospital where she found her

Page 8132

1 brother and managed to remain with him for the next two weeks, evading

2 capture or being seen by hiding in the toilets and in her brother's bed.

3 On leaving the hospital, she checked the room where the other women were

4 held, but there was nobody there.

5 The witness first travelled to her aunt's house (redacted) with

6 her brother and then to her village (redacted) after 23 days of absence.

7 She learned

8 THE INTERPRETER: Could Ms. Romano please slow down.

9 MS. ROMANO: I'm sorry.

10 She learned the bodies of her father and brother were found close

11 to where she last saw them. She states the reason she did not tell about

12 the rape, that it was because of the shame associated with such an offence

13 in the Muslim culture, and also she believed her family has suffered

14 enough with the loss of her father, brother, and sister.

15 Can the usher please show the witness Exhibit 18.

16 Q. Witness --

17 MS. ROMANO: Can you put it on the ELMO, please.

18 Q. Witness, this is a set of photographs with men with uniform.

19 A. Yes.

20 Q. Can you please point to the ones, if you can recognise any of

21 them, that you saw in the hospital and the ones who took you to the room

22 and raped you.

23 A. Yes.

24 Q. Can you point to the Court, please.

25 A. Number 3 and number 9.

Page 8133

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Page 8134

1 Q. How many of them that were in the hospital?

2 A. There were a lot of them in the hospital, but I would just count

3 three.

4 Q. Okay. Thank you, Witness.

5 MS. ROMANO: No further questions, Your Honour.

6 JUDGE MAY: Yes, Mr. Milosevic.

7 Cross-examined by Mr. Milosevic:

8 Q. [Interpretation] I'll begin at the beginning, and I'm not aware of

9 the end because I haven't got that second statement, but I think that what

10 I have heard suffices and that I can challenge it in its entirety.

11 You gave a statement in 1999, and your second statement you gave

12 in 2002; is that right?

13 A. Yes.

14 Q. How did you get the idea of giving another statement three years

15 later?

16 JUDGE MAY: It's not three. One year. 1999 and 2000; it's a year

17 later.

18 THE ACCUSED: [Interpretation] I heard 2002.

19 JUDGE MAY: You are quite right. It was October 1999 and March

20 2002. So two years and a bit.

21 Yes. Yes, Ms. Romano.

22 MS. ROMANO: Your Honours, just to clarify, the second statement,

23 the English version was disclosed on the 23rd of April this year --

24 JUDGE MAY: Yes.

25 MS. ROMANO: -- and the B/C/S on the 19th of June. But if the

Page 8135

1 accused needs, we can provide a B/C/S version.

2 JUDGE MAY: The accused is apparently prepared to go on as it is.

3 Yes. You're quite right. Two and a half years later.

4 So what you're being asked is how did it come about that you came

5 to make the second statement?

6 THE WITNESS: [Interpretation] This happened because when I gave

7 the first statement, I was with my family, but -- and I had never told my

8 family that I had been raped. I kept it to myself. And when they came to

9 make a statement with my family, I didn't say. But when they came and

10 took me to one side, I was able to talk about it when we were in private

11 with them, because I was not able to tell anybody. I had to keep it to

12 myself. And nobody in my family knew that I had been raped. But later,

13 two and a half years later, I told only my mother.

14 MR. MILOSEVIC: [Interpretation]

15 Q. Please. Let's take a look at your first statement. Would you

16 take a look at it, please. Just the second half of the statement, in

17 fact. On the one but last page, you say: "My sister stayed in the forest

18 where she was killed. I left with my mother, carrying my unconscious

19 brother to the village school. From the school in (Redacted), they took us

20 in a Serbian armoured personnel carrier." And then you say that: "Along

21 the way, the soldiers stopped the APC on a bridge in front of the main

22 road, and they took me out of the vehicle, and I was told to jump into the

23 river, which I refused to do. One of the soldiers took his knife and put

24 it on my throat. There was already blood on the blade. At the same time,

25 the soldiers asked for my uncle. My answer was that I don't know anything

Page 8136

1 about him. Then the soldiers tried to throw me by force into the river,

2 but I succeeded to struggle by keeping my hands on the armature that was

3 on the bridge. After a while, I was ordered back to the APC and I was

4 taken to (redacted) with my brother."

5 Therefore, a group of soldiers tried to throw you into the river,

6 but as you were holding on firm to the armature, you succeeded in

7 defending yourself, and they then took you back to the APC and took you to

8 hospital with your brother. Is that what you said?

9 A. That's right. If they had used greater force, they might have

10 been able to throw me in the river. But because they didn't really want

11 to do that, they used some very bad language and grabbed me by the hair.

12 My hands were tied. After they didn't push me in the river, they tied my

13 hands and put me in the APC.

14 Q. Did they want to throw you into the river or did they not want to

15 throw you in?

16 JUDGE MAY: She can't answer that. She can only say what actually

17 happened.

18 MR. MILOSEVIC: [Interpretation]

19 Q. All right. Are you saying that this group of soldiers who wanted

20 to throw you into the river didn't succeed in throwing you into the river

21 because you were holding on to the rail? Is that what you're saying?

22 A. I said I managed to hold on with what strength I had. But if they

23 had tried harder, they could have thrown me in the water. But when they

24 saw that I was resisting, they tied my hands and put me in the APC.

25 Q. All right. It seems completely unbelievable, doesn't it, K31,

Page 8137

1 that a group of soldiers wasn't able to throw you into the river when they

2 had a mind to?

3 JUDGE MAY: That is a comment.

4 MR. MILOSEVIC: [Interpretation]

5 Q. Now, the question is: Does it seem to you to be quite

6 unbelievable, K31, that a group of soldiers was not able to throw you into

7 the river if they really wanted to? Doesn't it seem unbelievable?

8 JUDGE MAY: It is a comment, Mr. Milosevic. This is what the

9 witness said happened.

10 THE ACCUSED: [Interpretation] Very well.

11 MR. MILOSEVIC: [Interpretation]

12 Q. Now, in this first statement of yours, after the paragraph that I

13 read out, it says in the last sentence that your brother was treated 12

14 days. Now I heard from the summary read out by Ms. Romano that you say he

15 was treated for 14 days. How long was your brother in hospital for? How

16 did you -- how long did you spend in hospital with your brother? Was it

17 12 days or 14 days?

18 A. Well, 12 to 14. It was something like that. Ten, 13; I can't say

19 exactly how many days because this was three years ago, and maybe I've

20 forgotten one day. I was traumatised. I could only say what I remembered

21 when I gave my statement. It could be 12 or 13 or 14.

22 Q. Well, all right. Three years later, you weren't traumatised. So

23 you ought to be able to remember the number of days; is that right?

24 JUDGE MAY: Does it really matter whether it was 12 or 14?

25 There's no need to answer that. You've answered it.

Page 8138

1 THE ACCUSED: [Interpretation] It does matter, Mr. May, because

2 she's not telling the truth at all.

3 MR. MILOSEVIC: [Interpretation]

4 Q. And I'm going to read the penultimate paragraph now of your last

5 sentence: "At Pristina hospital, I was alone with my brother. There was

6 only water available, but nothing else. My brother was offered thin

7 slices of bread, but I didn't get anything."

8 Are you saying that they did not feed the patients in hospital,

9 that they would withhold food to the patients, in Pristina at that, in the

10 Pristina hospital?

11 A. In Pristina hospital, they gave Serbs as much to eat as they

12 could, but they gave me nothing, and they only gave my brother some thin

13 slices. And we didn't even dare go outside to buy anything. And we

14 survived in -- with water and a few biscuits I found in the corridor.

15 Q. All right. The main thing is for me to hear what you're saying,

16 what you're asserting. And you're now asserting that in the Pristina

17 hospital, they provided the Serbs with food but deprived the Albanians of

18 food. Is that what you're saying?

19 A. They only gave Albanians two or three very, very thin slices of

20 bread. And they took us Albanians high up to the fourth and fifth floors

21 and kept the Serbs down below because the Serbs were frightened of the

22 NATO bombing.

23 Q. All right. Let's be quite precise here. They would just give you

24 two thin slices of bread, to the Albanians, whereas they supplied the

25 Serbs with normal amounts of food. And you only got two thin slices of

Page 8139

1 bread at the hospital in Pristina. Is that what you're saying? Is that

2 what you're claiming?

3 A. They didn't give me anything. They merely gave my brother a

4 little bit.

5 Q. All right, for your brother, then. So to a patient in the

6 hospital. And what you're saying is that they didn't give the Albanian

7 patients any food at all except those two thin slices of bread. Is that

8 what you're saying? At the Pristina hospital, at this point in time;

9 right?

10 A. Perhaps those of us had money they gave a bit more, even if we

11 weren't Serbs, but they didn't give me anything at all.

12 JUDGE KWON: Just for clarification, Witness K31, at the hospital

13 were you hiding at the time so that's the reason you didn't get any food?

14 THE WITNESS: [Interpretation] I was down in the basement, and I

15 went upstairs, looking for my brother, and I stayed with him. And they

16 saw me when I was staying with my brother, but they didn't give me

17 anything to eat.

18 JUDGE KWON: Thank you.

19 THE WITNESS: [Interpretation] And often I asked for food, but they

20 wouldn't give me any.

21 MR. MILOSEVIC: [Interpretation]

22 Q. All right. Now, you say that they saw you and that they didn't

23 give you food, and that often you even asked for food but they wouldn't

24 give you any food. And a short while ago, you said that you were hiding

25 all the time so that no one would see you so they wouldn't rape you again.

Page 8140

1 Please, why are you lying?

2 JUDGE MAY: No. That's not a fair basis for putting the question.

3 Have you told us the truth or not?

4 THE WITNESS: [Interpretation] I'm telling the truth. I'm not

5 lying to you. But I was not raped by any of the civilians, the doctors or

6 people at the hospital. I was raped by people in uniform, and when they

7 came, I hid.

8 MR. MILOSEVIC: [Interpretation]

9 Q. All right. Didn't you state a short while ago that you were

10 hiding all the time, either in your brother's bed or in some toilets or I

11 don't know where? That's what you said. That's what's recorded here in

12 the transcript. And now you are saying that you were not hiding, that you

13 asked them for food, that they saw you and that they didn't give you food,

14 et cetera. So were you hiding or were you not hiding?

15 A. I was only hiding from people in uniform.

16 Q. Well, what were people in uniform doing in patients' rooms in

17 hospitals? What were they doing in patients' rooms at all, men in

18 uniform?

19 A. These uniformed men changed every day and came regularly and

20 patrolled all the wards and asked where we were from.

21 Q. All right. Are you claiming, then, that these soldiers in uniform

22 - a short while ago you showed us one in a helmet - that these soldiers

23 in uniform, in front of the doctors, because as you know, in the Pristina

24 hospital doctors are Serbs, and Albanians and Muslims and others, so in

25 front of the medical staff, the nurses, the orderlies, et cetera, they

Page 8141

1 took you by the hand, took you to the basement in order to rape you? Is

2 that what you claim happened at the Pristina hospital?

3 A. No. It didn't happen like that. I wasn't grabbed by the doctors

4 but by these people in uniform who brought me from (redacted) to Pristina.

5 I was never bothered by the doctors. They checked my brother every now

6 and then. But I was raped in the basement by young men in uniform. And

7 when I came to, I didn't know what had happened. The doctors never

8 bothered me at all, ever.

9 Q. I never said that the doctors raped you. I asked you whether it

10 is your claim that these men in uniform, before the eyes of the doctors

11 and the nurses and the other staff in the overcrowded hospital, that these

12 men took you downstairs into the basement to rape you. Is that your

13 claim? Just say yes or no.

14 A. No. They took me and took me down to the basement. The doctors

15 were upstairs in their own quarters. But they took me to the basement.

16 And I don't know where the doctors were, I didn't see them at that time.

17 Q. Let me just end what I've been quoting. It is sad that the other

18 side resorts to such things.

19 You say that your brother was given thin slices of bread. We

20 established that. You claim that Albanians were not fed except for

21 receiving thin slices of bread and that Serbs ate properly, that is your

22 claim. And then you say: "Sometimes other patients gave me food as well,

23 but on other occasions, I had just to take from the others. All Albanian

24 patients were on the third floor --" and awhile ago you said on the fifth

25 and fourth floor -- "and the Serbian patients were on the first and second

Page 8142

1 floor because the personnel were afraid of NATO bombings. I could not

2 leave the hospital because I was told that I would not be able to enter

3 the hospital again."

4 So if on the -- if you're on the second floor, you are safe from

5 the bombing, and if you're on the third floor, then you'll get killed by

6 the bombing. Is that something that was explained to you in the hospital?

7 What kind of rule is this? Who explained this to you?

8 A. Nobody explained it to me, but I saw it myself that they took some

9 people and took them up, and they -- and they kept the Serbs down below.

10 And they told the Albanians, "You've got nothing to do down there, you get

11 downstairs." And they didn't give us hardly any bread and they didn't

12 give me any at all.

13 Q. So do you claim that in the Pristina hospital, in the Pristina

14 hospital Serbs and Albanians who were patients were divided according to

15 floors and that on the floor where they were Albanian patients, there

16 weren't any Serb patients, and where the Serb patients were, there weren't

17 any Albanian patients on that floor? Is that what you're claiming? Just

18 say yes or no.

19 A. I'm telling you --

20 MR. NICE: Your Honour --

21 A. -- but it's not like -- the Albanians were on the higher floors

22 and the Serbs were down on the lower floors. And the doctors decided on

23 that.

24 JUDGE MAY: Yes, Mr. Nice.

25 MR. NICE: Forgive my interrupting you. It's a matter of policy.

Page 8143

1 I've raised it before. This is an aggressive cross-examination without a

2 positive case against a woman who is extremely vulnerable according to all

3 the learning. I've raised before whether a man who has no apparent

4 sympathy for victims should be allowed to cross-examine witnesses like

5 this, and I must repeat our concern.

6 We know imperfectly, others know better, the damage that is done

7 and is sometimes intended to be done to witnesses in this position by this

8 form of cross-examination. It is distasteful and, in my respectful

9 submission, should be carefully monitored.

10 [Trial Chamber confers]

11 JUDGE MAY: Mr. Nice, we have to disagree. The accused is

12 entitled to cross-examine. If he's doing it improperly, we'll stop him.

13 Now, it may be distasteful to you. It may be distasteful to

14 others that no word of remorse is mentioned, but that doesn't matter. As

15 far as the trial is concerned, the accused is entitled, provided he

16 doesn't overstep the mark, provided he didn't oppress the witness, he's

17 entitled to put his case. You may not think there's very much in it, but

18 nonetheless, he's entitled to put it.

19 MR. NICE: Your Honour, I shan't take any more of your time save

20 to say of course I quite understand those concerns and the general

21 principles that guide them. I am also acutely aware of the fact that

22 learning about the associated problems of this type of witness has come

23 more recently to my practice in such cases and therefore is something to

24 which all of us may have only limited access, and I speak, therefore, out

25 of an abundance of caution. Thank you for the time.

Page 8144

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Page 8145

1 THE ACCUSED: [Interpretation] I have to say that I would fully

2 concur with what Mr. Nice said if I would even faintly believe that the

3 witness were telling the truth. However, I'm convinced that the witness

4 is not telling the truth. And in this statement that she gave two and a

5 half years later, she added some complete falsehoods, as can be seen from

6 other parallel statements --

7 JUDGE MAY: That's a matter of argument. What comes out of it is

8 this: You are entitled to cross-examine. But on the other hand, bear in

9 mind, of course, the nature of the witness who you are cross-examining.

10 And whether you accept it or not, many have been through very traumatic

11 experiences, and that should be reflected in the way that they're treated

12 in this court. That certainly is said.

13 Yes, let's go on.

14 THE ACCUSED: [Interpretation] Mr. May, I respect the fact that

15 many witnesses have lived through many terrible things during the war,

16 certainly, but I don't see what this has to do with the accusations

17 levelled against me.

18 MR. MILOSEVIC: [Interpretation]

19 Q. Please. Now, let's look at the last paragraph of your statement.

20 I started from the end, and I'll go back to other questions.

21 So you left the hospital. You were there for 12 days or 14 days.

22 That is no longer relevant. What is relevant is that in the hospital,

23 there was segregation between the Albanians and the Serbs. That is to say

24 that the Albanians were discriminated against. It is your claim that the

25 Albanians were not fed, that the Serbs were fed, and so on and so forth,

Page 8146

1 these few things. And that, practically, in this overcrowded hospital in

2 Pristina during the war, you were raped.

3 JUDGE MAY: Now, amongst other rules which you know, speech-making

4 is not questioning. Now, what is the question of the witness?

5 MR. MILOSEVIC: [Interpretation]

6 Q. Please. Where did they take you? They took you out of your

7 brother's room; is that right?

8 A. No, they didn't take me from my brother's room but they took me

9 downstairs. I don't understand the --

10 Q. Where from? Where did they take you from? You were in the same

11 room where your brother was. How many other patients were there in the

12 room? Your brother was not the only patient in that room; isn't that

13 right?

14 A. Where my brother was, there were -- there were other people there,

15 three other people. But I don't understand whether Milosevic is talking

16 about when I came to the hospital or when I left. Because when they took

17 me away, I wasn't with my brother.

18 Q. Well, you say that you spent 14 days with your brother in the

19 hospital, or 12 days at the hospital.

20 A. That's right. But it was the first day when they took us to the

21 yard. They took my brother upstairs, and they took me down to the

22 basement. And I stayed all the night in the basement, and I went up

23 looking for my brother, and I went up and found him upstairs. And I

24 stayed 12 or 13 days, and then when we left, I went to the bus station,

25 and we went together to my aunt's in (redacted).

Page 8147

1 Q. All right. Tell me, did you find your brother after the rape?

2 Before the rape, you were not with your brother?

3 A. We came to the hospital together and then they separated us. And

4 my brother was sent upstairs, and I was sent downstairs, and I was raped.

5 And I went upstairs and I looked for my brother and found him. And from

6 then on, I was hiding from people in uniform because I was scared of being

7 raped again.

8 Q. And you said that you were hiding in your brother's bed and in

9 toilets all that time; is that right?

10 JUDGE MAY: She's explained that she was hiding from the men in

11 uniform. That was her explanation earlier.

12 MR. MILOSEVIC: [Interpretation]

13 Q. All right. Let us look at this last paragraph now too. You say:

14 "I arrived in (redacted) with my brother on the bus. There were only Serbs

15 on the bus. When we got out of the bus, we went in the direction where my

16 aunt lives. Along the road there were only Serbs. On the way, I was

17 fixing the shoelace of my brother's shoe." That is to say, you bent down

18 to do that; right? "At that moment, I was surrounded by about 20 Serb

19 policemen and some civilians. I cannot tell their number. They asked me,

20 What did you put on the ground? I said, Nothing. One from the crowd

21 spoke to me and said if they found anything, they would kill both me and

22 my brother. Then one civilian came and put a hand grenade on the ground

23 while the rest of the crowd went away. The policeman talking to me said

24 to me, Look what you did. You put the hand grenade on the ground."

25 Did you put a hand grenade on the ground or not?

Page 8148

1 A. No. On the road when I was going to my aunt, I tied my brother's

2 shoelaces, and they came up to me and said, "What are you doing?" And I

3 said, "I'm tying up my brother's shoes." And then a civilian put a

4 grenade by my foot, and I told them that I -- I hadn't dropped this on the

5 ground but they had planted it there. That's what I said.

6 Q. All right. All right. And then you say the following: "The man

7 -- Look at what you did, you put the hand grenade on the ground. I said,

8 He put it, pointing at the civilian, and then the policeman said in

9 Albanian, And take your brother and go home. The man who put the grenade

10 on the ground followed us to my aunt's house."

11 So nothing happened to you then; right?

12 A. No. Nothing happened to me then because we didn't take up the

13 grenade. But they merely followed us. And when we went to my aunt's

14 house, we went in and they followed me on the way.

15 THE INTERPRETER: The interpreters request the witness to speak

16 more slowly.

17 JUDGE MAY: You're being asked, Witness K31, if you would speak

18 more slowly, by the interpreters.

19 MR. MILOSEVIC: [Interpretation]

20 Q. It is your explanation that from time to time you had to move from

21 your house to a safer place from when the offensive, as you had put it,

22 started in January 1999. At that time, there was fighting between the KLA

23 and the Serb army. Is that correct?

24 A. The Serbian army, yes, but there was no KLA around there at the

25 time.

Page 8149

1 Q. I had to find that page of yours. All right. Let's not waste any

2 time. I can't -- all right.

3 You went into the mountains. Who suggested that to you? Who

4 suggested that you should go to the mountains? How did you decide to go

5 to the mountains?

6 A. We didn't decide to go to the mountains, but we live in the

7 mountains. That municipality where I live, it's all very mountainous.

8 Q. At that time you didn't see any Serbs; is that right?

9 A. That day, in the morning? What day do you mean?

10 Q. "At (redacted) in the morning on the (redacted) of May, my mother

11 woke up hearing gunshots nearby." So that's the (redacted) of May.

12 A. That's what happened in the early morning (redacted)of May [as

13 interpreted]. My mother heard gunshots and woke up and got us up, and we

14 went out and we joined a convoy and we -- we left. But my elderly

15 relatives couldn't walk, and they just came up to us -- oh, I'm sorry.

16 The Serbian forces just kept on drawing closer to us, and that's what

17 happened. And at that moment, at (redacted), they killed my cousin. He

18 asked for help and we saw him, but we didn't dare go to his aid.

19 Q. Wait a minute, please. Let me just ask you another question. I

20 asked you about whether you saw any Serbs on that day when you were

21 fleeing into the mountains. So I'm reading page 6, on the first page of

22 your statement [as interpreted], which says: "In the morning of the

23 (redacted) my mother woke up hearing gunshots nearby. My

24 mother woke all the family members and after we got dressed, we decided to

25 go to the nearby mountain." Et cetera, et cetera. "We were leaving the

Page 8150

1 house, we could hear gunshot bursts and shelling from the direction of the

2 main road leading from Pristina to Skopje. As we were fleeing towards the

3 mountain, we couldn't see any Serbs who we knew were close to the

4 village."

5 Now, I asked you whether you had seen any Serbs. Did you or did

6 you not?

7 A. We only saw -- how shall I explain? We only saw the smoke of

8 burning houses and heard people shouting. I didn't actually see the Serbs

9 because they hadn't drawn close enough. But later, I did see them. I saw

10 them 15 metres away, and they were talking in their language and insulting

11 us, and I saw them in a line.

12 Q. All right. So did you see Serbs or did you not see Serbs, then,

13 when you were fleeing into the mountains?

14 A. We didn't go in the direction of the mountains, but that place is

15 called the mountains. And we saw them, but they -- at that moment, they

16 didn't see us.

17 JUDGE MAY: We're going to adjourn now for the break.

18 Witness K31, could you remember during the break not to speak to

19 anybody about your evidence until it's over, and that includes the members

20 of the Prosecution team. Could you be back, please, in 20 minutes.

21 --- Recess taken at 12.15 p.m.

22 --- On resuming at 12.42 p.m.

23 JUDGE MAY: Mr. Milosevic, you have ten minutes left with this

24 witness.

25 THE ACCUSED: [Interpretation] I've lost a lot of time because I

Page 8151

1 didn't know about the second statement, and as you were able to see, I had

2 to clear up that second statement, Mr. May. So I have several more

3 essential questions for this witness. And I checked it out --

4 JUDGE MAY: Very well. You can have ten minutes more. Twenty

5 minutes.

6 THE ACCUSED: [Interpretation] May I just ask this: I heard during

7 the break that there is no sound from this session or distorted image or

8 anything else. According to your rules, how come this is a super

9 protected witness with no sound, no image, distorted or otherwise, voice

10 distortion or anything else?

11 JUDGE MAY: It's closed session, which means just that, closed.

12 Completely closed. There is no sound, no image, nothing.

13 THE ACCUSED: [Interpretation] Very well. Then I'll continue with

14 my questions.

15 MR. MILOSEVIC: [Interpretation]

16 Q. Those who had their papers went abroad, the others, who didn't,

17 went up into the mountains; is that true? That's what you explained;

18 right?

19 A. Yes, that's what I explained, but I said earlier it's at a place

20 called (Redacted). It's not really a mountain, it's

21 just a place called (redacted).

22 Q. All right. Now, you described the killing of your neighbour,

23 (redacted). You didn't see who shot at him, did you?

24 A. Yes, I did see it.

25 Q. "While we were in the mountains, one of my neighbours, (redacted)

Page 8152

1 (redacted), went away from the group to see if the road was free and when he

2 had gone about 50 metres, I heard a shot and saw that he was hit by a

3 bullet. And in my opinion, the bullet had been fired from a distance of

4 about 200 metres. (redacted) fell to the ground," et cetera. So you didn't

5 see who actually did the shooting, did you?

6 A. It wasn't one person, it was a whole group of people, of Serbs. I

7 didn't see all of them. One of them I did see. I saw -- he had a bullet

8 wound on his neck. But there was a group of people ten metres away, and

9 we saw them pointing their automatic weapons, and there was firing. And

10 we saw where the firing was coming from.

11 Q. So you saw that the shooting was coming from a distance of about

12 200 metres. That's what you said. Not 15 metres, 200 metres. And the

13 people who were 20 metres away from you were a group of Serb soldiers.

14 That's right, isn't it?

15 A. Later we were 20 metres from the soldiers, but there we were 50

16 metres away. And they shot. There wasn't just one of them, there was a

17 whole group.

18 Q. Yes. Yes, but you said that the shooting, in your opinion, was

19 coming from 200 metres away.

20 A. Yes, I think it was about that.

21 Q. All right. You also go on to explain that your brother was hit.

22 However, you didn't see who shot at your brother, did you? That's right,

23 isn't it?

24 A. At (redacted) in the afternoon, I was with my father a bit farther up,

25 to see what was going on at the edge, and we saw them armed, coming at us.

Page 8153

1 And I said to my father and to my brother, "Get away, because they'll

2 catch you when they come." So they went 10, 15 metres away, one in one

3 direction, one in the other direction. And then he was -- he was hit. I

4 saw it because there was a sort of fence there.

5 Q. All right. Now, is it true that in that particular place at that

6 particular time there was fighting going on between the army and the KLA?

7 A. I don't think that's true. I saw Serbs there. I didn't see

8 anyone else. They came and they burnt the houses down, and they murdered

9 and marauded.

10 Q. I'm talking about what you say happened in the forest. That means

11 that there was fighting going on at that time; right? Yes or no.

12 A. There was an offensive. Whether we wanted it or not, they were

13 attacking and we were surrounded. They captured everyone and started

14 murdering. That's what happened. There was nothing else.

15 Q. Yes, all right. But is it true that it was the army precisely

16 that helped you? The soldiers?

17 A. What, what army? Who helped us? No one helped us.

18 Q. I'll read out on page 4 of your statement, the middle paragraph

19 there, says the following: "When I realised the situation of my brother

20 and sister, I asked help from the Serb soldiers, but they would not reply

21 to my request. They said that they couldn't help me because the

22 terrorists might kill them."

23 That's what you claim. That means that at that particular time,

24 there was shooting going on, and that they weren't able to help you

25 because they were afraid of the fire coming from the opposite side; right?

Page 8154

1 Is that what it says? Is that so or is it not?

2 A. That's what they said. But they weren't killing terrorists, they

3 were murdering us.

4 Q. All right. Let me read the paragraph out until the end. "After

5 that, I went to a middle-aged soldier, I grabbed his arm and took him to

6 the place my sister and brother were lying." That's what it says. "This

7 soldier spoke Albanian. After I took him to my brother, he called by

8 radio another group which came ten minutes later and gave my brother first

9 aid. They also advised me to take my brother to the school at(redacted) to

10 another group which would then take my brother to Pristina for treatment."

11 That's what you said.

12 Therefore, at the beginning, they told you that they couldn't help

13 you because they would be subject to gunfire and the terrorists might kill

14 them. Then you grabbed a soldier by the arm, and he came and called

15 someone up on the radio, administered first aid to your brother, sent your

16 brother to the school at (redacted), and then took you to hospital in an

17 APC. Does that mean from what you yourself say here both that there was

18 fighting and that the army and soldiers helped you or does it not mean

19 that? Just say yes or no.

20 JUDGE MAY: She can't answer yes or no.

21 THE WITNESS: [Interpretation] No, it's not the way you say. They

22 were killing people. How can they help people that they were trying to

23 kill? There were no terrorists around.

24 MR. MILOSEVIC: [Interpretation]

25 Q. Well, I'm not saying anything. I'm not claiming anything, Madam

Page 8155

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Page 8156

1 K31. I'm not saying anything. All I was doing was quoting from your own

2 statement, and what I'm asking you emerges from your statement. These are

3 all things that you yourself said, not me.

4 A. I don't regret what I said. That's the way it was. There was

5 radio communication to help us, but there were -- I saw what was going on.

6 I saw exactly what was going on. You're making me nervous, you're trying

7 to make me guilty of something, and I don't accept what you're

8 insinuating.

9 JUDGE MAY: Just a moment. Just a moment.

10 Witness K31, there's no need to feel that. The accused is asking

11 you some questions which arise from your statement, you see, in which you

12 did say that an Albanian-speaking soldier called for help on the radio,

13 and somebody came and gave your brother first aid.

14 Is that right? Did that happen?

15 THE WITNESS: [Interpretation] Yes, that's true. They gave first

16 aid to my brother. A soldier gave him first aid. And at the same time, a

17 group of soldiers murdered my sister and several other people, four or

18 five other people. And we were surprised that my brother was given first

19 aid, where at the same time they were murdering other people.

20 MR. MILOSEVIC: [Interpretation]

21 Q. And was it obvious to you that the shooting was coming at your

22 group and that the Serb soldiers were with you in that group? So it

23 wasn't, in fact, coming from the Serb group, it was coming from the KLA

24 which the Serbs were fighting.

25 A. No, that's not true. There was no KLA there where we were, in our

Page 8157

1 village, in that place.

2 Q. How do you explain, then, the fact that in the first part of that

3 paragraph which I quoted, when you asked for help and they said they

4 couldn't give you any help because they might be killed by the terrorists,

5 just as you did not help your neighbour because you were afraid of being

6 shot by a bullet, and in the same way they weren't able to help your

7 brother at that particular moment because they were afraid of being shot

8 by a bullet until you had solved the situation with the help of this

9 soldier in another way. Is that right or not?

10 JUDGE MAY: That's not a question. That's not a question. No

11 need to respond to that. It's a comment if it's anything.

12 THE ACCUSED: [Interpretation] Well, all right, then.

13 MR. MILOSEVIC: [Interpretation]

14 Q. Is it true that that neighbour of yours - I don't want to have to

15 search for his name again - was shot from a distance, in your opinion, of

16 200 metres? Is that right? And the soldiers who were with you and

17 assisted your brother were there with you in the same place, in that same

18 spot. They weren't able to help him from a distance, they had to tend to

19 him and bandage his wounds there where you were on that spot, together

20 with you; right?

21 A. It's not exact, because we changed the place where we were. It

22 wasn't the same place where we were with (Redacted). We were afraid of

23 staying there and went a bit farther on, 50, 60 metres farther on. And

24 when we went there, they really did give my brother first aid, that's

25 true, but we were afraid -- they said they were afraid of the KLA. And I

Page 8158

1 said, "There's no KLA here. Help my brother. There -- no one will do

2 anything to you. No one will murder you here." Because I was sure that

3 there was no KLA there.

4 Q. They didn't seem to share your opinion, but let's move on with the

5 questions.

6 A. Okay.

7 Q. So after that, anyway, they took you to the hospital; right? They

8 helped you there on the spot and then took you to hospital; right?

9 A. They sent us to the school in (Redacted) and then to the bridge, and

10 then in (Redacted) to (Redacted) and then to the hospital. It was a long

11 road. They were beating us all the time. I had -- my hands were

12 tied up during all the journey.

13 Q. This doesn't seem very probable to me, because in your statement

14 you make no mention anywhere of the fact that they beat you. You just

15 said that they wanted to throw you into the river. Now you say that they

16 beat you throughout that journey, you and your brother to whom they had

17 given assistance and help, is that what you're saying, on the road to the

18 hospital?

19 A. Down to the bridge they didn't beat me. But when they tried to

20 throw me into the river, then from that time right to the hospital, they

21 would beat me. They tore my hair. All -- they were really hard with me

22 all the way to the hospital in Prishtina.

23 Q. And all that was going on in this APC, this armoured personnel

24 carrier in which they were transporting you and your brother to hospital

25 in?

Page 8159

1 A. From the school in (Redacted) to (Redacted), we were in an armoured

2 personnel carrier, but from (Redacted) to Pristina hospital, it was

3 another vehicle. There were two vehicles involved.

4 Q. Well, in which vehicle did they beat you? Tell me that, please.

5 I don't understand.

6 A. They beat me in the vehicle where there was a bit of space to

7 beat, whereas in the other vehicle, it was too enclosed, it was too narrow

8 and there was no room to beat anyone.

9 Q. That means in that second vehicle in which they transported you

10 from (Redacted) to the hospital; right? That's where they beat you.

11 A. Yes.

12 Q. And who was in that vehicle? Was it a van? Was it a small car?

13 Was it a bus? What type of vehicle was it?

14 A. It was sort of like a kombi, but there was little room. It was

15 like a van, but there was not too much room in it.

16 Q. Who was inside with you?

17 A. One had come from (Redacted), and others got in later, from reserve.

18 Q. And so who beat you, then?

19 A. The person who tried to throw me off the bridge into the river,

20 who had bound my hands. The same person and others who were with him.

21 Q. It was that same man, was it? But you said that you reached the

22 bridge in an APC and that they took you out of the APC at the bridge. Now

23 you're saying that they beat you in the vehicle in which you went from

24 (Redacted)to Pristina. How could that same man who was in the transporter

25 be found in this vehicle going to Pristina from (Redacted)? Answer me

Page 8160

1 that, please.

2 A. Okay, I will answer you. The person who had tried to throw me off

3 the bridge, he had a long beard, and he kept making gestures, like this.

4 But it was very, very -- we were very close. He had an automatic weapon.

5 And when we got into a bigger vehicle, there were three people in it.

6 They tried to rip off my clothes with their knives, with all three of

7 them, but the one with the beard was right beside me all the time. I was

8 crying all the time.

9 Q. So they wanted to rip your clothes off in the vehicle that you

10 were riding in together with your brother, who was wounded, from

11 (Redacted) to the hospital in Pristina; is that what you're saying?

12 A. Yes. Yes, that's the way it was.

13 Q. So your wounded brother was in the vehicle, you were in the

14 vehicle, and these three men. Were they soldiers, policemen? What were

15 they? They were soldiers; right?

16 A. I was so horrified, but I did see police and military uniforms,

17 and they were armed. They were really fully armed.

18 Q. All right. Now, did I understand you correctly to say that the

19 man with the beard who was with you was both in the APC and later on in

20 this other vehicle from (Redacted) to Pristina? Is that right?

21 A. Yes. Yes. To Pristina. And the first one who raped me at the

22 hospital, he was there.

23 Q. And that's the one with the beard; right?

24 A. Yes. And during the offensive where they killed my father and my

25 brother, he had a bandanna around his head, but then he'd taken -- and it

Page 8161

1 said "Massacre" written on it, but later on, he took it off.

2 JUDGE MAY: Mr. Milosevic, this will be your last question.

3 MR. MILOSEVIC: [Interpretation]

4 Q. Did I understand you correctly? The man who was in the APC,

5 within the team in the APC and who took you to the bridge and wanted to

6 throw you into the river and brought you to the school in (Redacted)in the

7 APC, he left the APC, got into the other vehicle with you, beat you on the

8 way, and when they took you to the hospital with your brother, that same

9 man found you and raped you. Is that what you're saying?

10 A. He was with me all the time, right behind me. Not from the site

11 with the APC. We went to the school within half an hour, that first half

12 hour, and there was no problem there. We didn't know what was going on.

13 JUDGE MAY: Yes. Mr. Wladimiroff, have you any questions?

14 MR. WLADIMIROFF: One thing, Your Honour.

15 Questioned by Mr. Wladimiroff:

16 Q. Witness, do you speak Serbian?

17 A. No, I don't. A little, a very little bit.

18 Q. Can you read Serbian letters, Cyrillic letters?

19 A. Not really. A little bit.

20 MR. WLADIMIROFF: Thank you. That's all I ask.

21 MS. ROMANO: I will be brief, Your Honours. I have just two or

22 three matters.

23 Re-examined by Ms. Romano:

24 Q. Do you need some water, Witness?

25 A. Thank you.

Page 8162

1 Q. Witness, you heard the accused saying that everything you said in

2 the second statement about the rape that was committed against you, it's

3 not true. So you heard the accused saying that you made up everything.

4 What would be your reaction to that accusation, to that suggestion that

5 you made all this up? Can you tell the Judges what would be your

6 reaction?

7 A. I would say that's true. Yes, I did experience that myself. And

8 you may not -- other people may not believe it, but I was a virgin. I'd

9 never had relations with others. And now I'm terribly frightened of

10 people with beards. You can believe me or not, whether you want to or

11 not, but that's what I went through. And if it wasn't the truth that I

12 was telling you, I wouldn't have bothered to come here to tell you

13 anything but the truth.

14 Q. Thank you, Witness.

15 A. Really, I insist. That's really the truth.

16 Q. Thank you. Witness, it took almost three years for you to tell

17 your mother and also to give the statement about the rape. During all

18 this time, you did not tell anybody. Why is that? Why is that so

19 difficult for a girl like you to tell people about what happened to you,

20 especially in Kosovo?

21 A. It's terrible to speak about such things in Kosova. You -- it's

22 not -- Albanian women are not looked upon well if they -- they have to

23 suffer in silence. I had -- I was frightened that if people knew that I

24 had been raped, that no one would ever marry me or want to marry me, and

25 that's why I didn't mention it.

Page 8163

1 The first time they asked, there were local interpreters there,

2 but I told them about it, and they told me not to worry about it. But

3 there were children around, and people were worried about me, and I didn't

4 know exactly what to do.

5 Q. Do people not understand or help?

6 A. Well, maybe there are some people who are helpful, but it's hard

7 to say. You can never really know.

8 Q. Witness, do you see any reason for you to lie, to create something

9 like this, in light of the fact of what you've just said?

10 A. No. I have no reason to lie. Why would I want to lie? I

11 experienced these things, and I want to tell them as they happened.

12 Q. Thank you.

13 MS. ROMANO: Your Honours, in light of the observations made by

14 Mr. Milosevic about the proceedings in closed session, I respectfully

15 request the Chamber to remind Mr. Milosevic about the proceedings that

16 involve a closed session regarding communications outside the Court.

17 JUDGE MAY: He knows what the rules are. He said he would obey

18 them.

19 MS. ROMANO: No. I said that --

20 JUDGE MAY: There should be no disclosure.

21 MS. ROMANO: Exactly. I just said that he seemed to not

22 understand what was happening and why there was no sound and everything.

23 This is not the first time that a closed session had taken place.

24 JUDGE MAY: He knows now.

25 MS. ROMANO: That's all, Your Honours.

Page 8164

1 JUDGE MAY: Witness K31, thank you for coming to the Tribunal to

2 give your evidence. You are free to go.

3 THE WITNESS: [Interpretation] Thank you very much.

4 THE ACCUSED: [Interpretation] Would you be so kind, Mr. May, as to

5 explain to me, please, that is to say a moment ago Ms. Romano said that

6 this is not the first time we've had a closed session, and that's quite

7 true, but the first time we did have a closed session was, I if recall --

8 this is the first time we had a closed session with a witness. Up 'til

9 now, they had face or voice distortion, but we didn't have a closed

10 session for witnesses. So I don't understand why it is necessary to have

11 a completely closed session for this particular witness.

12 JUDGE ROBINSON: That's not so, Mr. Milosevic, because we have had

13 other female witnesses in the same situation as this particular witness

14 and in closed session.

15 JUDGE KWON: K15, K14, K20, K16; all those witnesses.

16 THE ACCUSED: [Interpretation] I completely -- does that mean that

17 these transcripts are not made public either, the LiveNote from the closed

18 sessions are not made public either?

19 JUDGE MAY: That's right. They're not public. They're closed.

20 And you know the reason in this case why they are closed.

21 THE ACCUSED: [Interpretation] Thank you.

22 MS. ROMANO: Your Honours, the next witness is K24 and is also in

23 closed session.

24 JUDGE MAY: Yes.

25 [The witness entered court]

Page 8165

1 WITNESS: WITNESS K24

2 [Witness answered through interpreter]

3 JUDGE MAY: Yes. Let the witness take the declaration.

4 THE WITNESS: [Interpretation] I solemnly declare that I will speak

5 the truth, the whole truth, and nothing but the truth.

6 JUDGE MAY: If you'd like to take a seat.

7 MS. ROMANO: Your Honours, can I have this document shown to the

8 witness. It's a one-page document with the name and date of birth of the

9 witness.

10 Examined by Ms. Romano:

11 Q. Witness, could you please review the paper that is in front of

12 you, and can you tell with a yes or no if this is your name and your date

13 of birth.

14 A. Yes, that's right.

15 Q. Do you see a number on this sheet, "K24"?

16 A. Yes, I can see it.

17 Q. Throughout these proceedings, you will be referred to as you K24.

18 Do you understand that?

19 A. Yes, I understand that.

20 MS. ROMANO: Might the document be tendered into evidence under

21 seal?

22 THE REGISTRAR: Prosecution Exhibit 268.

23 MS. ROMANO:

24 Q. Witness, you gave a statement to the Office of the Prosecutor on

25 the 22nd of November, 1999. Is that correct?

Page 8166

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Page 8167

1 A. Yes, that's correct.

2 Q. And you attended a meeting on the 15th of July, 2002, where you

3 reviewed that statement before a presiding officer of the Registrar and

4 members of the Prosecutor, and you confirmed that that statement is

5 correct and true; is that correct?

6 A. Yes, that's right.

7 Q. And in that opportunity, you also made an addendum to that

8 statement, correcting some minor issues, and also you were shown

9 photographs and you explained each one of the photographs; is that

10 correct?

11 A. Yes, that's right.

12 MS. ROMANO: The Prosecution formally submits the statement and

13 the addendum into evidence.

14 THE REGISTRAR: Prosecution Exhibit 269 and 269A for the redacted

15 version.

16 MS. ROMANO: The witness is a (Redacted) Kosovo Albanian woman

17 whose statement deals with events in the spring 1999 when she was staying

18 at her parents' house (Redacted) municipality, a village occupied

19 entirely by Kosovo Albanians. (Redacted)

20 (Redacted).

21 Early one morning at the end of March, beginning of April, VJ

22 soldiers arrived and surrounded the village, and for safety reasons, the

23 witness and some other women and children, numbering 22 in total, hid in a

24 house on a hill further up the village. The men, including her father and

25 brother, fled to the mountains.

Page 8168

1 The following morning, soldiers arrived at the house where the women and

2 children were sheltering. The women and children were searched and robbed

3 and their IDs confiscated. They were then ordered to walk to (Redacted)and

4 were escorted by armed VJ soldiers. However, before arriving at (Redacted)

5 they were intercepted by a VJ truck and ordered to return to (Redacted).

6 The women and children were held at a house in (Redacted)for three days.

7 During this time, they were searched and robbed again by a Serb-speaking

8 woman named Mirdita, who assisted the soldiers. The women and children

9 from (Redacted)were then ordered to walk to the mosque in (Redacted).

10 The witness heard various reasons why they had to go to (Redacted). One

11 soldier said it was to protect them from NATO bombing. Mirdita said,

12 "They're asking for a group of you there," but gave no further

13 explanations. When they reached(Redacted), the soldiers directed the

14 women and children to a house near the mosque where they were held in a

15 cowshed.The VJ soldiers who escorted them handed them over to the soldiers

16 with tiger badges on their arms.

17 THE INTERPRETER: Could Ms. Romano please slow down. Thank you.

18 MS. ROMANO: I apologise and I will slow down.

19 The women were robbed and threatened before being taken out in

20 groups to be checked. The witness was told by her cousin, aunt and sister

21 how they had been forced to strip naked and the soldiers touched their

22 breasts and vagina. She also testifies that (Redacted)

23 (Redacted), the soldiers also forced her to strip and touched

24 her breasts and vagina. On two separate occasions, soldiers removed their

25 lower garments, and the witness believes that they wanted to rape her.

Page 8169

1 On the first occasion, the witness fainted, and on the second

2 occasion, the soldier threatened to cut her (Redacted) but did not

3 rape her.

4 The witness describes the physical and emotional condition of

5 women who were "checked" and the comments they made. The witness believes

6 that some of the other women and girls had been raped.

7 The soldier removed five younger women and three older women from

8 the group. One of the soldiers made a comment in Albanian, implying that

9 the women were going to die. The witness believes the older women were

10 killed immediately, as she heard three shots from outside. The five

11 younger women, one of whom was the witness's sister, failed to return.

12 The witness subsequently discovered that all eight women had been found

13 dead (Redacted), near the shed where they had all been held. (Redacted)

14 (Redacted).

15 In the addendum made by the witness, there are photographs of the

16 wells and the place where the witness was held, and she describes and

17 identifies all the witness [sic].

18 Unless the Judges want, I will not show the witness the photos.

19 JUDGE MAY: No, but I think formally they should be exhibited.

20 MS. ROMANO: Yes. They are part of the addendum. If you want to

21 exhibit them separately --

22 JUDGE MAY: Yes. Let them be exhibited formally. We'll need some

23 copies for the Court. They can be given an exhibit number.

24 THE REGISTRAR: Exhibit number 269B, to be kept under seal.

25 MS. ROMANO: There are copies, although black and white, attached

Page 8170

1 to the statement.

2 JUDGE KWON: Are they also part of the (Redacted)binder?

3 MS. ROMANO: No, they are not. The (Redacted) binder contains only

4 the autopsy -- the forensic report.

5 MR. WLADIMIROFF: It may assist the Court that it is a part of the

6 (Redacted) binder, under tab 7.

7 MS. ROMANO: No, I'm sorry, the tab was deleted.

8 MR. WLADIMIROFF: Tab 8.

9 MS. ROMANO: It was also -- I think it was removed. When the

10 binders were disclosed to the amici and the accused, they contained the

11 photos, but after, according to a ruling, we removed.

12 MR. WLADIMIROFF: Right.

13 MS. ROMANO: And we are formally introducing to the witness.

14 JUDGE MAY: Whatever. It's right that they should be exhibited

15 and exhibited separately now.

16 Yes. Now, Mr. Milosevic, have you got any questions of this

17 witness?

18 THE ACCUSED: [Interpretation] I do, Mr. May.

19 Cross-examined by Mr. Milosevic:

20 Q. [Interpretation] Tell me, please, first of all - I did not

21 understand from this statement - you say that you were in your parents'

22 house in the village of (Redacted). Which municipality is this?

23 A. This village is in the municipality of (Redacted).

24 Q. Yes. You say that you left the village after the bombing started,

25 and you do not know on which day or date the bombing started and you left.

Page 8171

1 A. No, I don't know the date.

2 Q. It was my understanding that you left the village because you

3 thought that you were safer if you'd leave the village. Is that right?

4 A. We left and we went up above, and we left our house behind to take

5 shelter further up.

6 Q. All right. You don't know the time, and you don't know -- you say

7 that was after NATO had started the bombing in 1999. After how much time?

8 Was it a day or two or five days or a month after NATO started bombing?

9 Could you give us just an approximation?

10 A. No. I don't know how long after the start of the bombing it was.

11 Q. All right. You came to your relative's house, and he went into

12 the mountains the same night; is that right?

13 A. I didn't understand the question. Could you repeat it, please?

14 Q. I asked you when you went to the mountains, when you left the

15 village, you came where? You came to your relative's house, if I

16 understood you correctly.

17 A. That's right. We left my own family home and went up to my

18 cousin's to take shelter, for security reasons.

19 Q. And where did this relative of yours live?

20 A. A few metres further up, above our house. About one kilometre.

21 Q. All right. That means that you just moved into the neighbourhood.

22 You moved into the house next door. Is that right?

23 A. Yes. It was within the same village.

24 Q. And why did you think that you were safer in the house next door

25 rather than in your own house if it's only a few metres away?

Page 8172

1 A. Because we were facing up to the Yugoslav army. So to avoid them,

2 we went up the hill, took shelter some distance away.

3 Q. And what about the members of your family, your husband and the

4 others? Were they members of the KLA?

5 A. No. My father, who was there with my brothers, were all civilians

6 and went out, took shelter in (Redacted).

7 Q. On page 3 in the Serbian version, in the first line, you say in

8 your statement: "My father and my other brothers went into the mountains

9 to hide. (Redacted)."

10 (Redacted), right? That's where the KLA forces were.

11 Are you now saying something different, or do you abide by what is written

12 in this statement of yours?

13 A. My husband did not fight. He was only on the KLA's list of

14 volunteers. He didn't have a uniform or weapons. He was a civilian

15 again.

16 Q. Ms. K24, I did not present a claim of my own. I quoted your

17 statement. The sentence is a very short one, and it reads: "(Redacted)

18 (Redacted)." That's it, from the first capital

19 letter until the full stop at the end. So is that uncontested or not?

20 A. I can only say that my husband was a KLA volunteer on the list,

21 but he didn't have a uniform or a weapon, and I don't know what else to

22 say.

23 Q. And on page 8 of your statement, in connection with the

24 description of this friend of yours, a person, I don't know how to call

25 her, Mirdita, she was also KLA. It says in the penultimate paragraph --

Page 8173

1 the one before the penultimate paragraph, actually: "I met with my

2 husband two months after the peace agreement was signed. He fought in the

3 KLA for six months in (Redacted)." And then further on, he says to you

4 that he saw Mirdita in (Redacted) before what happened in (Redacted),

5 uniform, that she cooperated with the army, et cetera, et cetera.

6 So in two places in the statement, you say that your husband was

7 with the KLA, in the KLA. I'm asking you quite precisely now: Did you

8 move from your own house to the house next door because you thought that

9 the police that knew that your husband was a member of the KLA would come

10 to your house to look for him?

11 A. No. We didn't flee for that reason. We went away to protect

12 ourselves. We had children, (redacted); we just had to leave that

13 house and go to another one.

14 Q. All right. When you were with the army, you described that in

15 your statement. You say that they were correct when dealing with you.

16 And you say: "For three days, things were quite all right." That's the

17 beginning of page 4 in the Serbian version. "They brought us food, the

18 soldiers did, milk, cheese, whatever else they could find in different

19 houses, everything they could find. They brought us tea and sugar, and

20 there was a furnace there, but we could use it only for heating, however,

21 we could not use it for baking bread. We had to go upstairs. The

22 Yugoslav army soldiers allowed us to do this but not every time we asked,"

23 et cetera.

24 So were they correct towards you in every way?

25 A. No. It was only one day when they took us to that house. They

Page 8174

1 gave us food and drink, and I never saw them any more.

2 Q. I beg your pardon. Let me just remember the number. Oh, yes.

3 Ms. K24, I quoted your own statement to you a little while ago,

4 and you said, "For three days we were really fine," and then you say the

5 rest. I don't want to take up my time quoting it again. And then you say

6 that you were told by them to go to (redacted), but they said that to you

7 so that you could hide in the mosque, because NATO may bomb and kill you;

8 is that right?

9 A. Yes. In -- for three days we were together with them in

10 (redacted).

11 Q. All right. And after that, you left. Did you go to hide in the

12 mosque when they told you to hide in the mosque? Did you think that they

13 wished you well, that they wished to protect you because they assumed that

14 NATO would not bomb a mosque?

15 A. No, I don't think they wished us well. We only thought that

16 something worse awaited us. And that's what happened.

17 Q. Yes, but I understand your statement to say that these soldiers,

18 these men that you were with, did nothing to you during those few days

19 while they helped you and when they sent you to seek shelter in the

20 mosque. It was my understanding of what you wrote here that they took

21 care of you. They tried to help you. They tried to protect you from the

22 bombing, et cetera.

23 So who did something bad to you, they or somebody else?

24 A. The soldiers said that they would take us to the (redacted)mosque

25 to protect us, but they didn't take us there. They took us and left us in

Page 8175

1 the hands of criminals.

2 Q. Could you please explain this to me, clarify it for me: My

3 understanding of your statement was that the soldiers escorted you to

4 (redacted)for your own safety and security and that then you remained in

5 (redacted). What do you mean they left you in the hands of criminals?

6 You were not arrested to be handed over to someone. You stayed in

7 (redacted); is that right?

8 A. The three soldiers who took us to (redacted)left us in a yard.

9 One of them went and called the criminals.

10 Q. He went to call the criminals, this soldier who brought you?

11 A. Yes.

12 Q. Were these criminals some kind of thieves, bandits? What did they

13 look like?

14 A. They mistreated us. They insulted us. They swore at us. And

15 then they drowned my sister and my mother-in-law.

16 Q. All right. On the basis of what did you conclude that even if

17 some criminals did appear in (redacted), that it was that soldier who

18 called them? One of these who had been with you before that. On the

19 basis of what did you conclude that he was the one who called them?

20 A. I saw this. I saw them leaving us, and then they came back with

21 these criminals together with them.

22 Q. Well, did that soldier go, or rather, these three soldiers who

23 escorted you to (redacted)? Did they return to their unit, or did they

24 stay with these criminals too?

25 A. They went back to (redacted). They left us together with the

Page 8176

1 criminals.

2 Q. That actually means that they were not criminals but they were

3 connected to criminals. Would that approximately be the most correct way

4 of putting it?

5 A. I don't know how to explain this at the moment.

6 Q. When you say that some people misbehaved towards women who were

7 with you, you are actually referring to these criminals, aren't you?

8 You're referring to them.

9 A. Yes, criminals.

10 Q. And as far as I can see from your statement, you did not see them

11 rape any person. Is that correct?

12 A. It was me myself that they insulted and offended. I didn't see

13 any of the others.

14 Q. All right. But you see here on page 7 of your statement, in the

15 last paragraph, you say before that: "All of those who were from

16 (redacted) returned to (redacted). We returned to (redacted)when it got

17 dark. They put us into the -- they put us into the shed of a house that

18 was about 300 metres away, where they kept us locked. The house had been

19 burned. I don't know who it belonged to. They, the three soldiers, left us

20 there alone, saying, Nothing is going to happen to you. Do not be scared.

21 They brought us bread, a candle, (redacted), and they said,

22 Tomorrow we are going to find the girls and the women. They told us not to

23 go out because otherwise we would be in danger because of the

24 paramilitaries." "The paramilitaries" was probably written by the person

25 who actually wrote the statement. I imagine that you yourself were using

Page 8177

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Page 8178

1 the term "criminals"; is that right?

2 And you say further on: "They were showing --" I hear the

3 interpretation into Albanian finishing only now. So actually, what it

4 says here, "paramilitaries," that is what you have been calling

5 "criminals," right?

6 A. Yes, criminals.

7 MS. ROMANO: Just referring to the witness, she has not been given

8 an opportunity to respond to the questions.

9 JUDGE MAY: She's got as far as the criminals. Yes, what's the

10 next question?

11 THE ACCUSED: [Interpretation] Well, precisely, that's what I

12 wanted to establish, that these were criminals.

13 MR. MILOSEVIC: [Interpretation]

14 Q. So: "They brought us bread, a candle, (redacted), et

15 cetera. They told us not to go out because otherwise we would be in

16 danger of the criminals," as you put it, it says "paramilitaries" here.

17 And then further on, it says, "They were showing that they were trying to

18 protect us. We stayed in that house for ten days without a guard. The

19 three soldiers went back to (Redacted), but in the next-door house were

20 other Yugoslav army soldiers that said to us, Whatever you need, just call

21 us. After seven days, Mirdita came there and she stayed with us for three

22 days," et cetera, et cetera. "During those seven days, they (the

23 soldiers) came very often. They provoked us. They asked us for money."

24 So how did that change all of a sudden? First they did all of

25 this for you and they said, "Just call us if you need anything," and then

Page 8179

1 they started to provoke you, ask for money, and one of them even pointed a

2 gun at your head.

3 What happened? You say that this Mirdita came seven days later

4 and then something changed. What happened? Can you explain that?

5 A. When Mirdita came, she was in agreement with them, and we didn't

6 see them any more. We only communicated through Mirdita.

7 Q. But on the basis of what I've just quoted to you, Mrs. K24, on the

8 basis of that, can it be seen that you yourself wrote that the soldiers

9 brought you there, left you there, and that after that, for several days

10 other soldiers in the neighbourhood took care of you and none of those

11 three brought in any criminals?

12 You say here: "Three soldiers left us there on our own and said,

13 Nothing is going to happen to you. Do not be scared." And then they

14 brought all these things to you and then you say that you stayed there

15 without a guard for ten days in that house. Those soldiers went back to

16 (Redacted) and other Yugoslav army soldiers said to you, "Whatever you

17 need, just call us."

18 JUDGE MAY: It's now past quarter to and we have to adjourn. Is

19 there a question you want to ask?

20 THE ACCUSED: [Interpretation] Mr. May, I don't want to maltreat

21 this witness. I don't want to keep her until tomorrow for the end. I

22 have just one more question, then I'll finish immediately, because I think

23 that she has suffered enough, and I really don't want to keep her here

24 overnight.

25 MR. MILOSEVIC: [Interpretation]

Page 8180

1 Q. Just tell me one more thing, please. You and Mirdita, as you've

2 described this here, you were taken to the hospital in (redacted) by the

3 Serbs. That is on page 03031924. Just say yes or no.

4 A. Yes. Yes. The Yugoslav army took us.

5 THE ACCUSED: [Interpretation] Thank you.

6 JUDGE ROBINSON: Mr. Milosevic, that was a very appropriate

7 gesture.

8 JUDGE MAY: Yes, Mr. Wladimiroff.

9 MR. WLADIMIROFF: No questions, Your Honour.

10 JUDGE MAY: Thank you. Ms. Romano.

11 MS. ROMANO: Just one question and I'll be very brief.

12 Re-examined by Ms. Romano:

13 Q. Witness, when you referred to the three men, the criminals, the

14 men that the soldiers called, were they wearing any -- how were they

15 dressed?

16 A. They had a uniform, light blue. It was a light colour with a

17 tiger sign on the arm.

18 Q. Thank you, Witness.

19 MS. ROMANO: Your Honours, it's just that I have -- you referred

20 to copies, separate copies of the photos.

21 JUDGE MAY: Yes.

22 MS. ROMANO: I just remind also that the description of the photos

23 and referred by the witness are in the addendum of the bis package.

24 No further questions.

25 JUDGE MAY: Witness K24, that concludes your evidence. Thank you

Page 8181

1 for coming to the International Tribunal to give it. You are now free to

2 go.

3 [The witness withdrew]

4 JUDGE MAY: We will adjourn now. Nine o'clock tomorrow morning.

5 --- Whereupon the hearing adjourned at 1.49 p.m.,

6 to be reconvened on Wednesday, the 17th day of July,

7 2002, at 9.00 a.m.

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