Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1412

 1                           Tuesday, 9 June 2009

 2                           [Open session]

 3                           [The accused Simatovic entered court]

 4                           [The accused Stanisic not present]

 5                           --- Upon commencing at 2.21 p.m.

 6             JUDGE ORIE:  Good afternoon to everyone.

 7             Madam Registrar, would you please call the case.

 8             THE REGISTRAR:  Good afternoon, Your Honours.  Good afternoon,

 9     everyone in and around the courtroom.  This is case number IT-03-69-T,

10     the Prosecutor versus Jovica Stanisic and Franko Simatovic.

11             JUDGE ORIE:  Thank you, Madam Registrar.

12             Could I have the appearances, Prosecution first.

13             MR. GROOME:  Good afternoon, Your Honours.  My name is

14     Dermot Groome and also representing the Prosecution here today is

15     Doris Brehmeier-Metz, Amir Zec and we are assisted by Thomas Laugel.

16             JUDGE ORIE:  Thank you, Mr. Groome.

17             And for the Stanisic Defence.

18             MR. KNOOPS:  Thank you, Your Honour.  Geert-Jan Knoops, myself,

19     and assisted by co-counsel Mr. Wayne Jordash and legal assistants,

20     Ms. Anne-Marie Verwiel, Ms. Amy Walsh and Ms. Rima Dykstra.

21             JUDGE ORIE:  Thank you, Mr. Knoops.

22             The Simatovic Defence.

23             MR. JOVANOVIC: [Interpretation] Good afternoon, Your Honours.  My

24     name is Zoran Jovanovic, attorney, and today, together with

25     Vladimir Domazet and Mrs. Ingrid Morgan, we represent the accused

Page 1413

 1     Franko Simatovic as Defence counsel.  Thank you.

 2             JUDGE ORIE:  Thank you, Mr. Jovanovic.  Could we just verify,

 3     Mr. Simatovic, that you can hear me in a language you understand?  The

 4     microphone --

 5             THE INTERPRETER:  Microphone, please.

 6             JUDGE ORIE:  Yes.

 7             THE ACCUSED SIMATOVIC: [Interpretation]  Yes, I can hear you,

 8     Your Honour.

 9             JUDGE ORIE:  Thank you, Mr. Simatovic.

10             On our agenda today is the opening statement to be delivered by

11     the Prosecution.  Before we can move to that, we first have to pay

12     attention to the fact that Mr. Stanisic is not present in court.

13             Mr. Knoops, we have received a form in which we find a report

14     from the UNDU about the non-attendance in court.  There is also a form,

15     absence from court due to illness, in which it appears that Mr. Stanisic

16     says that he's unable to attend court proceedings on this date due to

17     illness, that he has discussed the matter with counsel, and that he has

18     not waived his right to be present.  Now we had some confusion last time,

19     but this time the empty box remains empty, from what I understand.

20             Then we have received the observations by the principal officer

21     and the UNDU medical service, and finally we have received a report by

22     Dr. Eekhof, reporting medical officer.  These documents have been filed

23     this morning.

24             We find on these forms, Mr. Knoops, apart from the expression of

25     Mr. Stanisic that he feels not well enough to attend court, also that he

Page 1414

 1     does not want to follow the proceedings through a videolink.  Are you

 2     informed about the reasons why Mr. Stanisic doesn't want to go to the

 3     videolink room and follow the proceedings from there?  Is there anything

 4     with the technicalities of that or does he have any difficulties in

 5     moving to that place?  Could you inform us about the reasons.

 6             MR. KNOOPS:  Your Honour, the Defence would -- later on would

 7     like to submit a formal application to the Court, but now that the Court

 8     has invited the Defence to comment on this aspect, we can inform the

 9     Court that both Mr. Jordash and I went to see the defendant this morning,

10     just before the medical examination, and we were informed that

11     Mr. Stanisic is not able to participate at this videolink conference

12     purely based on his mental condition.  So it has nothing to do with the

13     technicalities, but purely on the basis of his mental stage at this

14     moment.

15             And to this extent, we have just filed courtesy copies to the

16     Prosecution of the report of Dr. Petrovic of the 10th of May, which was

17     referred to in the first report of Dr. Eekhof of 11th of May; and if the

18     Legal Officer is so kind to distribute the copies to the Justices.  We

19     find support in this report for this conclusion that Mr. Stanisic is not

20     able to participate -- apart from physical aspects is not able to

21     participate on the basis of his mental condition.  And we believe that

22     this support is also re-affirmed by the reports today filed by Dr. Eekhof

23     and the accompanying report of the -- I believe the medical service,

24     column 4(A).

25             So in sum, it's the position of the Defence that Mr. Stanisic is

Page 1415

 1     mentally not able to participate during any alternative, namely, the

 2     videolink conference apart from the fact that he is not able to be

 3     transported at all to the court according to the report of Dr. Eekhof.

 4             If Your Honours wish me to continue, we can also wait for the

 5     moment to submit a formal application to the Court after potentially

 6     hearing Dr. Eekhof on this matter.

 7                           [Trial Chamber confers]

 8             JUDGE ORIE:  Mr. Knoops, we will have an opportunity to put

 9     further questions to Dr. Eekhof, but Dr. Eekhof comes to a different

10     conclusion, that Mr. Stanisic is fit enough to participate in proceedings

11     from -- through a videolink.  Because you referred to apparently someone

12     who says, on the one hand, I confirm that he has no observable symptoms

13     with which I can judge whether or not he's too unwell to attend court and

14     at the same time gives an expectation that it will be different than one

15     day.  It's not easy to understand how you could establish one and

16     conclude the other.  But reference is made to the report of the reporting

17     medical officer, who confirms that there's still a depression.  So

18     therefore, I think we should first of all consider whether we have any

19     additional questions to be put to Dr. Eekhof.  Then after that you can

20     make your submission.  And finally then the Chamber will decide whether

21     and how to proceed.

22             In order to put any further questions to Dr. Eekhof, I'd like to

23     establish the videolink with the UN Detention Unit.

24             Madam Registrar.

25                           [Trial Chamber and Registrar confer]

Page 1416

 1             JUDGE ORIE:  Dr. Eekhof, I can see you at this moment.  Can you

 2     see me?

 3             MR. EEKHOF: [Via videolink] [Microphone not activated]

 4             JUDGE ORIE:  I cannot hear you yet but it might be that I have to

 5     move --

 6             MR. EEKHOF: [Via videolink] No, I think I forgot to push on the

 7     mute button, Your Honour.  I'm sorry.

 8             JUDGE ORIE:  Yes, I now can hear you.  Can you hear me?

 9             MR. EEKHOF: [Via videolink] I can hear you very clearly.

10             JUDGE ORIE:  Yes.  We received a report dated the 9th of June

11     in -- and I just briefly read the conclusions.  You come to the

12     conclusion that Mr. Stanisic is not fit to be transported, that he's not

13     fit to sit for more than ten minutes, that he is fit enough to

14     participate in proceedings if sitting is limited to ten minutes, and that

15     he's fit enough to participate in proceedings up to one hour in the bed

16     that has been installed in the video teleconference room.  I would like

17     to give an opportunity to the parties to ask for additional information,

18     and it may well be that we then would still have some additional

19     questions for you as well.

20             Mr. Groome, do you have any further questions?

21             MR. GROOME:  Just a couple of brief questions.

22             Good afternoon, Dr. Eekhof.  The first question that I would like

23     to ask you is in paragraph 5 of the report you drafted today, the

24     9th of June, you say that:  "He," meaning Mr. Stanisic, "declined the

25     offer by Dr. Falke to consult a psychiatrist."

Page 1417

 1             Do I take it from that that Mr. Stanisic was offered an

 2     opportunity to meet with someone who could discuss his mental state but

 3     that he declined such an offer?

 4             MR. EEKHOF: [Via videolink] That is true.  He declined it for the

 5     reason that he wasn't prepared to tell all his story and all his problems

 6     to a new psychiatrist.

 7             MR. GROOME:  Thank you.  Now, you've heard Mr. Knoops say that

 8     the sole reason for Mr. Stanisic not being here today is because of his

 9     mental state, as he perceives it himself.  Having heard that, does that

10     change your opinion with respect to your first conclusion, he is not fit

11     to be transported?

12             MR. EEKHOF: [Via videolink] He is not fit to be transported on

13     somatic grounds not on psychiatric --

14             MR. GROOME:  But now having heard Mr. Knoops say that

15     Mr. Stanisic is not putting forward any somatic grounds for his inability

16     to be present here, does that change your opinion as to whether he could

17     be transported here if he chose to come to court?

18             MR. EEKHOF: [Via videolink] No, as he still has his somatic

19     problems.

20             MR. GROOME:  Thank you.  No further questions, Your Honour.

21             JUDGE ORIE:  Thank you.

22             Mr. Knoops.

23             MR. KNOOPS:  By the way, this was only mentioned in reference to

24     the videolink conference.  Prosecution was summarising the Defence

25     comments, I think, in a different context.

Page 1418

 1             Dr. Eekhof, good afternoon.

 2             MR. EEKHOF: [Via videolink] Good afternoon, Mr. Knoops.

 3             MR. KNOOPS:  As you may remember, last week we were questioning

 4     you on the same subject, namely, the underlying basis of your own

 5     observation that there are, in your view, no evident psychiatric reasons

 6     preventing him from participating in the proceedings.

 7             MR. EEKHOF: [Via videolink] That is true.

 8             MR. KNOOPS:  Was -- after Tuesday, was there a new psychiatric

 9     evaluation conducted by Dr. Petrovic?

10             MR. EEKHOF: [Via videolink] As far as I know, no.

11             JUDGE ORIE:  I have difficulties in hearing you, Dr. Eekhof.  Is

12     there --

13             MR. EEKHOF: [Via videolink] I get a bit nearer to the microphone.

14     Can you hear me better now?

15             JUDGE ORIE:  Yes, it's fine now.

16             Please proceed.

17             MR. EEKHOF: [Via videolink] I'll do my best.

18             MR. KNOOPS:  So, Dr. Eekhof, that means that the foundation of

19     the report also of 9th of June is relying on the report of Dr. Petrovic

20     of the 10th of May; is that correct?

21             MR. EEKHOF: [Via videolink] Yes, yes, and my own observation.

22             MR. KNOOPS:  Yes.  In the meantime, the Defence was able to

23     retrieve a copy of the report of Dr. Petrovic of the 10th of May, which

24     is now in possession of the Justices and the Prosecution, and in the

25     second paragraph of this report, in line 9, it's said:

Page 1419

 1             "His intellectual efficiency is fluctuating, same as his overall

 2     participation."

 3             Are you familiar with this comment of Dr. Petrovic?

 4             MR. EEKHOF: [Via videolink] I am, yes.

 5             MR. KNOOPS:  And you agree with this?

 6             MR. EEKHOF: [Via videolink] Not completely.  When I talked with

 7     him he's able to discuss his illness.  Of course I do not discuss the

 8     case, but his state of his illness and his complaints were -- he's very

 9     well able to discuss it.  But as I stated in my report, I'm not a

10     psychiatrist.  But as far as I can see it, as a general practitioner who

11     has training in psychiatry, I think that he's able to follow the

12     proceedings.

13             MR. KNOOPS:  But in your previous report you state every time

14     that the psychological condition's unchanged, and during that you refer

15     to the report of Dr. Petrovic.

16             MR. EEKHOF: [Via videolink] Yes.

17             MR. KNOOPS:  So actually, now that Dr. Petrovic is saying that

18     his intellectual efficiency to participate is fluctuating, same as his

19     overall participation, isn't it so that this isn't changed at all?

20             MR. EEKHOF: [Via videolink] Sorry, I do not understand your

21     question.  What has not changed?

22             MR. KNOOPS:  His intellectual efficiency is fluctuating as

23     same -- the same as his overall participation.

24             MR. EEKHOF: [Via videolink] It is -- in the meetings I have had

25     with Mr. Stanisic, it was not a question I had.  Of course his state of

Page 1420

 1     mind is fluctuating, but there is a difference between being depressed as

 2     a state of mind and depression as an illness.

 3             MR. KNOOPS:  And Dr. Petrovic also writes in the first paragraph

 4     that his depressiveness and apathy has become permanent.

 5             MR. EEKHOF: [Via videolink] That is not completely my

 6     observations.

 7             MR. KNOOPS:  But you do refer to her report, and in the

 8     subsequent reports you say that his psychological state has been

 9     unchanged.

10             MR. EEKHOF: [Via videolink] Yes.

11             MR. KNOOPS:  So you agree with me that the report of Dr. Petrovic

12     is at this moment the only foundation to have any grasp as to his

13     psychological situation?

14             MR. EEKHOF: [Via videolink] No, it is -- as a GP, I have to base

15     my opinion on reports of specialists but also on my own observations and

16     on diagnoses which I make.

17             MR. KNOOPS:  Yeah.  Now, today, for the first time in your

18     reporting system you say that in your opinion a report by Dr. De Man on

19     the present psychological and psychiatric state would provide us with an

20     expert view and advice.

21             MR. EEKHOF: [Via videolink] Yes.

22             MR. KNOOPS:  What is the reason that you make this suggestion

23     now?

24             MR. EEKHOF: [Via videolink] In fact, the suggestion -- I talked

25     about De Man last time in the report.  I mentioned Dr. De Man on the last

Page 1421

 1     report -- on the previous report, I'm sorry.  And at this moment as

 2     there's a difference in opinion, partly between Mr. Stanisic and me, and,

 3     as you said, Dr. Petrovic, over his state of mind, that's why I suggested

 4     it would be a good idea to have an expert give his opinion.

 5             MR. KNOOPS:  So this is also based on your -- on the fact that

 6     you're not entirely sure whether there is indeed any psychiatric reason

 7     preventing him from participating in the proceedings?

 8             MR. EEKHOF: [Via videolink] It's to exclude that there would be

 9     psychiatric reason included in the proceedings.  It is normal -- even if

10     we know the diagnosis, even if we are quite sure in our profession to

11     seek advice from specialists.

12             MR. KNOOPS:  All right.

13             The observation that Mr. Stanisic is fit enough to participate in

14     the proceedings up to one hour in the bed that has been installed in the

15     VTC room, is it correct that the term "fit" in this context is used in

16     the context of somatic reasons?

17             MR. EEKHOF: [Via videolink] Somatic and psychological reasons.

18             MR. KNOOPS:  Now you just said that -- to exclude any possibility

19     that Mr. Stanisic is not able to participate in the proceedings on mental

20     reasons.  Is it your opinion that any further proceedings should be based

21     on such a report?

22             MR. EEKHOF: [Via videolink] If the report is made as suggested,

23     then that would be a base to continue or to install treatment or to

24     change the treatment.

25             MR. KNOOPS:  Now, has there been any psychotherapeutic treatment

Page 1422

 1     of Mr. Stanisic since the 11th of May?

 2             MR. EEKHOF: [Via videolink] It has been offered but he has

 3     refused.

 4             MR. KNOOPS:  Well, you just said that Dr. Falke offered to

 5     consult psychiatrists.

 6             MR. EEKHOF: [Via videolink] No, for him to consult, offered him a

 7     consultation with a psychiatrist.

 8             MR. KNOOPS:  Well, I'm speaking about a treatment -- was there

 9     any treatment --

10             MR. EEKHOF: [Via videolink] -- with a treating psychiatrist.

11             MR. KNOOPS:  But Dr. Petrovic left, I believe, shortly after

12     Mr. Stanisic arrived; is that correct?

13             MR. EEKHOF: [Via videolink] That's correct, and she will not be

14     back until the end of the month, that's why Dr. Falke offered to consult

15     for treatment as a treating doctor another psychiatrist.

16             MR. KNOOPS:  And when was this offer made?

17             MR. EEKHOF: [Via videolink] Last week.

18             MR. KNOOPS:  Last week.  So we can conclude that since the

19     departure of Dr. Petrovic until this offer there was no treatment of

20     Mr. Stanisic in a psychotherapeutic sense; is that correct?

21             MR. EEKHOF: [Via videolink] That is correct.

22             MR. KNOOPS:  And do you agree with the view that Dr. De Man,

23     being aware of the background and history of the case, would be the best

24     suitable person to consult or to ask to file a report?

25             MR. EEKHOF: [Via videolink] I think he would be the best man to

Page 1423

 1     file a report and to give advice.

 2             MR. KNOOPS:  And can you understand the reason why Dr. -- why

 3     Mr. Stanisic is in this stage, from his perspective, is preferring

 4     somebody who knows his story already instead of having a new psychiatric

 5     evaluation by a new specialist?  Can you understand that reason?

 6             MR. EEKHOF: [Via videolink] I understand it fully.

 7             MR. KNOOPS:  Dr. Eekhof --

 8             MR. EEKHOF: [Via videolink] But --

 9             MR. KNOOPS:  Sorry?

10             MR. EEKHOF: [Via videolink] What I was saying we offered -- he

11     was offered a treating psychiatrist, not an evaluation, last week.

12             MR. KNOOPS:  Okay.  Dr. Eekhof, this morning we were informed

13     that the medication changed of Mr. Stanisic; is that true?

14             MR. EEKHOF: [Via videolink] That is correct.  That is regarding

15     his colitis.  He was [indiscernible].

16             MR. KNOOPS:  Because we read in your report of the 9th of June

17     that the colitis showed some signs of inflammation.

18             MR. EEKHOF: [Via videolink] Yes.  We monitored him so closely

19     that at the least sign of change, we -- Dr. Falke consulted Dr. Cazemir,

20     and together they decided to change the medication.

21             MR. KNOOPS:  So based on this inflammation, is it fair to say

22     that his somatic situation also decreased -- increased, sorry?

23             MR. EEKHOF: [Via videolink] Well, his well-being has not changed

24     much.  The general condition hasn't changed much.  What we are doing now

25     is reacting on the earlier signs of any common complications.

Page 1424

 1             MR. KNOOPS:  We were informed that Mr. Stanisic is now being

 2     given the medication Tramadol; is that correct?

 3             MR. EEKHOF: [Via videolink] Yes, that is correct.

 4             MR. KNOOPS:  Is that akin to some kind of a morphine?

 5             MR. EEKHOF: [Via videolink] No, it's not an opiate.  It's related

 6     but it is not under the group of opiate and does not have the same

 7     effects on the mind.

 8             MR. KNOOPS:  Well, we were informed that this medication does

 9     affect the state of mind, the level of concentration, and the ability to

10     use intellectual capacities.  Do you agree with that?

11             MR. EEKHOF: [Via videolink] Why, it is possible that it does like

12     a lot of other medication, but not the way an opiate would do it.

13             MR. KNOOPS:  So it cannot be excluded that the change of

14     medication and the effects of this medication could be of influence on

15     his mental state of mind?

16             MR. EEKHOF: [Via videolink] Well, it cannot be excluded

17     completely, no.

18             MR. KNOOPS:  We were also informed that the bleeding of

19     Mr. Stanisic restarted which was evidenced by the samples of his urine;

20     is that correct?

21             MR. EEKHOF: [Via videolink] Well, Mr. Stanisic -- no, the -- we

22     are talking about two different bleedings.  The bleeding in his urine is

23     continuous.  We only monitor the quantity of it.  And the other bleeding

24     he's talked about is from colitis, which was reacted.

25             MR. KNOOPS:  My last question, Dr. Eekhof, is:  The formular

Page 1425

 1     which is attached to your report which is titled "UNDU Medical Service,

 2     Questions 1, 2, 4, and 5," it was answered in regards to column 4(A):

 3             "Including today, I assessed that he will require a one-day

 4     absence before he should be fit to attend court once more."

 5             Have you noticed --

 6             MR. EEKHOF: [Via videolink] Yes.

 7             MR. KNOOPS:  Was this approved by you?

 8             MR. EEKHOF: [Via videolink] It was approved by me.

 9             MR. KNOOPS:  So actually you're saying that for today

10     Mr. Stanisic is not fit to attend court?

11             MR. EEKHOF: [Via videolink] That's the benefit of the doubt which

12     we have as treating doctors.

13             MR. KNOOPS:  Right.  But the term "fit," is this mentioned here

14     or used here in a somatic mental or somatic and/or mental sense.

15             MR. EEKHOF: [Via videolink] Fitness in the medical world is also

16     somatic and mental.

17             MR. KNOOPS:  So you are actually that also mentally, for today

18     Mr. Stanisic cannot attend court; is that correct?

19             MR. EEKHOF: [Via videolink] Well, in total -- the total is not

20     able to be in court.

21             MR. KNOOPS:  Thank you.  Your final --

22             MR. EEKHOF: [Via videolink] Until he's been seen by Dr. Falke.

23     That's [indiscernible].

24             MR. KNOOPS:  And does this also include the videolink conference

25     for today?

Page 1426

 1             MR. EEKHOF: [Via videolink] Yes, yes.

 2             MR. KNOOPS:  And your ultimate advice to the parties in this

 3     courtroom today is that preferably a further psychiatric evaluation by

 4     Dr. De Man should be conducted --

 5             JUDGE ORIE:  Mr. Knoops.  Mr. Knoops --

 6             MR. KNOOPS:  Yes.

 7             JUDGE ORIE:  Dr. Eekhof does not have to give any advice to the

 8     parties in this court.  He can give his opinion.  That's it.

 9             MR. KNOOPS:  Okay.  Thank you.

10             JUDGE ORIE:  Please proceed.

11             MR. KNOOPS:  I have no further questions.  I look to my -- no

12     questions, Your Honour.  Thank you.

13             JUDGE ORIE:  Thank you.  It was not that Dr. Eekhof could not

14     give advice, but you asked him to advise all the parties in this court

15     and that's of course for the Chamber to decide.  So any advice should be

16     addressed to the Chamber or to no one else.

17                           [Trial Chamber confers]

18             JUDGE ORIE:  Dr. Eekhof, I have a few questions for you.  You

19     said that you considered that Mr. Stanisic was not able to attend court

20     that, I would say, already follows from your observation that he's not

21     fit to be transported.  I might have questions on that at a later stage,

22     but then Mr. Knoops asked you whether that would also be true for

23     attending court through the videolink.  And I think you answered in the

24     affirmative.  Now, in your report of this morning I read that

25     Mr. Stanisic is fit enough to participate in proceedings up to one hour

Page 1427

 1     in bed in the VTC room.  I have some difficulties in reconciling what you

 2     just said and what I find in the report of -- that was given this

 3     morning.  Could you help me out?

 4             MR. EEKHOF: [Via videolink] Well, when I visited Mr. Stanisic I

 5     made my own conclusion.  I observed him.  I talked with him.  And my

 6     report is based on that fact.  As a doctor, say somebody reports ill, a

 7     further assessment is necessary, and I told Mr. Knoops that until then,

 8     as a treating doctor, the patient has the benefit of the doubt.  I do not

 9     have new information which would change my initial report.  That's what I

10     said.  Maybe not a real legal answer, but --

11             JUDGE ORIE:  No, apart from a legal answer I do not fully

12     understand the answer.  That's my problem.  This morning you said he's

13     able to --

14             MR. EEKHOF: [Via videolink] Yes.

15             JUDGE ORIE:  -- follow the proceedings through a videolink.

16             MR. EEKHOF: [Via videolink] Yes, and he reported ill after that.

17             JUDGE ORIE:  He reported ill after that, and you say because he

18     reported ill, I have to give him the benefit of the doubt.

19             MR. EEKHOF: [Via videolink] Well, based on my report he is fit to

20     sit in the video teleconference room.

21             JUDGE ORIE:  Did you establish any change since you have written

22     this report this morning?

23             MR. EEKHOF: [Via videolink] No.

24             JUDGE ORIE:  So therefore the conclusion would be the same,

25     although in view of the fact that Mr. Stanisic feels he is too ill, that

Page 1428

 1     you should give him the benefit of the doubt for that purpose?

 2             MR. EEKHOF: [Via videolink] The only change in opinion would be

 3     the benefit of the doubt at this point.

 4             JUDGE ORIE:  Yes.  Then you said he is not fit to be transported.

 5     Is that for the reasons of physical illness?

 6             MR. EEKHOF: [Via videolink] For physical reasons.

 7             JUDGE ORIE:  Yes.  And would that be the herniated disc which

 8     causes the problem and together with the colitis?

 9             MR. EEKHOF: [Via videolink] At this moment, the colitis is a big

10     problem.  I'd like to point out he does -- he has lower-back pain, but

11     it's not based on herniation at this moment; that has been excluded.

12             JUDGE ORIE:  Yes.  And no other cause has been established at

13     this moment?

14             MR. EEKHOF: [Via videolink] No.

15             JUDGE ORIE:  Could you explain to me why it was -- how I have to

16     understand that it was possible to transport Mr. Stanisic from Belgrade

17     to The Hague, where apparently transportation is not in any way possible

18     between the UNDU and the Tribunal's premises where we are at this moment?

19             MR. EEKHOF: [Via videolink] The back pain got much worse after

20     his -- on his arrival here.  I did not examine him beforehand, but that

21     is the reason at this moment.  That's also the reason why we are planning

22     a rehabilitation programme with a physiotherapist.

23             JUDGE ORIE:  Yes, and you earlier reported that he had refused

24     physiotherapeutical treatment.  No start has yet been made.  Has he

25     approved already to be treated by a physiotherapist?

Page 1429

 1             MR. EEKHOF: [Via videolink] I just got the report in, so I do not

 2     know if he has agreed or not.

 3             JUDGE ORIE:  So matter is as it was before, that he had not given

 4     his consent up to this moment?

 5             MR. EEKHOF: [Via videolink] Yes.

 6             JUDGE ORIE:  You said you did not examine Mr. Stanisic before he

 7     left Belgrade.  What's, then, the exact basis for the observation that

 8     the back pain has become far worse?

 9             MR. EEKHOF: [Via videolink] Well, I did -- I was present on his

10     arrival at Schiphol and the way he walked out of the plane with some

11     difficulties, but not the difficulties he's showing here.

12             JUDGE ORIE:  Yes.  And at present, walking, moving around, is

13     that -- can he get out of --

14             MR. EEKHOF: [Via videolink] It's still very limited.  As far as

15     we can see, it's getting a little bit more often, but still very limited.

16             JUDGE ORIE:  Could he -- that we do not find that in the report.

17     Could he, for example, walk to the videolink room?

18             MR. EEKHOF: [Via videolink] No, he claims not to be able to.  I

19     cannot check it, but I assume he's not able to walk to the

20     videoconference room --

21             JUDGE ORIE:  What's the distance?

22             MR. EEKHOF: [Via videolink] It would be about 20, 30 metres to

23     the lift and then about 10 metres here.

24             JUDGE ORIE:  Yes.  Now, it's your observation that you think he

25     would not be able to go there.  As the parties are aware, the Chamber

Page 1430

 1     has, I think, informed the parties that the Chamber would seek additional

 2     information when needed.  From the information we received - and that's

 3     now put on the record - it was observed that Mr. Stanisic can move to a

 4     cell for smoking.  Could you explain to us why you consider him not to be

 5     able to go to the videolink cell, whereas he is apparently able to go to

 6     the smoking cell and stay there for a while to smoke?

 7             MR. EEKHOF: [Via videolink] Well, that -- in fact, it is not,

 8     from my point of view, important if he can walk it or not, as he's been

 9     provided a wheelchair, so he can be brought to the videoconference room

10     without any problems.  So his walking capacity is not a factor in being

11     able to be present in the video teleconference room.

12             JUDGE ORIE:  That may be true.  It's not an answer to my

13     question.  Is he moving to the smoking cell while using a --

14             MR. EEKHOF: [Via videolink] I'm not aware of it.

15             JUDGE ORIE:  You're not aware of that.

16             Has it been considered for transportation purposes to -- to find

17     solutions, for example, transport in a more horizontal position rather

18     than normally be seated on a chair in a vehicle?

19             MR. EEKHOF: [Via videolink] I'm not aware of a -- that question

20     has never been put to me, so I cannot answer it at the moment.

21             JUDGE ORIE:  Yes.  So therefore your conclusion that he's not fit

22     to be transported is -- could also depend on the conditions of

23     transportation; is that correctly understood?

24             MR. EEKHOF: [Via videolink] That is correct.

25             JUDGE ORIE:  Thank you for those answers.

Page 1431

 1             A final question to you, you said he would be able to participate

 2     in proceedings up to one hour.

 3             MR. EEKHOF: [Via videolink] Yeah.

 4             JUDGE ORIE:  How much time of rest would you consider appropriate

 5     before resuming?  Would that be half an hour?  40 minutes?  20 minutes?

 6     One hour?  Could you ...

 7             MR. EEKHOF: [Via videolink] This is always a very difficult --

 8     it's always more or less a guess.  I think after a recovery period of one

 9     hour he could proceed further.

10             JUDGE ORIE:  Yes.

11             Thank you for your answers.

12             I've no further questions for you.

13             Mr. Groome.

14             MR. GROOME:  Your Honour, would it be possible for me to ask a

15     follow-up question for a matter that arose during Your Honour's

16     questioning of Dr. Eekhof?

17             JUDGE ORIE:  Yes, please do.

18             MR. GROOME:  Doctor, when Judge Orie was asking you some

19     questions about Mr. Stanisic, you were describing what you are

20     characterizing as increased lower-back pain.  Now, looking at a report

21     that was filed on the 15th of May, it seems that there -- an MRI did not

22     reveal any underlying organic reason for the back pain; is that correct?

23             MR. EEKHOF: [Via videolink] That is correct.

24             MR. GROOME:  So am I correct in saying that your characterisation

25     of the level of back pain is based upon Mr. Stanisic's own reports that

Page 1432

 1     the back pain is becoming worse; is that correct?

 2             MR. EEKHOF: [Via videolink] In the case of lower-back pain

 3     without herniations, we -- it's the only thing we can rely on as a

 4     doctor.

 5             MR. GROOME:  Okay.  Thank you.

 6             Nothing further, Your Honour.

 7             JUDGE ORIE:  Thank you.

 8                           [Trial Chamber confers]

 9             JUDGE ORIE:  I'm looking at the parties.  I don't think that we

10     need the further presence and assistance of Dr. Eekhof.

11             That being confirmed, Dr. Eekhof, I would like to thank you very

12     much for making yourself available and we'll close the videolink.  At

13     least I can't see you anymore.

14             MR. EEKHOF: [Via videolink] Thank you.

15             JUDGE ORIE:  Thank you.

16             Mr. Knoops, you announced that you'd make an application.

17             MR. KNOOPS:  Your Honour, Mr. Jordash will file the application.

18             JUDGE ORIE:  Yes.

19             Mr. Jordash, could you give us any impression on how much time

20     you would you need for that?

21             MR. JORDASH:  Five to ten minutes.

22             JUDGE ORIE:  Please proceed.

23             MR. JORDASH:  The application is for an adjournment of today's

24     hearing and tomorrow's hearing in order to have Mr. Stanisic seen and

25     diagnosed by Dr. De Man.  We rely upon both Dr. Eekhof, who, as

Page 1433

 1     Your Honours know, recommends that such a diagnosis should take place,

 2     and we rely upon the report from Dr. Petrovic which buttresses that

 3     suggestion.  The report is dated the 10th of May, 2009, and, as

 4     Your Honours know, indicates that his -- Mr. Stanisic's overall

 5     psychological functioning has worsened.  And so we submit the same

 6     benefit of the doubt that Mr. -- Dr. Eekhof gave to the accused exists

 7     and will continue to exist until a psychiatrist, and preferably

 8     Dr. De Man because he's the one who has the history and a clearer picture

 9     of Mr. Stanisic over a long period of time.  Before he has seen him, the

10     Court, in our submission, will be returned again and again to this same

11     debate, which is Dr. Eekhof, as a general practitioner, coming to

12     conclusions which are undoubtedly well thought out from his perspective,

13     but coming to conclusions which he himself caveats constantly with, "We

14     ought to have the benefit of a specialist."  "I might be wrong" is the

15     subtext to his detailed but caveated opinion.

16             And in our submission, this situation to a large degree has

17     existed for some time.  We had a report from Dr. De Man dated the

18     19th of March, which led to the Prosecution's application to re-call

19     Mr. Stanisic for further treatment in -- sorry, for diagnosis at the

20     Pieter Baan Centre in Amsterdam.  We -- or Your Honours returned

21     Mr. Stanisic to detention.  And since that time Mr. Stanisic has only

22     seen Dr. Petrovic.  That is the only psychiatric diagnosis which he has

23     had since that time.  And there is no evidence on the record from a

24     psychiatrist since Mr. Stanisic's re-call which has indicated anything

25     other than there is a serious problem.

Page 1434

 1             And we accept, of course, that Mr. Stanisic declined the offer,

 2     but we would submit that a reasonable position to take in relation to

 3     someone who is ill, whether that is a minor physical illness which has

 4     been ongoing for some time or whether, in the case of Mr. Stanisic, it is

 5     a serious and long-standing psychiatric condition, it makes sense, we

 6     submit, for Mr. Stanisic to see a psychiatrist who is fully cognizant of

 7     the history; and it makes sense, we submit, and it's realistic for

 8     Mr. Stanisic to say, Well, I'd rather not describe the inner recesses of

 9     my mind and my depression to a new person.

10             And so we submit every single pointer is suggesting more

11     information is needed before Your Honours could rule that the trial at

12     this stage should proceed.  We are not asking for an adjournment of

13     several months; simply, these two afternoons so that Dr. De Man can

14     visit, diagnose, and then when we return to court we're all, and

15     particularly Your Honours, in a better position to decide what to do and

16     to decide if those veiled suggestions concerning Mr. Stanisic's

17     reluctance to come to court are in fact justified, or in fact the

18     diagnosis supports his position that he's not well enough to come to

19     court or attend the video conferencing room.

20             Those are my submissions.

21             JUDGE ORIE:  Thank you, Mr. Jordash.

22             Mr. Groome, do you want to respond?

23             MR. GROOME:  Yes, Your Honour.

24             With respect to Mr. Jordash's submissions, a couple of

25     observations.  Once again, I think we're running into a problem that's --

Page 1435

 1     that arose last year and I think it's starting to make itself quite

 2     apparent here is this conflation of the assessing of Mr. Stanisic and the

 3     treatment of Mr. Stanisic.  Mr. Stanisic and Dr. De Man have -- they've

 4     never had a therapeutic relationship.  Dr. De Man was a Court-appointed

 5     expert asked to give his professional opinion about Mr. Stanisic.

 6             It may be true that Mr. Stanisic needs some psychiatric treatment

 7     and it may be true that if Dr. Petrovic can only see him what seems to be

 8     at intervals of six weeks, that he may need more than that.  And

 9     certainly if it's the assessment of Dr. Falke and Dr. Eekhof that he

10     would benefit from more regular and predictable psychiatric therapy, the

11     Prosecution certainly would have no opposition to that.  But it's clear

12     that Dr. De Man is not the person to be doing that if he is to maintain

13     his position as a Court-appointed expert to give his professional opinion

14     and his assessment about Mr. Stanisic to Your Honours.

15             I must take issue with what Mr. Jordash is putting forward now

16     as -- he's jumping or asking the Chamber to draw the conclusion that

17     Dr. Eekhof's suggestion, that it may be a good idea to ask Dr. De Man to

18     look at Mr. Stanisic, as undermining his own conclusion.  And I would

19     draw the Chamber's attention to page 9 of today's transcript beginning at

20     line 19 where when Mr. Knoops put this proposition to Dr. Eekhof, he

21     said:

22             "It is normal even if we know the diagnosis, even if we are quite

23     sure in our profession to seek the advice from specialists."

24             I submit that Dr. Eekhof's suggestion that it might be beneficial

25     to have Dr. De Man's view on it is not him expressing any doubt in his

Page 1436

 1     own opinion which we have in his report dated from today in which he

 2     says:

 3             "There are no evident psychiatric reasons preventing him from

 4     participating in proceedings."

 5             It is simply a statement of Dr. Eekhof of what any careful and

 6     prudent physician would say when an expert might be invited to

 7     participate in an assessment.  I believe that there is a sufficient

 8     basis, Your Honour, on the -- all of the evidence that's before you to

 9     suggest that Mr. Stanisic can participate in proceedings today and

10     that -- the Prosecution submits we should move forward.  I'd also ask

11     before I sit down for the Chamber to consider -- it seems clear that

12     Mr. Stanisic could be brought in a wheelchair to the video conference

13     link to -- if the Chamber has any doubt about this, to give some

14     consideration to whether it might not be prudent to have Mr. Stanisic

15     brought so the Chamber can make its own assessment of his state of mind

16     and his ability to participate.

17             And finally, Your Honour, I would just say that what we're --

18     what was on the agenda today is the opening of the Prosecution and that

19     is somewhat different from every other aspect of the trial, and that is

20     really the one part of the trial where there is no active participation

21     by an accused.  The opening that I am going to give today is in

22     substantial part similar to the one I gave a year ago, that Mr. Stanisic

23     has had over a year to discuss it with his attorney.  It is quite

24     possible for the Chamber or I would even request that the Chamber

25     consider issuing an order requiring a video copy of the opening be

Page 1437

 1     provided to Mr. Stanisic within 48 hours of the opening so he could again

 2     sit down with Mr. Knoops and Mr. Jordash and fully discuss this.  And

 3     also the opening is a mere expounding on the pre-trial brief which

 4     Mr. Stanisic has had in his possession for approximately two years.

 5             So there really is no active role for Mr. Stanisic to play.  As

 6     far as the content of the opening, that could be given to him fully by

 7     this evening or tomorrow.  So I submit, Your Honour, that there really is

 8     no basis for us not proceeding today with the Prosecution opening.  Thank

 9     you.

10             JUDGE ORIE:  Thank you, Mr. Groome.

11             Mr. Jordash.

12             MR. JORDASH:  May I briefly respond, please?

13             JUDGE ORIE:  Yes.

14             MR. JORDASH:  Thank you.  My learned friend makes several

15     suggestions, noting that Dr. Eekhof is merely being prudent and that

16     Your Honours might equally be prudent by having the accused brought to

17     court in a wheelchair.  So we're really not arguing about much.  We both

18     agree that it would be prudent to obtain further information about

19     Mr. Stanisic's condition.

20             Now, in our submission, before we start to bring somebody who

21     potentially may be seriously psychiatrically ill to court in a

22     wheelchair, we ought to take the suggestion which has been made by the

23     doctor, Dr. Eekhof, which is the prudent suggestion that we have a

24     psychiatric assessment and sooner rather than later.  And prudence is the

25     right way because we are talking about a major war crimes case about to

Page 1438

 1     start and prudence suggests that we should be sure if there is a viable

 2     and relatively straightforward way of satisfying ourselves or the Court's

 3     minds as to Mr. Stanisic's illness.

 4             And my learned friend makes the further suggestion that, well,

 5     it's the opening statement and therefore not much will happen and we can

 6     give the opening statement to the accused tomorrow.  But we're back to

 7     the same place.  If it's prudent to require further diagnosis, prudent

 8     for Your Honours to see the accused, it's prudent to assume that whatever

 9     mental condition Mr. Stanisic might be suffering will not entirely allow

10     him to read the opening tomorrow.  So it matters not whether we take the

11     opening in a bundle of paper or we try to have Mr. Stanisic listen to it

12     on a video conferencing system.  If he's ill, he's ill, and we won't know

13     that until we take, in our submission, this next step.

14             Those are our submissions.  Thank you.

15             JUDGE ORIE:  Thank you --

16             MR. KNOOPS:  Your Honour, if I may add.  The Prosecution, as you

17     may recall, last Tuesday I was standing here.  I made the suggestion to

18     the Court, I said, We are back in the same position as last year if we

19     don't learn a lesson from the past, i.e., that we re-call a psychiatrist

20     for evaluation.  I recall that Mr. Groome was supporting my submission.

21     Your Honours can remember that.  Mr. Groome was supporting my submission

22     that we should have a psychiatric evaluation before the start of the

23     case.  Now today the Prosecution apparently changed their mind, but we as

24     Defence, we have alerted the Chamber to the situation that it is

25     absolutely, also from the perspective of efficiency of this case,

Page 1439

 1     worthwhile to have this evaluation in place before the start of the case.

 2     And I think it's important to notify the Court that the same Prosecution

 3     today apparently changed their mind while Dr. Eekhof's report is actually

 4     more in support of our submissions than last week.  Thank you.

 5             JUDGE ORIE:  Thank you.

 6             Mr. Groome.

 7             MR. GROOME:  I just wouldn't want my silence to be --

 8             JUDGE ORIE:  To be misunderstood --

 9             MR. GROOME:  -- to be misinterpreted as -- misunderstood as

10     consent.  The point I simply made last week, and I think I discussed with

11     the Chamber and the Chamber responded, is just the Prosecution continues

12     to view it as essential that the treatment and the assessment be

13     separated.  So I don't oppose whatever assessments are done.  That's not

14     the same as saying that I believe that we need to stop proceedings for

15     that assessment process.  I was simply saying to the Chamber I thought

16     that it was imperative that, as soon as possible, we have a completely

17     independent assessment procedure established.

18             JUDGE ORIE:  Thank you, Mr. Groome.

19                           [Trial Chamber confers]

20             JUDGE ORIE:  We'll adjourn for -- I think in Latin one says if

21     it's for a longer period of time sine die, but I would say sine hora

22     which means the time the Chamber will need to decide whether the

23     application should be granted or not.  We do not know yet, but let's say

24     that we'll certainly not resume before 20 minutes to 4.00.

25                           --- Recess taken at 3.19 p.m.

Page 1440

 1                           --- On resuming at 3.54 p.m.

 2             JUDGE ORIE:  Before I deliver the ruling of the Chamber on the

 3     matters we discussed before the break, I first inform the parties that a

 4     decision was filed today to include in the modalities for trial, to that

 5     extent it's an amendment to the modalities of trial, to include regular

 6     reporting by an independent psychiatrist every two months.

 7             The Chamber has carefully considered all the submissions made by

 8     the parties and reject the request for an adjournment.  This decision

 9     will be given in writing with all the reasons, but just to give a very

10     summary explanation and the language not being authoritative, the Chamber

11     finds that no objective medical reasons were established that would

12     disable the accused to follow the proceedings, if not in court itself at

13     least through a videolink.  Again, the reasons will be set out in a

14     written decision that will follow soon.

15             The application by the Defence was to adjourn the proceedings and

16     to order an examination, a psychiatric examination, so as to exclude for

17     the possibility that psychiatric reasons could oppose against a

18     continuation of the proceedings.  That of course is implicitly rejected

19     as well but will be dealt with also in the written decision.  And as a

20     result of the decision filed today, which you may not have seen yet but

21     you will understand that it was not drafted the last 15 minutes, we

22     discussed the matter earlier, that we were -- the Chamber expects to

23     receive relatively soon a new psychiatric report.

24             The Chamber has considered how to proceed and the Chamber would

25     like the Registrar to send a copy of the following lines to the

Page 1441

 1     United Nations Detention Unit so that Mr. Stanisic will be informed about

 2     the decision by the Chamber, the decision that a request for adjournment

 3     has been rejected due to the fact that no objective medical reasons were

 4     established that would disable the accused to follow the proceedings, if

 5     not in this courtroom then through a videolink, which would also allow

 6     for the accused to further consider whether he wants to follow the

 7     proceedings from the video room.

 8             For that purpose we will again adjourn and the Chamber would like

 9     to be informed about once this message has been conveyed to the accused

10     whether he wants to follow the proceedings through the videolink, and as

11     the parties may understand, it will have some consequences for how long

12     sessions would be, how long breaks would be.  Therefore, the Chamber

13     would like to be informed, if possible within 15 minutes, about the

14     result of this information to be conveyed to the accused.

15             We will resume at a quarter past 4.00.

16                           --- Break taken at 4.00 p.m.

17                           --- On resuming at 4.26 p.m.

18             JUDGE ORIE:  The Chamber received a copy of an e-mail sent by

19     Fraser Gilmour addressed to the Registry, a person in the Registry, and

20     I'll read it into the record.  First the name of the addressee is

21     mentioned and:

22             "I have just spoken with Mr. Stanisic with the assistance of a

23     language assistant to avoid any problems of misinterpretation.  I

24     explained the situation to him and informed him that the Chamber would

25     like to know if he wishes to participate in proceedings via videolink.

Page 1442

 1     Mr. Stanisic refused the opportunity."

 2             Then it continues:

 3             "I left a copy of the following section of the transcript for

 4     Mr. Stanisic to read in his own time."

 5             And then the section starts with:  "The Chamber has considered

 6     how to proceed and the Chamber would like the Registrar ..." which we

 7     find on today's transcript at 15.58.41 up to 16.00.34, the last words

 8     being about the result of this information to be conveyed to the accused.

 9             "Regards."

10             That is put on the record.  In view of the present situation

11     we'll proceed.

12             MR. KNOOPS:  Your Honour.

13             JUDGE ORIE:  Yes.

14             MR. KNOOPS:  May I briefly, before the Prosecution starts with

15     its opening, address the Court with a request to the Chamber.  We humbly

16     request the Chamber to instruct the Registrar to, if possible, have the

17     first psychiatric report available timely before the 29th of June.  Many

18     of the reasons can be adduced for this, but one of the reasons is that --

19             JUDGE ORIE:  Yes, Mr. Knoops.  This is a request which could have

20     been easily addressed at another moment and even informally.  Let's focus

21     today on what we're here for now after we have decided whether or not to

22     proceed, and just perhaps for the parties to explain.  Everything that

23     can be settled without any negative consequences out of court we should

24     not use court time for that.  We are limited in our time, and first of

25     all it goes almost without saying that the Chamber has taken the

Page 1443

 1     initiative already that of course we start to have the first report as

 2     soon as possible.  Also in view of the frequency.  But this is not

 3     necessarily -- and let me just explain to you, we have -- for informal

 4     communications there are three different kinds.  The one is purely

 5     practical, it can be exchanged without leaving any traces on the record,

 6     such as are we moving tomorrow from Courtroom I to Courtroom II, these

 7     are matters.  If it has some substance, then I'll put it on the record by

 8     referring to it in court, as I did, for example, today.  And if it's of

 9     great importance, then the Chamber will invite the parties to file it.

10             Let's proceed -- the message is clear, Mr. Knoops, so --

11             MR. KNOOPS:  Thank you, Your Honour.

12             JUDGE ORIE:  Mr. Groome, in view of the fact that Mr. Stanisic

13     has not opted for following the proceedings, this means that we can have

14     the usual court schedules, which means that we have two and a half hours

15     to go.  I would say I leave it to you how to split that up and if -- I

16     think it was announced that you would need three hours.  Is that --

17             MR. GROOME:  My best estimate, Your Honour, is that the opening

18     would take three and a half hours.

19             JUDGE ORIE:  Three and a half hours.  Then we have one more hour

20     to go tomorrow.  I leave it to you where to have the break.  We are

21     relatively flexible in view of the time.

22             Please proceed.

23             MR. GROOME:  Thank you, Your Honour.

24             Your Honour, before I begin, I will be showing different evidence

25     and other documents on slides.  If the Chamber and all parties in the

Page 1444

 1     court would so kindly press the e-court button they will be available.  I

 2     would also ask at this time if the Court Usher would distribute to the

 3     Chamber and to the Defence a copy of those slides.  It may be that I move

 4     past one before you've had a full opportunity to read it.  This way you

 5     will be able to fully grasp, digest, what's on each of the slides.

 6             And I'm providing Defence two copies, one for each accused and

 7     one for lead counsel.

 8             Your Honour, I'd like to begin my opening with the words of

 9     Mr. Jovica Stanisic himself.

10             "We are now entering the decisive phase of the fight to achieve

11     the common goals of all the Serbian lands, more determined and prepared

12     than ever before."

13             These are the words of Mr. Stanisic in a telegram he sent to the

14     Ministry of the Interior of the Republika Srpska Krajina in Knin in

15     July of 1994.  This case will be an exploration of the "common goals of

16     all the Serbian lands" referred to by Mr. Stanisic in his telegram.

17     Specifically, what were those goals, who shared those goals, what were

18     the methods employed to achieve those goals, and most importantly were

19     international crimes committed in pursuit of those goals.

20             Perhaps one of the most shocking pieces of evidence adduced at a

21     trial in this Tribunal is a video containing images of three men and

22     three boys, shot in the back, hands bound tightly with wire.  Captured as

23     they fled a fallen Srebrenica, we watch them silently and with

24     resignation walk to the spot where they are murdered one by one.  We

25     watch their captors, some mocking the six in their final moments, others

Page 1445

 1     demonstrating a demeanour more akin to a routine task, one focusing on

 2     capturing the executions on videotape.

 3             Here on slide number 3 we see the youngest, Dino Salihovic,

 4     moments before he is executed.  The world recoiled as the image was

 5     played repeatedly on news programmes.  The day will come in this trial

 6     when we will have to watch their death again, but not today.

 7             Today I want to show you a different part of that video.  The

 8     video taken that day is approximately two hours long.

 9                           [Video-clip played]

10             MR. GROOME:  The parts of the video that I want to show you this

11     afternoon, while at first appear less shocking, upon reflection are more

12     disturbing than the killings themselves because they reveal that the

13     perpetrators of these crimes were not rogue paramilitaries, not a band of

14     common criminals; no, the perpetrators of these crimes and the other

15     crimes charged in this indictment were a well-organised and equipped

16     group, part of the special units of the Serbian DB, the State Security

17     Service of the Republic of Serbia.

18             Members of a unit that was well trained, well equipped, well

19     paid, they had everything they needed, including a licence to clear land

20     of unwanted peoples, a licence to murder.

21             What is now known about the special units of the Serbian DB has

22     left many Serbs wondering how it was possible that some of the most

23     grievous crimes committed during the war were committed in their name by

24     men paid by the government, men in a unit administered by the

25     State Security Service of the Ministry of Internal Affairs of Serbia,

Page 1446

 1     more specifically by Jovica Stanisic and Franko Simatovic.

 2             Your Honours, this case in its simplest terms is an examination

 3     of the conduct of two of the people with primary responsibility for

 4     organising, training, funding, equipping, and directing members of the

 5     special units of the Serbian DB to perpetrate grievous crimes on the

 6     territories of Croatia and Bosnia in the name of protecting Serbs and

 7     securing for them a land free from Croats and Muslims.

 8             Not too long ago a Serb journalist posed the question, in

 9     reference to the special units of the Serbian DB:

10             "How did it happen that a group of armed and dangerous men dared

11     to shape the destiny of an entire nation?"

12             Can I draw your attention to the video playing now in slide

13     number 5.  Here, in 1997, Mr. Stanisic and Mr. Simatovic celebrate their

14     work, forgetting the suffering they occasioned, while they pose with

15     current and former members of their special units.  The proud founders of

16     that group of armed and dangerous men that so dared to shape the destiny

17     of an entire nation.

18             The tensions that fuelled the break-up of Yugoslavia and the

19     terrible inter-ethnic violence that spared no one are still the subject

20     of scholarly and popular debate, a debate that lies outside the task that

21     the Trial Chamber begins today.  The Trial Chamber is not called upon to

22     adjudicate these issues, and I will spend little time on them here.  The

23     focus of this trial is upon Mr. Stanisic and Mr. Simatovic and the role

24     they played in the commission of crimes in Croatia and Bosnia and

25     Herzegovina.  The role they played in a plan to use violence to forge

Page 1447

 1     fundamental demographic changes on the territories of the former

 2     Yugoslavia.

 3             It is only right that we begin this task by spending a few

 4     moments to consider who these two men were at the outset, what were the

 5     legal -- what were the legal duties and what were the boundaries of their

 6     authority.

 7             Both Mr. Stanisic and Mr. Simatovic were employees of the

 8     Ministry of Internal Affairs of the Republic of Serbia.  I will refer to

 9     this ministry throughout this opening by its Serbian acronym, MUP or

10     M-U-P.  The Serbian MUP's mandate is articulated in the Serbian Law on

11     Ministries which is reproduced here in relevant part on slide number 7.

12     Its legal authority is similar to other interior ministries in other

13     developed, democratic societies.  In essence, it was responsible for the

14     protection of citizens and residents of the country and the regulation of

15     borders, passports, and identity documents.  In short, the Ministry of

16     Internal Affairs, the Serbian MUP, was responsible for the safety and

17     security of persons inside the Republic of Serbia.

18             One of the administrative divisions of the MUP was the

19     State Security Service, the part of the MUP headed by Jovica Stanisic.

20     This section, too, was more commonly known by its Serbian acronym, the

21     DB.  Slide number 8 shows Article 3 of the DB's rules, the article which

22     defines its mandate as one of collecting information, data, and

23     knowledge.  Information of general and counter-intelligence, information

24     concerning extremism and terrorism.  And while it also included the

25     collection of information about "forms of threats to the national and

Page 1448

 1     cultural historical identity of Serbs who live outside of the Republic"

 2     of Serbia, it clearly sets the legal boundaries of what Mr. Stanisic's

 3     organisation was entitled to do:  Collect information.

 4             Let me now speak directly about Mr. Stanisic and his place in the

 5     Ministry of Internal Affairs.

 6             Slide 9 contains a brief summary of his professional

 7     appointments.  Jovica Stanisic would join the MUP in 1975.  His first

 8     position there would be in the State Security Service, the DB.  Although

 9     throughout 1991 Mr. Stanisic was nominally the deputy head of the DB, the

10     evidence in this case will show that during this period the de facto head

11     of that -- he was also the de facto of that organisation.  On the

12     31st of December, 1991, with Slobodan Milosevic's intervention, he

13     assumed the position of head or chief of the DB.

14             As you can see from slide 10, Mr. Stanisic had the responsibility

15     of implementing the mandate of the Serbian DB.  I would also like to

16     point out the penultimate paragraph "organises the execution of tasks and

17     affairs within the competence of the Division in conditions of

18     emergency" --

19             JUDGE ORIE:  Mr. --

20             MR. GROOME:  Sorry, Your Honour.

21             JUDGE ORIE:  Mr. Groome, it's common experience that when you're

22     reading that you speed up.  The French interpreters were at least a

23     couple of lines behind, so I'd like to invite you to slow down.

24             MR. GROOME:  I will, Your Honour.  Thank you.

25             I would also like to point out the penultimate paragraph

Page 1449

 1     "organises the execution of tasks and affairs within the competence of

 2     the Division in conditions of emergency, imminent threat of war, and

 3     war."

 4             Although there was conflict in Croatia and Bosnia from 1991 until

 5     1995, Serbia itself never ever declared a state of emergency or imminent

 6     threat of war, and thus this paragraph never became effective during the

 7     period of this indictment.

 8             Let me now turn your attention to the career of Franko Simatovic.

 9     Slide number 11 is a brief summary of his resume.  He would join the DB

10     three years after Stanisic in 1978.  He worked in the section responsible

11     for gathering intelligence.

12             As you can see from this description of Mr. Simatovic's job on

13     slide 12, he was primarily charged with implementing projects to gather

14     intelligence, data, and information about threats to Serbia.  While the

15     mandate extends to collecting information about perceived threats to

16     ethnic Serbs living outside of Serbia, it does not provide for any

17     forcible intervention outside the country.

18             The internal laws of Serbia are laws similar to other modern

19     states, laws designed to circumscribe the activities of a governmental

20     organ with precision and maintain a balance of power.

21             JUDGE ORIE:  Mr. Groome, I have to repeat my request.

22             MR. GROOME:  They are there to ensure that the authority of the

23     state is not misused.  While ideologically Stanisic and Simatovic

24     identified with Slobodan Milosevic and his goals for the Serb people, the

25     laws of Serbia prevented them from deploying their personnel as a

Page 1450

 1     fighting force outside Serbia's borders, in Croatia and Bosnia.

 2             When Croatia and Bosnia-Herzegovina declared independence, the

 3     presence of the Yugoslav Army there was no longer legitimate.  It became

 4     necessary for Milosevic to create a paramilitary force that could be

 5     deployed covertly outside Serbia and outside Serbia's laws, a

 6     paramilitary force that could be used in combat as well as in the

 7     commission of the crimes necessary to implement Milosevic's goal of

 8     creating ethnically pure areas in Croatia and Bosnia.  The State Security

 9     Service, already engaged in covert information gathering, was a logical

10     place to create such a special unit.  If the state is going to engage in

11     criminal conduct, it will use its secret services to engage in that

12     conduct --

13             MR. KNOOPS:  Your Honour, at this point I raise with hesitance,

14     but is it --

15             JUDGE ORIE:  One second --

16             MR. KNOOPS:  Is it the personal opinion of the Prosecution we

17     hear or is it an opening statement without argument?  It is improper in

18     an opening statement to argue a case on the basis of personal opinions

19     and views of the Prosecution.  So I object if this is an opening

20     statement whereby the Prosecution presents its personal view on the

21     relationship between the accused and Mr. Milosevic and the DB and their

22     goals or their policies.  An opening statement is meant to present what

23     the evidence will be presented by the Prosecution; it's not meant to be

24     an argument.  It's not meant to be -- provide the personal opinion of the

25     Prosecution.

Page 1451

 1             JUDGE ORIE:  Mr. Groome, did you intend to do anything else than

 2     to tell the Court what you will establish by presenting your evidence or

 3     do you go beyond that?

 4             MR. GROOME:  No, Your Honour.  The two things that I believe I'm

 5     charged with here is letting the Chamber as well as the accused

 6     themselves know what the theory of the Prosecution case is as well as

 7     give an overview of the evidence, and those are the two things that I

 8     intend to do, nothing else.

 9             JUDGE ORIE:  So what you're telling us is what you intend to

10     prove and what is underlying your case?

11             MR. GROOME:  Yes, Your Honour.

12             JUDGE ORIE:  Mr. Knoops, I do not see that there's anything wrong

13     with that, is it?

14             MR. KNOOPS:  Well, maybe then the Prosecutor should for the

15     Defence's sake differentiate between what the evidence is going to say

16     and what the view is of the Prosecution's theory.

17             JUDGE ORIE:  Yes, the two are intrinsically intertwined I would

18     expect.

19             MR. GROOME:  And, Your Honour, I would note that all of the

20     evidence is clearly marked, as you will in the slides, with the 65 ter

21     number so the Defence will be very -- it will be very clear to the

22     Defence what is specifically evidence and what is the theory of the

23     Prosecution case.

24             JUDGE ORIE:  You may proceed.  At the same time, you're invited

25     to keep in the back of your mind what apparently is of concern for

Page 1452

 1     Mr. Knoops.  Please proceed.

 2             MR. GROOME:  Your Honours, throughout the course of this opening

 3     the Prosecution will introduce you to some of the people who are central

 4     to this case.  Each of the people we speak about in this way is a core

 5     member of a joint criminal enterprise with Mr. Stanisic and Mr. Simatovic

 6     or were prominent members of the special units of the Serbian DB.

 7             One of the people the Chamber will hear a great deal about is

 8     Slobodan Milosevic.  It has always been the position of the Office of the

 9     Prosecutor that he was the central driving force behind this joint

10     criminal enterprise.  The Prosecution will tender evidence in this trial

11     showing the close working relationship that the two accused had with

12     Mr. Milosevic.

13             In October 1998 when Stanisic was dismissed by Milosevic he gave

14     a public statement.  In that statement shown here on slide 13, Stanisic

15     states that he executed his duties within his constitutional and legal

16     powers.  The Chamber's adjudication of this indictment will test the

17     accuracy of this statement.

18             He also made clear that he had aligned himself with

19     President Milosevic in the early 1990s.  A careful examination of

20     Serbia's law at that time will make clear that such an arrangement

21     circumvented the legally defined chain of authority.

22             Mihalj Kertes, like Jovica Stanisic, was born in a place in

23     Serbia called Backa Palanka.  He was the head of the security department

24     in one of Serbia's largest banks, the Dafinement Bank, and secured the

25     financing for Jovica Stanisic to create the special units of the

Page 1453

 1     Serbian DB.

 2             I would like to play an intercept for you, the translation is on

 3     slide 14, and we hear Kertes and Karadzic talk about the problems

 4     Mr. Stanisic is having with his lawful superior, a person by the name of

 5     Mr. Janackovic, suggesting that his trust in Mr. Janackovic was

 6     misplaced.

 7                           [Intercept played]

 8             JUDGE ORIE:  Mr. Groome, we read it in English.  The audio is

 9     just in B/C/S.  We have no French translation of it, so we have an

10     incomplete record.

11             MR. GROOME:  Your Honour, I had provided all the booths with the

12     text, but I see now that I omit to have provided them a copy with the

13     slides.  I will do that as soon as I can so that they have the text that

14     they can work from as well.

15             JUDGE ORIE:  Yes, because this is just for informing the parties.

16     If any audio or if any video is played with sound, then I expect the

17     parties to provide in advance a transcript to the booths so that the

18     booths can translate into the relevant language the text spoken.  Now,

19     sometimes the speed of speech is such that it may be difficult to

20     translate and then the booths are invited that one of the interpreters

21     follows on the text whether that reflects the words spoken and that the,

22     if I could say the teammate would then translate on the basis of the

23     transcript, which finally results in a complete record where we have the

24     original and the relevant translations.

25             Please proceed, Mr. Groome.

Page 1454

 1             MR. GROOME:  Your Honour, I'm going to ask if the usher could

 2     provide to the French booth a copy of the slides in the event that

 3     they're unable to read it from the screen.  An electronic copy is also

 4     being sent as we speak.

 5             Your Honour, we heard in this intercept Kertes saying that

 6     Milosevic had given Mr. -- him and Mr. Stanisic carte blanche.

 7             I would like to show you a clip from a video we refer to several

 8     times in this opening.  The video was taken during an awards ceremony at

 9     the Radoslav Kostic Training Centre in Kula, Serbia, in May of 1997.

10     Many of the people who were behind the formation of the special units of

11     the Serbian DB and supported its activities in Croatia and Bosnia

12     attended.  During this clip, Jovica Stanisic is giving Milosevic a tour

13     of the facility and handing out awards to those who played a prominent

14     role in the unit.

15             JUDGE ORIE:  Before we play it, can I just verify with the booths

16     whether the system is now in place --

17             THE INTERPRETER:  The interpreters note in the English booth the

18     system is not in place.  We don't have the text and the screen keeps

19     flashing on and off, e-court screen, so we can't read it.  Thank you.

20             JUDGE ORIE:  Written copies should be provided to the booths, and

21     I share the -- my eyes are moving quickly as well, Mr. Groome.

22             MR. GROOME:  Your Honour, I see my own screen is flashing.  We

23     came down yesterday evening after court to test that there would be no

24     problems and I was told that there were no problems.  I'm not sure what

25     has happened today.  I have another copy, Your Honour, that we can

Page 1455

 1     provide the English booth.

 2             JUDGE ORIE:  Then we wait until it has been provided to the

 3     English booth and then everyone's -- yes.

 4                           [Trial Chamber and Registrar confer]

 5             JUDGE ORIE:  The usher is busy copying for all the booths so we

 6     have to take our time, otherwise we are --

 7             MR. GROOME:  Your Honour.

 8             JUDGE ORIE:  Yes.

 9             MR. GROOME:  If I might.  If it's of assistance, I provided six

10     copies for the Chamber.  If all of those copies are not in use, if --

11     well, I think --

12             JUDGE ORIE:  My copy is available at this very moment for the

13     English booth and I --

14             THE INTERPRETER:  We have the text.  Thank you very much.

15             MR. GROOME:  We'll replace those --

16             JUDGE ORIE:  Yes.  Could someone give it to the -- perhaps if

17     everyone stays in this courtroom, they'll never be received by the

18     booths.  I'm not criticising anyone and the last person I would expect to

19     do it would be our Registrar.

20             MR. GROOME:  Your Honour, while that's being done --

21             JUDGE ORIE:  Mr. Groome, under those circumstances, I expect one

22     of your team members to immediately receive that and give it to the

23     booths instead of making the Registrar leave the courtroom and do the

24     job.

25             MR. GROOME:  Yes, Your Honour.

Page 1456

 1             JUDGE ORIE:  Which easily could be done by -- I see you're four,

 2     two young, strong men, isn't it.

 3             MR. GROOME:  Yes, Your Honour.

 4             JUDGE ORIE:  Yes.  Yes.  The matter has been resolved.  Are all

 5     the booths ready?

 6             Then the video can be played.  Please proceed, Mr. Groome.

 7                           [Video-clip played]

 8             JUDGE ORIE:  To be quite honest, I don't hear anything at all.

 9             MR. GROOME:  Your Honour, I hear some squealing sounds.  As I've

10     told the Court, we were down here last night to ensure that there would

11     be no problems.  If the director needs a break to resolve a technical

12     problem, if he could advise us of that, but all of our tests have proven

13     to leave us still with some kind of technical problem.  We did not have

14     this problem last year.  We attempted to ensure against any unforeseen

15     problems last evening.

16                           [Trial Chamber confers]

17             JUDGE ORIE:  Mr. Groome, I suggest that we take the break now,

18     that there can be done a lot of more testing, and then we resume at

19     25 minutes past 5.00 and then you can continue until 7.00.

20             MR. GROOME:  Thank you, Your Honour.

21                           --- Recess taken at 5.04 p.m.

22                           --- On resuming at 5.50 p.m.

23             JUDGE ORIE:  Mr. Groome, please proceed.

24             MR. GROOME:  Your Honour, the flickering problem has been solved.

25     The sound problem has only been partially solved.  So I will not be

Page 1457

 1     playing any audio of the videos but I will be asking the Chamber to look

 2     at them, and we will see about what we can do to remedy that for

 3     tomorrow.  Your Honour, the video that was showing, if I might just point

 4     out, about half way through that video you could see Mr. Milosevic

 5     shaking the hand and greeting Mr. Simatovic, and then you can see at the

 6     end of that video Mr. Stanisic giving both Mr. Milosevic and

 7     Mihalj Kertes awards on behalf of the special units of the Serbian DB.

 8             The Prosecution's case is broader than simply the relationship

 9     between Slobodan Milosevic, Mihalj Kertes, Jovica Stanisic, and

10     Franko Simatovic.  The Prosecution will establish in this trial that the

11     crimes charged in the indictment were perpetrated as part of a joint

12     criminal enterprise, a collective criminal effort.  It is the

13     Prosecution's case that Mr. Stanisic and Mr. Simatovic were willing

14     members in a core group of persons who shared the intent to remove large

15     populations of non-Serbs, mostly Muslims and Croats, from their homes and

16     land by force, doing this by perpetrating the crimes of murder and

17     persecution.

18             In some cases their lands were targeted because they lay in areas

19     in which Serbs were a majority; in other cases their lands were targeted

20     because the land was necessary to bridge disconnected concentrations of

21     Serbs; in other cases their land was targeted simply because it was

22     considered a necessary acquisition in order to secure the success of the

23     overall plan.  The crimes perpetrated during the conflict are of a

24     magnitude and a scale that challenge our ability to comprehend them in

25     the detail we need in the context of a criminal trial.  It can be equally

Page 1458

 1     difficult to conceptualize the large group of people who must necessarily

 2     work with a common purpose towards realization of those crimes.

 3             Each person in this collective having a different contribution to

 4     make, having a different position and role to play in the enterprise.  I

 5     submit that this diagram on slide number 16 as one way of conceptualizing

 6     this core group of perpetrators.  While it is undoubtedly an

 7     oversimplification of the joint criminal enterprise, it is a starting

 8     point.  As we progress through the trial, the Court will become aware of

 9     the nuances in the relationships between these core members that I cannot

10     capture in such a simple diagram.

11             The vertical columns represent from left to right core members of

12     the joint criminal enterprise who were Croatian Serbs, Serbs in Serbia

13     Proper, and Bosnian Serbs.  The top row represents those core members who

14     were in the military; the middle role, those who held governmental

15     positions or figures or whose contribution is best characterised as

16     political; and the bottom row, those participants who worked in the

17     respective MUPs of the three regions.

18             As you can see, Mr. Stanisic appears in both the political and

19     Ministry of Internal Affairs boxes.  This is because his role in the

20     joint criminal enterprise extended beyond his job in the State Security

21     Service.  As you will hear on this intercept I will play, his actions are

22     in some cases best characterised as political.  In the intercept on

23     slide 17, you can hear Jovica Stanisic and Radovan Karadzic discussing

24     Milan Babic, a prominent leader of the Croatian Serbs in the Krajina.

25                           [Video-clip played]

Page 1459

 1             MR. GROOME:  I see that the director has shut off the sound -- I

 2     would just give the Chamber just a couple of seconds to view the text and

 3     then I will move on.

 4             In this conversation we can hear Mr. Stanisic and Mr. Karadzic

 5     express their view that Babic is not adept in political matters.

 6     Stanisic informs Karadzic that he has had a serious discussion with Babic

 7     about how he should act politically.

 8             Similarly, as you can see on the left-hand side of the diagram,

 9     Milan Martic can be found not only in the Republika Srpska Krajina, or

10     the RSK, Ministry of Internal Affairs, but also in the box for RSK

11     political figures.  This represents the dual role he played.

12             Ms. Brehmeier-Metz and myself will come back to this diagram on

13     several occasions during the course of the opening statement.

14             The Prosecution over the course of this trial will establish the

15     shared intent of these core members with a primary focus on the accused

16     present, their intent and their acts of contribution to the overall

17     criminal plan.

18             It is difficult to trace the routes of a covert criminal plan,

19     particularly in a case such as this in which secrecy and surprise was

20     viewed as an essential component of the plan's success.  As best we can

21     determine, we see the germination of this criminal plan in the words of

22     its primary architect, Slobodan Milosevic.

23             Slide number 19 shows the words of Milosevic, the words which he

24     spoke on the 16th of March in 1991 to a closed group of deputies after a

25     period of steadily increasing tensions.  In this context and at a meeting

Page 1460

 1     with the presidents of Serb municipalities, Milosevic said:

 2             "The government has been tasked with creating suitable units

 3     which will make us safe at all times, that is, capable of defending the

 4     interests of our Republic, but also the interests of Serbs outside

 5     Serbia."

 6             It is the Prosecution's case that approximately six weeks after

 7     Milosevic gave this order for the creation of special units tasked with

 8     protecting Serb interests outside Serbia, Jovica Stanisic established

 9     these units in the State Security Department of the Serbian Ministry of

10     Internal Affairs.

11             Let me once again direct your attention to the dedication

12     ceremony in Kula in May of 1997, where Franko Simatovic gave a

13     retrospective of the special unit's history.  A candid history of it in a

14     private setting to a select group of people.  Here on slide number 21 you

15     can take a look at the two statements side by side and consider that

16     there is no other unit that we know of that Milosevic created.  It

17     becomes clear that we are talking about one and the same unit.

18             Simatovic would go on to say in this speech:

19             "The contribution of the Special Operation Unit is enormous.

20     47 soldiers were killed and 250 wounded in combat operations at

21     50 different locations."

22             With his own words Simatovic tells us that the special units of

23     the Serbian DB operated in 50 different locations in Croatia and

24     Bosnia-Herzegovina.  He would also say:

25             "Twenty-six training camps for special police units of

Page 1461

 1     Republika Srpska and the Republic of Serbian Krajina were also formed in

 2     that period."

 3             Twenty-six training camps in Bosnia and Croatia.

 4             The genesis of the special units was the day that Milosevic

 5     charged Stanisic with the task of establishing a covert fighting force

 6     not bound by the law but only by the dictates of Milosevic.

 7             On this day which we are able to identify with no greater

 8     precision than it was during the spring of 1991, Stanisic would join

 9     Milosevic's plan to ensure that in the break-up of Yugoslavia, a break-up

10     which appeared inevitable, in this break-up they would ensure that Serbs

11     came out on top, regardless of in which republic those Serbs were and

12     regardless of the cost or harm to other ethnic populations in Yugoslavia.

13     Stanisic in turn would give the day-to-day administration of the special

14     unit to his entrusted subordinate:  Franko Simatovic.

15             From the outset, secrecy was an important principle for the unit.

16             Former members of the unit who will come before you and testify

17     will describe how they only learned that they were working for the

18     Serbian DB sometime after they were full-fledged members of the special

19     unit.  Often these men only knew their comrades by aliases and nicknames,

20     forbidden to reveal or ask another's name.  Such secrecy helped create

21     confusion over who was behind the unit.  Public knowledge that the

22     Serbian DB had created and maintained such an extra-legal unit would have

23     had negative consequences for Milosevic.

24             Such secrecy was also essential because Milosevic, Stanisic,

25     Simatovic, and other members of the core group knew that their work in

Page 1462

 1     Croatia and Bosnia --

 2             JUDGE ORIE:  Mr. -- if I give you a sign to slow down, then look

 3     at me then I'll tell you when you can continue.

 4             MR. GROOME:  Thank you, Your Honour.  I appreciate that.

 5             JUDGE ORIE:  Please proceed.

 6             MR. GROOME:  They knew that their work in Croatia and Bosnia

 7     would be criminal, involving the perpetration of serious crimes against

 8     the non-Serb populations there.  They realised at the outset what the

 9     world would come to understand as the tragedy unfolded.  You cannot

10     forcibly remove large civilian populations from their homes without

11     committing grave crimes against them.

12             I would like to play, hopefully, an intercept for you to

13     illustrate Mr. Stanisic's ever-present concern for secrecy.  On slide

14     number 22 Stanisic reminds Karadzic that they must be careful what they

15     say on the telephone.

16                           [Video-clip played]

17             THE INTERPRETER:  [Voiceover] That's --

18             MR. GROOME:  It appears we still have technical difficulties.

19             THE INTERPRETER:  [Voiceover] That's not possible.  We can't do

20     that --

21             MR. GROOME:  Your Honours, in another intercept --

22             THE INTERPRETER:  [Voiceover] I have nothing here.  I need to

23     install.

24             The interpreters apologise, but they cannot hear what the speaker

25     is saying.

Page 1463

 1             MR. GROOME:  Your Honour, if I could perhaps give a direction to

 2     the director.  Please do not play any more audio and I will proceed

 3     without audio, and hopefully the problem can be corrected for tomorrow.

 4             JUDGE ORIE:  Yes.  If you will just briefly point at what the

 5     quintessence is of the clips you'd like to play, or the audio you'd like

 6     to play, then the Chamber and the public will understand what you're

 7     talking about.

 8             MR. GROOME:  In another intercept Stanisic says to Karadzic:

 9             "Could you maybe do it in a way so that I am not shown as part of

10     the initiative?"

11             In other intercepts you will hear Franko Simatovic talk in

12     guarded, cryptic sentences to another core member of the criminal

13     enterprise.

14             The map that Stanisic shows Milosevic in the earlier clip is

15     affixed to the wall at the Kostic Training Centre in Kula.  It is a map

16     of Yugoslavia that has markers identifying all of the places in Croatia

17     and Bosnia where the special units were, their training camps.

18     Mr. Simatovic lists these locations in his speech.  Here on the bottom

19     left corner of slide 23 is a photo still of that map.  On the right are

20     those same locations marked on a standard map of Yugoslavia.  Those

21     indicated in green boxes are located in Croatia.  Those in yellow in

22     Bosnia-Herzegovina.  Those in pink are located in Serbia proper.

23             Over the course of their establishment and evolution, the special

24     units of the Serbian DB would refer to themselves by several names.

25     Slide number 24 contains a list of these names as well as some of the

Page 1464

 1     badges that members of the special units displayed on their uniforms.

 2     Some of these names, such as the JATD and the JSO, would be official

 3     names used within the State Security Service.  Some of the units were

 4     named after the individuals who led that particular unit, Arkan's Men,

 5     Arkan's Tigers, Martic's Men, Captain Dragan's Knindzas.  One of the

 6     names they are commonly referred to described the head gear they often

 7     wore on operations, the Red Berets.

 8             Your Honours, the special units of the Serbian DB was a large

 9     organisation with many members.  We will throughout this opening

10     introduce you to a few of the most prominent members, those particular

11     members you will hear referred to numerous times during this trial.

12             Slide 25 is of Milorad Ulemek, or more popularly known as Legija

13     because of the time he spent in the French Foreign Legion.  His uncle,

14     Mihajlo Ulemek, was a member of Arkan's Serbian Volunteer Guard, and

15     Legija, after joining his uncle in the Guards became one of its most

16     respected and feared members.

17             Because of his leadership ability, Legija quickly rose to become

18     one of the main instructors and ultimately one of the main commanders of

19     Arkan's Serbian Volunteer Guard.  He is the special unit member who

20     features most prominently in the Kula video because he is always at

21     Stanisic's side, as they show Milosevic their new centre.  At the bottom

22     of slide 25 you can see payment records from the State Security Service

23     indicating payments to Legija.  His uncle was also on their payroll.

24             Slide 26 concerns Zika Crnogorac, or Zika, the Montenegrin.  He

25     was another prominent member of the Red Berets.  You will hear of his

Page 1465

 1     involvement in Mount Fruska Gora and at the training centre in Ilok.  I

 2     will show you a clip from the Kula video in a few moments in which he

 3     greets Milosevic and introduces him to senior members of the special

 4     units of the Serbian DB.  And as you can see at the bottom of slide 26,

 5     he is also listed on payment records of the State Security Service from

 6     this time-period.

 7             The last person I want to introduce you to at this juncture is

 8     Rajo Bozovic, here on slide number 27.  Rajo Bozovic was one of the most

 9     senior members of the special units and appears in many places throughout

10     the former Yugoslavia.  You will hear witnesses describe him as being in

11     charge of the Red Beret operations in Doboj, the Drina Valley region, and

12     in Western Bosnia.  The Prosecution will also tender payment records

13     establishing his relationship to the State Security Service.

14             We can play the video without sound.

15                           [Video-clip played]

16             MR. GROOME:  Over the course of the celebration in Kula in

17     May 1997, Mr. Stanisic would give Mr. Milosevic a tour of the equipment

18     the special unit of the Serbian DB had.  In this video-clip Milosevic is

19     shown a mobile operating room, armoured personnel carriers, and trucks

20     with rocket-launchers and anti-aircraft guns mounted on the back.

21     Keeping in mind that the legal mandate entrusted to Mr. Stanisic and

22     Mr. Simatovic's department was the collection of data and information,

23     these images make clear that the unit had equipped itself for a very

24     different task.

25             While the idea of creating a special unit was conceived in

Page 1466

 1     Belgrade, its birth would be in the Krajina during the spring of 1991.

 2     The Krajina is the southern part of Croatia and extends downward along

 3     the Dalmatian coast.  The Krajina had a large majority of Serbs who felt

 4     increasingly vulnerable as they listened to the nationalistic Croatian

 5     rhetoric being spoken in Zagreb.

 6             In the context of this fear and mistrust, several ordinary

 7     Croatian Serbs would rise to prominence and become pivotal players in the

 8     unfolding of events.  I would like to introduce you to some of them now.

 9             Milan Babic was the first prime minister and president of the

10     government of the Serbian Autonomous Region of the Krajina.  This

11     self-declared region was more commonly referred to as the SAO Krajina.

12     He testified in several trials before the Tribunal and pled guilty to the

13     crime of persecution.  He was sentenced to a term of incarceration of

14     13 years.  A little over three years ago he committed suicide in the

15     UN Detention Unit.  His testimony before this Tribunal sets out the

16     events of the Krajina from an insider's perspective.  Admission of that

17     testimony is a matter that is pending before this Chamber and I will

18     therefore refrain from discussing his testimony during this opening.

19             Another Croatian Serb who rose to prominence was a local police

20     official by the name of Milan Martic.  In time he would come to hold

21     several leadership positions in the SAO Krajina and subsequently

22     so-called Republic of Serbian Krajina.  On the 12th of June, 2007, a

23     Trial Chamber convicted him of murder, persecutions, deportation, and

24     other crimes.  Here on slide number 30 you can see an excerpt from his

25     driver, a witness in this case, describing how Milan Martic and

Page 1467

 1     Jovica Stanisic met regularly.

 2             This close relationship becomes apparent in September 1991, after

 3     Milan Martic was arrested in the Bosnian town of Bosanska Krupa.  His

 4     release was arranged after a series of telephone calls, one of which I

 5     will play as an example.  The call transcribed on slide 31 is a call from

 6     the 9th of September, 1991.

 7             In this intercepted phone conversation we not only see Milosevic

 8     and Karadzic discussing how to free Martic after he was arrested, but how

 9     Jovica serves as the person who was carrying Milosevic's directives to

10     another core member of the joint criminal enterprise.

11             The special units of the Serbian DB would take their initial form

12     by supporting, training, and facilitating the crimes committed against

13     the non-Serb population of the Krajina.  Franko Simatovic personally

14     oversaw this effort.

15             When he first went to the Krajina, he would take with him a

16     person by the name of Dragan Vasiljkovic who would develop the training

17     programme.

18             Dragan Vasiljkovic, also known as Captain Dragan, born in Serbia,

19     moved with his parents to Australia and returned to Yugoslavia in

20     early 1990.  He was a veteran soldier and the DB took advantage of his

21     experience and sent him to the Krajina in order to act as an instructor

22     for the newly established Krajina police forces.  As the report from the

23     Yugoslav Army on slide 32 demonstrates, it was clear that Captain Dragan

24     was working with and for the Serbian Ministry of Internal Affairs under

25     the supervision of Jovica Stanisic.

Page 1468

 1             I would like to show you on slides 33 and 34 a letter drafted by

 2     Captain Dragan on the 8th of November, 1991.  You can see his signature

 3     at the bottom of slide 33.  At this time Vasiljkovic did not fully

 4     appreciate Stanisic's demand for secrecy and candidly revealed his

 5     connections with the DB in this request we see on slide 34, where he

 6     stated that he had "... the obligation towards the State Security Service

 7     of the Republic of Serbia ..." and his activities had to be "... fully in

 8     accordance with the mentioned service."

 9             In this excerpt from the Kula dedication tape on slide number 35,

10     we can see Jovica Stanisic embrace Captain Dragan when he gives him an

11     award.

12                           [Video-clip played]

13             MR. GROOME:  In early April, as Milan Martic began to cobble

14     together a police force of mostly unarmed and untrained men, Simatovic

15     and Captain Dragan arrived bearing the support of Jovica Stanisic and

16     Slobodan Milosevic.  Martic took the state security delegation of

17     Simatovic and Captain Dragan to Golubic, 9 kilometres north of Knin,

18     where within a few days they established a Serbian DB training centre to

19     prepare Serbs for the take-over of Serb lands in Croatia.

20             The training that would take place created a formidable,

21     well-equipped fighting force that not only prevented the Croatian

22     government from imposing its will in the Krajina but would be used to

23     ethnically cleanse the Krajina of non-Serbs.  Six years later in Kula,

24     Mr. Simatovic would refer to Golubic as one of the accomplishments of his

25     unit.  In all, over 3.000 men received training in Golubic.  Some who

Page 1469

 1     received this training would go on to set up some of the next 25 training

 2     camps Stanisic and Simatovic would establish.  These first members of the

 3     special units would be dubbed with the name "Knindzas" because of the

 4     proximity of the Golubic camp to Knin.

 5             One of the early battles that the Knindzas would fight in was in

 6     Glina.  After the battle Captain Dragan would distribute some Red Berets.

 7     This would become one of the emblems of the unit and be the basis of

 8     their most commonly used name:  The Red Berets.  Here on slide 36 there

 9     are some pictures of prominent members as well as a display case in the

10     Kostic Training Centre in Kula in which the Red Beret is in the centre of

11     the display surrounded by weapons.

12             And while the unit was referred to by several names over the

13     course of its history, its use of the Red Beret remained a constant; and

14     although some military units not directly affiliated with the DB also

15     donned berets of this colour, the Red Beret soon became emblematic of the

16     units of the Serbian DB.

17             Much of what we know about the birth of the special units is

18     corroborated by documents the Office of the Prosecutor has been able to

19     obtain.  I will take this opportunity to show the Chamber some of the

20     most significant -- to show the Chamber some of the most significant of

21     these documents.

22             Slide number 37 shows a proposal drafted by Captain Dragan.  In

23     May 1991, Captain Dragan sent a proposal to set up a new training centre

24     and transfer the main staff of the Territorial Defence to the

25     Knin Fortress.  To whom did he send this proposal?  Commander of the TO,

Page 1470

 1     the Territorial Defence; the president of the Municipal Assembly; and the

 2     Security Service.  It is the case of the Prosecution that the phrase

 3     "Security Service" refers to the Serbian State Security Service, and more

 4     precisely Jovica Stanisic and Franko Simatovic.

 5             As we can see from this document on slide number 38, on the

 6     14th of June, just a few weeks after Captain Dragan made his proposal,

 7     Captain and Frenki - the name that Franko Simatovic was known by - held a

 8     planning meeting attended by several officers of the Yugoslav Army.  This

 9     document confirms what witnesses will describe, that the Yugoslav Army

10     was not a neutral presence in the Krajina.

11             Two days later Simatovic would issue a written order.  Slide 39

12     is a photo of the original document.  It is an order signed by

13     Franko Simatovic ordering the removal of all weapons and armaments from

14     the Knin Fortress to Golubic.  This order gives an insight into how

15     Mr. Simatovic viewed his authority in the Krajina.  It is he, and not the

16     Yugoslav Army, not Milan Babic, not Milan Martic, who gives the order on

17     such an important matter as the removal of weapons.  You will by this

18     time have noted the letter-head:

19             "Republic of Serbia, SAO Krajina, Training centre, Golubic."

20             He would sign the order, not with his full name, but in keeping

21     with the importance of secrecy, with his nickname, "Frenki," the name

22     most would come to know him by.

23             The Prosecution will also tender documents such as the one on

24     your screens which makes reference to orders given by Frenki.  According

25     to the author of this report shown on slide 41, the Serbian Ministry of

Page 1471

 1     Internal Affairs previously provided four vehicles.  Two months after

 2     receiving the equipment, the author reports that he received an order

 3     from Frenk, F-r-e-n-k, who he explains is the chief representative of the

 4     Serbian MUP, to remove radio equipment from two of the vehicles.

 5             Around this time-period Captain Dragan drafted a report.  Based

 6     on the initial success of Captain Dragan, he now proposes a way for the

 7     special units of the Serbian DB to grow.  He believes their objective

 8     must be more than simply training individuals.  He has a vision for

 9     training men who can go to other areas of Croatia and Bosnia-Herzegovina

10     and establish new training facilities and new branches of the special

11     units.

12             As slide number 42 shows, he suggests that the three men directly

13     responsible for this initial success tour the field to boost morale;

14     those three men being Milan Martic, Frenki, and Captain Dragan himself.

15     He suggests that these three as well as prominent specials, a reference

16     to members of the special units, visit these newly formed local

17     formations to boost morale and to "give advice on further formation of

18     units in the field."

19             The Prosecution will produce other reports that demonstrate

20     Frenki, or Mr. Simatovic, along with the local Serb leaders were provided

21     detailed information about what was transpiring in the Krajina.

22             On slide 43 you can see a report, the 19th of July, 1991.  It

23     bears pointing out with this document the use of the term "special

24     units," perhaps the first use of this term to describe these units

25     created by the Serbian DB.  The significance of the training they

Page 1472

 1     received is evident in the last sentence:

 2             "Our forces are deployed according to the training plan."

 3             Slide 44 shows a report from the 6th of August, 1991, announcing

 4     a cease-fire.  We can once again -- sorry, announcing a cease-fire, and

 5     we see Mr. Simatovic's alias or nickname "Frenki."

 6             On your screen you will see two excerpts of reports from

 7     July 1991.  Also during that summer on the 19th of July, Captain Dragan

 8     made a detailed report to his superiors, Frenki, Milan Martic, and

 9     Major Fica, who, according to the JNA intelligence service, was an

10     inspector in the MUP of Serbia.

11             From the outset it is clear that the people they have trained and

12     equipped are perpetrating war crimes.  To Captain Dragan's credit, his

13     initial view of this behaviour was that it was something that needed to

14     be corrected.  As the Chamber will see over the course of this trial,

15     these crimes were not incidental to the plan but an integral part of it.

16             In the second report on slide 45, an excerpt from a 23rd July

17     report, we can see from the earliest days of the unit, less than

18     three months after its establishment, an organised system of reporting

19     has been established.

20             We can see from this document that one of Captain Dragan's

21     foundational tasks in the Krajina was to organise a system of command and

22     reporting that included the Republic of Serbia.

23             Did Stanisic and Simatovic receive reports about the activities

24     of the units they created?  Did Milosevic know what they were doing?  I

25     draw your attention to slide 46 and once again to the Kula video.  In

Page 1473

 1     this segment, Stanisic takes Milosevic over to a dress formation of the

 2     unit's senior commanders and they introduce themselves.  After being

 3     saluted by Crnogorac, Milosevic shakes his hand and then walks over to

 4     Colonel Rajo Bozovic.  We do not have the sound on the video, but I would

 5     ask that the video be played now and I will make an observation about

 6     their exchange once it's concluded.

 7                           [Video-clip played]

 8             MR. GROOME:  For the benefit of those who will be watching this

 9     in B/C/S, I will read the English and ask the translators to translate

10     into B/C/S.

11             It seems that the audio problem has been corrected, so it appears

12     that the B/C/S was broadcast.

13             It is the Prosecution's case that Milosevic through Simatovic and

14     Stanisic were regularly informed of where their unit was and what it was

15     doing.  In this exchange, Milosevic is meeting Bozovic in person for what

16     appears to be the very first time.  Milosevic, upon hearing the name,

17     recognises it immediately from reading his reports, reports the

18     Prosecution asserts must have passed through Simatovic and Stanisic,

19     reports that were provided with sufficient frequency that Milosevic

20     quickly recognised the name.

21             I would now invite Ms. Brehmeier-Metz to address the role

22     Mr. Stanisic and Mr. Simatovic played in the crimes committed in Croatia

23     and in Bosnia.

24             MS. BREHMEIER-METZ:  May it please the Court, Mr. President,

25     Your Honours.

Page 1474

 1             As the seams of Yugoslavia unravelled, large concentrations of

 2     Serb minorities living in Croatia began to declare themselves to be in an

 3     autonomous region, a region that while it lay within the geographic

 4     boundaries of Croatia was not bound by Croatia law or governmental

 5     administrations.

 6             These self-declared regions were called Serb Autonomous Regions

 7     or SAOs, the acronym from the B/C/S language.

 8             In August 1991, Milan Martic decided to take control of the

 9     Croatian village of Kijevo, situated south-east of Knin.  Martic issued

10     an ultimatum to the Kijevo police station, threatening to attack the

11     civilian population of the village.  At this moment, the Yugoslav Army

12     openly entered the conflict on the Serb side.  After the ultimatum had

13     expired, a combined force of Martic's Men, the Yugoslav Army, and the

14     local Serb reservists or TO members attacked and took control of Kijevo

15     and removed the entire Croat population.

16             From this time onwards, the Yugoslav Army and the local Serb

17     Krajina armed forces, that is, the police forces, the TO units, and some

18     Serb volunteer units, many of them trained, equipped, financed, and

19     supported by the Serbian DB under Jovica Stanisic and Franko Simatovic,

20     started attacking Croat villages in the SAO Krajina.

21             The TO, that is, the Territorial Defence, in the former

22     Yugoslavia were comprised of former members of the Yugoslav People's Army

23     that retained their uniforms and a weapon and remained as reservists

24     under the command of the republic in times of peace and were incorporated

25     into the Yugoslav Army in times of war.

Page 1475

 1             In August 1991, Slobodan Milosevic would settle a dispute between

 2     Babic and Martic over the control of the TO forces by forcing Babic to

 3     appoint Milan Martic as deputy commander of the TOs.  This appointment,

 4     together with the fact that many of the TOs in SAO Krajina were loyal

 5     only to Martic, ultimately led to Martic's control over the TOs.  On

 6     1st August 1991, the SAO Krajina government decided that the police

 7     special purpose units and the TOs would jointly form the armed forces of

 8     the SAO Krajina.

 9             Slide number 47 that is now shown illustrates the locations in

10     Croatia and Bosnia and Herzegovina and in particular the municipalities

11     and villages that are of relevance for the indictment against

12     Jovica Stanisic and Franko Simatovic.  The villages in SAO Krajina that I

13     will deal with now have been marked with red circles, and in the circle

14     that is at the bottom of the map you can also see the town of Knin and

15     Golubic.

16             Dubica, Bacin, and Cerovljani are villages situated on the border

17     between Croatia and Bosnia and Herzegovina.  In 1991 approximately one

18     half of the inhabitants living in Dubica were of Croat ethnicity with a

19     small Muslim minority, whereas the villages of Bacin and Cerovljani were

20     predominantly Croat.  Until 1991 the relations between the ethnic groups

21     had been friendly and harmonious.  In summer 1991, however, these

22     relations deteriorated.

23             Armed clashes occurred between the Croatian and Serb armed

24     forces, and in September 1991 the Croatian army withdrew, Serb

25     forces - and in particular Martic's police and his TO - took control of

Page 1476

 1     the villages.  They came repeatedly, burning the houses of Croat

 2     inhabitants, using them as human shields and killing people.  They did,

 3     for example, not refrain from firing a rocket-launcher at the bell-tower

 4     of the Catholic church of Dubica.  After that, Croats decided to leave

 5     their village.  Only a few elderly and sick remained.

 6             On 20th October 1991, members of Martic's police and of

 7     Milicija Krajina went around Dubica with a truck, picking up a total

 8     number of 53 of the remaining civilians and taking them to a fire station

 9     in Bacin.  They pretended that a meeting would be held there.  In fact,

10     at the fire station the people were detained.  One of those detained was

11     Slavko Kucuk.  He witnessed that some ten civilians were later released

12     apparently because of connections they had with Serbs.  He himself was

13     let go by one of the guards who happened to be a former student of his.

14     Slavko Kucuk later compiled a list of the people that were detained

15     together with him in the fire station.

16             Looking at the ages of the civilians on the list that is shown

17     now on slide 48, you will notice that the vast majority of them were

18     older than 60.  The following day, the remaining civilians in the fire

19     station were executed by the Serb forces, together with a number of

20     elderly civilians from Bacin and Cerovljani.  One of those killed was a

21     90-year-old woman.

22             The village of Saborsko is located in Ogulin municipality near

23     Plitvice.  In August 1991 its population was almost entirely Croat, as

24     was that of the neighbouring villages of Poljanak, Lipovaca, and

25     Vukovici.  These villages were surrounded by villages with mostly Serb

Page 1477

 1     population.  In August 1991 Serb forces started shelling Saborsko, aiming

 2     at linking the Serb territories that were separated by it.  In the

 3     following months, members of Martic's police and other Serb forces

 4     started a campaign of harassment, arbitrarily arresting, detaining, and

 5     in many cases severely beating Croat civilians.  Most of the Croats left

 6     the villages as a result of this.

 7             In late October and early November 1991, Poljanak, Lipovaca,

 8     Vukovici, and finally Saborsko, were again subject to attacks by Serb

 9     forces.  In the course of these attacks Croat civilians were deliberately

10     and intentionally murdered.  In Vukovici, for example, members of

11     Martic's police, JNA and local Serb Territorial Defence units removed

12     eight Croat civilians from a house, among them both elderly and women.

13     They lined them up against a wall and simply shot them.  Another man, who

14     was too sick to leave the house, was shot by Serb forces while still in

15     bed.

16             On 12th November, 1991, Serb forces started a further heavy

17     attack on Saborsko.  The village was first attacked by JNA planes

18     dropping bombs and then by heavy artillery.  Afterwards, ground units

19     moved into Saborsko.  Slide number 49 refers to this attack.  It is a

20     letter of a representative of the village of Plaski, explaining the

21     attack as directed against evil people.

22             The Catholic church in Saborsko was shelled and damaged.

23     Subsequently, the artillery withdrew, leaving Serb soldiers and policemen

24     in the village.  Those Serb forces then started looting the hamlet,

25     driving away private cars, stealing household goods and cattle, and

Page 1478

 1     burning houses.  Civilians were pulled from basements, men were separated

 2     from women, and some 20 men were executed.  Most of the inhabitants of

 3     Saborsko fled or were taken by bus and released in Croatian territory.

 4             During the course of this trial we will present witnesses that

 5     will speak about the attack on Saborsko.  On slide number 50 you see

 6     quotes of the testimony of one of them during the trial against

 7     Milan Martic.  You will notice, as is highlighted in red, that when asked

 8     who took part in the attack on Saborsko, the witness answered that these

 9     had been men trained in Golubic, the Red Berets.

10             And as a final example, Skabrnja.  Skabrnja and the surrounding

11     villages are situated near Zadar in south-western Croatia.  In 1991, the

12     village was almost entirely Croat.  Following the pattern that I have

13     described, this area was shelled and bombed by Serb forces from

14     September 1991 onwards.  The final attack took place on 18th November,

15     1991.

16             There were three Catholic churches in and around Skabrnja.  One

17     of them was the church of the Assumption of the Virgin.  The following

18     photos on slide 51 show this church before the attack and afterwards.  It

19     was shot and damaged by a JNA tank.  Members of Martic's police, JNA, and

20     local Serb Territorial Defence units took the civilians out of the

21     village and transported them against their will to territory controlled

22     by the Croatian government.  Serb forces moved from house to house,

23     searching for those who remained and looting and burning the houses.

24             In all, some 38 civilians were killed in Skabrnja.  On

25     21st December, 1991, Martic's police in joint operations with other Serb

Page 1479

 1     forces forced themselves into houses in the tiny village of Bruska which

 2     is situated between Skabrnja and Benkovac.  They took the men outside,

 3     lined them up, and shot them.  They also fired at a fleeing woman.  In

 4     all, nine people were killed.

 5             All this shows the repeated and eventually predictable pattern of

 6     attacks on Croat villages in the Krajina in the fall and winter of 1991.

 7     Villages with Croat population were first put under JNA siege, blockaded,

 8     and then often shelled.  After that, Serb forces including Martic's

 9     police entered the villages, non-Serb buildings were destroyed, non-Serb

10     property looted.  Very often individual Croats were arrested and

11     detained; others were driven out.  Those that remained, mostly the

12     elderly population, were murdered, thus ethnically cleansing the

13     villages.

14             Again, I would like to refer you to what a witness who is going

15     to be called by the Prosecution said in the trial against Milan Martic.

16     An excerpt of his testimony is shown in slide 53.  This witness was

17     personally present when Franko Simatovic, acting on behalf of

18     Jovica Stanisic, brought weapons and money to Milan Martic in Knin.  For

19     reasons that are unclear, the relationship with Captain Dragan

20     temporarily cooled after the summer of 1991, and he was recalled to

21     Belgrade and forbidden by Stanisic to return to the Krajina.  As

22     Captain Dragan's Knindzas broke up, Franko Simatovic hand-picked the best

23     among them to create a select group that would be cultivated into a more

24     organised and professional covert fighting force.  This would take place

25     in Mount Fruska Gora in Serbia proper.

Page 1480

 1             Your Honours, if I might refer you back to slide 22 of this

 2     presentation or map 6 of the map book, we will show it again later in the

 3     opening, but you will see Fruska Gora on the right-hand side of the map

 4     just outside Eastern Slavonia, on Serbian territory.  It's the fourth box

 5     from the top where it states:  Lezimir - Mount Fruska Gora.

 6             Here, on Mount Fruska Gora, the elite force was within striking

 7     distance of Eastern Slavonia where there was a tentative peace or Bosnia

 8     which was quickly reaching the boiling point.  Dragan Vasiljkovic would

 9     be brought back to help train these men on Mount Fruska Gora.  Zika, also

10     known as Crnogorac, was appointed the head of the unit.  He, like the

11     others, would be issued a red beret, a State Security identification

12     number, and a nickname.  Stanisic would keep this evolving unit out from

13     the public eye by keeping them as part of the State Security Service and

14     not part of the ordinary police or military units of Serbia or the SFRY.

15             The Prosecution's case is summarised on slide number 54.  It is

16     the Prosecution 's case that Jovica Stanisic and Franko Simatovic's role

17     in the organisation, training, and outfitting of the direct perpetrators

18     of these crimes as one of the contributions they made to a joint criminal

19     enterprise to forcibly remove Croats and other non-Serbs from targeted

20     lands through the crimes of persecution and murder makes them

21     individually criminally liable for these crimes.

22             I'm looking at the clock, Your Honours.  Before I move on to an

23     entirely different subject, I would propose that this is a convenient

24     moment to break up for today.

25             JUDGE ORIE:  It is.

Page 1481

 1             We adjourn for the day, and we'll resume tomorrow, the

 2     10th of June, quarter past 2.00 in this same courtroom, I.

 3                           --- Whereupon the hearing adjourned at 7.01 p.m.,

 4                           to be reconvened on Wednesday, the 10th day of

 5                           June, 2009, at 2.15 p.m.