1 Wednesday, 12 May 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.07 a.m.
5 THE REGISTRAR: Good morning, Your Honours. Good morning
6 everybody in and around the courtroom. This is case IT-08-91-T, the
7 Prosecutor versus Mico Stanisic and Stojan Zupljanin.
8 JUDGE HALL: Thank you, Mr. Registrar.
9 Good morning to everyone. May we have today's appearances,
11 MR. DEMIRDJIAN: Good morning, Your Honours. On behalf of the
12 Prosecution, Alexis Demirdjian, Joanna Korner, and our Case Manager,
13 Crispian Smith.
14 MR. ZECEVIC: Good morning, Your Honours. Slobodan Zecevic,
15 Slobodan Cvijetic, Eugene O'Sullivan, Ms. Deirdre Montgomery appearing
16 for Stanisic Defence this morning. Thank you.
17 MR. PANTELIC: Good morning, Your Honours. For Zupljanin
18 Defence, Igor Pantelic and Dragan Krgovic. Thank you.
19 JUDGE HALL: Ms. Korner.
20 MS. KORNER: Your Honours, may I raise a short matter, please,
21 which will require to us go into private session.
22 JUDGE HALL: Yes. We will go into private session.
23 [Private session]
11 Page 9989 redacted. Private session.
19 [Open session]
20 THE REGISTRAR: We're in open session, Your Honours.
21 MS. KORNER: Your Honour, the only matter can I just raise with
22 Your Honours. Yesterday when we were discussing adjudicated facts, I
23 pointed out that, at the moment, we were undertaking the major exercise
24 of working out what evidence would be needed to cover the adjudicated
25 facts which were either not granted or rescinded. But as Your Honours
1 know, we have put in an application for leave to appeal the decision and
2 indeed still outstanding is the Defence's application for leave to appeal
3 on his intercept decision. I know there are still a large number of
4 decisions outstanding but, Your Honours, given that the trial is moving
5 forward relatively fast I wonder whether Your Honours could give any
6 indication of when we could expect the decision on our application for
7 leave to appeal because it makes a difference obviously.
8 JUDGE HALL: Of course, all can I say at this point is that we
9 are not -- we haven't forgotten that there are these outstanding motions
10 and they're in the process of being worked on.
11 MS. KORNER: Yes. Well, all I can say is perhaps can I ask if
12 Your Honours have an order of priority, obviously ones that affect
13 witnesses are upcoming such as timing are most urgent, but perhaps Your
14 Honours might consider moving that up the priority list.
15 JUDGE HALL: We've noted your concern, Ms. Korner.
16 MR. ZECEVIC: Your Honours, I promised a condensed submission
17 today for -- on the adjudicated facts.
18 JUDGE HALL: Yes, Mr. Zecevic.
19 MR. ZECEVIC: May I?
20 JUDGE HALL: Yes, please.
21 MR. ZECEVIC: Your Honour, the position of the Stanisic Defence
22 is that the jurisprudence of this Tribunal is very clear on the matter.
23 Basically in this particular case the pre-trial decision on adjudicated
24 facts was -- states that the adjudicated facts are rebuttal at the trial.
25 So that is the -- that is the situation. There's -- nothing has changed
1 in that respect, and the jurisprudence is on that -- on that particular
2 subject, very clear.
3 Now, in our Defence pre-trial brief and throughout these
4 proceedings, we said, we gave notice to the Prosecutor that unless it is
5 agreed, we challenge all OTP evidence. That is in our pre-trial brief,
6 and we repeated this over and over in the course of these proceedings.
7 The -- the problem, as I see, is that -- that -- that somehow the
8 adjudicated facts are -- are confused with the stipulation, and it's not
9 the stipulation. It is a well-founded presumption for the accuracy of
10 the fact which may be challenged and rebutted by the accused. That is
11 the adjudicated facts.
12 Now, this is exactly what the Lukic and Lukic decision says,
13 under paragraph 15 that Ms. Korner was citing -- or mentioning yesterday.
14 The -- the -- the Trial Chamber said exactly this in paragraph 15:
15 "A chamber establishes a well-founded presumption for the
16 accuracy of this fact. However, it is well established that an
17 adjudicated fact may be challenged at the trial. And furthermore, the
18 judicial notice of adjudicated fact does not shift the ultimate burden of
19 proof beyond a reasonable doubt which remains with the Prosecution."
20 I think it cannot be more clearer than this. My reading of -- of
21 the decision in Lukic and Lukic is that this is a very specific
22 situation. It doesn't change the jurisprudence of this Tribunal at all.
23 Namely, this -- this particular case was a direct perpetration case, and
24 that is what the Trial Chamber specifically emphasises in paragraph 19.
25 And what they are saying is that, in fact, the Prosecution in that case
1 was for months in advance put on the notice that this -- this evidence
2 concerning the -- the fire will be challenged by the Defence. And, in
3 fact, that the -- that the -- in the opinion of the Trial Chamber the
4 Prosecution already brought sufficient evidence to back up their position
5 on that particular fire. And that is the reason why they -- why they
6 denied the Prosecution request for rebuttal evidence.
7 So, in that respect, as I say, we have -- we have challenged
8 this. The jurisprudence is that the -- the -- the Defence is not
9 required to specify their -- their challenges to the adjudicated facts.
10 It is sufficient that the Defence state, as we did, we challenge all
11 adjudicated facts, and we will rebut them in the course of this trial
12 with the evidence.
13 Thank you, Your Honours.
14 JUDGE HALL: May I ask this, Mr. Zecevic.
15 MR. ZECEVIC: Yes.
16 JUDGE HALL: I -- as I understand the jurisprudence, aware of the
17 necessity to continually remind one's self and is especially so for the
18 side relying on adjudicated facts and secondarily the Trial Chamber to
19 remind one's self of not falling into the trap of conflating adjudicated
20 facts with facts which may be stipulated or agreed but on a practical
21 level the -- as the trial progresses inasmuch as a trial is, as I have
22 said on a number of occasions, a dynamic process, that something may have
23 become agreed although initially entering the court, as it were, dressed
24 in the guise of adjudicated facts, is there a process by which the side
25 opposite can then confirm to -- to the side opposite and to the Chamber
1 that in fact these -- these matters have moved into the category of
2 agreed facts or stipulated facts.
3 MR. ZECEVIC: Your Honours, as far as I am aware of the
4 jurisprudence, that is between the parties. Of course, at any time the
5 Prosecution can approach the Defence and ask for particular adjudicated
6 fact, and based on the developments in the trial, they can -- they can
7 offer us, that we stipulate that fact. That is, of course.
8 And then if we do stipulate, then it becomes stipulated fact.
9 That goes without saying, in my opinion. Yes.
10 JUDGE HALL: Thank you.
11 MS. KORNER: [Microphone not activated] ... on the law.
12 I'm not sure Mr. Zecevic is reading from which decision because
13 the decision I have in the Lukic case is the 25th of March, 2009 which
14 was a decision on the application by the Prosecution to call rebuttal
16 Your Honours, the first case on this on which the other decisions
17 are followed is, in fact, a case from Rwanda, Karemera and others, 16th
18 of June, 2006, and at paragraph 42, the -- this was said:
19 "The Appeals Chamber reiterates that judicial notice does not
20 shift the ultimate burden of persuasion, which remains with the
22 Which, of course, is obvious.
23 "In the case of judicial notice ..." -- and, really, adjudicated
24 facts are effectively that, the ultimate burden of persuasion which --
25 "judicial notice does not shift the ultimate burden of persuasion, which
1 remains with the Prosecution. In the case of judicial notice ... the
2 effect is only to relieve the Prosecution of its initial burden to
3 produce evidence on the point ..."
4 And it's the following sentence which is important:
5 "The Defence may then put the point into question by introducing
6 reliable" -- and I emphasise the word -- "reliable and credible evidence
7 to the contrary."
8 And that is what was followed in the Lukic case. As I say, the
9 one I've got is the decision on rebuttal evidence, 25th of March, 2009.
10 So it's not sufficient simply to say, as Mr. Pantelic said
11 yesterday, We dispute everything; or as Mr. Zecevic said, In our final --
12 In our pre-trial brief, we said we disputed everything. It's not only
13 not a proper way of dealing with matters, it is actually not true because
14 it's -- it's become apparent that there are many matters which are not in
16 And the third thing is, I absolutely agree that adjudicated facts
17 are not the same as agreed facts between the parties.
18 Your Honours or certainly Judge Harhoff may recall that way back
19 before the trial started we gave to the Defence a set of facts of
20 stipulations as the Americans call it, agreed facts as I would call it,
21 and asked them to agree. I mean, we were told that they were unable to
22 agree any, and I think that was conveyed to Judge Hall, so we have been
23 unable to reach agreement save in respect maybe of the legal library if
24 it ever comes into evidence. But the concern that I have is this. That
25 if there are adjudicated facts, we would invite Your Honours to say that
1 the Defence have to call reliable and credible evidence rather than
2 simply saying we dispute it or leave reliable and credible evidence
3 through our witnesses. They don't necessarily have to call it themselves
4 to show that those adjudicated facts cannot be relied on.
5 So that is the situation. Of course, as I say, the ultimate
6 burden of proofing the case still rests with us.
7 But at the moment we are in a -- in a -- in a difficult position
8 in that as I said to Your Honours yesterday, and that's what caused this
9 application by me, is that we're only learning what particular fact is in
10 dispute as and when witnesses come from a particular area or to deal with
11 a particular aspect of the case which at present is covered by
12 adjudicated facts, and that you may think is neither efficient nor indeed
13 a very fair method of proceeding because it means the whole time we're
14 having to re-adjust and start looking for evidence which we didn't
15 appreciate that we would have to call, and as I say, a blanket we
16 challenge everything that the Prosecution wants to is, as I say, not only
17 unhelpful and not a proper way of proceeding but positively in this case
18 actually not right.
19 So that's the situation. And, Your Honours, I did make some
20 inquiries overnight over the question Judge Hall asked me whether there
21 had been another case in this Tribunal where an order that the Defence
22 should say specifically which adjudicated facts they actually challenge.
23 There hasn't been basically because there haven't been that many cases
24 since adjudicated facts were used. And so, as far as I know, there's
25 been no such order.
1 But that's -- that's the situation.
2 MR. ZECEVIC: If I may of assistance giving the reference to the
3 decision which I was citing from.
4 Your Honours, I was citing from the final decision in Lukic and
5 Lukic on the subject, and that is the decision on motion for
6 reconsideration or certification to appeal the decision on rebuttal
7 witness, dated 9 of April 2009. Case Prosecutor Milan Lukic versus [sic]
8 Sredoje Lukic. That is the decision I was citing for as I felt that the
9 final decision on the matter would be the most appropriate one.
10 Now just two short comments on what Ms. Korner was commenting
12 It is -- it is my recollection that the Rwanda decision was about
13 the Defence case, so it's a bit -- it's a bit different aspect that
14 was -- that the Trial Chamber had in view in -- in that respect, the one
15 which -- which Ms. Korner was citing.
16 And the -- and the second thing is, Your Honour, you will
17 remember that there is an number of facts that we agreed upon. It is not
18 true that we are challenging everything. We agreed upon the facts which
19 we feel are agreeable. We are not going to agree to the facts which we
20 think are not -- are rebuttable or that we are going to challenge and
21 which are important for our case. And I don't -- I mean, apart from
22 that, I don't have anything to add.
23 Thank you very much.
24 MR. PANTELIC: Your Honours, again, for the record, as I said
25 yesterday, and I really do not see a -- grounds for submission this
1 morning submission of Ms. Korner. Zupljanin Defence denies all
2 adjudicated facts. We have a right to do that. And in addition to that
3 during the Prosecution case, we showed in our cross-examination that a
4 number of facts are actually challenged.
5 For example, Ms. Korner recently informed us off the record that
6 she is not going to lead evidence regarding the split of BH MUP.
7 MS. KORNER: Just a moment.
8 Your Honours, I object to and I will not have, as Mr. Pantelic
9 says, off-the-record conversations if they're going to be repeated in
11 If Mr. Pantelic wants to stop having communication out of court
12 then he can continue. But I do not consider that chat -- what I call
13 robing room chat, is something that should be repeated in court.
14 MR. PANTELIC: You can have your time later for reply.
15 So the proper way for Prosecution would be as my learned friend
16 Mr. Zecevic said. They are free to give us a list of -- formulation of
17 adjudicated facts. In relation to this case, in relation to -- to --
18 to -- to their case, in relation to -- to -- to proofs and evidence so
19 far and then we shall discuss and see whether we could agree on certain
20 issues. Simply as that.
21 JUDGE HALL: Mr. Pantelic, could you -- obviously this is
22 something that the Chamber is going to have to give some further careful
23 thought to. But do I understand your position, and when I say "your," I
24 mean you and Mr. Zecevic, that notwithstanding the ruling that the Trial
25 Chamber may have made on the Prosecution's application -- well, on the
1 application, that certain facts are treated as adjudicated facts, there
2 is, nevertheless, an affirmative burden on the Prosecution, having been
3 given notice of the general objection by the Defence that, in the course
4 of the Prosecution's case, it must, as it were, prove these matters
5 because of that challenge.
6 Is that a fair summary of what I understand your position to be?
7 MR. PANTELIC: Absolutely, Your Honour. There is exactly the --
8 our position, that we -- that we articulated.
9 Thank you.
10 JUDGE HALL: Thank you, I understand.
11 MS. KORNER: [Microphone not activated] ... seek a ruling on this
12 because, Your Honours, that is not what the decision, the only appeals
13 decision on this, with Judge Shahabuddeen says. It is for the Defence to
14 raise credible and reliable evidence if -- if the above --
15 JUDGE HALL: I appreciate your position, Ms. Korner. It's just
16 that I wanted to be sure that I was hearing what I thought I was hearing
17 from the Defence. Thank you.
18 MS. KORNER: Your Honours, can I make it clear. I mean, we
19 did -- we served, and Mr. Pantelic knows this, we spent a considerable
20 amount of time because we were invited to do that by Judge Harhoff and
21 the Defence drafting what we thought were a set of unobjectionable facts
22 to which we hoped the Defence could agree, and we were told in terms that
23 they would not agree them, and they were the most basic ones, and,
24 therefore, we do not propose -- and Mr. Pantelic makes it sound as though
25 the Defence are being reasonable -- we had a refusal, we don't propose to
1 waste any more time, drafting -- spending -- writing out matters which
2 the Defence won't agree. It's as simple as that.
3 JUDGE HARHOFF: If I may just add a comment on this matter.
4 The thing that hurts is the consequence of this dispute; namely,
5 that we shall have to prolong the trial for a considerable time, in order
6 to deal with matters that really are not subject to any substantial
8 And it is for the accused also, both of you, to consider your
9 positions on this issue.
10 Now, if I look at the adjudicated facts, just as an example, the
11 ones that relate to the current witness, and I see adjudicated fact
12 number 1264, it reads as follows:
13 "According to the 1991 census in Bosnia-Herzegovina, the ethnic
14 composition in Doboj municipality was 40 per cent Muslims, 39 per cent
15 Serbs, and 13 per cent Croats with the indication of the number of
16 persons, and so-and-so many persons of other -- or unknown ethnicity."
17 Now, the position of the Defence forces the Prosecution to adduce
18 evidence to sustain and support this fact, and it also forces the Chamber
19 to consider the reliability of this fact.
20 So time could be saved if the Defence were able to say, We have
21 no objection against this fact. So that's one-off the number of facts
22 that the Prosecution must then deal with. In other words, there has to
23 be a way in which the parties can get together and sort out and identify
24 the issues that are really subject to disagreement. And once these facts
25 have been identified, then I think, according to the Appeals Chamber's
1 ruling, it would be for the Defence to produce relevant and credible
2 evidence to rebut these facts.
3 But, again, I'm appealing to the parties to -- to continue their
4 efforts to try and weed out all the facts which we don't have to deal
5 with during this trial.
6 [Trial Chamber confers]
7 JUDGE HARHOFF: Judge Delvoie reminded me, and I'm perfectly in
8 agreement, that if the Appeals Chamber's decision is to be read
9 consistently, then it would be insufficient for the Defence just to
10 challenge the adjudicated facts of which the Chamber has taken judicial
11 notice on a very general scale. You have to be the one that puts up
12 relevant and credible evidence to rebut the facts.
13 MR. ZECEVIC: Your Honour, with all due respect, the way we read
14 the decision, the appeals decision, is that what is expected of Defence
15 is to challenge the adjudicated facts during the Prosecution case. And
16 in the Defence case, we bring the credible evidence to counter that.
17 That is -- that is the -- in -- in our position, that is the proper
18 reading of -- of -- of the decision.
19 MS. KORNER: I agree with that.
20 MR. ZECEVIC: Because we would not be -- we would not be able to
21 produce the -- the evidence during the Prosecution case. That's, first
22 of all. The second, the burden of proof is with the Prosecution. And I
23 see Ms. Korner agrees with my assessment and my reading of the decision.
24 MS. KORNER: Your Honours, I do. I mean, that -- that must be
25 right. The problem arises, and it is because of the Lukic decision, we
1 say it is not enough to say we challenge it. There has to be reliable
2 and credible evidence, and there must be some indication that there is
3 reliable and credible evidence. But our position is difficult because if
4 we say -- we're put on notice because there's a specific challenge
5 through a witness to -- or to adjudicate in fact by cross-examination it
6 has to be indicated. It's not enough to say we challenge it. It has to
7 be put to a witness, for example, that -- that -- that the ethnic
8 composition -- let's take a silly example, but the ethnic composition is
9 wrong, and -- of Doboj.
10 And then we're put on notice and that's been put in
11 cross-examination, but the trouble is because of the Lukic decision, if
12 we had been put on notice properly by cross-examinations rather than a
13 blanket, We challenge everything, do we have to, as part of our case,
14 seek to call evidence to deal with it; or can we wait until the Defence
15 case and then call rebuttal evidence? And the Lukic evidence says, no,
16 we can't.
17 So effectively that is why I'm saying it is important that we
18 know what is challenged in advance and for Your Honours to know so that
19 we can look for the witness that covers that particular adjudicated fact
20 if it is important. I mean, obviously if it is important and material
21 to -- to a real issue in the case and then apply to Your Honours
22 regrettably because of this challenge and because there's been a
23 suggestion in cross-examination but without any indication of what --
24 what the evidence is, to say, we need to call a witness or put in another
25 document. And the only way a trial can proceed efficiently, which is one
1 of the -- of the many aspects of general human rights law, that we should
2 know in advance. So that's --
3 JUDGE HALL: Hence the practicality of the suggestion that Judge
4 Harhoff has made. As the one way of dealing with this, and clearly this
5 was a -- this is not a decided view -- view of the Chamber, is for the
6 parties to get together -- because we're dealing with a large number of
7 facts here, and the difference between the sides on this issue are not
8 as -- as -- as wide as they first appeared. It's merely arriving at a
9 practical means of -- of -- of the -- well, in this case the Prosecution,
10 knowing which of the facts are facts that -- that are -- in such dispute
11 as this evidence has to be called, and, as I said, that is something that
12 we're going to have give further thought to.
13 MS. KORNER: Your Honours, can I say, I mean, I don't know how
14 often I have to repeat this, because there's fairness and there's
15 fairness. Judge Harhoff invited us to do just that pre-trial, and we
16 sent -- we have copies of it, we can provide Your Honours, and we may
17 have done so, in fact, I believe, to Judge Harhoff of what we -- we asked
18 the Defence to agree, and we were met with a blanket refusal.
19 Now, having said that, I think Your Honours should make it clear
20 it is for the Defence now to take the initiative and say what they will
21 agree as opposed to what they won't agree, whichever way round it is. We
22 are receptive. We are anxious that we should not have to rehash matters
23 which have been through countless cases and be the subject of countless
24 appeal decisions. I mean, particularly when we get to Prijedor, which is
25 an enormous municipality, as far as the events are concerned, and has
1 been investigated as somebody once put it, there isn't a snail that
2 hasn't been investigated in Prijedor. It has been through seven
3 different cases. We seriously ought to be able, at this stage of the
4 Tribunal's life, to reach agreement on what has been proved beyond a
5 peradventure and concentrate on the real issues; namely, what part did
6 Zupljanin play in those events, what part did Stanisic, what was their
7 knowledge. That is what the issues should be.
8 And so --
9 JUDGE HALL: Thank you. We're halfway into this morning's
10 session, the first session for the morning, and obviously this is not a
11 matter that is going to be resolved now, and it's something to which we
12 are going to have to return. Thank you.
13 If there are no further matters, could the usher please escort
14 the witness back to the stand.
15 [The witness takes the stand]
16 JUDGE HALL: Good morning, to you, Mr. Petrovic. Before
17 Mr. Cvijetic continues, I would remind you that you're still on your
19 Yes, Mr. Cvijetic.
20 MR. CVIJETIC: [Interpretation] Thank you, Your Honours.
21 WITNESS: OBREN PETROVIC [Resumed]
22 [Witness answered through interpreter]
23 Cross-examination by Mr. Cvijetic: [Continued]
24 Q. [Interpretation] Good morning, Mr. Petrovic. We broke off
25 yesterday before we called a document.
1 MR. CVIJETIC: [Interpretation] So can we please see 65 ter 2387.
2 I apologise if it has been admitted in the meantime. I don't
3 think so, but ... anyway.
4 MR. DEMIRDJIAN: It is P1345, from our records.
5 MR. CVIJETIC: [Interpretation] Thank you.
6 Q. Mr. Petrovic, this is a report of activities of the Doboj police
7 detachment. This was shown to you by the Prosecution during their
9 Do you remember that this was discussed?
10 A. Yes.
11 Q. We will reach the last page yet. But I can remind you that this
12 was signed by the detachment commander, Mr. Djukic, I believe was his
13 name, right?
14 A. Yes.
15 Q. Thank you. Here's what I would like to discuss with you.
16 During the examination yesterday, I showed you documents and
17 orders of the minister of the interior. And during the
18 examination-in-chief, you were able to see minutes -- or, rather, reports
19 about the inspections of the MUP when the inspectors came to Doboj.
20 What you were able to see from the order, I believe, you will
21 agree with me, is that in his orders, the minister deals with the
22 reduction of the number of members of the reserve police force and giving
23 that excess number to the army to dispose with, and he also deals with
24 the disbanding of all so-called special and other units that were
25 established during the war without his orders. They, too, are placed at
1 the disposal of the army.
2 The minister, in his order, informs the recipients that the
3 establishment of a special police detachment at Pale is in progress and
4 that it was being manned. I suppose that you know that only the minister
5 has the power to establish such units under the law.
6 Do you know that?
7 A. Yes.
8 Q. In the examination-in-chief, you said yourself that this
9 detachment was established by Major Stankovic, if I'm not mistake, right?
10 A. Yes.
11 Q. And that it was really he who enlarged the number of reserve
12 police officer so that a great many of them -- so that such a detachment,
13 such a very strong detachment could be established, right?
14 A. Yes.
15 Q. You also confirmed that the funding normally came from the
16 municipal -- municipal funds or the municipal budget and that the Crisis
17 Staff decided that this should be done that way.
18 A. Yes.
19 MR. CVIJETIC: [Interpretation] Could we please turn to the
20 following page in this document. One -- one more, page 3, actually.
21 Q. Mr. Petrovic, let me turn your attention to the first two
22 sentences. This says that the detachment was established on 8 May 1992
23 right? But later on, there's a sentence that the Defence thinks is
24 wrong - I'm saying this for the record - it says that, pursuant to a
25 decision, an order of the ministry the number of members was reduced from
1 1300 to 720, and so on.
2 Bearing in mind what we said in this introductory part and
3 yesterday, obviously the minister had nothing to do with the detachment,
4 with that unit because he didn't even know of its existence when it was
5 being established. Rather, the minister dealt with what he was
6 authorised to do under the law. Namely, the reserve police force, its
7 strength, and the ratio between the regular police force and the reserve
8 police force.
9 You remember that this -- this was what one of his documents
10 said, correct?
11 A. Well, I don't know whether he knew it or didn't know it.
12 Q. Well, I'm putting the position of the Defence to you that he was
13 dealing with the reserve police rather than the detachment. Did you find
14 information anywhere to show that he dealt with this detachment? I don't
15 think so. Neither have I.
16 The crux of the matter, Mr. Petrovic, is that the minister's
17 order to disband this kind of a unit and similar units was not
18 implemented on time and the reserve police force was not reduced in
19 strength in a timely fashion.
20 You will agree with me that this was one of the -- this is one --
21 one of the things that were put to you yesterday and you put forward the
22 reasons why it wasn't done in time?
23 A. I believe that everybody knew of the existence of this
25 Q. Thank you. Then --
1 MR. CVIJETIC: [Interpretation] I would suggest that we go to page
2 5 of the document. I'm referring to the page in the B/C/S version.
3 I apologise, I can't give the page reference in English, but I
4 believe it's the same. The last paragraph in the B/C/S says that the
5 detachment wasn't being helped by the ministry in any way - that's the
6 very last paragraph - or, rather, the last-but-one paragraph and the
7 second sentence in that paragraph. Not receiving any help at all from
8 the Republika Srpska MUP for the covering of the stations' expenses and
9 also the maintenance of the Dom.
10 Q. Could we now please go to the last page of the document before I
11 put my next question to you. That's the section where the proposed
12 conclusions are listed.
13 MR. CVIJETIC: [Interpretation] We may have to turn back one page
14 because that's where it starts; although the very last ones are more
15 interesting to me.
16 This is the page. In English, it is probably also one page back.
17 We'll just find the conclusions in English, probably on the previous
19 Q. It starts in the lower part of the page. The author of this text
20 lists conclusions as a summary of what precedes, and in the last part, we
21 can see the proposed measures for the improvement of the security
23 Mr. Petrovic, please read what the author of this document
25 A. You mean under 1?
1 Q. No, just read everything.
2 A. I've read it.
3 MR. CVIJETIC: [Interpretation] Now could we please go to the end
4 of the document.
5 Yes, 7, 8, 9, and so on.
6 Q. Can you at least agree with me when I say that all these proposed
7 measures are targeted at local bodies, municipal bodies, from whom
8 certain actions are requested, help, et cetera.
9 Am I right?
10 A. Well, that's what it says.
11 Q. That's what it says.
12 You will agree with me, won't you, when I say that the document
13 doesn't show to who it was sent. But I suppose you will agree with me
14 that a logical conclusion would that be it was drafted for the local
15 authorities from whom help is requested.
16 THE INTERPRETER: We didn't hear the answer of the witness.
17 MR. CVIJETIC: [Interpretation]
18 Q. Well, my question actually is whether or not the only logical
19 conclusion is that what I have just said.
20 A. Well, probably.
21 Q. Probably, okay.
22 [Defence counsel confer]
23 MR. CVIJETIC: [Interpretation]
24 Q. Thank you.
25 MR. CVIJETIC: [Interpretation] Since this is already in evidence,
1 there's no need to tender it. I can pass onto the following document.
2 Could we please see 65 ter 2775.
3 Could we please turn to the next page immediately. This is just
4 a file sleeve.
5 Q. Mr. Petrovic, this is a letter from the chief of the centre,
6 Andrija Bjelosevic, who sent this letter to all stations, including
7 yours, forwarding the minister's order that we have already commented on.
8 I mean the one about the implementation of detention measures, by which I
9 mean the three days, which is the duration of remand prison that you were
10 authorised to impose.
11 Do you remember?
12 A. Yes.
13 Q. This is the 12th of August.
14 MR. CVIJETIC: [Interpretation] Could we please turn to the next
15 page. Attached there's the minister's order. This is the original that
16 we read yesterday.
17 Q. Do you remember? Can you remember whether you received
18 Mr. Bjelosevic's -- this order of Mr. Bjelosevic?
19 A. I can't remember.
20 Q. You can't remember, very well.
21 Well, if you can't remember, I cannot tender this document, and
22 the minister's order is already in evidence.
23 MR. CVIJETIC: [Interpretation] All right. Let's move on to the
24 next document, 65 ter 190. I think it was also admitted as P590.
25 Q. This is a document that the Prosecution has also showed you.
1 It's about the problems with regard to the activities of paramilitary
2 units in the territory of the Doboj CSB.
3 You read it with the OTP. I believe that are you familiar with
4 the contents. So let us comment on the third paragraph now. It starts
5 with: "These groups benefit from ..." et cetera.
6 Have you read it?
7 A. Yes.
8 Q. Do you remember with -- what the chief of the centre is saying
9 about the problems he's pointing out and because of which it is difficult
10 to put these paramilitaries under control?
11 Do you agree with this?
12 A. Yes.
13 Q. And he goes on to propose measures to be taken. You can see
15 MR. CVIJETIC: [Interpretation] Let's turn to the next page,
16 please. Let's just wait for it to appear.
17 Q. Please focus your attention on the lower part of the page. It's
18 about the problem the police is facing in -- in combat. Do read it and
19 then we'll comment on it.
20 Have you read it?
21 A. Yes.
22 Q. Do you agree what Mr. Bjelosevic says here?
23 A. Yes.
24 Q. Are you familiar with the problem he's pointing out here, about
25 the use of these men and the problems connected with it?
1 A. Yes. He is saying that they are using the police when necessary;
2 and when not, the police, again, stays under military command.
3 Q. All right.
4 MR. CVIJETIC: [Interpretation] Let us turn to the last page.
5 Q. We have this paragraph which has been marked. If can you read
6 it, it says: "A commission was formed recently at the Crisis Staff
7 level ..."
8 Please read it.
9 You can confirm the accuracy of this information, because you
10 spoke about the commission for triage and for the release of persons from
12 My question is: Did the CSB get actively involved in the work of
13 this commission?
14 A. Yes, there was a representative.
15 Q. There was?
16 A. Yes, there was.
17 Q. Very well. Thank you.
18 MR. CVIJETIC: [Interpretation] Since this has been admitted, too,
19 I will not need it any longer. Thank you. We can move on.
20 [Trial Chamber confers]
21 MR. CVIJETIC: [Interpretation] Could we now see 1D00-2306.
22 Q. See this? This is from the Security Services Centre. It was
23 sent to your station, and they request certain information to be
25 Would you please look at this and then give us your comments.
1 Have you looked at it?
2 A. Yes.
3 MR. CVIJETIC: [Interpretation] We can turn to the last page to
4 see the signature.
5 Q. Andrija Bjelosevic, chief of the centre, signed it, right?
6 A. Yes.
7 Q. Did you receive this letter, and was something done pursuant to
8 the letter of the chief of the centre?
9 A. I can't remember. But, most likely we did receive it, and we
10 were supposed to produce a report.
11 Q. I suppose that you can't help me in answering pursuant to his --
12 to whose request this information was compiled. What is relevant for you
13 is simply that you had to act upon this letter of the centre, right?
14 A. Yes.
15 Q. So can you confirm that you, nevertheless, received this document
16 and that you acted in accordance with it?
17 A. I believe we did.
18 Q. Very well.
19 MR. CVIJETIC: [Interpretation] Your Honours, I tender this
20 document into evidence as Defence exhibit.
21 JUDGE HALL: Admitted and marked.
22 THE REGISTRAR: As Exhibit 1D269, Your Honours.
23 MR. CVIJETIC: [Interpretation] I will now turn to a different
25 JUDGE HARHOFF: Mr. Cvijetic, before you turn to another subject,
1 I think it would be interesting to see the results of the inquiry that
2 Mr. Bjelosevic made. The witness said that he thinks that they actually
3 did receive it and that they replied. But what was the answers given to
4 the inquiry?
5 MR. CVIJETIC: [Interpretation]
6 Q. Mr. Petrovic, do you know what were the results of the inquiry;
7 can you remember?
8 A. I can't remember.
9 MR. CVIJETIC: [Interpretation] Your Honours, the Defence will
10 have to make its own inquiry. We will have to contact and get
11 information from the author of this document.
12 JUDGE HARHOFF: [Previous translation continues] ... obviously.
13 Because one thing is that the CSB is asking for this information. But if
14 we don't know the answer, then I'm not sure what use the Chamber is to
15 make of this piece of information.
16 MR. CVIJETIC: [Interpretation] I expected the witness to know and
17 to remember, but now that he says that he doesn't know and he doesn't
18 remember, it is clear that we will have to make further inquiries.
19 Q. Mr. Petrovic, in the course of examination-in-chief, questions
20 were put to you about - if I may say so - the investigation of crimes
21 which took place in the territory under the jurisdiction of your centre.
22 You will agree with me that the atmosphere which persisted in Doboj was
23 suitable for commission of various crime, including the gravest ones?
24 A. Yes.
25 Q. There was an enormous jump in the number of crimes committed,
1 especially the most serious ones?
2 A. Yes.
3 Q. And the aggravating factor in identifying and locating the
4 perpetrators was the fact that in the territory of Doboj
5 there emerged some unidentified persons concerning whom you had no
6 intelligence. These people stayed there briefly and then left the
7 territory of the municipality, right?
8 A. Yes.
9 JUDGE HALL: Are you giving evidence, Mr. Cvijetic, the way that
10 question was phrased?
11 MR. CVIJETIC: [Interpretation]
12 Q. In investigating the crimes was this fact that we just mentioned
13 a hindrance in that process?
14 A. Yes.
15 Q. Was it a hindrance, also, that they frequently disguised
16 themselves in different uniforms and that it wasn't really clear to whom
17 they belonged, to what group, right?
18 A. Yes.
19 Q. As far as I remember, you said that in relation to all documented
20 crimes, on-site investigations were carried out, evidence was secured,
21 and investigations were conducted.
22 Did I interpret your answers correctly?
23 A. Well, in the beginning, that wasn't the case. But later on when
24 the services were established, they started working on investigating the
1 Q. In the information we read a bit earlier on, in relation to this
2 initial period, it was said that you had technical problems, personnel
3 problems, and various other problems in doing your work, right?
4 A. Yes.
5 Q. According to the rules, crimes which were committed at that time
6 by unidentified perpetrators had to be documented as well. And then,
7 later on, they were supposed to investigate, in order to identify the
8 perpetrators, right?
9 A. Yes.
10 Q. In cases where perpetrators were identified, the records were
11 completed and sent to the prosecutor's office, right?
12 A. Yes.
13 Q. Is this how they proceeded, once you got organised, as you put
15 A. Yes. Once we got organised.
16 Q. And this work in your police station was performed by your crime
17 protection services for minor crimes; and in the centre, they had their
18 own service, which dealt with the most serious crimes. Is that what you
20 A. Yes.
21 Q. I showed you a set of criminal reports, some against known and
22 some against unknown perpetrators, all signed by Mr. Bjelosevic. But you
23 told us that since this was done by crime investigation services, that
24 this was their line of work, you couldn't really be of assistance to me
25 in relation to specific cases.
1 Was that how it was?
2 A. Yes.
3 Q. For the sake of showing an example, I will put to you two
4 documents, and perhaps you could assist us, if you remember anything
5 about these two documents.
6 MR. CVIJETIC: [Interpretation] Your Honours, I have three minutes
7 left and two documents. I can't possibly complete them in three minutes.
8 Perhaps it would be a good idea to have a break now.
9 JUDGE HALL: Very well.
10 [Trial Chamber confers]
11 [The witness stands down]
12 --- Recess taken at 10.20 a.m.
13 --- On resuming at 11.05 a.m.
14 JUDGE HALL: As a matter of courtesy to counsel and the accused,
15 I would explain that our delay in resuming the Bench was due to certain
16 housekeeping matters that we're trying to sort out. The fruits of our
17 discussions counsel would learn in the course of today.
18 [The witness takes the stand]
19 JUDGE HALL: Yes, please continue, Mr. Cvijetic.
20 MR. CVIJETIC: [Interpretation] Thank you, Your Honours.
21 Could we now call on the screen 1D01-0349, please.
22 Q. Mr. Petrovic, before the break, and also earlier, we spoke about
23 identifying and pressing charges for crimes committed in the territory of
24 Doboj municipality. Here, I have a document that, so to speak, lists the
25 crimes committed by unidentified perpetrators. As I was able to see,
1 there is also a record of crimes where the victims were non-Serbs.
2 Do you see this too?
3 A. Yes.
4 JUDGE HARHOFF: Mr. Cvijetic, what is this document? Is it a SJB
5 report or ...
6 MR. CVIJETIC: [Interpretation] Your Honours, I suppose this is a
7 report of a CSB, not a SJB. And this is what I wanted to clarify with
8 the witness, whether he can identify this document and confirm its
9 authenticity. And I won't tender it until we ensure all this
10 information. So my goal was exactly what you just asked about.
11 May I continue?
12 Q. Mr. Petrovic, what you can see in this document is that there is
13 an record, a compilation, of all crimes committed by -- by unidentified
14 persons against non-Serbs.
15 Do you see this as well?
16 A. Yes.
17 JUDGE HALL: Mr. Cvijetic, if I may return to the query raised by
18 Judge Harhoff, should you prove the document first before you put the
19 contents to the witness?
20 MR. CVIJETIC: [Interpretation] Your Honours, I want to elicit the
21 information on the document from the witness. I will ask him directly.
22 Q. Mr. Petrovic, could this be a report of a CSB given the gravity
23 of the crimes it mentions? Because your SJB did not deal with this type
24 of crime. Can you assist me there?
25 A. Well, it could be.
1 Q. So this document could be coming from a CSB, not from your SJB,
3 A. Yes.
4 Q. Are you familiar with the cases mentioned here --
5 [Trial Chamber confers]
6 [Prosecution counsel confer]
7 MR. DEMIRDJIAN: Your Honour, first of all -- we don't have any
8 date on this document. We don't have -- we don't who the maker is. And
9 the date is very relevant when this was made so I don't know if we can
10 have any information. Where was this obtained, how, and --
11 JUDGE HARHOFF: [Microphone not activated] ... signature.
12 MR. DEMIRDJIAN: There is apparently no signature on this
14 So before asking any further questions, can we maybe establish
15 the foundations.
16 JUDGE DELVOIE: The only thing the witness says, Mr. Cvijetic, is
17 that this is not a SJB document.
18 MR. CVIJETIC: [Interpretation] But he allowed -- or, rather, he
19 conceded that this might be a document of the CSB if I'm not mistake.
20 Your Honours.
21 JUDGE HALL: [Previous translation continues] ... it might be
22 anything, if I may say so with respect. The issue, as I said, Judge
23 Harhoff first alerted you to and Mr. Demirdjian has now raised that,
24 before we -- I expect at the end of the exercise you would seek to be
25 eliciting evidence from the witness which the Chamber should take on
1 board in terms of evaluating the contents of this document, but before we
2 get to that, there is a fundamental question of what the document is, and
3 it isn't helpful to ask questions [indiscernible] what it could be,
4 because it could be anything.
5 MR. CVIJETIC: [Interpretation] I agree, Your Honours. I will not
6 deal with the document, but instead I will ask the witnesses about the
7 cases mentioned in it. I wasn't going to tender the document anyway
8 because I still cannot provide what you ask of me. I will no longer deal
9 with the document.
10 MS. KORNER: [Previous translation continues] ... I'm sorry, Your
11 Honour, this is we're going back to the same thing. Unless Mr. Cvijetic
12 can tell the Court where this document comes from, what it is supposed to
13 be, he cannot ask questions based upon it.
14 MR. CVIJETIC: [Interpretation] But I've already said I wouldn't
15 be discussing the document.
16 Q. Mr. Petrovic --
17 MR. CVIJETIC: [Interpretation] I agree that the document be
18 removed from the screen and I will ask questions without referring to the
20 Q. Mr. Petrovic, so this document is not related to the document.
21 Were an on-site investigations made and was evidence collected about
22 crimes, the victims of which were non-Serbs?
23 A. Yes.
24 Q. Did your crime investigation service distinguish with regard to
25 the ethnicity of the victim when it comes to what they should do?
1 A. In the earlier days, it wasn't done, but, later on, we did do it,
2 regardless of the ethnicity of the victim.
3 MR. CVIJETIC: [Interpretation] Then I would like to call up the
4 following document which we will be able to identify.
5 It's 1D03 -- 1D03-1240.
6 [Defence counsel confer]
7 Q. Mr. Petrovic, you said twice that you did not do it; but later
8 on, when the conditions were favourable and possibly when you were able
9 to do it, or trained to do it, then you would engage in that activity.
10 Is that correct?
11 A. Yes.
12 Q. So this is a criminal report for a specific crime, the victim of
13 which was Ivan Cigoj. Judging by the name, we can conclude that he is a
15 A. Yes.
16 Q. And Ferid Cabric probably Muslim?
17 A. Yes.
18 Q. And the perpetrator is a Serb?
19 A. Yes.
20 Q. And the criminal report went to the public prosecutor's office of
21 the Doboj municipality.
22 A. Yes.
23 Q. Do you know about this case?
24 A. I don't remember.
25 MR. CVIJETIC: [Interpretation] Can we just look at the last page
1 of this document, Your Honours.
2 Q. Here you can see a list of attachments to the criminal report.
3 To the extent you know - and you said that your crime
4 investigation service dealt with this - is this the usual way of
5 completing a criminal report, once the -- the required activities have
6 been done?
7 A. Yes.
8 Q. As you said you don't know about this specific case, I will not
9 tender this document. Instead, I will move on to the following.
10 MR. CVIJETIC: [Interpretation] Could we please see Exhibit 65 ter
12 Q. Mr. Petrovic, we're now passing onto another topic.
13 You have been asked about --
14 MR. DEMIRDJIAN: I apologise. Which tab is this on your list?
15 I'm just trying to find the document.
16 MR. CVIJETIC: [Interpretation] 40 in my binder.
17 MR. DEMIRDJIAN: Thank you.
18 MR. CVIJETIC: [Interpretation]
19 Q. You were asked about communications and communicating with the
20 headquarters; that is, the MUP. I asked you about that. And I found a
21 statement of yours that it was your impression that the MUP was actually
22 in existence and functioned as of August 1992.
23 Do you remember that this was your estimate?
24 A. Yes.
25 Q. You said that that was the month when you started receiving
1 orders from the MUP, and in August an inspection from the MUP arrived to
2 your area, and that made you conclude that after -- after the corridor
3 was cut through -- or, rather, after the corridor was established, things
4 started functioning and communications were possible.
5 A. Yes. It was only possible after the corridor was established.
6 Q. After that, a document was shown to you that the stations were
7 submitting daily reports to the ministry.
8 Do you remember the Prosecutor showing you that in the
10 A. I don't remember.
11 Q. Very well. Then take a look at one of these daily reports. I
12 believe we have it on our screens now.
13 MR. CVIJETIC: [Interpretation] And let us turn to the last page.
14 In the English version, it seems we'll have to scroll up to the last
15 paragraph on the last-but-one page.
16 Q. Please read this remark, Mr. Petrovic.
17 A. Aloud?
18 Q. No. It doesn't have to be aloud.
19 A. I've read it.
20 Q. You will agree with me, won't you, that this corroborates what
21 you said; that this -- that for this daily report from Doboj, information
22 was not received in the period you were referring to?
23 A. Yes.
24 Q. I suppose that you don't know this document, that you haven't
25 seen it, apart from confirming what I've asked you?
1 Therefore, I'll show you the next daily report, for which the
2 Defence established that was the first daily report, including
3 information from the Doboj municipality.
4 MR. CVIJETIC: [Interpretation] Let us see Exhibit 65 ter 995.
5 It is also marked as P170.
6 Q. This is a bulletin. We see that it's dated 24 July 1992.
7 MR. CVIJETIC: [Interpretation] Let us turn to the last page in
8 both linguistic versions. And could we enlarge the last paragraph which
9 refers to Doboj. It may be difficult to read it, but I think it's
10 legible after all. It says Serbian municipality of Doboj
11 of explosion is mentioned and an on-site investigation.
12 Can you read it?
13 A. It is barely legible.
14 Q. In the last paragraph, it says, various goods are taken away on a
15 large scale, and persons in uniform are mentioned. And do read the last
16 sentence. "Equipment belonging to the Derventa SJB has been taken away,"
17 and so on.
18 So, can you see what I've just read to you, the last sentence?
19 A. Yes, I can see that.
20 Q. The first information to draft such a bulletin -- at least that
21 is my conclusion based on my perusal of all the bulletins, and I've read
22 them all, was received after the corridor was established after the 24th
23 of June [as interpreted]. Is that correct?
24 A. Yes.
25 MR. CVIJETIC: [Interpretation] I said 24 July, if this could be
1 corrected, please. And the document also reads 24th July.
2 Q. Speaking about means of communication, let us see a 65 ter
3 document, 68.
4 JUDGE HARHOFF: Mr. Cvijetic, I wasn't sure what the purpose was
5 of showing this document to the witness.
6 MR. CVIJETIC: [Interpretation] Your Honour, the witness was shown
7 a document, and he was required to say whether or not they were
8 duty-bound to send information to the MUP from the municipality of Doboj
9 about the events in that municipality. This has to do with the issue of
10 the existence or non-existence of communication lines with the ministry.
11 I just tried to confirm what the witness has said, that only after the
12 establishment of the corridor, this manner of informing the MUP became
13 possible only as of 24 July 1992
14 The following document also has to do with this, but it isn't a
16 So, Your Honour, I'm actually talking about the setting up of
17 communication lines with the Ministry of the Interior.
18 May I continue, Your Honours, with the following document?
19 Can we see that 65 ter 68 document, please.
20 Q. Mr. Petrovic, I, again, would ask you to read it before I ask you
21 about it.
22 Have you read it?
23 A. Yes.
24 Q. Sir, do you know the author? So this the Department of
25 Communications and Cryptographic Protection. Do you know the author of
1 this document?
2 A. I do.
3 Q. Thank you. And the signature down there should be his, right?
4 A. Yes.
5 Q. The information from this report, from the 30th of July until the
6 30th of September, does it look familiar to you? Do you know about the
7 problems in the communications that this document speaks of? You've
8 mentioned it yourself.
9 A. I know that there were problem, but I don't know about this
10 specific information. I don't know anything about it.
11 Q. In this document, it says that it wasn't until this period - from
12 the 30th of July until the 30th of September - that they started solving
13 the problems with the communications and that they started establishing
14 at least some basic communication channels but that, however, some
15 problems remained and that they were working on them.
16 Do you see what it says here?
17 A. Yes, that's what it says there.
18 Q. You must know that the basic type of communication in the police
19 work is a dispatch or a teleprinter type of communication.
20 A. Correct.
21 Q. Based on this document, I can't see that teleprinter connection
22 was established and they mostly relied on telephone and fax
24 JUDGE HALL: [Previous translation continues] ... Mr. Cvijetic,
25 we have previously reminded you that you're counsel, not witness in this
1 matter, so please ask questions of the witness on the stand.
2 MR. CVIJETIC: [Interpretation] I will, Your Honour.
3 Q. Mr. Petrovic, do you see in this document on what type of
4 communication the people who worked at the CSB relied on?
5 A. Yes, can I see it in this report.
6 Q. Well, tell us.
7 A. Telephone and telegraph. It's added in handwriting, telephone.
8 Q. You weren't clear. Tell us, please.
9 A. In this report, it says that they used telephone. It says that
10 they established telephone connection.
11 Q. And, based on your recollection, was that the only type of
12 communication in that period of time?
13 A. I think so.
14 Q. Based on your answer, it is clear that the dispatch type of
15 communication is missing, right?
16 A. That's what it says in this report.
17 Q. Mr. Petrovic, other than confirming the author and the
18 authenticity of this document, can you also confirm that the content of
19 this document is accurate?
20 A. I can't remember.
21 Q. All right then. We will have to cover this with somebody else.
22 Mr. Petrovic, I would like us to go back to two documents that
23 have already been put to you. 65 ter 1274, which has become P1341, MFI.
24 MR. CVIJETIC: [Interpretation] Could we now turn to page 3 in the
25 B/C/S. That's the last page, so it should be easy to find it in the
1 English version as well.
2 Q. Would you please read the paragraph which begins with the words:
3 "Before the arrival of inspector Cedo Tosic ..."
4 Do you see that?
5 A. Yes.
6 Q. Read it, please.
7 A. Yes.
8 Q. You will agree with me that the inspectors from the Ministry of
9 Interior, by way of this document, request the exact numbers of both
10 regular police force and reserve force?
11 A. Yes.
12 Q. And in this paragraph, we can see why they need this: In order
13 to plan accurately the funds for payments.
14 Is that your interpretation too?
15 A. Probably.
16 Q. Yesterday I showed you a document of yours, in which you inform,
17 I think in October, that you established police stations of reserve
18 force. But in that document, you say that it wasn't easy to reduce the
19 number of reserve policemen down to the number requested by the ministry,
21 A. Yes.
22 Q. My question is: Was that number harmonised with the number
23 requested by the minister while you were chief of police?
24 A. I think so.
25 Q. Very well. I'll show you another document put to you by the
2 MR. CVIJETIC: [Interpretation] 65 ter 304.
3 It is P405 now, if that's easier.
23 [Private session]
23 [Open session]
24 THE REGISTRAR: We're back in open session, Your Honours.
25 [Trial Chamber confers]
1 JUDGE HARHOFF: Mr. Cvijetic, I was just asking about the
2 significance of the evidence that you just elicited with the last
3 documents and the witness.
4 What is the significance of the order to reduce the number of
5 police officers in the Doboj SJB? What's the impacts that you wish to
7 MR. CVIJETIC: [Interpretation] Your Honours, based on the
8 regulations of Republika Srpska, and also internal regulations of the
9 Ministry of the Interior, there is an established ratio between the
10 number of active and reserve policemen.
11 In the territory of Doboj
12 witness discussed, there was an enormous increase in the number of
13 reserve policemen. The Ministry of the Interior, following the arrival
14 of its inspectors in Doboj, requested that they abide by the ratio and
15 that they harmonise the number with the one required by the ministry.
16 This is one of the problems, on account of which the inspectors
17 intervened, and this was a criticism sent by the ministry both to the CSB
18 and to the SJB. Namely, that they didn't comply with the regulations of
19 the ministry by the deadline given to them.
20 JUDGE HARHOFF: And -- and what do you -- what's the point of
21 drawing this conclusion? What does this show in relation to the case
22 against your client?
23 Why is this relevant?
24 MR. CVIJETIC: [Interpretation] One of the reasons for removing
25 Mr. Petrovic from office was precisely that. When giving evidence about
1 this, he said that he accepted his share of responsibility, but he also
2 said that he wasn't the only one responsible for that kind of a situation
3 in Doboj. You must remember this evidence of his.
4 My other goal in doing this was that I wanted to show that the
5 ministry, as soon as it was physically able to reach Doboj, tried to
6 regulate the situation, both at the SJB and CSB, so that it would be in
7 compliance with the regulations.
8 JUDGE HARHOFF: As far as I am aware, this is not contested by
9 the Prosecution, is it?
10 MR. DEMIRDJIAN: No, Your Honours. And we don't see the link
11 with the crimes that are charged in the indictment either.
12 MR. CVIJETIC: [Interpretation] Your Honours, I have stated my
13 position. I simply wanted to show that the ministry, whenever it was in
14 the position to reach any part of the territory of Republika Srpska
15 attempted to ensure that the regulations of Republika Srpska and internal
16 regulations of the ministry concerning its organisational units, were
17 complied with.
18 JUDGE HARHOFF: I understand, Mr. Cvijetic, but I think it would
19 be useful to point out to you that there is a request to both parties in
20 this and other trials before this Tribunal, to focus, really, on the
21 evidence that is necessary and relevant to the cases that are tried
22 before us. And -- and this would be one instances where I would say, you
23 know, you shouldn't have taken up time to -- to deal with this issue. I
24 mean, it's really not necessary, it's not relevant, as far as can I see.
25 So here's one example of time that you could have saved and
1 focussed on something more relevant and directly useful to the trial.
2 Please proceed.
3 MR. DEMIRDJIAN: Your Honours, just before Mr. Cvijetic continues
4 could I ask the Court how much time Mr. Cvijetic plans on using, because
5 we have another witness waiting, and I plan on having re-examination of
6 somewhere between a half-hour and 45 minutes.
7 So it would be good to know for the purposes of the next witness,
9 MR. CVIJETIC: [Interpretation] Your Honours, I'm about to ask my
10 very last questions to this witness, and I will no longer discuss this
11 document. Then I'll finish with the witness.
12 Q. Mr. Petrovic, at the beginning of the war you said Doboj was
13 divided, right?
14 A. Yes.
15 Q. That division was made along ethnic lines, as it were,
16 considering the -- the -- the ethnic affiliation of the majority of the
17 population of a certain area, right?
18 A. Yes.
19 Q. Did that division from that period persist, and was it also
20 confirmed by the Dayton Peace Accord?
21 A. Apart from the town, which was inhabited by 30 per cent of Serbs
22 and 70 per cent of non-Serbs, the -- that is, Doboj south, Doboj east,
23 and the Usora municipality, were also so regulated by Dayton.
24 THE INTERPRETER: Could the witness please repeat his last
1 JUDGE HARHOFF: Mr. Petrovic, the interpreters didn't catch your
2 last sentence, so would you be good enough to repeat it. Thanks.
3 THE WITNESS: [Interpretation] As far as Doboj east is concerned
4 and Doboj south and Usora, the municipality of Usora
5 outskirts of town, and they remained in that framework. Whereas, the
6 town itself out of 35.000 inhabitant, 70 per cent were non-Serbs and 30
7 per cent were Serbs. Those 70 per cent left Doboj.
8 JUDGE HARHOFF: Thanks [Microphone not activated]
9 MR. CVIJETIC: [Interpretation]
10 Q. How many Dobojs are there now?
11 A. Doboj east, Doboj south, and the Usora municipality, half of
12 which belonged to Doboj, and the other half to Tesanj.
13 Q. That means that one municipality was split in four. Am I right?
14 A. Yes.
15 Q. Now my question is whether, in the territory of Doboj
16 remained part of Republika Srpska, to put it that way, was it
17 populated -- or has it been populated by Serb refugees from other areas,
18 especially Vlasic?
19 A. Yes.
20 Q. When did that happen? Right at the beginning of the war?
21 A. From before the war until 1995.
22 Q. Do you have information about the number of persons involved?
23 A. Roughly about 20.000.
24 Q. Thank you.
25 MR. CVIJETIC: [Interpretation] Your Honours, I have no more
2 JUDGE HALL: Is it still the position of counsel for Zupljanin
3 that they have no cross-examination --
4 MR. KRGOVIC: Yes, Your Honour, you're right.
5 JUDGE HALL: Thank you.
6 MR. DEMIRDJIAN: Yes, Your Honours, as I announced, I have about
7 half an hour to 45 minutes.
8 JUDGE HALL: Yes, you may begin [Microphone not activated].
9 MR. DEMIRDJIAN: Thank you.
10 Re-examination by Mr. Demirdjian:
11 Q. Good morning, Mr. Petrovic.
12 Yesterday you were shown the rules on the disciplinary
13 responsibility in the MUP. Do you remember that?
14 A. Yesterday? Yes, I remember. It was shown to me yesterday.
15 Q. And this was Exhibit 1D54.
16 MR. DEMIRDJIAN: If we could display it on the screen, please.
17 Q. And if you remember, the Defence read to you a number of articles
18 from those disciplinary rules.
19 Now --
20 MR. DEMIRDJIAN: Mr. Cvijetic is on his feet.
21 Q. From what I remember, you were shown a number of articles. 1, 2,
22 3, and 4, et cetera.
23 MR. DEMIRDJIAN: If we can go to page 7 in the English version
24 and page 4 in the B/C/S version, please.
25 Q. Now, these questions were put to you in relation to your
1 dismissal, and one article that was not shown to you was Article 8. If
2 you could take a few seconds to read that article.
3 And for the record, this article says that:
4 "In order for a request to initiate a procedure to establish
5 disciplinary responsibility for serious violations of work duty to be
6 filed, the worker must be questioned and other evidence obtained?"
7 Do you see that, Mr. Petrovic?
8 A. Yes, I do.
9 Q. Going back to 1992, were you ever questioned?
10 A. No.
11 Q. Can you look at the next article, which is Article 9.
12 MR. DEMIRDJIAN: And we will need to go to the next page in the
13 English version.
14 Q. You can see Article 9 on the screen, Mr. Petrovic. And it says:
15 "A request to initiate disciplinary procedures shall be delivered to the
17 Was anything of that sort delivered to you?
18 A. No.
19 Q. And from the beginning of 1992 until you heard of this meeting in
20 October 1992, did you receive any warning, whether written or verbal,
21 about your performance as a SJB chief?
22 A. No.
23 Q. I'm done with that document. We can put it away.
24 Let me ask you, Mr. Petrovic: In the Ministry of Interior, who
25 is responsible for the appointment of CSB chiefs and SJB chiefs?
1 A. The chief of the centre makes a proposal to the minister also for
2 removal. And the minister makes a decision about either removal or
4 Q. Now, yesterday at page 9916 the Defence put to you that you were
5 not removed by the minister. And we saw the document of the 18th of
6 January, 1993, which came from the minister.
7 Now, did that document effectively remove you from your position?
8 A. I stand by my position, that a meeting was held with -- at
9 General Lisica's office in September, and I saw the document in
10 October 1992.
11 Last year, in September, I saw a document, a proposal, by the
12 chief of the centre to -- to the minister that I be removed as -- stating
13 that I didn't introduce order but not mentioning that I did not downsize
14 the police. And the third item, I believe, was that I protected staff of
15 Muslim ethnicity. Muslims. And I heard that those people were
16 subsequently dismissed from the SJB.
17 As soon as I get that document, I'll give it to the Prosecutor,
18 because it was only shown to me last year in September.
19 MR. DEMIRDJIAN: In relation to this, could we show Exhibit P625
20 which is the annual report of the RS MUP for the year 1992.
21 Q. Now, Mr. Petrovic, you haven't seen -- you probably have not seen
22 this document before. But I would like you --
23 MR. DEMIRDJIAN: I would like us to go to page 38 in the B/C/S
24 version, which is page 27 in the English version.
25 Q. Sir, do you see the section 4, which is: Organisation,
1 et cetera?
2 A. Yes, I do.
3 Q. And can you look at the third paragraph, which starts with the
5 "In implementing personnel policies, the starting points were
6 primarily Serbian patriotism and professionalism ..."
7 Do you see that?
8 A. Yes.
9 Q. Can you comment on this, in the light of what you told us about
10 the way you were removed from your position?
11 MR. CVIJETIC: [Interpretation] Your Honours, the witness knows
12 nothing about the document and still is required to comment and speculate
13 on who had what on their minds when writing this sentence. And, anyway,
14 this is something I never dealt with in my cross-examination.
15 JUDGE HALL: Mr. Demirdjian, in the same way that I queried
16 Mr. Cvijetic's dealing with a number of documents which speak for
17 themselves and questioning the utility of asking a witness don't you
18 agree that the document says, what -- well, there are two objections that
19 Mr. Cvijetic has raised. One is this doesn't come out of
20 cross-examination and that the -- whether the witness is capable of even
21 commenting on this. How does that assist -- how does the first
22 objection -- the first question is: How does it assist us, and in any
23 event, does this arise out of cross-examination.
24 MR. DEMIRDJIAN: In relation to the first part of the objection,
25 yes, it does. I believe Mr. Cvijetic challenged the witness on the
1 reasons of his removal.
2 As for part two, this is the annual report of the RS MUP, an
3 organisation to which the witness belonged in 1992, and it describes the
4 policy of how personnel matters were resolved in 1992, and here is a
5 witness who can talk about the way he was removed.
6 I will not dwell on this document too long, Your Honours. I just
7 want him to comment as to the policy within the RS MUP, to which he was a
8 subject of.
9 JUDGE HALL: Yes, you may ask that question directly. Because
10 you need his reaction to this -- notwithstanding the statement that
11 appears, yes.
12 MR. DEMIRDJIAN: Yes, I understand, Your Honours.
13 Q. Mr. Petrovic, let me repeat my question then.
14 What is your comment, in light of what you told us, about the way
15 you were removed?
16 A. I can say that a man who wanted to help Muslims, in this
17 particular case, to preserve regular conditions would face problems.
18 Serbs were expelled from the Federation and -- but the innocent
19 population who responded to mobilisation calls and anyone who hadn't done
20 anything shouldn't fear any consequences. But as time passed, I noticed
21 that there was a certain mistrust toward myself, and it became ever
22 clearer that I would be removed. And this would also have been a reason
23 why these meetings were held in secret. They could have invited me from
24 October on.
25 Q. I'd like to move on to --
1 JUDGE HALL: It is --
2 MR. DEMIRDJIAN: Yes.
3 JUDGE HALL: -- time for the break. So we would resume in 20
5 I think you indicated you had about a half-hour with this
6 witness, so I suppose you would go for another 20 minutes when we resume.
7 MR. DEMIRDJIAN: Roughly speaking, yes.
8 JUDGE HALL: Yes.
9 [The witness stands down]
10 --- Recess taken at 12.07 p.m.
11 --- On resuming at 12.38 p.m.
12 [Trial Chamber confers]
13 [The witness takes the stand]
14 MR. DEMIRDJIAN: May I continue, Your Honours?
15 JUDGE HALL: Yes, please.
16 MR. DEMIRDJIAN: Thank you.
17 Q. Mr. Petrovic, I'd like to ask you a few questions about that
18 issue of paramilitaries. And specifically at page 9923 of yesterday's
19 transcript it was put to you by the Defence that the police had nothing
20 to do with the paramilitary units.
21 Now, this may have been your case, but can you remind us what you
22 told us about the relationship between the CSB chief and the head of the
23 Red Berets?
24 A. Well, I think that they were not confronted.
25 Q. And can you expand on that? Have you seen them interacting with
1 each other?
2 A. Yes, I did. And I think that they were on good terms. The
3 assistant chief, Milos Savic, was issuing orders to a platoon of the Red
4 Berets, so I assumed that they knew each other and that they could
5 control them. That's what I understood.
6 Q. Now, the issue of payrolls was brought up, and this was at page
7 9925 yesterday, and the Defence put to you that the fact that the Red
8 Berets were on the payroll of the CSB didn't give them the status of
9 authorised officials.
10 Do you remember that part of your examination yesterday?
11 A. Yes.
12 Q. And then you were asked whether the Crisis Staff condoned the
13 payment of salaries and whether they approved the funds for the salaries.
14 Now, can you explain to us the relationship, first of all,
15 between the police and the Crisis Staff?
16 A. Well, I think that, as far as the -- the requests by the police
17 are concerned, the Crisis Staff approved the funds requested by the CSB
18 and the SJB, as far as the funds are concerned. And probably also the
20 Q. And just to be clear on this, the CSB, you just said, or SJB,
21 requests the funds and those are approved by the Crisis Staff. Is that
22 how it worked?
23 A. Yes.
24 Q. I'd like to move to another topic, which was the issue of
25 measures against perpetrators. Than was at page 9927 yesterday.
1 And it was put to you whether you were capable to stand up to
2 these men, and by "these men" we were talking about the perpetrators and
3 whether you were able to prevent their activities. And to that question,
4 in that context yesterday, you said no.
5 Now, on Monday, at page 9899, you said the following:
6 "I think that we had a different approach to work. Before the
7 war, I was a policeman; whereas, Andrija Bjelosevic was not. In my view,
8 what was require was more discipline and more work, and I believe that we
9 were capable of doing the job."
10 Do you still stand by these words?
11 A. Well, I still think that as soon as we noticed what the situation
12 was like and that there were paramilitary units, that it was necessary to
13 go through the chief of the centre all the way up and intervene to have
14 those people removed from Doboj, or through the army.
15 Anyway, something had to be done at a higher level to prevent
17 Q. It was also put to you on that same page that Doboj was on some
18 sort of a siege from within and that the police did not have room for any
19 sort of ordinary police work.
20 You remember that was put to you yesterday?
21 A. Well, yes, because there were more and more units daily because
22 of the corridor, and there were a great many of them. So you were no
23 longer able to tell who was who and which units these were.
24 Q. Yes. And what I wanted to focus was on the "ordinary police
1 If you remember, on Monday, I showed you a criminal report which
2 was admitted as P1300. It was a criminal report against 30 Muslims and
3 Croats. Do you remember that document?
4 A. Yes, I do.
5 Q. Now, this is not the only one that was out there. I showed you
6 one example of it. Could you confirm to the Trial Chamber that there
7 were many more of the same?
8 A. There were.
9 MR. DEMIRDJIAN: Your Honours, at this stage I don't plan on
10 showing all these examples. We have one, and the witness has confirmed
11 that there are.
12 Q. So, therefore, you do agree with the position by which the police
13 did not have room for ordinary police work is incorrect. Would you agree
14 with that?
15 A. Well, there were few policemen. It was very difficult for police
16 to work under those circumstances and with that type of organisation when
17 they had a combat detachment. It was difficult to do all that.
18 Q. Well, following this suggestion by the Defence it was put to you
19 that your police force was reduced and you said that you were left with
20 20 people.
21 Now, on Monday, you remember, I showed you the SJB payroll for
22 the month of May. And on that payroll, we could see roughly 60 staff
23 members. If you want, we can display that document; it was P1339.
24 Now, these 60 staff members, did they work at the police station?
25 A. Well, no. Most likely this list was made immediately after the
1 3rd of May, when it was determined who the active policemen were.
2 Immediately after the 5th of May, these active policemen were assigned to
3 these different copies that were established.
4 So they did not exist separately as a unit. No, this is just a
5 list of active policemen, 100 policemen who worked as policemen before
6 the war and remained on active duty.
7 Q. Now you told us a moment ago that this was brought up to the CSB
8 chief and probably went up higher up. When you told us that you were
9 capable to do the job, what did you mean by that? What could have been
11 A. Well, I believed that if there were Red Berets, that they must
12 have belonged to somebody, and the story was that it -- they belonged to
14 request that, because initially, I expected them, being a special unit of
15 the MUP of Serbia, to help establish law and order. That was my
16 impression. There was no paper. And if it were the members of the army
17 who did that, then the Army of Republika Srpska at the level of the corps
18 or some other level, would have intervened and removed those people from
19 the area.
20 Q. I'd like to move on to the issue of the Crisis Staff orders.
21 You were shown a document by the Defence, which is Exhibit 1D259,
22 by which, if you remember, you were tasked by the Crisis Staff to ensure
23 that their decisions were implemented.
24 Do you remember that document?
25 A. I remember the document. But one of the documents has no
1 signature or seal. Well, this one does. But the next one doesn't have
2 either the signature or the seal.
3 Q. Now, first of all, I want to ask you about -- a question of daily
4 management of -- of work in the municipality. Even in time of peace,
5 would the chief of police attend meetings or report to the head of the
7 A. Well, if this involved problems from the domain of public
8 security, then, naturally, yes, they would call -- the leaders of the
9 municipality would call people from the public security station.
10 Q. Now, in this case, you find yourself in a situation of immediate
11 threat of war and a Crisis Staff is in place. How does that affect you
12 submitting reports along your chain of command?
13 A. Well, in this hierarchy, there was Commander Stankovic, who was
14 the commander of the city defence. There was the Crisis Staff and the
15 chief of the centre.
16 Therefore, the detachment was deployed and subordinated to the
17 army, because they claimed that they were at the defence positions. So
18 this decision is something that resembles a political document, because
19 they don't really say who is supposed to do this. There is a station,
20 which is a generic term, and then there is a detachment of 300 people who
21 is on the defence positions.
22 Q. And what I'm trying to get at is, does this document, or did this
23 document obstruct you from reporting along your chain of command?
24 A. Well, I don't know. I don't remember, but they should have
25 informed, and I think that they did keep abreast the chief of the centre,
1 the Crisis Staff, and Commander Stankovic about this, that they all knew
2 of it.
3 Q. Very well. I'll move to another topic.
4 The issue of subordination was raised with you yesterday.
5 MR. DEMIRDJIAN: And if we could display 1D0046, please. I'm
6 sorry, that is Exhibit 1D46.
7 Q. This is an order of the 15th of May issued by the Ministry of
8 Interior. And I would like us to go to paragraph 7, which is on the next
10 Now if you look at paragraph 7 --
11 MR. DEMIRDJIAN: Yes.
12 MR. CVIJETIC: [Interpretation] Your Honours, I apologise. This
13 document was not put to the witness either in-chief or in cross. It
14 wasn't even a topic discussed.
15 So if it is brought in now, we will have to re-examine the
16 witness. The Prosecution did announce this document but then they didn't
17 use it in their examination-in-chief.
18 MR. DEMIRDJIAN: Your Honours, this comes directly out of the
19 cross-examination of the Defence in relation to the subordination of
20 police units during combat activity. This -- this -- this topic was
21 hashed over and over yesterday. And I wish to show him what the MUP
22 orders were about this very topic.
23 JUDGE HALL: Yes.
24 MR. DEMIRDJIAN:
25 Q. Mr. Petrovic, did you have time to look at paragraph 7?
1 A. Yes.
2 Q. [Previous translation continues] ... and do you see the third
3 subsection in paragraph 7 which says that:
4 "While participating in combat operations, the units of the
5 ministry shall be subordinated to the command of the armed forces;
6 however, the ministry units shall be under the direct command of certain
7 ministry officials?"
8 Do you see that paragraph?
9 A. Yes.
10 Q. This deals with combat operations. Can you explain to the Trial
11 Chamber happens to policemen when they come back from combat operations
12 and they are in the town of Doboj
14 A. Well, as a company -- or, rather, they were either subordinated
15 in that way or as detachments on special assignments say, breakthrough of
16 the corridor, and upon completing their assignments, they would go back
17 to their original location. Say Company 405 was headquartered in a
18 certain village, so they would go back to that village. And then -- so I
19 explained that this was due to the fact that the demarcation line was so
20 close by.
21 Q. Maybe to clarify this topic a little bit, we know that there are
22 policemen left in the town of Doboj
23 A. Yes.
24 Q. These policemen, while they were in town, who were they
25 subordinated to?
1 A. Well, in town itself, there was a company. The commander of that
2 company was, in this particular case, Zoran Djeric. The headquarters of
3 that company was at the station, and it used to be called the reserve
4 station. So he was at the station. One company had its headquarters,
5 had its seat at the public security station and the senior officers of
6 the detachment.
7 Q. And with regard to the inspectors and other policemen we see
8 drafting those criminal reports we saw earlier yesterday, who are they
9 reporting to while they're doing their normal duties?
10 A. If they were from the station, the crime investigation service
11 would send its report to the crime investigation service of the centre
12 and they, in turn, would send it up higher, at the level of Republika
14 Q. You were asked questions about the report of the activities of
15 the Doboj police detachment. This was P1345.
16 MR. DEMIRDJIAN: If we can display that document, please.
17 Q. Now, if you remember that document, as it is coming up,
18 Mr. Petrovic, you remember that today it was put to you that this
19 detachment was not necessarily reporting to the police, if you remember
20 that line of questioning this morning.
21 MR. DEMIRDJIAN: If we can go up to the top part of the first
22 page in the B/C/S version. Unfortunately, the stamp is not very legible.
23 But, Your Honours, we pulled out the original from the vault here, and I
24 would like this document to be shown to the witness.
25 Perhaps if it could be shown to Your Honours first, and then to
1 the Defence, and then to the witness.
2 There's a stamp on the cover page and on the last page.
3 I see Mr. Cvijetic on his feet. Could the document be put to the
4 witness in the meantime.
5 MR. CVIJETIC: [Interpretation] Your Honours, I think we're
6 dealing with something that is not contentious. This document was
7 certified with the seal of the centre. So that is not at issue.
8 What is at issue is what I discussed with the witness and which
9 stems from the conclusions of this document that this was sent to the
10 municipal organs and that the help was requested.
11 So that was the focus of my examination, not the form of the
12 document, signature, seal, et cetera.
13 MR. DEMIRDJIAN: Very well. Maybe if we can just ask the witness
14 if he can see what is the stamp on the -- on the cover page.
15 Q. Which unit is that from?
16 MR. DEMIRDJIAN: Because it is in Cyrillic, and it is not visible
17 in English.
18 Q. So whose stamp is that?
19 A. The centre of public security. I think that this document was
20 sent not just to the municipality but to MUP as well. I can't believe
21 that it was sent to municipality only.
22 Q. Thank you.
23 MR. DEMIRDJIAN: That's all I have for this document. Your
24 Honours, we are going scan the document again in colour to have a better
25 copy of the stamps.
1 Q. Mr. Petrovic, this morning, it was put to you that the atmosphere
2 in Doboj made it possible for crimes to be committed. This was in
3 today's transcript at page 26.
4 Do you remember that?
5 A. I don't remember.
6 MR. DEMIRDJIAN: Let's just go back up to page 26. Just a
8 Q. Today, this morning, Mr. Cvijetic asked you that in the course of
9 questions put to you, the investigation of crimes, which took place in
10 the territory under the jurisdiction of your centre -- well, about which
11 you will agree with me that the atmosphere which persisted in Doboj was
12 suitable for commission of various crimes, including the gravest one, to
13 which you answered yes.
14 And then Mr. Cvijetic said that there was an enormous jump in the
15 number of crimes, and you answered yes.
16 And then he put to you that the aggravating factor was that the
17 perpetrators' identity, identification of the perpetrators was
18 problematic because people stayed briefly and then they left. Do you
19 remember that?
20 A. I remember.
21 Q. [Previous translation continues] ... can you remind us, to your
22 knowledge, when did the Red Berets arrive in Doboj?
23 A. The town itself or Ozren mount? They came in mid-April to
24 Mount Ozren
25 Q. And we saw that you had sent a report in August about the Red
1 Berets. Can you tell us until when did the Red Berets remain in the
2 municipality of Doboj?
3 A. They remained until mid-July of 1992.
4 Q. Very well. The last topic that I want to cover with you very
5 quickly is the issue of communications.
6 A report was shown to you this morning which covered the period
7 of 30th of July until the 30th of September, if you remember.
8 A. Yes.
9 MR. DEMIRDJIAN: [Previous translation continues] ... and maybe
10 if we could just display that document. It was 65 ter 68. I don't
11 believe that it was admitted.
12 Q. Now, sir, in answering questions to Mr. Cvijetic you said that
13 you knew that there were problems of communication.
14 Now, first of all, this report does not say anything about the
15 period prior to the 30th of July, 1992; is that right?
16 A. Yes.
17 Q. And as far as we can see, the police did not remain idle. They
18 attempted to establish lines of communications; is that right?
19 A. Yes.
20 Q. And isn't it a fact that you were able to communicate with
21 Banja Luka?
22 A. Yes.
23 Q. To your knowledge, if an urgent message was to be sent to the MUP
24 headquarters, would you have been able to forward this message through
25 the Banja Luka centre?
1 MR. CVIJETIC: [Interpretation] I apologise, Your Honours.
2 The witness is being asked to speculate whether it was possible
3 or not. I don't think it was formulated properly, the question.
4 MR. DEMIRDJIAN: I'm requesting the questions from his own
5 experience, asked was it possible.
6 [Defence counsel confer]
7 MR. CVIJETIC: [Interpretation] I think that the witness should
8 first be asked whether he was in Banja Luka and whether he is aware of
9 what the situation was in this regard. First, my learned friend needs to
10 lay the foundation for the question.
11 MR. DEMIRDJIAN: I don't believe the witness needs to be in
12 Banja Luka to know whether they can send documents through Banja Luka
13 If this [sic] function at the time he should be able to know that.
14 JUDGE HALL: Please proceed, Mr. Demirdjian.
15 MR. DEMIRDJIAN:
16 Q. Mr. Petrovic, do you remember the question?
17 A. Well, if it were the reports, we sent them to the centre. Now
18 whether the centre sent them via Banja Luka, I don't know. All I know is
19 that there this was unit from Banja Luka. That's all I know. Other than
20 that, I wasn't there, and I know nothing about how the chief of the
21 centre communicated with the MUP of Republika Srpska.
22 Q. Very well.
23 MR. DEMIRDJIAN: No further questions, Your Honours.
24 [Trial Chamber confers]
25 JUDGE HALL: Mr. Petrovic, we thank you for your assistance to
1 the Tribunal. Your testimony is now at an end, and you're released as a
2 witness, and we wish you a safe journey back to your home.
3 Thank you, sir.
4 [The witness withdrew]
5 MS. KORNER: Your Honour, maybe before the next witness comes in,
6 we have to go into closed session, but before we do that, could I just
7 raise the question of timing.
8 As Your Honours know, next week on Wednesday we have a videolink
9 witness so that's got to be fixed. And before that, we've got a witness
10 we've had enormous difficulty in getting here because of his professional
11 commitments. We have got two witnesses left this week. Can I simply
12 say, if we run over that, could we go into an extended session on Friday?
13 JUDGE HALL: We were alerted to this query, Ms. Korner, and I
14 understand that we can sit in an extended session tomorrow.
15 MS. KORNER: Fine. I'm sure that would be equally applicable
17 MR. ZECEVIC: Your Honours, I informed the -- our learned friends
18 from the Prosecution side about the next witness and the witness
20 Our estimation of the cross-examination of the coming witness,
21 the witness that will come at this point, was based -- because it was --
22 it was a viva voce witness, and it was based on the estimation of the
23 Prosecution that their examination-in-chief will last three hours. That
24 is why we said three hours for the cross. Now, when I discussed with
25 Ms. Korner and she -- she informed me that she wants to tender a
1 statement, as I recall official statement or something Official Note of
2 the witness, into evidence my -- my cross-examination of this witness is
3 going to be significantly shorter than -- than anticipated. As -- as --
4 of course, Ms. Korner indicated to us that her direct examination will be
5 45 minutes.
6 So, therefore.
7 JUDGE HALL: [Microphone not activated]
8 MR. ZECEVIC: Yeah. They might not be -- and I don't think that
9 we are going to have at least for Stanisic Defence, that is, we're not
10 going have an extensive cross-examination of the witness that comes after
11 as well.
12 So, therefore, I don't think that there would be any need for --
13 for extended sitting. Now that we are talking I must -- I must -- I must
14 raise another issue in relation to this. That is why I -- that is why I
15 stood up.
16 We have heard the complaints from our clients, both Mr. Stanisic
17 and Zupljanin, that the sitting or -- on a daily basis is creating some
18 problems for them, and we wanted to raise that with the Trial Chamber by
19 the end of this week so we can talk to them much more, but that was
20 the -- the -- the gist of the short conversation that we had in the
21 pause, and that is why I -- I thought that it should be -- I should alert
22 the Trial Chamber that there might not be a reason for extended sitting
23 tomorrow or, for that matter, Friday, and that -- that that -- that
24 particular concerns the accused as well, and we will raise the matter in
25 the course of this week.
1 JUDGE HARHOFF: Just to be sure that at least I understand
2 correctly what you were suggesting, do your clients, Mr. Stanisic and Mr.
3 Zupljanin, are they seeking to have sort of a regular time off?
4 MR. ZECEVIC: No.
5 JUDGE HARHOFF: To have a day free? I mean, what was the gist of
6 your suggestion?
7 MR. ZECEVIC: The gist of our conversation with our clients was
8 that our clients are experiencing fatigue out of the constant sitting in
9 the court, and they're experiencing some other problems which I was --
10 which, at this point, I'm not -- I'm not really -- I'm not really fully
11 aware what -- of its contents.
12 So I wanted to talk to -- to my client after that and inform the
13 Trial Chamber after -- after today's session and inform the Trial Chamber
15 Thank you.
16 JUDGE DELVOIE: About -- Mr. Zecevic, about the next witness,
17 your cross-examination time will be more or less how much?
18 MR. ZECEVIC: The next witness?
19 JUDGE DELVOIE: Yes, the next one.
20 MR. ZECEVIC: Well, less than one hour, I think.
21 JUDGE HALL: Less than one hour.
22 And for Mr. Zupljanin's Defence?
23 MR. KRGOVIC: One session for the next witness, Your Honour.
24 JUDGE HALL: One session.
25 MS. KORNER: [Microphone not activated] ... plus re-examination.
1 [Trial Chamber confers]
2 [Trial Chamber and Registrar confer]
3 [Trial Chamber and Legal Officer confer]
4 JUDGE HALL: Yes, I think that the prudent course would be to
5 hold tomorrow afternoon in reserve, and we would be able to assess the
6 position by the middle of tomorrow's sitting.
7 MS. KORNER: Your Honours, I agree. And that's what I was going
8 to suggest.
9 [Microphone not activated] ... Your Honours, can we go into
10 closed session.
11 [Trial Chamber and Registrar confer]
12 [Trial Chamber and Legal Officer confer]
13 JUDGE DELVOIE: Before taking a short break for technical
14 reasons, for this witness who has protective measures, there is one more
15 issue. On the 16th of April, 2010, the Prosecution filed eight motions
16 requesting permission to extend the examination-in-chief of eight
17 witnesses beyond the 20 minutes permitted for the examination-in-chief of
18 Rule 92 ter witnesses.
19 In each of the eight motions the Prosecution also makes a second
20 request to the effect that the Chamber "increases the time granted to the
21 Prosecution" by the additional time requested for each witness.
22 This decision is in relation to one of the eight witnesses
23 ST-191, who is scheduled to begin testifying next week and for whom --
25 MS. KORNER: Tomorrow [Microphone not activated]
1 JUDGE DELVOIE: Tomorrow indeed, and for whom the Prosecution
2 request an additional one hour and 40 minutes. The Chamber will request
3 the request and the other seven motions and the second request in
4 relation to ST-191 in a written decision.
5 The Prosecution submits that it needs "to explore the issue of
6 the replacement and reinstatement of the chief and commander" --
7 MS. KORNER: Your Honour, I have a feeling that tomorrow's
8 witness is closed session. And if Your Honours is going to -- to -- to
9 say something which would probably reveal his identity, perhaps we could
10 do that in private session.
11 JUDGE DELVOIE: I think we better go in private session. You're
12 right, Ms. Korner.
13 MS. KORNER: Thank you very much.
14 [Private session]
11 Page 10058 redacted. Private session.
7 [Closed session]
11 Pages 10060-10065 redacted. Closed session.
3 --- Whereupon the hearing adjourned at 1.54 p.m.
4 to be reconvened on Thursday, the 13th day of May,
5 2010, at 9.00 a.m.