Page 11598
1 Tuesday, 28 May 2013
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.38 a.m.
5 JUDGE ORIE: Good morning to everyone.
6 Madam Registrar, would you please call the case.
7 THE REGISTRAR: Good morning, Your Honours. This is case
8 IT-09-92-T, the Prosecutor versus Ratko Mladic.
9 JUDGE ORIE: Thank you, Madam Registrar. The Chamber was
10 informed, Mr. Lukic, that the Defence wanted to raise a matter. Not
11 necessarily in private session. I leave it to you.
12 MR. LUKIC: Thank you, Your Honour. I don't think that we need
13 to go to private session. Good morning, Your Honours.
14 You have issued an order scheduling an administrative hearing on
15 June the 3rd, 2013, to further discuss the Defence motion for a reduction
16 in the number of sitting trial days per week given the health conditions
17 of our client. Your Honours have invited the medical officer from the
18 UNDU to answer questions from Chambers and the parties. Respectfully,
19 for this to be a fair and complete inquest into the health of our clients
20 and to fairly determine the appropriate number of days per week that our
21 client's health permits him to sit, the Defence experts who examined him
22 and rendered their expert opinion should also be present to not only
23 answer questions but pose questions to the UNDU medical officer. In this
24 way, the proceedings will be meaningful and will fully and fairly address
25 the issue. Providing the Chamber with the necessary information and
Page 11599
1 creating a transparent and full record of the opinions of the medical
2 professionals best placed to advise the Chamber on the actual health of
3 the accused and what that means for his ability to follow and participate
4 in the proceedings in a safe manner. Thus, we would ask that the Chamber
5 extend an invitation to the Defence experts, Dr. Kovacevic and
6 Dr. Dimitrijevic such that we can then ask for the Registry to fund their
7 travel and participation in this hearing.
8 Additionally, we take note that the reduced sitting days that the
9 Chamber has ordered expire with the conclusion of the present week.
10 Given the grave concerns that we have as to the health of Mr. Mladic and
11 his ability to endure a five-day schedule, which has been recommended
12 against by both the Defence experts and UNDU medical staff, we would
13 request that a tentative and provisional schedule with the reduction to
14 four days of trial a week be put in place until the Chamber renders its
15 final decision. This would preserve the health of our client and address
16 the concerns of the doctors and would thus be a safe, preventive measure
17 that is reasonable under the circumstances.
18 We thank you for your time and consideration. Thank you, Your
19 Honours.
20 JUDGE ORIE: Thank you, Mr. Lukic. We will certainly consider
21 this matter and -- but I -- but of course not after we have heard whether
22 the Prosecution has any observations in respect of either the substance
23 or the procedural aspect which was raised primarily by Mr. Lukic.
24 MR. GROOME: Thank you, Your Honour. First I would correct -- I
25 believe the -- to correct Mr. Lukic, I believe the hearing has been
Page 11600
1 scheduled for the 4th of June and not the 3rd of June. Secondly, the
2 Prosecution has no objection to the Chamber hearing from whatever expert
3 or whatever source of information it deems necessary to make the best
4 decision on the application. I would ask the Chamber and Mr. Lukic to
5 consider, given the significant expense of flying these people -- these
6 doctors to The Hague, whether or not it would be suitable to have them
7 participate via videolink from the Belgrade field office. It might be
8 more convenient for them, easier to schedule, and obviously far less
9 expensive to the Tribunal.
10 With respect to the June schedule, again, the Prosecution takes
11 no position on the Chamber's scheduling of court hearings but I do note,
12 as did I in the last witness schedule that was provided at the end of
13 last week, that based upon the Chamber's instruction, I believe on the
14 16th of May, that we would be sitting five days a week, the Prosecution
15 has scheduled witnesses for June. Of course, if it's medically necessary
16 that we do not sit five days, the Prosecution will do whatever is
17 necessary to reorder the schedule, but as noted in that notification, one
18 witness is being coordinated with an appearance of the same witness in
19 another Chamber -- in another Chamber and there are other certain
20 complications that went into formulating the schedule for June, so the
21 Prosecution would simply ask the Chamber to have all of that in mind and
22 strike the best balance. Thank you, Your Honour.
23 JUDGE ORIE: Thank you, Mr. Groome. We will further consider
24 this matter and will let you know as soon as possible.
25 Before we start with the first witness, I would like to briefly
Page 11601
1 move into private session.
2 [Private session]
3 (redacted)
4 (redacted)
5 (redacted)
6 (redacted)
7 (redacted)
8 (redacted)
9 (redacted)
10 (redacted)
11 (redacted)
12 (redacted)
13 (redacted)
14 (redacted)
15 (redacted)
16 (redacted)
17 (redacted)
18 (redacted)
19 (redacted)
20 (redacted)
21 (redacted)
22 (redacted)
23 (redacted)
24 [Open session]
25 THE REGISTRAR: We are in open session, Your Honours.
Page 11602
1 JUDGE ORIE: Thank you, Madam Registrar.
2 Mr. Lukic, the estimate was another 30 minutes for the
3 cross-examination of Mr. Ruez.
4 MR. LUKIC: Yes, Your Honour. Probably less.
5 JUDGE ORIE: Probably less. We'll see.
6 [The witness entered court]
7 WITNESS: JEAN-RENE RUEZ [Resumed]
8 JUDGE ORIE: Bonjour, Mr. Ruez. [French spoken - no
9 interpretation].
10 [In English] I see that there is no translation. I'll try to say
11 the same now in English. That is we welcome you again, you're still
12 bound by your solemn declaration you've given at the beginning of your
13 testimony. And did I say anything else? No, I don't think I did.
14 Mr. Lukic will now continue his cross-examination. Mr. Lukic,
15 you may proceed.
16 MR. LUKIC: Thank you, Your Honour.
17 Cross-examination by Mr. Lukic: [Continued]
18 Q. [Interpretation] Good morning, Mr. Ruez.
19 A. Good morning.
20 Q. This will probably be the last day of your odyssey called the
21 Tribunal. I doubt there will be another opportunity for you to testify,
22 and I will not bother you too much this morning. I have only a few
23 questions left.
24 A. I stay at your disposal.
25 Q. I wanted to ask you something about the AID of which you are --
Page 11603
1 you are familiar with it, aren't you? It is the agency for research and
2 documentation, correct?
3 A. I think the name was Agency for Investigation and Documentation,
4 but I might be wrong. Anyhow we speak about the same --
5 Q. [In English] Yes. [Interpretation] What was your understanding?
6 Was it the agency of a single people in Bosnia-Herzegovina or was it the
7 agency of all three peoples in Bosnia-Herzegovina?
8 A. I don't know -- I don't know really. I don't know if it existed
9 before the war or if it was a creation during the war, but the only
10 contacts I had with AID was AID in Tuzla.
11 MR. LUKIC: [Interpretation] Could we please have 1D858 in
12 e-court?
13 Q. It is your testimony dated the 15th of September, 2006, in the
14 Popovic case.
15 MR. LUKIC: [Interpretation] We need page 54 in e-court which
16 should correspond to page 1732 of the transcript.
17 Q. In lines 13 through 20, you were asked, I'll read it out in
18 English.
19 "[In English] Q. Now, you mentioned earlier that AID is a form
20 of secret service, correct?
21 "A. It's the so-called.
22 "Q. For who, though?
23 "A. For the people in Bosnia, that's how I name this service.
24 "Q. The Bosnian Serbs, the Bosnian Croats, or the Bosnian
25 Muslims?
Page 11604
1 "A. I would think for everyone."
2 [Interpretation] My question is: Did the AID representatives
3 introduce themselves as representatives of all three peoples or was it
4 your conclusion or did someone tell you that?
5 A. It's a good example that memory is fading but, again, the only
6 contacts I had with AID was in Tuzla so for Bosnia.
7 Q. [In English] For Bosniaks or --
8 A. Bosniaks. Well, I mean -- yeah, for Bosniaks.
9 Q. Okay.
10 JUDGE MOLOTO: Sorry, I just want to understand. Mr. Witness,
11 what do you mean by Bosniaks?
12 THE WITNESS: I mean not for the Croats or the Serbs. I don't
13 know if there was any AID in Banja Luka or in Pale. I had no contact
14 with them, nor in Zagreb. The only AID people I did meet during the time
15 of investigation was AID Tuzla.
16 MR. LUKIC: May I proceed, Your Honour?
17 JUDGE ORIE: Yes, of course.
18 MR. LUKIC: Thank you.
19 Q. [Interpretation] In the course of your work, did you come across
20 a piece of information that the Muslim authorities in Sarajevo, as early
21 as the 11th of July, 1995, informed of a genocide having been committed
22 in Srebrenica?
23 A. No, but, again, you know, as I said at the very beginning, the
24 preliminary stage of the investigation was to check a rumour, a press
25 rumour, about this. So if as soon as July 1995 authorities in Sarajevo
Page 11605
1 named the events of Srebrenica a genocide as part of the war propaganda,
2 I would think, as we know, before this name could be used we had to wait
3 until the end of the trial of General Krstic.
4 Q. In the course of your work, be it through witness conversations
5 or in documents, did you find any kind of trace or indication of the
6 involvement of Muslim authorities in the killing of their own population
7 in July 1995 in Srebrenica?
8 A. No.
9 Q. In the course of your work, did you come across any evidence or
10 trace of murders committed by members of the Army of Bosnia-Herzegovina,
11 during the movement of the column?
12 A. No.
13 Q. Did you ever speak to Hakija Meholjic? He was the chief of
14 police in Srebrenica, correct? Actually, are you aware that
15 Hakija Meholjic was the chief of police in Srebrenica during the time of
16 war?
17 A. No. And no, the name doesn't sound familiar to me at all, and I
18 don't think I interviewed this man, since the investigation I was in
19 charge of was on events following the 11 of July and not before, so
20 I never investigated what might have happened inside Srebrenica, between
21 1992 and 1995.
22 Q. My question was whether you talked to him, but obviously the name
23 doesn't ring a bell. I wanted to know whether you discussed with him the
24 murders during the movement of the column.
25 A. No, I didn't.
Page 11606
1 Q. Okay. Did you ask from the French authorities to provide any
2 kind of information as regards the events after the fall of Srebrenica?
3 A. No, I didn't.
4 Q. At the time, the head of the UNPROFOR protection forces was the
5 French General Janvier, correct?
6 A. Yes, correct.
7 Q. Did you talk to him?
8 A. No, I didn't.
9 Q. Did you know that at the time, there were French troops in the
10 area close to the area of the Zvornik Brigade?
11 A. No, I didn't know that there were any French troops in the
12 Republika Srpska at the time of the events, and I don't believe there
13 were any.
14 Q. Did you know that some elements of the UNPROFOR intelligence
15 service went to Zvornik?
16 A. Indeed, yes, that's another thing. You were talking about
17 troops, sorry, misunderstanding.
18 Q. [In English] Probably my question was wrongly posed.
19 A. No, now I -- indeed now I remember. Yes, the answer is yes.
20 Q. [Interpretation] Did you investigate news rumours to the effect
21 that foreign services were partially involved in the killings of
22 Srebrenica Muslims at the time?
23 A. No, because when rumours get so close to fantasy, I didn't have
24 time to lose on this topic.
25 Q. As for the people who came to exhume the bodies, did you provide
Page 11607
1 them with instructions in terms of what were -- what their duties were,
2 and what the purpose of the mission was? In other words, what it was
3 that they were expected to do?
4 A. No. All the technical aspects of their work was determined by
5 the chief of exhumations. So in 1996, Professor Haglund, and later on,
6 Professor Wright. I never gave any instructions to these people in a
7 scientific field I do not master. The reality is also that at the very
8 beginning, the expectation was to be able to identify by name, at least,
9 one or two persons in the grave, make sure that at least indications were
10 found to determine from where they were coming from, but later, the
11 science enabled to go far above this little objective, since when DNA was
12 used for these purposes.
13 Q. Mr. Ruez, thank you very much for answering my questions. These
14 are all the questions that we had for you, and our apologies for bringing
15 you back for just this brief questioning, and thank you very much again
16 for complying with our request.
17 JUDGE ORIE: Thank you, Mr. Lukic.
18 MR. LUKIC: Thank you.
19 JUDGE ORIE: Have the questions in cross-examination triggered
20 any need for further examination, Mr. McCloskey?
21 MR. McCLOSKEY: Yes, Mr. President, briefly on one area.
22 JUDGE ORIE: Please proceed.
23 Re-examination by Mr. McCloskey:
24 Q. Good morning, Mr. Ruez.
25 A. Good morning, Mr. McCloskey.
Page 11608
1 Q. You're not quite off the hook yet but soon.
2 On the 26th of April this year, at page 10463, Mr. Lukic asked
3 you if you ruled out the possibility that the mass graves contained
4 battle casualties. And you answered that on line 16, and you said:
5 "I rule it out for three reasons. The geographic region of the
6 graves we exposed, the dates in connection with the records of the
7 Engineer Battalion of the Zvornik Brigade, and because of all these
8 forensic elements."
9 Just -- and very briefly, without going into any detailed
10 explanations, what were you referring to when you said, "the geographic
11 regions of the graves we exposed"?
12 A. Simply by looking at a map, most of them are quite at a distance
13 of any -- of a confrontation line, so it would make absolutely no sense
14 to transport battle casualties for -- on such a long distance. The logic
15 would be that battle casualties would be more or less buried on the spot
16 or nearby the location they have been collected.
17 Q. All right. And we've got maps so I think we'll stop there.
18 And you've already referred to the forensic elements, Dr. Wright
19 and folks, so I won't ask about that. But this second point, connection
20 with the records of the Engineering Battalion of the Zvornik Brigade.
21 Did your investigation retrieve original records of the Zvornik Brigade
22 Engineering Battalion?
23 A. Yes. There were two simultaneous searches conducted on the
24 Bratunac Brigade and on the Zvornik Brigade. I was present on the search
25 at the Bratunac Brigade, but others did the same thing at the same moment
Page 11609
1 at the Zvornik Brigade, where these engineer records were found and
2 confiscated.
3 Q. All right. Let's go to Exhibit 65 ter 04279, and we'll test your
4 memory some more. And let's look at this document on the right, it says,
5 "Military post Zvornik, vehicle work log." We see it's for July 1995.
6 And we see that it's for a vehicle called a "rovokopac" which is
7 translated as "backhoe excavator." And we see that the name of the
8 driver user we see a Ristanovic and a Mitrovic.
9 MR. McCLOSKEY: Can we go to the next page in both documents?
10 THE REGISTRAR: Your Honours, it's only a one-page document.
11 MR. McCLOSKEY: I can guarantee, after many years of this, that
12 there is another page.
13 JUDGE ORIE: Well, the question is not whether there is another
14 page but whether it's in e-court, Mr. McCloskey.
15 MR. McCLOSKEY: Ms. Stewart just informed me of that at the same
16 time you did, Your Honour. And I apologise about that. I'm not sure why
17 a complete document didn't get in but it will -- I'm -- hopefully we will
18 be able to see that soon.
19 Q. And now to test your memory, Mr. Ruez, do you recall that -- did
20 the -- these documents note the locations where the machines were
21 working?
22 A. Yes, they did.
23 Q. All right. And is this one of the engineering records you were
24 referring to?
25 A. Yes, for sure, 14 July, most certainly is Orahovac.
Page 11610
1 Q. All right.
2 MR. McCLOSKEY: And I do have the document which we could put on
3 the ELMO, Mr. President, if -- I apologise for that.
4 Okay. Thank you. If we could move this over a little bit more
5 to the right so we can see the date, there we go. We see that this
6 excavator is noted at 14 July, the base Orahovac and return, trench
7 digging, and can we kick it over to the left now so we can see how many
8 hours, six, six hours.
9 Q. And so, yes, your memory was good. This is Orahovac. So is this
10 one of the things you used when you mentioned engineering records?
11 A. Yes, absolutely.
12 Q. All right.
13 MR. McCLOSKEY: And if we could go back to the front page and
14 briefly go into private session.
15 JUDGE ORIE: We move into private session.
16 [Private session]
17 (redacted)
18 (redacted)
19 (redacted)
20 (redacted)
21 (redacted)
22 (redacted)
23 (redacted)
24 (redacted)
25 (redacted)
Page 11611
1 (redacted)
2 (redacted)
3 (redacted)
4 (redacted)
5 (redacted)
6 (redacted)
7 (redacted)
8 (redacted)
9 [Open session]
10 MR. McCLOSKEY: And if we could now go to Exhibit 65 ter 5240.
11 THE REGISTRAR: We are in open session, Your Honours.
12 JUDGE ORIE: Thank you, Madam Registrar.
13 MR. McCLOSKEY:
14 Q. And again we are going to go back into your memory. Do you
15 remember a man named Mevludin Oric?
16 A. Yes, I do.
17 Q. And if we could get this -- it's just one drawing. And we see
18 his name up in the left-hand corner. Does this drawing ring any bells to
19 you? Do you recall Mevludin Oric making a drawing?
20 A. I saw the drawing, but I was not the one who interviewed
21 Mevludin. I think Mevludin Oric was interviewed by Sue Castro.
22 Q. All right. And do you recall what these were supposed to depict?
23 A. Yes. They depicted heavy equipment that he saw on the execution
24 site, and if I remember well, execution took also place in the evening at
25 the light of these machines, and the, in bracket, trench was already dug
Page 11612
1 at the same time the execution was ongoing.
2 MR. McCLOSKEY: Okay. I would offer this exhibit into evidence.
3 JUDGE ORIE: Madam Registrar?
4 THE REGISTRAR: Document 5240 receives number P1487,
5 Your Honours.
6 JUDGE ORIE: And is admitted into evidence.
7 MR. McCLOSKEY: And I would recall our attention to some -- one
8 of the machines on the right is called a ULT. And it's spelled out just
9 for our memory.
10 And so could we now go to another document, 65 ter 04281.
11 Q. Here we see another one of these vehicle work logs, and this time
12 it's for a ULT 220. I see it's translated as "backhoe excavator." It
13 should not be "backhoe." I apologise. That's not a proper translation.
14 Is this another one of the documents you referred to in answering
15 Mr. Lukic's question?
16 A. Yes, it is.
17 JUDGE ORIE: Mr. McCloskey, of course I believe that you are a
18 master of all the translations but if you have any doubt as to the
19 translation of this document, provide for a better one. That would be my
20 simple --
21 MR. McCLOSKEY: Yes, it's something I just noticed. I've --
22 JUDGE ORIE: Fine. But let's not leave it to making such an
23 observation but have the document -- have the translation replaced by
24 another one.
25 MR. McCLOSKEY: I understand. I think the Defence will agree
Page 11613
1 that "excavator" or "loader" is a better translation for an ULT.
2 JUDGE ORIE: Whether you agree or not, we are working on the
3 basis of official translations, so if there is any doubt, it should be
4 submitted for the translation to be verified. That's the simple
5 observation I make.
6 MR. McCLOSKEY: Thank you, Mr. President. We will get you a
7 better translation.
8 JUDGE ORIE: Thank you.
9 MR. McCLOSKEY: And do we have the next page in e-court? No?
10 Okay, if we could do this again --
11 JUDGE ORIE: Same basis.
12 MR. McCLOSKEY: Yes.
13 Q. And now we can see this, this ULT digging trenches at Orahovac on
14 the 15th of July and digging trenches in Branjevo on the 17th of July.
15 Do you connect this in any way to the investigation and the crimes at
16 Branjevo and Orahovac?
17 A. Yes, absolutely. It makes sense that since the execution at
18 Orahovac ended during the night, the work of burying the victims might
19 have continued the following day, and for the Branjevo Farm execution
20 took place the 16th, since we know that the bodies also of the Pilica Dom
21 were taken to the farm on 17, and we also have aerial imagery showing
22 ongoing exhumation on the spot, the 17th, that all these events and
23 documents are connected all together.
24 Q. All right.
25 MR. McCLOSKEY: And I'll offer this in when we get this fixed,
Page 11614
1 Mr. President.
2 JUDGE ORIE: A number will be reserved for it. Madam Registrar?
3 MR. LUKIC: I'm sorry --
4 JUDGE ORIE: Yes.
5 MR. LUKIC: We have one technical problem. I didn't complain the
6 first time with the first document shown on the ELMO, but we cannot see
7 anything from the ELMO so I cannot see that. What's going on?
8 JUDGE ORIE: Oh, have you pushed the right button? That is the
9 ELMO --
10 MR. LUKIC: Yes, I pushed all the buttons.
11 JUDGE ORIE: All the buttons, yes.
12 MR. LUKIC: Not at the same time.
13 JUDGE ORIE: Mr. Lukic, a very practical solution perhaps, since
14 we admit not yet, you certainly will have an opportunity to look at a
15 hard copy during the break and then we will further hear from the
16 Prosecution.
17 MR. LUKIC: Thank you, Your Honour.
18 JUDGE ORIE: Madam Registrar, the number to be reserved for this
19 document would be?
20 THE REGISTRAR: Number reserved for document 4281 will be P1488,
21 Your Honours.
22 JUDGE ORIE: Yes, and we'll decide on admission after the full
23 document has been uploaded and after Mr. Lukic has had an opportunity to
24 look at it.
25 [Trial Chamber and Registrar confer]
Page 11615
1 JUDGE ORIE: Please proceed, Mr. McCloskey.
2 MR. McCLOSKEY: Thank you, Mr. President.
3 All right. Now could we go to 65 ter 5230? Remembering we saw a
4 document with a ULT and we saw Mevludin Oric noting ULT.
5 Q. Now, do you remember or do you know the difference between a
6 ULT 220 and a ULT 200?
7 A. It's a tricky question. If I remember well, the 200 is only a
8 front loader, but the other one has also a digging device at the back, if
9 I remember well.
10 Q. All right.
11 MR. McCLOSKEY: I'm not sure that's correct but I would offer
12 this into evidence as a representative of an ULT.
13 JUDGE ORIE: I apologise, Mr. McCloskey. Any objections?
14 Madam Registrar?
15 THE REGISTRAR: Document 5230 receives number P1489,
16 Your Honours.
17 JUDGE ORIE: P1489 is admitted into evidence.
18 MR. McCLOSKEY: All right. One more engineering document. Could
19 we go to 65 ter 04277? And in e-court it should be page 17 in the
20 English and page 137 in the Serbian.
21 Q. Now, this is something we referred to as the engineer logbook
22 which as we can see is the company commander's order, and I picked it out
23 just for the 17th of July. Is this a document you recall as one of the
24 engineering documents in question that you used to help date the creation
25 of the graves?
Page 11616
1 A. Yes, indeed.
2 Q. All right.
3 MR. McCLOSKEY: And I won't go to the other dates, but I would
4 like to offer this document into evidence, but I would just offer
5 pages 14 through 20 in the English, which should be the appropriate dates
6 from 13th through, I think, about the 20th of July.
7 JUDGE ORIE: Of course, the first question then would be: Is
8 that how it was uploaded? I think it is not because I've got 72 pages
9 uploaded into e-court.
10 MR. McCLOSKEY: Yes. Ms. Stewart is going to upload that smaller
11 version.
12 JUDGE ORIE: Same procedure, then. We reserve a number for this
13 document and a selection still to be made.
14 THE REGISTRAR: The reserve number for document 4277 will be
15 P1490, Your Honours.
16 JUDGE ORIE: Yes. Mr. Lukic, if there is any other pages which
17 you would like to have added, then of course you can make any
18 suggestions.
19 MR. McCLOSKEY: Could we get an A to that, Ms. Stewart suggests?
20 JUDGE ORIE: For the selection to be made later?
21 MR. McCLOSKEY: The excerpts will be 65 ter 4277A. And before we
22 leave it, I would note that we see something called a BGH-700 at
23 Branjevo. Now let's go to another exhibit, 65 ter 5227.
24 Q. And again, Mr. Ruez, going back to your knowledge, does this
25 represent something similar to the BGH-700, as far as you remember, from
Page 11617
1 those days?
2 A. Yes. In fact, as for the other one, it's just a question of
3 size, the numbers.
4 Q. In terms of the ULT?
5 A. Yes, for the ULT, one is smaller and the other one is bigger.
6 MR. McCLOSKEY: Then I would offer this into evidence as well.
7 JUDGE ORIE: Madam Registrar?
8 THE REGISTRAR: Document 5227 receives number P1491,
9 Your Honours.
10 JUDGE ORIE: And is admitted into evidence.
11 MR. McCLOSKEY: And one last document, Mr. President.
12 Q. And something you've just referred to, Mr. Ruez.
13 MR. McCLOSKEY: Could we go to Exhibit P1132? It should be in
14 e-court, page 219. This is a -- it's a book of aerial images that has
15 been MFI'd. Actually, I'm wrong on that point but this is -- this is
16 fine.
17 Q. You've referred to this briefly before, Mr. Ruez. This is
18 17 July aerial image, and is this what you were referring to when you
19 said there was a photo on 17 July of an excavator digging?
20 A. Yes, absolutely.
21 Q. All right. And this is already noted.
22 A. On this picture he's digging right on the spot where the mass
23 grave is.
24 Q. And you know that how?
25 A. Because I've been on the ground many times and I can for sure say
Page 11618
1 it is the very precise spot where the mass grave is ending at the limit
2 of the tree line.
3 Q. All right.
4 Now, you also briefly mentioned with Mr. Lukic that there was
5 combat on the 16th, where the VRS opened a corridor to allow Muslims from
6 Srebrenica to get through. Did the investigation reveal that even after
7 those Muslims went through, there were any other Muslims with arms that
8 got stuck behind in those woods, in the Zvornik Brigade's zone of
9 responsibility?
10 A. It could be. I don't remember.
11 Q. All right.
12 MR. McCLOSKEY: I have no further questions, Mr. President. And
13 they've fixed the problem, so we have 04279 should be P1486 and 04281
14 should be P1488. And so they are fixed in e-court and they're complete
15 now.
16 JUDGE ORIE: It was completing the two documents, no objections,
17 any further, Mr. Lukic? Well, you haven't had an opportunity to look at
18 it. We will deal with it after the break, after Mr. Lukic has had an
19 opportunity to look at the full documents. And I take it that then we'll
20 also be able to know whether the selection has been uploaded for the
21 document, the log.
22 Then if you have no further questions, no further questions from
23 the Bench and no questions by the Defence anymore, Mr. Ruez, [French
24 spoken - no interpretation].
25 [In English] Again, there seems to be no translation. I would
Page 11619
1 like to thank you very much in your own language for having come to
2 The Hague and for having answered all the questions that were put to you
3 by the parties and by the Bench, and I would wish you a safe return home.
4 THE WITNESS: Thank you, Your Honours.
5 JUDGE ORIE: You may follow the usher.
6 [The witness withdrew]
7 JUDGE ORIE: We will take a break, and after we resume, we'll
8 hear the evidence of the next witness in closed session and with
9 pseudonym. We'll resume at 10 minutes to 11.00.
10 --- Recess taken at 10.30 a.m.
11 [Closed session]
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6 [Open session]
7 THE REGISTRAR: We are in open session, Your Honour.
8 JUDGE ORIE: Thank you, Madam Registrar.
9 Some documents in relation to Mr. Ruez. First, P1486, Mr. Lukic,
10 second page has now been uploaded. Any problem?
11 MR. LUKIC: I have to admit that I didn't have time to see the
12 document yet.
13 JUDGE ORIE: Yes. Then the same may be true for P1488?
14 MR. LUKIC: Same.
15 JUDGE ORIE: Yes. Would you -- of course, we would have expected
16 to you look if even at the hard copy, if you would admit and you could
17 revisit the matter if there are serious objections? Would that be --
18 MR. LUKIC: I can check it in the e-court now.
19 JUDGE ORIE: You can check it in e-court now, at this very
20 moment.
21 MR. LUKIC: Or maybe --
22 JUDGE ORIE: No, no, we are beyond 2.15 so I can't afford to --
23 MR. LUKIC: I can answer that question tomorrow morning, at the
24 beginning.
25 JUDGE ORIE: Then we'll leave them until tomorrow morning.
Page 11684
1 Finally we have P1490. There the required pages have been
2 uploaded into e-court and that was a reduction rather than any additional
3 pages. Any problem there, Mr. Lukic?
4 MR. LUKIC: No problem with that.
5 JUDGE ORIE: P1490 is admitted into evidence. We adjourn for the
6 day and we resume tomorrow, Wednesday, the 29th of May at 9.30 in this
7 same courtroom, III.
8 --- Whereupon the hearing adjourned at 2.19 p.m.,
9 to be reconvened on Wednesday, the 29th of May
10 2013, at 9.30 a.m.
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