141030ED

Page 27565

1 May the witness please be brought into the court.

2 [The witness takes the stand]

3 JUDGE MOLOTO: Good morning, Dr. Maric.

4 THE WITNESS: [Interpretation] Good morning.

5 JUDGE MOLOTO: I would like to remind you that you are still

6 bound by the declaration that you have made at the beginning of your

7 testimony to tell the truth, the whole truth, and nothing else but the

8 truth. Thank you.

9 THE WITNESS: [Interpretation] Thank you.

10 JUDGE MOLOTO: Madam Harbour, good morning.

11 MS. HARBOUR: Good morning.

12 JUDGE MOLOTO: It's your chance.

13 WITNESS: VELJKO MARIC [Resumed]

14 [Witness answered through interpreter]

15 Cross-examination by Ms. Harbour: [Continued]

16 Q. Dr. Maric, yesterday you told the Court that your Muslim

17 colleagues, Drs. Torlak and Berberkic were detained in in KP Dom. Did

18 you know that another doctor from your hospital, Dr. Asima Pilav, was

19 also detained in KP Dom?

20 A. Dr. Asima Pilav was detained at the beginning of the war in

21 Velecevo, not at the KP Dom, Velecevo. It's an infirmary; at the

22 beginning of the war, it was a prison. Dr. Asima Pilav was a

23 paediatrician.

24 Q. Doctors and medical staff who worked at the Foca health centre,

25 including Dr. Karovic, were also transferred to KP Dom; is that correct?

Page 27566

1 A. Yes, Dr. Ibro Karovic is a doctor from the medical centre; he was

2 at the KP Dom.

3 Q. After the health centre staff were arrested and detained, did you

4 and the remaining doctors at the Foca hospital make an appeal on the

5 radio for a release of all the doctors?

6 MR. IVETIC: Objection: Assumes facts not in evidence.

7 JUDGE MOLOTO: Yes, Madam Harbour.

8 MS. HARBOUR: I -- I am not sure which facts are being assumed?

9 THE WITNESS: [Interpretation] Yes, I --

10 MR. IVETIC: Could you point to where there has been evidence led

11 of an arrest?

12 JUDGE MOLOTO: Does it have to be in evidence? It's the position

13 of the --

14 MR. IVETIC: Well, then she has to preface it by saying it's the

15 position of the Prosecutor - does she not? - if she is presenting the

16 Prosecution's position on something? We have not had evidence led that

17 these individuals were arrested at the hospital.

18 JUDGE MOLOTO: Mr. Ivetic, you understand that Madam Harbour is

19 on cross-examination?

20 MR. IVETIC: Yes.

21 JUDGE MOLOTO: And what are the limitations on cross-examination?

22 MR. IVETIC: There is a limitation that if you assume a fact not

23 in evidence, it's subject to objection unless you are presenting your

24 case pursuant to the rule, in which case you have to identify it as being

25 your position.

Page 27567

1 MS. HARBOUR: Your Honours, I would be happy to rephrase the

2 question if that would cut to the chase.

3 JUDGE MOLOTO: Okay.

4 MS. HARBOUR:

5 Q. After the health centre staff were detained at KP Dom, did you

6 and the other remaining doctors at the Foca hospital make an appeal on

7 the radio for the release of all the doctors?

8 A. Yes.

9 Q. Yesterday at transcript page 27536 --

10 JUDGE MOLOTO: Just let me find out: What's the difference

11 between this question and the previous question?

12 MS. HARBOUR: As I understand Mr. Ivetic's objection, the

13 previous question I had said "arrested and detained," whereas, as

14 rephrased, I omitted the word "arrested."

15 JUDGE MOLOTO: Thank you so much.

16 MS. HARBOUR:

17 Q. Dr. Maric, yesterday at transcript page 27536 you testified that

18 after the 8th of April, 1992, specialists, including Muslim doctors,

19 "abandoned" the hospital due to the conflict. In paragraph 5 of your

20 statement when you discussed Muslim staff leaving the hospital, you said

21 "no one drove them out." This is not exactly accurate, is it,

22 considering that Muslim doctors and medical staff were detained in

23 KP Dom?

24 A. Well, the conflict certainly caused fear amongst everyone

25 regardless of ethnicity. People were trying to resolve their own

Page 27568

1 situations. They didn't want to have the conflict affect them entirely.

2 Yesterday I stated it wasn't only the Muslim doctors at the hospital but

3 the Serb doctors, too, out of fear left the hospital, their patients,

4 seeking to find a solution for themselves and their families.

5 JUDGE MOLOTO: Do you mind if I just ask a question.

6 Doctor, were any Serb doctors detained at the KP Dom or at any

7 penitentiary?

8 THE WITNESS: [Interpretation] In Foca?

9 JUDGE MOLOTO: Yes.

10 THE WITNESS: [Interpretation] In Foca, I don't know -- not in

11 Foca as far as I know. In other towns in Bosnia-Herzegovina, probably.

12 JUDGE MOLOTO: Don't speculate. Thank you so much.

13 You may proceed, Madam Harbour.

14 MS. HARBOUR: Could I please have 65 ter 31524 on the screen.

15 Q. And, Dr. Maric, this is a map of the area around Foca town that

16 identifies various places that are relevant to this case. These places

17 include the health centre, KP Dom, and the hospital. So once we have the

18 map on the screen -- can you understand the English markings?

19 A. No.

20 Q. Okay. In that case I will go through them. At the very top of

21 the map, the marking points to the hospital. Can you verify that this is

22 where the hospital was located?

23 A. Yes, the right bank of the Drina. Correct.

24 Q. Further down the next marking is "KP Dom." Can you verify that

25 is the correct location?

Page 27569

1 A. KP Dom, yes, yes.

2 Q. Now moving to the left along the Drina, we have the SUP; is that

3 correct -- in the correct location?

4 A. Yes.

5 Q. Continuing down there is Partizan Hall; is that correct?

6 A. Yes.

7 Q. Turning towards the right now there is Aladza Mosque; is that --

8 is that correct?

9 A. It's on the right bank of the Cehotina and here it's on the left.

10 The Aladza Mosque is on the banks of the Cehotina.

11 Q. Okay. If we continue to the right, the health centre is marked;

12 is that the location of the health centre?

13 A. Yes, yes.

14 Q. And finally the last marking is the high school; is that correct?

15 A. The high school is on the right bank of the Cehotina, not the

16 left one.

17 Q. Okay.

18 MS. HARBOUR: Your Honour, bearing in mind the witness's

19 testimony about the map, I would still like to tender this into evidence,

20 given the place -- locations that he was able to confirm.

21 MR. IVETIC: Well, I don't know -- I don't know how we're going

22 to deal with the correction. I still don't know the source of the map,

23 if the scale has been added by the Prosecution or if that's from the map

24 itself. If the scale is with the map, that's fine; if it's been added by

25 the Prosecution, then we need to know how they've derived it.

Page 27570

1 JUDGE MOLOTO: Well, who put on the scale? It looks like it

2 comes with the map, but I don't want to pre-empt your answer.

3 JUDGE FLUEGGE: Your microphone.

4 [Prosecution counsel confer]

5 MS. HARBOUR: Your Honours, I am informed that our mapping unit

6 includes this scale based on the side -- the scale of the original map.

7 This was originally a topographical map of Bosnia and Herzegovina which

8 was 1:25.000, so the mapping people derived this scale from that scale,

9 the original map.

10 JUDGE FLUEGGE: May I put one question to the witness in relation

11 to this map.

12 Witness, you said the high school is on the right bank of the

13 Cehotina River?

14 THE WITNESS: [Interpretation] Yes.

15 JUDGE FLUEGGE: If you look at the map, it is indicated there

16 that it is indeed on the right bank of the river, so there is no

17 contradiction. It is the last marking on the top right -- in the lower

18 right corner.

19 THE WITNESS: [Interpretation] Your Honour, I saw these red

20 markings, and I think that if the arrow is by the road, then what I said

21 and what is written here is correct.

22 JUDGE FLUEGGE: Then the marking is correct?

23 THE WITNESS: [Interpretation] Well, I said it was on the right

24 bank of the Cehotina; that's where the high school is. So I didn't see

25 the Aladza Mosque and the health centre.

Page 27571

1 JUDGE FLUEGGE: And you agree with almost all markings except the

2 Aladza Mosque; is that correctly understood?

3 THE WITNESS: [Interpretation] Yes.

4 JUDGE MOLOTO: The mistakes have been reduced by 50 per cent.

5 What is Defence's position?

6 MR. IVETIC: They are, Your Honour. And as long as we are not

7 then going to rely upon the markings as being authoritative, they can be

8 demonstrative of approximate locations.

9 JUDGE MOLOTO: Thanks. We appreciate it.

10 Then the map then would be -- did you ask for it to be admitted?

11 MS. HARBOUR: Yes, Your Honour.

12 JUDGE MOLOTO: That's right.

13 The map is admitted into evidence. May it please be given an

14 exhibit number.

15 THE REGISTRAR: Your Honours, that will be P6866.

16 JUDGE MOLOTO: Thank you. P6866.

17 You may proceed, Madam Harbour.

18 MS. HARBOUR:

19 Q. Mr. Witness, this Chamber has heard evidence that Muslim

20 prisoners in KP Dom were kept in poor conditions, that they were

21 freezing, that they were underfed, that they were physically beaten, that

22 there were Muslims who were very sick, who suffered serious heart

23 problems, or who were mentally ill while they were detained in KP Dom,

24 and some people, especially elderly people, died as a result of these

25 poor conditions.

Page 27572

1 MS. HARBOUR: This is, for Your Honours, from Exhibit P738, pages

2 7 to 8, which is under seal.

3 Q. Now, you have made some assertions in paragraphs 19 and 20 of

4 your statement. You've stated that as far as you knew there was no

5 discrimination in the treatment of KP Dom detainees, that military and

6 civilian authorities had no influence over the doctors, and that

7 detainees went to the hospital when that was necessary. Now, you do not

8 have actual knowledge of the health conditions of the detainees in

9 KP Dom; is that correct?

10 A. The KP Dom is a separate institution. It takes care of

11 everything including the health care for its clients, so I'm not familiar

12 with the situation but I know that patients before the conflict and

13 during the conflict -- I mean patients from the KP Dom. And to this day

14 since they do not have comprehensive medical care, they are sent to the

15 hospital when necessary. And even during the conflict those who came to

16 the hospital were also operated on. Now what the situation is, I would

17 not be a relevant person to say what their situation was because I wasn't

18 up there.

19 JUDGE MOLOTO: Does it mean, then, Doctor, that when you are

20 alleged to have said that so far as you knew there was no discrimination

21 in the treatment of KP Dom detainees, you were not correct?

22 THE WITNESS: [Interpretation] I said that in the context

23 because --

24 JUDGE MOLOTO: I'm not asking you to explain --

25 THE WITNESS: [Interpretation] -- when --

Page 27573

1 JUDGE MOLOTO: I'm just asking: You were not correct; is that

2 correct? Because you have just told us you don't know the conditions in

3 the KP Dom.

4 THE WITNESS: [Interpretation] But, Your Honour, doctors from the

5 hospital who helped and who went up there during the conflict, they --

6 JUDGE MOLOTO: Shall I stop you there? Shall I stop you there?

7 You have said two statements which are inconsistent. You have said in

8 your statement that people in the KP Dom were not discriminated against.

9 Now you are saying the KP Dom was a separate institution, you have no

10 knowledge of the conditions there; therefore, when you said that people

11 were not discriminated in the KP Dom, you were not correct.

12 MR. IVETIC: But, Your Honour, ignoring the evidence that he's

13 testified about detainees coming to be treated as patients in the

14 hospital, of which he was involved in, and that's the evidence that was

15 right after that.

16 JUDGE MOLOTO: Detainees in the hospital are detainees in the

17 hospital. I'm talking about --

18 MR. IVETIC: No, detainees -- Your Honour, detainees from KP Dom

19 to the hospital.

20 JUDGE MOLOTO: From KP -- I accept that. Detainees from KP Dom

21 to the hospital are detained -- I'm talking about detainees in the

22 KP Dom, not who were taken to hospital.

23 MR. IVETIC: The detainees from KP Dom are taken to the hospital;

24 they are still detainees of KP Dom, Your Honour. So I think

25 Your Honour's assertion that his statement is incorrect is not entirely

Page 27574

1 in line with the evidence that has been led.

2 JUDGE MOLOTO: Let me quote to you what Madam Harbour quoted and

3 which you didn't object to. Now, if you look at page 11 from line 19,

4 Madam Harbour quotes paragraph 19 of the accused [sic] and 20 and she

5 says:

6 "You have stated that as far as you knew there was no

7 discrimination in the treatment of KP Dom detainees ..."

8 MR. IVETIC: Your Honours, in the treatment of KP Dom detainees.

9 If you look at temporary transcript page 12, lines 1 through 4, the

10 witness says that:

11 "... KP Dom is a separate institution. It takes care of

12 everything including the health care for its clients, so I'm not familiar

13 with the situation but I know that patients before the conflict and

14 during the conflict, I mean patients from the KP Dom and to this day,

15 since they do not have comprehensive medical care they are sent to the

16 hospital when necessary. And even during the conflict, those who came to

17 the hospital were also operated on."

18 JUDGE MOLOTO: [Overlapping speakers] --

19 MR. IVETIC: That's what the situation is.

20 JUDGE MOLOTO: [Overlapping speakers] --

21 MR. IVETIC: That's in line with his statement.

22 JUDGE MOLOTO: He's speaking about patients. We don't know about

23 what was done to those detainees who were not patients, so he can't talk

24 about the treatment of detainees at the KP Dom; he can talk about the

25 patients who came from the KP Dom who -- for his treatment.

Page 27575

1 MR. IVETIC: Well, Your Honours, when he's talking about

2 treatment as a doctor, there is only one type of treatment, that's

3 medical treatment.

4 JUDGE MOLOTO: I overrule your objection. Thank you.

5 MR. IVETIC: Okay.

6 JUDGE MOLOTO: [Indiscernible]

7 Please proceed, Madam Harbour.

8 MS. HARBOUR:

9 Q. I'd like to move on to a different topic now, Dr. Maric.

10 Yesterday at transcript page 27554, you said that during April 1992 you

11 treated 48 patients surgically and 37 of those patients were Muslim. I

12 would like to ask you about a number of the wounded people from Foca who

13 were treated at your hospital during this period.

14 MS. HARBOUR: So if we could please have 65 ter 1D04416 and page

15 24 in the English, page 12 in the B/C/S.

16 Q. As this is coming up, just for your reference, this is the

17 patients admission log that you've referred to in a few paragraphs in

18 your statement. Here at number 2663, we have Mensur Borovina, born in

19 1982; and then number 2664 is Mohammed Softic, born in 1989. In the

20 diagnosis column we see variations of vulnera sclopetaria for both. Are

21 you following me?

22 A. No, because on the right-hand side one page is missing. It's a

23 book with two pages, one of each side and the right-hand side page is

24 missing. That's why I can't follow you.

25 Q. Yes.

Page 27576

1 MS. HARBOUR: If we could --

2 Q. Now do you see the column, the diagnosis column?

3 JUDGE FLUEGGE: Perhaps we can remove the English version and

4 look at the B/C/S version and that can be enlarged.

5 MS. HARBOUR: Sure.

6 JUDGE FLUEGGE: There we are.

7 MS. HARBOUR: Thank you for the suggestion, Your Honour.

8 Q. Dr. Maric, these diagnoses of, again, Mensur Borovina and

9 Mohammed Softic indicate injuries due to firearms; correct?

10 A. Yes.

11 Q. Can you confirm that these entries reflect that Muslim children,

12 approximately 10 and 3 years old, had been shot?

13 A. I can't be an expert on that. I can just tell you that this is a

14 diagnosis, vulnera sclopetarium, and that those who suffered those wounds

15 were young patients, children. Softic was a child.

16 JUDGE FLUEGGE: Ms. Harbour.

17 MS. HARBOUR: Yes, Your Honour.

18 JUDGE FLUEGGE: You said 10 and 3 years old. What do you mean by

19 that? If we look at the entry 2663, the date of birth should be 1982.

20 And what about the other one, born in 1962?

21 MS. HARBOUR: 1989.

22 JUDGE FLUEGGE: Now you are referring to the next one?

23 MS. HARBOUR: Yes.

24 JUDGE FLUEGGE: Thank you.

25 MS. HARBOUR:

Page 27577

1 Q. Dr. Maric, can you confirm that these were Muslims, Muslim

2 children? Could you please state your answer verbally?

3 A. Yes, yes.

4 MS. HARBOUR: Could we turn now to page 12 in the English and

5 page 6 in the B/C/S. Or if Your Honours are comfortable, we could just

6 stick with the B/C/S, it may be easier for the witness to look at the

7 document.

8 JUDGE MOLOTO: As you propose.

9 MS. HARBOUR: In that case page 6 in the B/C/S, please.

10 Q. Here at number 2605, we see Halim Dzalilovic [phoen], born in

11 1929 from Codor Mahala in Foca, diagnosis vulnus sclopetarium. Further

12 down at 2609 we see Hamdija Hadzimuratovic, born in 1923, same diagnosis.

13 These entries reflect that Muslims in their 60s also had fire-arm

14 injuries; is that correct?

15 A. It is correct but war and arms did not make a distinction between

16 young and old. A total of 2.500 people were wounded in Foca during the

17 conflict.

18 MS. HARBOUR: Could we now turn to page 14 in the English -- or,

19 actually, we'll just turn to page 7 in the B/C/S and we'll focus on the

20 B/C/S.

21 Q. At item 2615 we have Ismeta Hodzic, daughter of Dzemal, worker in

22 a sock factory, same diagnosis.

23 MS. HARBOUR: And then if we could turn to page 10 in the B/C/S.

24 JUDGE MOLOTO: Do you want any comment on this?

25 MS. HARBOUR: I would like to --

Page 27578

1 JUDGE MOLOTO: -- 2615.

2 MS. HARBOUR: I would like to --

3 JUDGE MOLOTO: Deal with them as a group.

4 MS. HARBOUR: -- deal with both of these at the same --

5 Q. We see at number 2648 further down, Jasmina Sirbubalo, same

6 diagnosis. From these entries we see that Muslim women were also

7 admitted after receiving fire-arms injuries in April 1992; is that

8 correct, Dr. Maric?

9 A. It is correct, yes. But I told you what happened: 2500 people

10 were wounded. I myself treated 2500 Serbs. I operated on them. There

11 were also people of other ethnicities. I treated them personally.

12 Q. Dr. Maric, if you could just answer my questions we would -- that

13 would be much appreciated. Now, you said in paragraph 5 of your

14 statement that the conflicts forced people to "go where their own people

15 were." Did incidents of women, children, and the elderly being shot

16 contribute to Foca's Muslims moving to where their own people were, as

17 you put it?

18 A. The conflicts in Foca lasted for perhaps 10 days or a fortnight.

19 I can't remember exactly. And it is in turn that as a result there was a

20 lot fear, a lot of people wounded, and people dealt with that situation

21 as best as they could. Some 500 to 800 of them stayed at the hospital at

22 first and they were of all ethnicities, and after that --

23 Q. I'm sorry to interrupt you. Do you agree with me that these

24 incidents contributed to Muslims moving to where their own people were,

25 as you put it?

Page 27579

1 A. Of course. Separated families decided to unite where they felt

2 the safest, and that would be my answer. And they felt the safest --

3 JUDGE MOLOTO: Can I stop you, Doctor. Can I suggest that you

4 please listen carefully to the question, and we are not asking you to

5 justify --

6 THE WITNESS: Okay.

7 JUDGE MOLOTO: -- or explain why things happened. You are just

8 being asked to say why things happened or didn't happen. The question is

9 simply: Do you agree that these shootings contributed to the Muslims

10 going to their own people? I suppose they might have contributed to the

11 Serbs going to their own people?

12 MR. IVETIC: And, Your Honour, he has answered the question. He

13 answered the question with the first answer of that answer. So what's

14 the objection? What's the problem?

15 JUDGE MOLOTO: What --

16 MR. IVETIC: He said "of course." He said "of course." That's

17 an answer, is it not?

18 JUDGE MOLOTO: Yes, and then he went on to explain, which I said

19 please --

20 MR. IVETIC: Okay. Well, he has answered the question. You're

21 implying that he has not answered the question. He listened to the

22 question, he answered the question. I fail to see the problem.

23 JUDGE FLUEGGE: Mr. Ivetic, you should calm down.

24 JUDGE MOLOTO: Yeah --

25 MR. IVETIC: -- I agree, but I --

Page 27580

1 JUDGE MOLOTO: It will help you if you can.

2 MR. IVETIC: Okay.

3 MS. HARBOUR:

4 Q. I would like to talk to you now about a few of the Muslim

5 children which are on the paediatric ward admission list which you have

6 also discussed in your statement.

7 MS. HARBOUR: If we could please have 65 ter 1D4415, and if we --

8 if Your Honours don't mind, I will continue to only show the B/C/S. So

9 that's page 5 in the B/C/S.

10 Q. In rows 154 and 155 we see Selma and Jasenko Tafro born in 1984

11 and 1985, so they were around 7 and 8 years old, and we see there is no

12 diagnosis for them. In the diagnosis column it simply says "moved to

13 ophthalmology ward." Do you know why these two children ended up in Foca

14 hospital?

15 A. No. But the hospital was open to everybody who knocked on the

16 door. We accommodated the children where we had room for them and then

17 they left on the 25th of September, both of them, when we found a way to

18 place them with their families. I don't know when they were admitted as

19 a matter of fact. They were admitted on the 28th of August, which means

20 that they spent about a month in the hospital. They were not with the

21 sick and the wounded, but we looked after them. They did not have to be

22 physically sick. We still looked after them because they were under a

23 lot stress and they had nowhere to go, so both these children spent about

24 a month with us before we were able to find them a place to go to.

25 MS. HARBOUR: Could we please have 65 ter 31521, page 3 in the

Page 27581

1 English and there is only the one page in B/C/S.

2 Q. You may be familiar with Janko Janjic, also known as Tuta. He

3 was indicted at this Tribunal for crimes that he committed against

4 Muslims in Foca as part of a unit under Brane Cosovic.

5 MS. HARBOUR: And I also refer Your Honours to Exhibit P979,

6 paragraph 68, which is under seal.

7 Q. This article from the 14th of September, 1994, states in the last

8 paragraph in the English --

9 MS. HARBOUR: And in the B/C/S it's on the far right column, the

10 second paragraph. So maybe that can be enlarged for the witness.

11 Q. Here it states:

12 "Tuta and his accomplices first raped the mother of the

13 8-year-old Jasko and his slightly older sister Selma Tafro and then

14 killed her and her husband Tafro in front of her neighbours and the

15 aforementioned children in Samoborska Street in the centre of town."

16 JUDGE FLUEGGE: Where can we find it in the English?

17 MS. HARBOUR: That is at the bottom paragraph.

18 JUDGE FLUEGGE: Thank you.

19 MS. HARBOUR: Second sentence.

20 Q. Now, Dr. Maric, you said that these children were under a lot

21 stress and they had nowhere to go. Isn't it true that they were taken to

22 the hospital because their parents were killed and there was nowhere else

23 to send them?

24 A. On admission into every health care institution, a reason has to

25 be stated for admission. I'm a surgeon. I don't know anything about the

Page 27582

1 admission procedure. Those children were admitted and they were looked

2 after for a month. I'm a surgeon. I work in the operating room. I

3 don't know why those children were admitted. I know that these children

4 spent a month at the eye department. Not only the two of them, there

5 were other children who shared their fate and they were in the same

6 situation. So that's all I can tell you.

7 Q. Now, you've mentioned that there were other children who shared

8 their fate.

9 MS. HARBOUR: If we could go back to 65 ter 1D4415, page 5 in the

10 B/C/S.

11 Q. I'd like to ask you just about two more of these children.

12 MS. HARBOUR: While that's coming up, Your Honours, could I

13 tender this article into evidence? It's 6 --

14 JUDGE MOLOTO: Is that 31521?

15 MS. HARBOUR: Yes, Your Honour.

16 JUDGE MOLOTO: I see no objection.

17 Yes, Mr. Registrar, its admitted, may it please be given an

18 exhibit number.

19 THE REGISTRAR: Yes, Your Honour. That will be Exhibit P6867.

20 JUDGE MOLOTO: Thank you.

21 You may proceed, Madam Harbour.

22 MS. HARBOUR:

23 Q. On this page just above the Tafro siblings, we see in row 153

24 Azra Ramovic, born in 1988. And again, it simply states that she was

25 moved to the ophthalmology ward. Yesterday at transcript page 27547, you

Page 27583

1 identified Azra as one of the children who was taken to Igalo after 1993.

2 A. Yes, yes.

3 Q. Further down on the same page we see in row 160 Kemal, and if you

4 can make out his surname it seems to be Soro, born in 1988, also sent to

5 the ophthalmology ward?

6 A. Soro.

7 Q. Soro.

8 A. Born?

9 Q. Do you know why Azra and Kemal were at Foca hospital?

10 A. Azra Ramovic spent anything between a year and then three years

11 with a group of the seven children that I sent to Igalo. When children

12 are cured and when we don't have anywhere to send them, we put them at

13 other departments. They don't have to stay at children -- so she was

14 also at the eye department until 1993 when she was taken to Igalo. Don't

15 think that the fact that children are moved from one department to

16 another in the hospital that it is something strange. First, they are

17 treated at the child disease department and --

18 THE INTERPRETER: Could the witness please be asked to slow down.

19 JUDGE MOLOTO: [Microphone not activated].

20 THE INTERPRETER: Microphone for the Presiding Judge, please.

21 JUDGE MOLOTO: If you speak too fast, they can't -- they are not

22 able to keep up with you, so speak slowly. Thank you so much.

23 THE WITNESS: [Interpretation] As for this young boy Soro, he was

24 discharged on the 25th of September, 1992. I can't see the date of

25 admission, but I suppose that -- I don't know. This seems to be

Page 27584

1 April 04. I can't see that. He was not wounded. He was not sick.

2 That's why he was kept at the department for eye diseases. It was a

3 large department. The -- there were few patients. The eye disease

4 department is for eye diseases, but I don't want you to be confused about

5 the fact that we kept children there. There was nowhere else to keep

6 them. Once they were treated and they were cured and when there was no

7 other department to go to, we would move them to the eye diseases

8 department.

9 MS. HARBOUR:

10 Q. Thank you. That's understood. We have a statement from

11 Kemal Soro.

12 MS. HARBOUR: If we could have 65 ter 31519, please.

13 Q. As this is coming up, I will just summarise for you what the

14 statement says. He says on page 2 that one days Serb soldiers attacked

15 his house in the area of Foca called Codor Mahala. His father and his

16 uncle were taken to KP Dom. On page 3 he says he moved to his

17 grandparents house.

18 MS. HARBOUR: And if we could now go to page 4.

19 Q. Kemal said that Serb soldiers attacked his grandparents' house as

20 well. He hid in the tree while Serb soldiers set fire to the house and

21 fired shots. The next morning Kemal went to the house of a Serb

22 neighbour. The Serb neighbour directed him to the hospital. Kemal did

23 not know what happened to his grandfather, to his uncle, two aunts and

24 their children who had been at his grandfather's house. He was placed at

25 the hospital in a room with only Muslim children. Azra, who was 3 years

Page 27585

1 old, was one of the children there. She had been staying with Kemal's

2 mother and she told Kemal that Serb soldiers had come into the house, had

3 lined up everyone, had shot at their legs, and this 3-year-old had wounds

4 all over her legs. Kemal's mother and brother were killed.

5 MR. IVETIC: Can I have a reference for "Serb soldiers"; it's not

6 in the statement. If I can help, it only says "soldiers." If you

7 rephrase your question, we will remove the objection.

8 JUDGE FLUEGGE: In the middle of paragraph 3, I see there:

9 "The female neighbour told me that she was worried that the Serb

10 soldiers would come to her house and do the same things to them and kill

11 them."

12 MR. IVETIC: Correct, Your Honour.

13 JUDGE FLUEGGE: End quote.

14 MR. IVETIC: I'm sure that you appreciate that it's two different

15 incidents we're talking about. She's talking about the next paragraph,

16 which is a different incident.

17 JUDGE FLUEGGE: I just quoted from the statement, nothing else.

18 MR. IVETIC: Agreed.

19 MS. HARBOUR:

20 Q. Dr. Maric, soldiers. Azra was telling Kemal about an incident

21 when soldiers came into her house, lined up everyone in the house, shot

22 at their legs. She was 3 years old. She had wounds all over her legs

23 and Kemal's mother and brother were killed.

24 And is it correct, Dr. Maric, that like the Tafro siblings, Kemal

25 and Azra were at Foca hospital because their families were killed and

Page 27586

1 there was nowhere else to send them?

2 A. The only place -- actually, the boy could not be sent from the

3 place where he was to the hospital on his own. Somebody had to bring him

4 because he was 3 kilometres away. Why they were brought to the hospital,

5 I don't know. I told you already that I'm a surgeon and whoever sought

6 medical attention was admitted. They could be admitted for sickness,

7 injuries, or other conditions. And I was never on any patient's

8 admission, so I can't answer your question as to why they were admitted.

9 I'm just saying that the young boy had to be brought by somebody because

10 the place from which he arrived was 3 kilometres away from the hospital.

11 Q. But you agree that Muslim children who were not wounded were held

12 at the hospital for periods of time because there was not another place

13 to send them? I think you've already given a -- you've already mentioned

14 that.

15 A. I'm giving you about the good thing. I'm telling you that even a

16 hospital who was not originally tasked with that role still performed

17 that role, irrespective of other legally prescribed duties. The hospital

18 performed a humanitarian task as well. We were supposed to admit sick

19 and wounded and treat them, but we did other things as well. Even today

20 we have children --

21 Q. Dr. Maric --

22 A. -- in hospital whose parents don't want to look after them so we

23 look after them, we bring them up, we try to find a place for them to

24 live. So this is our humanitarian role as well.

25 Q. I understand. Thank you.

Page 27587

1 JUDGE MOLOTO: How much longer are you likely to be,

2 Madam Harbour?

3 MS. HARBOUR: I would probably take another 15 minutes.

4 JUDGE FLUEGGE: That's much more than the 45 minutes you have

5 indicated.

6 MS. HARBOUR: I'm not sure where we are on time now, but I think

7 you are correct. If -- with your indulgence, I would seek an extra 15

8 minutes.

9 JUDGE MOLOTO: Try to be focused also in your questions. If the

10 witness has already said something, there is no need to go back to it,

11 for instance.

12 MS. HARBOUR: Thank you, Your Honour. I will do so.

13 In paragraph -- would -- should we take a break now a bit early

14 or -- before I move into the next section, or should I continue for five

15 minutes?

16 JUDGE MOLOTO: Would you take more than three minutes?

17 MS. HARBOUR: Maybe not. Let me finish this next session.

18 JUDGE MOLOTO: Let's finish it.

19 MS. HARBOUR:

20 Q. In paragraph 11 of your statement, Dr. Maric, you stated that in

21 1992 you tried to hand children from other ethnic groups over to Muslim

22 authorities, and you said the reason to this was:

23 "Out of fear that a drunk or a madman would come to the hospital

24 and harm those children."

25 There is evidence in this case that armed guards took several

Page 27588

1 Muslims from the hospital in late April and shot them outside the

2 hospital.

3 MS. HARBOUR: And this is from P741, paragraph 4, which is under

4 seal.

5 Q. Was this the kind of incident that made you fear that those

6 children might be harmed?

7 A. This is not true. Nobody was taken out of the hospital or killed

8 within the hospital's perimeter. There was a war and as a living being I

9 was afraid and I was afflicted by other things as a result of the

10 conflict, that's why I sympathised with all the people who survived the

11 conflict in Bosnia that lasted from 1992 to 1995.

12 MS. HARBOUR: Could we please -- could we please have Exhibit 989

13 on the screen.

14 Q. And in moving into a different topic now. This is a report --

15 JUDGE MOLOTO: This is a P number, 989?

16 MS. HARBOUR: P989.

17 JUDGE FLUEGGE: May I ask the witness.

18 Sir, the incident Ms. Harbour referred to, is it not true that

19 this happened, that patients were taken out and killed during the war at

20 any time? Are you saying that this never happened?

21 THE WITNESS: [Interpretation] What I'm saying is that the

22 hospital admitted people, treated them, and discharged them. If a person

23 is discharged, well, they leave the hospital.

24 JUDGE FLUEGGE: This is not the question. The question is: If

25 at any point in time during the war patients were taken out by other

Page 27589

1 people, not by people of the hospital, and killed outside. Did that ever

2 happen?

3 THE WITNESS: [Interpretation] I don't know that. I don't think

4 that that could have ever happened.

5 JUDGE FLUEGGE: Thank you.

6 THE WITNESS: [Interpretation] At least unbeknownst to me because

7 I'm a man who was there.

8 JUDGE FLUEGGE: You don't know. Thank you.

9 MS. HARBOUR:

10 Q. This -- if I could turn your attention now to the screen. This

11 is a report dated the 12th of October, 1992. To --

12 JUDGE MOLOTO: 12th or 10th?

13 MS. HARBOUR: 10th -- my apologies, 10th of October, 1992.

14 Q. Sent from Marko Kovac to the Herzegovina Corps. And in item

15 number 3 it discusses an ICRC visit to the Foca hospital where they had

16 private conversations with 21 Muslims, eight women, and two men.

17 MS. HARBOUR: And if we could turn to page 2 in the English.

18 Q. We see that Kovac states under item 4:

19 "We have 21 Muslim children and a number of women for exchange,

20 or we would send them to Gorazde."

21 Dr. Maric, you said that the hospital tried to hand children over

22 to the Muslim authorities, was that so that they could be exchanged?

23 A. I don't know about this. I don't know what Kovac was saying.

24 It's 1992 when I was not director of the hospital. But certainly a

25 longer stay and then there is this interest, we were friends.

Page 27590

1 Irrespective of ethnicity there were certainly links and we certainly

2 wanted to help one another. That's what I spoke about. This exchange

3 that Kovac is speaking about, I don't know. He probably came and took

4 that number of patients and wrote to his superior command, I think.

5 Q. And just going back to your statement when you said that you

6 tried to hand children over to the Muslim authorities. In your -- when

7 you testified in Karadzic, you did say that you were involved in the

8 exchange of some children for Serbs. Is that -- do you stand by that?

9 A. In 1992 Dzudo, who was there for two years, a little boy, and the

10 daughter of a friend of ours, we tried to hand them over at Osanica;

11 that's where the separation line was. We tried to hand them over to the

12 other entity because their parents were there. We didn't manage the

13 first time. We went back and then we tried again to hand them over

14 because they were our friends. We tried to bring them to the line

15 safely. I think that the little boy, Dzudo, was handed over, and

16 Revko Prguda was handed over and then Dzudo when he celebrated his 20th

17 birthday he came to the children's department at the hospital in Foca

18 where he had spent so much time. So it wasn't an exchange. It was just

19 what I tried to explain to you, that they were handed over to the other

20 side, the Muslim side, where Gorazde was and the Muslim forces.

21 JUDGE MOLOTO: Could you then try to answer the question that was

22 put to you, Doctor. Your answer doesn't answer the question that was put

23 to you. The question that was put to you was: Do you stand by the

24 testimony that you gave in the Karadzic case that --

25 THE WITNESS: [Interpretation] Well, yes.

Page 27591

1 JUDGE MOLOTO: -- just listen to me -- that.

2 MS. HARBOUR: If I could --

3 MR. IVETIC: And, Your Honours, if --

4 MS. HARBOUR: -- excuse me.

5 MR. IVETIC: -- we are going to do testimony, I believe the

6 procedure in this courtroom has also been to present the testimony if we

7 are going to ask a witness to stand by it.

8 JUDGE MOLOTO: That's a different story.

9 Yes.

10 MS. HARBOUR: Your Honours, his -- what he has just described

11 does comport with his Karadzic testimony and that would be at Karadzic

12 transcript page 35606 to 35607, and where he talks about this exchange of

13 this boy, Dzuderija. So if Your Honours are satisfied --

14 JUDGE MOLOTO: Thank you for the explanation. Does that round

15 off your point?

16 MS. HARBOUR: Yes, it does, Your Honours, and I'm --

17 JUDGE ORIE: Is it convenient to take a break right now?

18 MS. HARBOUR: It is, yes.

19 JUDGE MOLOTO: We will take a break now -- and you will be -- can

20 you be back in 20 minutes, Dr. Maric, that will be at five to 11.00.

21 Thank you so much. You may follow the usher.

22 [The witness stands down]

23 JUDGE MOLOTO: We adjourn and come back at five to 11.00. Court

24 adjourned.

25 --- Recess taken at 10.36 a.m.

Page 27592

1 --- On resuming at 10.57 a.m.

2 JUDGE MOLOTO: Yes, Mr. Ivetic.

3 MR. IVETIC: While we wait for the witness, Your Honour, I again

4 rise to clarify the record in relation to Your Honour's question at

5 transcript page 12, line 10. Paragraph 19 of the witness's statement

6 which is in evidence is as D730 does not relate to detainees at KP Dom

7 but relates exclusively to the patients in the KPD as the witness

8 testified in court so that that should hopefully clarify the record.

9 JUDGE MOLOTO: Thank you very much, I see ...

10 JUDGE FLUEGGE: Mr. Ivetic, it is at least possible to understand

11 it in a different way.

12 [The witness takes the stand]

13 JUDGE FLUEGGE: In the -- no discrimination in the treatment of

14 patients in the KPD. That may relate to treatment -- no discrimination

15 of treatments in the KP Dom.

16 MR. IVETIC: I don't know where the disconnect is. I'm talking

17 about patients as well in the KP Dom, not detainees that are not patients

18 which was the -- Your Honour's question -- Your Honour's --

19 Judge Moloto's question.

20 JUDGE FLUEGGE: It doesn't say "from KP Dom" but "in KP Dom."

21 MR. IVETIC: Agreed. Agreed.

22 JUDGE FLUEGGE: So -- and therefore it is understandable to

23 understand it in that way.

24 MR. IVETIC: To relate to patients, correct.

25 JUDGE MOLOTO: [Microphone not activated].

Page 27593

1 What Judge Fluegge is saying it is also capable to say that

2 people who are in the KP Dom treated the detainees in the KP Dom in a

3 particular fashion.

4 MR. IVETIC: In it's related to patients. Your Honour's question

5 was related to --

6 JUDGE FLUEGGE: Of course --

7 JUDGE MOLOTO: Yeah --

8 MR. IVETIC: -- persons that were not patients. It's

9 specifically included --

10 JUDGE MOLOTO: But the statement says "detainees," it doesn't say

11 "patients."

12 MR. IVETIC: It says "patients" actually, Your Honour. That's

13 why I'm rising to clarify that the statement only says "patients." It

14 does not say "detainees."

15 JUDGE MOLOTO: Okay.

16 JUDGE FLUEGGE: There is no dispute about that.

17 JUDGE MOLOTO: There is no dispute about that.

18 JUDGE FLUEGGE: But "in the KP Dom." This is --

19 MR. IVETIC: Correct.

20 JUDGE FLUEGGE: -- the problem. Yes.

21 MR. IVETIC: There is no problem there. That's correct.

22 JUDGE MOLOTO: Thank you.

23 Yes, Madam Harbour, you may proceed.

24 MS. HARBOUR:

25 Q. Dr. Maric, in October 1993 Karadzic visited Foca hospital to

Page 27594

1 celebrate the opening of the medical school; is that correct?

2 A. Karadzic and his wife visited the Foca hospital. A visit was

3 organised to the Foca hospital.

4 MS. HARBOUR: Could we please have 65 ter 31518B.

5 Q. Dr. Maric, the document I'm calling up is the transcript of a

6 radio presentation covering Dr. Karadzic's visit to the hospital in 1993.

7 The announcer states that this was Karadzic's first visit to Foca.

8 MS. HARBOUR: And if we turn to page 2 in the English and B/C/S.

9 Q. We see that Karadzic said:

10 "We had no problems in Foca, which is why we have not visited

11 before."

12 And then he ends his speech by saying:

13 "It is important for the citizens of Foca to know that the Muslim

14 republic has given up on Foca."

15 The reporter then announces that Karadzic visited the medical

16 centre.

17 MS. HARBOUR: And if we could turn to page 3.

18 Q. The reporter refers to Maksimovic, Petko Cancar,

19 Dr. Veljko Maric, and Drina Tactical Group Commander Marko Kovac. One of

20 these speakers indicated as US2 states that Karadzic could:

21 "... see today with his own eyes that life in Foca is organised

22 in a typical Serbian way ..."

23 And he goes on to praise the functional civilian government, the

24 secure front lines, the revived economy and education system.

25 MS. HARBOUR: And now if we could turn to page 4 in both

Page 27595

1 languages.

2 Q. The speaker US4, which is NG4 in B/C/S, says:

3 "We shall continue as we have performed so far and

4 President Radovan Karadzic will continue to be happy with our work. He

5 has approved our plans and encouraged us in our sound medical thinking

6 about the future and in general ..."

7 And then in the last line:

8 "... the Medical School must be the first faculty to open in our

9 new state."

10 Dr. Maric, you were NG4, the speaker who gave this last speech;

11 is that correct?

12 A. Yes.

13 Q. The next speaker was Marko Kovac, who said:

14 "I am very happy that I had the honour today to be in the

15 presence of our Supreme Commander."

16 Several lines later, he says:

17 "On behalf of the Serbian army, I am extremely grateful to our

18 Supreme Commander who spent time with us today. I wish him to continue

19 to lead us from one victory to another so we could as quickly as possible

20 defend our Serbian Republic for which he deserves a lot credit."

21 So during this event we have Karadzic saying we had no problems

22 in Foca, followed by congratulatory speeches by various leaders and

23 yourself, and concluding with Marko Kovac crediting Karadzic for the

24 situation in Foca. This event was about celebrating the success of Foca;

25 is that correct?

Page 27596

1 A. No. The visit of Karadzic with his wife and the director of the

2 University of Serb Sarajevo, Professor Maksimovic, and the visit to the

3 hospital - and at the time I was director of the hospital, as I am to

4 this day - and then there is my own statement. I stated that because I

5 was a student of the University of Sarajevo Medical School and already in

6 the beginning of 1993 we charted a strategy, to open two faculties in

7 Foca. The University of Serb Sarajevo did not operate before that, and I

8 pointed out that these should be the first two faculties of that

9 university because with academicians Starevic and Olga Blagojevic --

10 well, the three of us are the people who were in charge of that and to

11 this -- and today we have this university. I have to be quite frank.

12 Although I'm 60 years young, I really cannot say who said what then but I

13 can speak on my own behalf and say what I said then.

14 Q. Yes. And this -- the only question I had was whether this was a

15 celebration; is that correct?

16 A. No, no. It was a regular visit. It was the first time that

17 Dr. Karadzic visited the hospital with his wife. I remember that as

18 director of the hospital I went out to welcome President Karadzic

19 together with my colleagues in front of the reception area. It was no

20 celebration. What do you mean "celebration"?

21 Q. I think that we can leave it there.

22 MS. HARBOUR: Your Honours, I have no further questions.

23 JUDGE MOLOTO: Thank you very much.

24 Any re-examination, Mr. Ivetic?

25 MR. IVETIC: Yes, Your Honours.

Page 27597

1 Re-examination by Mr. Ivetic:

2 Q. Sir, I'd like to go back and talk with you about Dr. Berberkic

3 who you discussed during cross-examination at transcript page 27558

4 through 27559. You said that Dr. Berberkic left without permission.

5 What was he doing at the hospital before he left the first time without

6 permission?

7 A. Dr. Amir Berberkic is a doctor who specialised in surgery. He

8 assisted during our operations and this was training for his further

9 work. Of his own free will he left the operating rooms in the hospital.

10 Now, please don't take my word for it. Seven days, ten days, later he

11 was brought in by persons in uniform, Serb persons, they brought him in

12 as a wounded person and I performed surgery on him. There were old

13 wounds on him. It wasn't within six hours. Afterwards, he was

14 exchanged. I think that he lives in America with his family as far as I

15 know and he did visit Foca.

16 Q. If we can have some clarification. The transcript indicates that

17 you said afterwards he was exchanged, but my colleagues say that they

18 believe -- that they believe you said he was released. Which of the two

19 is accurate in describing what happened to him afterwards before he ended

20 up in America?

21 JUDGE MOLOTO: Usually we just ask the witness to repeat himself

22 because there was a -- a confusion somewhere.

23 THE WITNESS: [Interpretation] Well, he was discharged from the

24 hospital, but I really could not claim anything now because exchanges did

25 start, official exchanges. According to the International Red Cross, I

Page 27598

1 think that he was in one of these groups that were exchanged, so I infer

2 that; but I don't have exact information so that I could claim either one

3 or the other at the moment. But my conclusion is that he is alive and

4 healthy with his family in America.

5 MR. IVETIC:

6 Q. Now, you said that he was brought in as a wounded man by persons

7 in uniform. Did the -- when he was presented to you for surgery, were

8 there any notations on his medical chart regarding whom to contact after

9 the patient was treated?

10 A. Well, there was a rule. When such patients are brought in, then

11 the rule was that it would be announced when they would be discharged as

12 having been cured. So they were supposed to go home or report to

13 whoever, the police, that took him then as a prisoner of war. So that's

14 why I still stand by what I said, that he was exchanged, because POWs

15 were exchanged later on.

16 Q. Thank you. Now I'd like to move to another topic, Dr. Torlak --

17 JUDGE MOLOTO: Maybe just before you do.

18 You say "POWs." Was he a POW?

19 THE WITNESS: [Interpretation] Well, he was brought in as a

20 wounded person. I don't know.

21 JUDGE MOLOTO: That doesn't make him a POW, does it?

22 THE WITNESS: [Interpretation] He was brought in and he surgery

23 performed on him -- oh, well, then I do apologise. I mean, for me he was

24 a wounded person, he was operated on, he was treated, cured, so I agree,

25 Your Honour.

Page 27599

1 JUDGE MOLOTO: Thank you so much for the explanation.

2 Yes, Mr. Ivetic.

3 MR. IVETIC:

4 Q. Now, if we can move to Dr. Torlak. You say at transcript

5 page 27556 that he had documents from the authorities. Could you please

6 clarify for us what kind of documents and from what authorities?

7 A. Well, probably at that time one could not leave the area,

8 probably, that was covered by the local authorities without some papers

9 from the local authorities or the military authorities. I don't know

10 which documents these are, but certainly there had to be document if he

11 was given a car by Dr. Stanic to be taken to Rogatica. I mean, he must

12 have had some kind of valid documents that all people who were leaving

13 the municipality of Foca had to have at the time.

14 Q. And when you say all people had to have, would that be

15 irrespective of their ethnicity?

16 A. No.

17 Q. Then what do you mean, "all people who were leaving the

18 municipality had to have at that time"?

19 A. Yes.

20 JUDGE MOLOTO: That's not an answer to the question. The

21 question is: What do you mean?

22 THE WITNESS: [Interpretation] Well, as a surgeon, if I were to

23 leave the municipality of Foca for any reason, I had to have documents

24 stating that I was leaving and these documents would also state when I

25 was supposed to come back to my work. If there was a death, for

Page 27600

1 instance, outside Foca, or to take my child or mother somewhere, I mean,

2 I had to have certain papers in addition to a valid ID and everything

3 else. Because I was -- I was duty-bound. I had work obligation. I

4 could not just leave the hospital of my own free will to resolve my own

5 personal problems without having such papers.

6 JUDGE MOLOTO: If I may just interrupt you there. I understand

7 as a professional you say you had to do that. The question doesn't have

8 to do with professionals or status other than ethnicity. You said no you

9 don't have to be of any ethnic group to have these papers. And what the

10 lawyer is asking you is: If that is not so, then it's not all people?

11 So what do you mean by "all people"? Which are these people, ethnically

12 speaking, who had to have these documents?

13 THE WITNESS: [Interpretation] I mean all citizens -- and

14 especially we, leaving the hospital, irrespective of ethnicity, I mean,

15 we are professionals needed by the hospital so that it could function.

16 We are not in hospital because of ethnicity. All of us who were at the

17 hospital were duty-bound to carry out the work that we happened to be

18 doing at the time. Like Dr. Torlak, to visit his family in Rogatica, he

19 had to have papers stating that he could go there to see them and also

20 these papers stated when he was supposed to come back.

21 JUDGE MOLOTO: I leave it to you, Mr. Ivetic.

22 MR. IVETIC: Thank you.

23 Q. Going back to Dr. Berberkic. Did Dr. Berberkic seek such

24 authorisation to leave the hospital and leave his duty post as a doctor

25 for whatever reason, to your knowledge?

Page 27601

1 A. No, no, no. No, as far as I know.

2 Q. Now, you were asked by Ms. Harbour about wounded Muslim women and

3 children that were treated at Foca hospital. Do you have knowledge of

4 any incidents in Foca where Serb women and children were shot, wounded,

5 and/or killed during 1992?

6 A. In Foca at the 19th of December, 1992, in the area of Osanica, 56

7 civilians were killed, civilians and soldiers, belonging to three

8 generations aged 3 to 90. The following day in a field 42 Serb civilians

9 and soldiers were killed. And in 1992 at Poljici 20 persons were killed.

10 And in July 40 civilians in the area of Jabuka. These were crimes that

11 affected 100 persons per day within two days. The Foca hospital took

12 care of 2.500 persons, civilians and soldiers. Since there isn't a

13 mortuary in the city - it is the hospital that handled all of that - 650

14 dead citizens of Foca were taken care of there.

15 Q. Thank you. Now, in the last part of the cross-examination you

16 were shown a speech which involved even some words of President Karadzic

17 where he was quoted as saying:

18 "The Muslim republic has given up on Foca ..."

19 What did you understand those words to mean in the context of

20 events in Foca? What had been announced by Muslim authorities for Foca

21 prior to the war?

22 JUDGE MOLOTO: There are two questions there or more than one at

23 least. Can we split them?

24 MR. IVETIC: Yes.

25 Q. Let's go with what --

Page 27602

1 JUDGE MOLOTO: Did you understand?

2 MR. IVETIC:

3 Q. What did you understand the words uttered by Mr. Karadzic - "the

4 Muslim republic has given up on Foca" - to mean?

5 A. Probably some divisions, that Foca would not be part of the other

6 entity. That was my ...

7 Q. And now my second question: What had been announced by Muslim

8 authorities for Foca before the war?

9 A. Well, Foca is a geographical area that is between Sarajevo and

10 Sandzak. Before 1992, there were pre-election activities, big gatherings

11 of the Muslim people from all parts of the former Yugoslavia. There

12 would be 100.000 persons attending these gatherings. So Foca was

13 probably a place that was of interest. I don't know how come. Probably

14 in these global terms, this global planning and everything else in terms

15 of its geographical structure, and that gave rise to tensions and fear

16 among all the citizens of Foca.

17 Q. Doctor, I thank you for your time both yesterday and today. On

18 behalf of my client and the rest of the team I thank you.

19 MR. IVETIC: And, Your Honours, I have no further questions at

20 this time.

21 JUDGE MOLOTO: Thank you, Mr. Ivetic.

22 THE WITNESS: [Interpretation] Thank you.

23 MS. HARBOUR: I have no questions for this witness. Just I would

24 like to tender 65 ter 31518B, which was the series of speeches.

25 JUDGE FLUEGGE: Ms. Harbour, isn't it correct that most of that

Page 27603

1 was read into the transcript?

2 MS. HARBOUR: Yes, Your Honours, and the witness confirmed that

3 he was present at that event and that he indeed said some of the words

4 that were read.

5 JUDGE FLUEGGE: This -- and I asked if it is really necessary to

6 have it in evidence because everything you put to the witness was read

7 into the transcript?

8 MS. HARBOUR: Yes, Your Honours, but I did not read the entire

9 speech; it would have taken too long.

10 MR. IVETIC: I forget, did we have a translation of that one?

11 MS. HARBOUR: Yes.

12 MR. IVETIC: Okay. Its up to you, Your Honours.

13 JUDGE MOLOTO: [Microphone not activated].

14 65 ter 31518B is admitted into evidence. May it please be given

15 an exhibit number, Mr. Registrar.

16 THE REGISTRAR: Exhibit P6868, Your Honours.

17 JUDGE MOLOTO: Thank you so much.

18 MR. IVETIC: And then, Your Honours, the only remaining issue is

19 the associated exhibits, there were three of them, which I would again

20 re-tender at this time given their use in cross-examination.

21 JUDGE MOLOTO: Madam Harbour.

22 MS. HARBOUR: We have no objections, Your Honour.

23 JUDGE MOLOTO: Yes, Madam Harbour.

24 MS. HARBOUR: We have no objections.

25 JUDGE MOLOTO: Are these the long list of names?

Page 27604

1 MR. IVETIC: That's correct.

2 JUDGE MOLOTO: Can we --

3 MR. IVETIC: One is and the other two are shorter I think

4 two-page and one-page --

5 MS. HARBOUR: There's two long lists and one short one.

6 JUDGE MOLOTO: Can we defer this decision --

7 MR. IVETIC: We can, of course.

8 JUDGE MOLOTO: Thank you, Mr. Ivetic.

9 Doctor, thank you so much for coming to the Tribunal to testify.

10 This brings us to the end of your testimony at the Tribunal. You may now

11 leave. Please travel well back home. You may follow the usher.

12 THE WITNESS: [Interpretation] Thank you

13 [The witness withdrew]

14 JUDGE MOLOTO: Just before we call the next witness, let me just

15 make some corrigenda items.

16 Now, there is a Rule 92 ter statement for Nedjo Vlaski. On the

17 14th of October, 2014, in its response to the Defence's Rule 92 ter

18 motion for Witness Vlaski, the Prosecution opposed 52 paragraphs of the

19 witness's statement. The Prosecution stated it opposes these paragraphs

20 as they primarily discuss matters that occurred prior to September 1991

21 and that the statement gives information with an unclear foundation of

22 the witness's personal knowledge.

23 The Chamber acknowledges that it has previously admitted

24 statements containing certain contextual pre-indictment information as

25 well as unsourced opinions. Having reviewed the statement of

Page 27607

1 THE WITNESS: [Interpretation] Good morning.

2 JUDGE MOLOTO: Before you testify you are expected to make a

3 declaration that you will tell the truth, the whole truth, and nothing

4 else by the truth, a copy of you which has been given to you. Can you

5 please read that.

6 THE WITNESS: [Interpretation] I solemnly declare that I will

7 speak the truth, the whole truth, and nothing but the truth.

8 WITNESS: MANE DJURIC

9 [Witness answered through interpreter]

10 JUDGE MOLOTO: Thank you very much. You may be seated.

11 Mr. Djuric, you will first be examined by Mr. Stojanovic who is

12 counsel for the Defence of Mr. Mladic.

13 Mr. Stojanovic.

14 MR. STOJANOVIC: [Interpretation] Thank you. Good morning,

15 Your Honours.

16 Examination by Mr. Stojanovic:

17 Q. [Interpretation] Sir, could you please tell us your name for the

18 record?

19 A. Mane Djuric.

20 Q. Sir, did you give a statement to the Mladic Defence?

21 A. Yes, I did.

22 MR. STOJANOVIC: [Interpretation] Your Honour, I would like to

23 call up 65 ter 1D01730.

24 Q. Sir, on the left-hand side of your screen you will see -- or

25 rather, you already see a statement with a signature. Looking at the

Page 27608

1 page, could you please tell us whether the personal information is about

2 you and whether the signature is yours?

3 A. Yes, the information is correct.

4 Q. And what about the signature?

5 A. The signature is also mine.

6 Q. Thank you.

7 MR. STOJANOVIC: [Interpretation] And now let's look at the last

8 page of the document.

9 Q. Sir, you see a signature. Is it yours and did you also enter the

10 date in your own hand?

11 A. Yes, this is my signature and I entered the date myself.

12 Q. Thank you. I'm going to ask you this: When you were proofed for

13 this testimony, did you indicate a typo in paragraph 48 of your

14 statement?

15 MR. STOJANOVIC: [Interpretation] Can we please look at paragraph

16 48 in e-court.

17 Q. In paragraph 48 a typo has been made which needs to be corrected.

18 The date of the document should not be the 21st of May, 1992, but the

19 30th [as interpreted] of May, 1992?

20 A. Correct. This is a typo. Not the 21st of May, 1992, but the

21 31st of May, 1992.

22 Q. Thank you.

23 JUDGE FLUEGGE: Just to clarify. The question was about a

24 possible date of the 30th and the witness answered the 31st of May. Is

25 that correct, 31st of May, 1992?

Page 27609

1 Witness, I'm asking you.

2 THE WITNESS: [Interpretation] 31st of May.

3 JUDGE FLUEGGE: Thank you.

4 MR. STOJANOVIC: [Interpretation] Thank you, Your Honour. I just

5 wanted to indicate that on page 47, line 6 of the record, it says "30th"

6 of May" and I said the "31st of May." Thank you.

7 Q. And now that we have made a correction in the statement,

8 Mr. Djuric, if I were to put the same questions to you today after you

9 have taken the solemn declaration to tell the truth, the whole truth, and

10 nothing but the truth, would you adhere to your statement in its

11 entirety?

12 A. Yes, I would adhere to my statement in its entirety.

13 Q. Thank you.

14 MR. STOJANOVIC: [Interpretation] Your Honour, I would like to

15 tender the witness's statement into evidence. The document number is

16 65 ter 1D01730.

17 MR. TRALDI: No objections, Your Honours.

18 JUDGE MOLOTO: Thank you very much.

19 The statement is admitted into evidence. May it please be given

20 an exhibit number, Mr. Registrar.

21 THE REGISTRAR: Your Honours, Exhibit D732.

22 JUDGE MOLOTO: Thank you.

23 Yes, Mr. Stojanovic.

24 MR. STOJANOVIC: [Interpretation] Your Honour, with your leave, I

25 would also like to tender three associated documents: 1D --

Page 27610

1 65 ter 1D02341, 1D02690, and 1D02733.

2 JUDGE MOLOTO: Mr. Traldi.

3 MR. TRALDI: Yes, Your Honour. No objections as to

4 65 ter 1D02341. The other two were the subject of a correction in a

5 proofing note as to what document should be in what paragraph. And just

6 to make a link with the statement, for the record, I'd request that some

7 kind of record be laid as to what they actually relate to, either the

8 proofing note be tendered or something else be done so that we can

9 connect them in the record to the statement.

10 JUDGE MOLOTO: Mr. Stojanovic, I see you nodding and raising a

11 hand. Could you say that in words?

12 MR. STOJANOVIC: [Interpretation] That's correct, Your Honours.

13 If the Prosecutor did not have any objections, we could admit them

14 immediately. But if there are objections, I will put my questions, I

15 will -- may establish a link with paragraph 53 as I have previously

16 informed the Prosecutor and the Trial Chamber.

17 JUDGE MOLOTO: Mr. Stojanovic, my understanding of the

18 Prosecution is not that they oppose the admission, but they say can you

19 clarify certain issues because there are paragraphs that need explanation

20 and are you -- are you in a position to do that? Do you understand what

21 their concern is and are you able to attend to that so that by the time

22 we admit the documents that problem has been attended to?

23 MR. STOJANOVIC: [Interpretation] Yes, Your Honour.

24 JUDGE MOLOTO: Okay.

25 MR. STOJANOVIC: [Interpretation] I'll do it briefly. Let's look

Page 27611

1 at paragraph 53 of the statement, which has been admitted under D732.

2 JUDGE MOLOTO: Can I just stop you there. Can we finish with the

3 admission or nonadmission of exhibits before you go to paragraph 53 of

4 the statement? Has he explained that?

5 [Microphone not activated]

6 MR. STOJANOVIC: [Interpretation] Yes, Your Honour. In the

7 witness's statement there is reference to 1D13031, which supports one

8 part of the witness's statement relative to the setting up of the

9 Patriotic League and the policy pursued by the SDA with regard to the

10 admission and training of police officers.

11 The document under this number does not correspond to the text

12 because the document speaks about something entirely different, whereas

13 the documents 65 ter 1D02690 and 1D02733 would be the appropriate numbers

14 that would reflect what the witness stated in paragraph 53 of his

15 statement.

16 JUDGE MOLOTO: Now, if I may just get clarification. Which of

17 these two, 1D02690 and 1D02733, would support this paragraph and replace

18 1D13031, or do they both do the same?

19 MR. STOJANOVIC: [Interpretation] Both, Your Honour.

20 JUDGE FLUEGGE: This is not possible, Mr. Stojanovic. One

21 document mentioned with the number of the Karadzic case can't be two

22 documents in our case; this is not possible. And the confusion is -- I

23 think Mr. Traldi was referring to, is you have different numbers

24 mentioned in the attachment to your 92 ter motion and in the Defence

25 exhibit list we received some days ago.

Page 27612

1 So there are two numbers. Please clarify which one is exactly

2 that one the witness speaks about in paragraph 53.

3 MR. STOJANOVIC: [Interpretation] Your Honour, 1D02690.

4 JUDGE MOLOTO: Do we then understand, Mr. Stojanovic, that

5 1D02690 is to replace 1D13031?

6 JUDGE FLUEGGE: And in addition, can -- in addition to that, can

7 you please state the title of the document? Is it the RS MUP CSB

8 Romansko [phoen] Information or is it the SDA Executive Committee?

9 MR. STOJANOVIC: [Interpretation] Your Honour, that is the

10 document of the Executive Board of the SDA.

11 JUDGE FLUEGGE: This is -- it should be 1D02690.

12 JUDGE MOLOTO: That's the one to replace 1D13031. Okay.

13 Then where does 1D02733 fit in in the testimony of this witness?

14 MR. STOJANOVIC: [Interpretation] This is a document accompanying

15 the basic document, and it supports and spells out in more concrete terms

16 the communication from the Executive Board of the SDA.

17 JUDGE FLUEGGE: Then it is not an associated exhibit with this

18 explanation?

19 MR. IVETIC: Your Honours, it is my understanding during the

20 Karadzic case these two documents were joined as one exhibit, as is often

21 the case in these trials, and that that is why they are two documents in

22 ours.

23 JUDGE MOLOTO: I understand that. I understand that practice in

24 this trial.

25 MR. IVETIC: As a matter of fact, with the last witness we had

Page 27613

1 documents that were joined together yesterday that were multiple

2 documents in one exhibit number that were admitted by this Chamber,

3 Your Honours.

4 JUDGE FLUEGGE: But they are --

5 JUDGE MOLOTO: Could I -- could I suggest -- we are not in

6 combat. When one counsel stands up, could the other sit down.

7 Yes, Judge.

8 JUDGE FLUEGGE: The problem is that you confused the numbers in

9 the list that you have provided the Chamber with, and we just want to

10 know where the numbers appear under which title in which paragraph of the

11 statement; otherwise, we can't admit them as associated exhibits.

12 MR. STOJANOVIC: [Interpretation] So, Your Honours, in the

13 document that we submitted to you as associated exhibits for the

14 statement of this witness, we said that for paragraph 53 we are going to

15 use these two documents as associated exhibits. According to 65 ter,

16 they have the numbers that we have already referred to.

17 JUDGE MOLOTO: Are you saying the SDA archive reports deal with

18 what you would call in paragraph 53 the policy of the SDA?

19 MR. STOJANOVIC: [Interpretation] Yes, Your Honour. According to

20 the information I have, in the Karadzic case it was one document and we

21 informed you in writing on the 22nd of September.

22 JUDGE FLUEGGE: I would suggest to -- to save time and to clarify

23 the situation that you show both documents by asking the witness in

24 relation to the content of paragraph 53, and then we can admit them as

25 associated exhibits or as separate documents. We don't know how they are

Page 27614

1 uploaded and the problem, again, is the confusion created by the two

2 lists. Therefore --

3 MR. STOJANOVIC: [Interpretation] Thank you, Your Honour. That's

4 what we are going to do.

5 Could we please have 1D2690 in e-court -- 1D02690.

6 Q. Mr. Witness, you have a document before you?

7 A. Yes.

8 Q. My question: Have you had an opportunity to see this document

9 earlier on and does this document refer to what you testified about in

10 paragraph 53?

11 A. Yes, that's correct. I've seen this before and it has to do with

12 the training of policemen in other areas. It's a document sent by the

13 SDA.

14 MR. STOJANOVIC: [No interpretation]

15 JUDGE FLUEGGE: We didn't receive interpretation.

16 THE INTERPRETER: Can you hear the English booth now?

17 JUDGE FLUEGGE: Yes.

18 MR. STOJANOVIC: [Interpretation] Could we please have another

19 document in e-court, 1D02733.

20 Q. Mr. Witness, could you please tell the Court what this document

21 says?

22 A. It says how trainee policemen are to be admitted in the training

23 centre of the MUP of the Republic of Croatia.

24 Q. Does this document say who it is that is sending MUP employees of

25 Bosnia-Herzegovina to be trained in the MUP of the Republic of Croatia?

Page 27615

1 A. SDA headquarters.

2 Q. Can you tell us whether one can see on the basis of this document

3 what the name of candidate is, the candidate who was sent?

4 THE INTERPRETER: Interpreter's note: We no longer hear the

5 witness.

6 JUDGE MOLOTO: Witness, the interpreters can't hear you. Could

7 you please try to speak closer to the mike without coming too close. But

8 if you stand away from it, then we don't hear.

9 Can you repeat your question?

10 THE WITNESS: [Interpretation] I can see the first name, it is

11 Mirsad, but the last name is illegible.

12 MR. STOJANOVIC: [Interpretation]

13 Q. Is that a Muslim name?

14 A. Yes.

15 Q. Thank you.

16 JUDGE MOLOTO: Where do we find that in the English,

17 Mr. Stojanovic? I see something written in the English handwritten

18 question -- question mark Fadil Polic, and then slash -- forward slash.

19 MR. STOJANOVIC: [Interpretation] Yes, Your Honour. This name

20 that you have before you is, I think, the third page of the document in

21 B/C/S because now these are several documents sending several different

22 persons.

23 So in B/C/S could we please take a look at this document -- or

24 rather, its third page. I apologise, the second page. The second page.

25 Thank you.

Page 27616

1 Q. Mr. Witness, can you see the name of the candidate that is being

2 sent for training to the MUP of the Republic of Croatia?

3 A. It's so dark. I cannot discern it.

4 MR. STOJANOVIC: [Interpretation] Could we zoom in on this darker

5 area where there is a handwritten note.

6 Q. Can you read it now?

7 A. Sadik, roughly, that's the first name; and the last name is

8 illegible again. No, it's Fadil maybe.

9 Q. All right. Thank you.

10 JUDGE MOLOTO: Can I -- now, Mr. Stojanovic, obviously this

11 document is more than one page. How many pages is it? Now we're going

12 to tender all these names?

13 MR. STOJANOVIC: [Interpretation] That's right.

14 JUDGE MOLOTO: And how many pages is this document?

15 MR. STOJANOVIC: [Interpretation] Your Honour, this document

16 consists of -- I just need a moment. 40 pages, Your Honour, with

17 different names of persons who are enrolled in the course.

18 JUDGE MOLOTO: Okay. Now paragraph 53 is talking about policy.

19 You now want to give 40 pages of individual recommendations which are

20 repeating the same fact. Would one not be sufficient as a demonstration

21 of that policy?

22 MR. STOJANOVIC: [Interpretation] I think so, Your Honour, if

23 there is no dispute between us that all of these persons are ethnic

24 Muslims.

25 JUDGE MOLOTO: We will come to that. You can verify that with

Page 27617

1 the opposite counsel.

2 And the other document, 1D02690, was it a one-pager or was it

3 also several pages?

4 MR. STOJANOVIC: [Interpretation] Just one page, Your Honour.

5 JUDGE MOLOTO: Thank you so much.

6 Mr. Traldi --

7 MR. TRALDI: Ah.

8 JUDGE MOLOTO: -- does this resolve your problems?

9 MR. TRALDI: Yes, no objections to 65 ter 1D02690 and we're happy

10 to speak to the Defence. I admit off the top of my head, I'm unable to

11 speak to the ethnicity of the names.

12 JUDGE MOLOTO: Okay.

13 Is that okay by you?

14 Okay, so we defer the admission of that 02733 until you have

15 spoken.

16 MR. TRALDI: That would be my proposal, Your Honour.

17 JUDGE MOLOTO: Okay. Thank you so much.

18 Mr. Registrar, 1D02341 is admitted into evidence. May it please

19 be given an exhibit number.

20 THE REGISTRAR: Exhibit D733, Your Honours.

21 JUDGE MOLOTO: Thank you.

22 And 1D02690 is also admitted. May it please be given an exhibit

23 number.

24 THE REGISTRAR: Exhibit D734, Your Honours.

25 JUDGE MOLOTO: Thank you very much.

Page 27618

1 Mr. Stojanovic, I notice it's time for a break. Would that be a

2 convenient time?

3 MR. STOJANOVIC: [Interpretation] Yes, Your Honour. After the

4 break, I don't think I'll need more than ten minutes or so.

5 JUDGE MOLOTO: Thank you so much.

6 JUDGE FLUEGGE: One observation, Mr. Stojanovic. The last

7 document we now have admitted into evidence was not listed as an

8 associated exhibit in your 92 ter motion. I just want to clarify that.

9 This created the problem.

10 MR. STOJANOVIC: [Interpretation] You're right, Your Honour. And

11 that is why on the 22nd of September we submitted a document stating that

12 we would be using this document as well.

13 JUDGE MOLOTO: And just to round off this topic, is it correct

14 that then D733 and D734 replace in paragraph 53 of the witness's

15 statement 1D13031?

16 MR. STOJANOVIC: [Interpretation] That's right, Your Honour.

17 JUDGE MOLOTO: Thank you so much.

18 Mr. Registrar, to the extent that it affects your department, can

19 you attend to that.

20 THE REGISTRAR: Yes, Your Honour. That will be noted.

21 JUDGE MOLOTO: Thank you.

22 Yes, Mr. Traldi.

23 MR. TRALDI: Just for the record, I think 1D13031 is the Karadzic

24 case number which was used --

25 JUDGE MOLOTO: Okay.

Page 27656

1 possession of weapons were all Muslims; right?

2 A. Yes.

3 Q. And when -- and when you looked -- when you did your -- when you

4 did your review -- I'm afraid both of my microphones have stopped

5 working.

6 THE INTERPRETER: No, they haven't. You're fine.

7 MR. TRALDI: Am I? Okay.

8 Q. When you did your review of the log-book, you didn't see any

9 registered reports against Serbs for crimes committed against non-Serbs;

10 right?

11 A. I am not aware of the structure of crimes, but there was a total

12 of 125 crimes. I suppose that criminal reports were filed for at least

13 some of those crimes.

14 Q. Well, I'm asking specifically of reports for crimes against

15 non-Serbs committed by Serbs, and you didn't see any registered reports

16 regarding such crimes, did you?

17 A. Correct. There was just one murder, a Serb killed another Serb

18 and a criminal report was filed for that.

19 Q. When you say there was just one, you refer to a Serb killing

20 another Serb, were all 124 -- all of the other 124 reports against

21 Muslims?

22 A. No. I don't have the structure of those 128 crimes before, but

23 those were various crimes, thefts, aggravated thefts, all sorts of

24 violations of the law.

25 MR. TRALDI: Well, could we have 65 ter 31509 --

Page 27657

1 JUDGE MOLOTO: Just before we do that, can I get back.

2 You said no to the question whether all the other 124 reports

3 were against Muslims. And then you said you don't have the structure of

4 those crimes. Do we have to understand that in fact you do not know

5 whether all 124 were Muslims?

6 THE WITNESS: [Interpretation] I don't know exactly. I think that

7 that was not --

8 JUDGE MOLOTO: Thank you so much.

9 MR. TRALDI: Could we have 65 ter 31509, page 241.

10 Q. And this will be part of one of the interviews that you had with

11 the Tribunal as a suspect. So starting at the beginning of the page --

12 it's a very long interview so I'm afraid that we have we have only have

13 it in English. I'll begin reading at line 13.

14 "Let me ask you this: Did you file any criminal reports

15 regarding crimes committed by Serbs against non-Serbs during this

16 time-period? And you looked at the log-book, so perhaps that refreshed

17 your memory. Did you file any crimes -- or criminal reports against

18 Serbs?"

19 And you responded:

20 "I think I didn't see any registered reports."

21 Now, does that refresh your recollection as to whether there were

22 any registered reports in the log-book in Vlasenica in 1992 for crimes

23 committed by Serbs against non-Serbs?

24 MR. STOJANOVIC: [Interpretation] Objection.

25 JUDGE MOLOTO: Yes, Mr. Stojanovic.

Page 27658

1 MR. STOJANOVIC: [Interpretation] I am afraid that there is

2 ambiguity. What is it that the Prosecutor is asking when he says

3 "registered"?

4 JUDGE MOLOTO: Before you ask that question, can you tell us what

5 is the -- [Microphone not activated].

6 THE INTERPRETER: Microphone for the Presiding Judge, please.

7 JUDGE MOLOTO: I beg your pardon.

8 Before you ask that question, can you tell us what is the

9 ambiguity that you are objecting to?

10 MR. STOJANOVIC: [Interpretation] Your Honour, I would like to ask

11 that you first see with the witness whether he speaks the English

12 language, and then if he does not could he please be asked to take off

13 his headphones.

14 JUDGE MOLOTO: Mr. Djuric, do you speak English at all? I saw

15 you looking at the screen earlier.

16 THE INTERPRETER: Interpreter's note: We cannot hear the

17 witness. There is a lot background noise from different microphones.

18 JUDGE MOLOTO: Can you answer my question? The interpreters

19 didn't hear you, Mr. Djuric.

20 MR. STOJANOVIC: [Interpretation] Your Honour, it won't work

21 because my English is not good enough for me to address you in English,

22 so I will just try to be clear enough. I do apologise.

23 The question is vague because I think that the witness should be

24 asked about the registers that are actually being referred to, where

25 perpetrators of criminal acts are registered. There are different

Page 27659

1 registers in the nomenclature in Bosnia-Herzegovina at that time.

2 JUDGE MOLOTO: Well, as I understood the questions by the

3 Prosecutor, there was no distinction made of different registers. The

4 question was you reviewed your registers? Yes. You did not see any

5 crimes committed by Serbs against non-Serbs - did not see - and in this

6 interview he says yes he did not see. And he didn't ask for the

7 log-book.

8 MR. TRALDI: If it's the term "registered reports" that

9 Mr. Stojanovic is interested in, I can ask the witness to explain the

10 significance of that. Is that right?

11 JUDGE MOLOTO: Mr. Traldi is making an offer which the Chamber

12 will allow him to do.

13 MR. TRALDI:

14 Q. Sir, can you explain the significance of a registered report in

15 the process of initiating and bringing criminal proceedings in SJB

16 Vlasenica in 1992?

17 A. Here specifically, as far as I understand things, this is the

18 situation: There is an internal book, the K registered in the crime

19 prevention service, and then there is also a log-book at the prosecutor's

20 office. And now the question is whether, as far as these records are

21 concerned, the ones that you are dealing with, is it the records of the

22 prosecutor's office or the public security station. Just that.

23 Q. And so when you said you didn't see any registered reports in the

24 log-book you reviewed, which book would registered reports refer to?

25 A. As far as I can remember, I think that what was shown to me was

Page 27660

1 the prosecutor's office log-book, because all the crimes registered at

2 the police station do not have to be included in the prosecutor's office

3 book, so part of it is in the -- I mean, rather the number does not have

4 to be the same of the crimes registered at the public security station

5 and the crimes registered at the prosecutor's office. Usually there is

6 less at the prosecutor's office.

7 MR. TRALDI: Your Honours, I see the time. I'd ask for two or

8 three more questions on this topic just to close it for continuity.

9 JUDGE MOLOTO: Yes, I also had some questions. Okay. You may

10 proceed.

11 MR. TRALDI:

12 Q. At what stage -- well, let me actually try to make this very

13 short. A person can't be convicted or judicially punished for a crime

14 without the crime first having being registered in the prosecutor's

15 log-book; right?

16 JUDGE MOLOTO: Did you say a person "can" or "can't," Mr. Traldi?

17 MR. TRALDI: I said a person who can't, but let me make sure the

18 witness understood.

19 Q. It is not possible for a person to be convicted or punished

20 without the crime being in the prosecutor's log-book?

21 A. Correct.

22 Q. So regardless of what investigations might have been done at the

23 investigative stage by the police, it's correct that if the prosecutor's

24 log-book contains no reports of crimes by Serbs against non-Serbs, no one

25 was convicted or judicially punished for such a crime; right?

Page 27661

1 A. Correct.

2 Q. And it's correct that when you reviewed that log-book, you saw no

3 such reports; right?

4 JUDGE MOLOTO: Was that the prosecutor's log-book?

5 MR. TRALDI: Yes.

6 Q. Sorry, sir. Your answer wasn't recorded. It's correct that when

7 you reviewed that log-book you saw no reports of crimes by Serbs against

8 non-Serbs; right?

9 A. That's right. If that's what I said then, then I think that's

10 the way it is.

11 MR. TRALDI: Your Honour, I think you also had a couple of

12 questions. That completes mine for the moment.

13 JUDGE MOLOTO: You have disposed of them.

14 MR. TRALDI: May I have just one final one for the day.

15 Q. Sir, you said a moment ago that you would file criminal reports

16 against police officers who were believed to have committed crimes.

17 Clearly no police officers were convicted in Vlasenica for crimes against

18 non-Serbs in 1992; right?

19 A. That's right.

20 MR. TRALDI: Thank you, Your Honour.

21 JUDGE MOLOTO: Thank you, Mr. Traldi.

22 Sir, we've come to the end of the day. We're going to break

23 until tomorrow and we would like to see you tomorrow -- I beg your

24 pardon, until Monday. Unfortunately, you still have to be re-examined by

25 the Defence, so we'll see you on Monday morning at 9.30 in the morning.

Page 27662

1 Is that right? Do you understand that?

2 THE WITNESS: [Interpretation] Yes.

3 JUDGE MOLOTO: Now before you go, I just want to warn you that

4 you may not speak or communicate with anybody whose -- whichever person

5 it might be in connection with the testimony that you gave today or the

6 testimony you still have to give on Monday, okay? Neither by writing or

7 verbally. Is that understood?

8 THE WITNESS: [Interpretation] Yes.

9 JUDGE MOLOTO: Thank you so much.

10 JUDGE FLUEGGE: Mr. Traldi, I take it you haven't concluded your

11 cross-examination yet?

12 MR. TRALDI: I -- that was all I was going to say and to hope

13 that the Chamber's interpretation that I was done for the moment as

14 possibly meaning I was done was not a hopeful interpretation.

15 JUDGE MOLOTO: The Chamber unreservedly withdraws that hopeful

16 interpretation. Thank you so much.

17 Okay. You'll still be cross-examined on Monday when we come

18 back. You may follow the usher.

19 [The witness stands down]

20 JUDGE MOLOTO: We stand adjourned until Monday, the 3rd of

21 November, at 9.30 in the morning in this very courtroom. Court adjourned.

22 --- Whereupon the hearing adjourned at 2.23 p.m.,

23 to be reconvened on Monday, the 3rd day of

24 November, 2014, at 9.30 a.m.