Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5573

1 Tuesday, 25 September 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.19 p.m.

5 JUDGE PARKER: Good afternoon.

6 We understand there are some procedural issues to be raised before

7 the next witness.

8 Mr. Mettraux.

9 MR. METTRAUX: Good afternoon, Your Honours, thank you for giving

10 us a minute before the hearing.

11 I can indicate that thanks to a clarification we received from the

12 Prosecution yesterday and two of the four matters which were at stake have

13 now been resolved. So there are simply two very short matters which I

14 would like to bring to the Court's attention in relation to this witness,

15 Your Honour.

16 The first concern a couple or perhaps three documents which we may

17 use with this particular witness. We have received these documents,

18 perhaps I should ask to go into private session, Your Honour, I apologise.

19 JUDGE PARKER: Private.

20 [Private session]

21 (redacted)

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25 (redacted)

Page 5574

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10 (redacted)

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20 [Open session]

21 MS. REGUE: Your Honour, good afternoon. The Prosecution calls

22 witness Nazim Bushi.

23 JUDGE PARKER: Thank you.

24 [The witness entered court]

25 JUDGE PARKER: Good afternoon. Would you please read aloud the

Page 5575

1 affirmation on the card given to you.

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

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


5 [Witness answered through interpreter]

6 JUDGE PARKER: Thank you. Please sit down.

7 Ms. Regue has some questions for you.

8 MS. REGUE: Thanks, Your Honour. We have some binders for Your

9 Honours and for the Defence and the witness, so maybe we can distribute

10 them at the beginning.

11 JUDGE PARKER: Thank you.

12 MS. REGUE: Thank you.

13 Examination by Ms. Regue:

14 Q. Good afternoon, sir. Is your name Nazim Bushi?

15 A. Yes.

16 Q. Are you a Macedonian citizen of Albanian ethnicity?

17 A. Yes.

18 Q. Have you ever been a member of the NLA?

19 A. Yes.

20 Q. During which time-period you were a member of the NLA?

21 A. I was a member in 2001, from July until the 26th of September.

22 Q. In which unit did you belong and which rank did you hold within

23 the NLA during this time-period?

24 A. I belonged to the NLA unit Brigade 114, brigade commander.

25 Q. Which was your nickname as a member of the NLA?

Page 5576

1 A. My nickname was Commander Adashi.

2 Q. Could you briefly describe your professional background before you

3 joined in the NLA in July 2001?

4 A. Before I joined the NLA, I was an officer in the former Yugoslav

5 army from 1987 to 1992.

6 From 1992 to 2001, I was an army officer in the Republic of

7 Macedonia army.

8 Q. And could you also briefly describe your professional and

9 educational background after you left the NLA in September 2001?

10 A. I followed the pedagogical academy, where I graduated in December

11 of 2004.

12 Q. What about your professional experience after you left the NLA?

13 A. I was engaged in political activities after the war. We were

14 engaged in the formation of branches. I was in the capacity of assistant

15 coordinator for the formation of the BDI branches in Skopje.

16 Q. Within which political party were you working for?

17 A. Democratic unit for integration, BDI.

18 Q. Are you still a member of this political party?

19 A. Yes, I am.

20 Q. Are you holding any official position within this political party

21 right now?

22 A. At the moment, no. I am an ordinary activist like any other party

23 member.

24 Q. Now, Mr. Bushi, which was the Albanian representation in the

25 Macedonian public institutions in 2001?

Page 5577

1 A. You mean prior to 2001 or in 2001?

2 Q. Prior to 2001 and even during the crisis of 2001 -- and also

3 during the crisis of 2001.

4 A. The Albanians were very little represented in the state and public

5 institutions.

6 Q. Which was the use and the status of the Albanian language in these

7 public institutions?

8 A. The Albanian language was very -- the use of the Albanian language

9 was very restricted both orally and in writing. We didn't have many

10 opportunities to use it.

11 Q. What about the right to learn in Albanian?

12 A. Until 2001, there was only one faculty, the higher pedagogical

13 school, where teaching was done in Albanian and branch in the Faculty of

14 Theology even though Albanians have always demanded to have possibilities

15 for education in the Albanian language.

16 Q. As a result of these facts which was the general feeling among the

17 Albanian population in 2001?

18 A. Before coming to 2001, I would have very much liked if you give me

19 the possibility, to give you a presentation of the situation before that.

20 Q. Could you please simply explain very briefly to Your Honours which

21 was the general feeling among the Albanian population due to the facts

22 that you have exposed?

23 A. The sentiment was very bad from 1990 onwards with the

24 establishment of Albanian political parties and the establishment of a new

25 Macedonian government and state. After the first parliamentary election,

Page 5578

1 with the establishment of independent Macedonian institutions, the

2 Macedonian parliament, the Macedonian government, television, academy and

3 other institutions started to -- Macedonians.

4 After the establishment of the first party, PPD which tried to

5 articulate all the demands of the Albanians through the Macedonian

6 institutions, they fell into deaf ears on the Macedonian government. We

7 felt totally discriminated in all the Macedonian institutions .

8 Q. Thanks, Mr. Bushi. Why did you decide to leave the Macedonian

9 army and join the NLA in July 2001?

10 A. The main cause was that with the outbreak of the war in Macedonia

11 on the 14th of February, 2001, I personally couldn't remain in an army

12 which had the logo of the Macedonian Republic, when the Macedonian army

13 and police killed my brothers.

14 Q. Mr. Bushi -- sorry, I interrupt you?

15 A. I had something else to add to it.

16 From that time, I had taken medical leave for a long period of

17 time, so on the 9th of June of 2001, a group of policemen, the special

18 intervention unit and some others, many others, came to arrest me.

19 Q. Were you released at some point after you were arrested?

20 A. No. I was kept there for two days. Initially they took me to a

21 police station Avtokomanda and then they put a sack over my head. And in

22 two days, I couldn't see anyone, I couldn't recognise anyone, they changed

23 my location three times, they tortured me greatly and finally they just

24 dumped me on -- on the mountain, Vodno mountain, and I was almost -- I had

25 almost fainted.

Page 5579

1 Q. Did you learn at some point the reason of your arrest?

2 A. The reason they gave me was that I was assisting the NLA during

3 the time I was on medical leave and that they are asking me for -- to tell

4 them the names of some other persons.

5 Q. Thanks. Mr. Bushi, why the NLA was created? Which was the raison

6 d'etre of the creation of the NLA?

7 A. The raison d'etre for the creation of the NLA, dated back from the

8 1990s to 2001, and the reasons were what I mentioned earlier; namely, the

9 total discrimination of Albanians, something which they could no longer

10 take, until the establishment of a force which was called NLA.

11 Q. What was the NLA trying to achieve? What were the main goals of

12 the NLA?

13 A. The main goals of the NLA were for the Albanian people to feel

14 equal with the Macedonian people and nothing more than that.

15 Q. Mr. Bushi, now, you as a brigade commander, I believe you're quite

16 familiar with the structure, the general structure of the NLA. Where were

17 the general headquarters located in 2001? Of the NLA, excuse me.

18 A. The headquarters for the NLA for a brief period was in Prizren.

19 Then it was transferred to Shipkovice.

20 Q. Who was the military leader of the NLA?

21 A. The main leader was Ali Ahmeti.

22 Q. I'm referring, Mr. Bushi, within the military leadership of the

23 NLA. Who was holding the highest position within the military branch?

24 A. General Gezim Ostreni.

25 Q. And who else was within the military leadership of the NLA close

Page 5580

1 to Gezim Ostreni?

2 A. There was Nazmi Beqiri, Dreni, Isa Xhaferi, Isad Demiri, Fatmir

3 Dehari.

4 THE INTERPRETER: Could the witness be asked to repeat the last

5 names, we couldn't get them.

6 MS. REGUE: Mr. Bushi, could you repeat the last names for the

7 record? Interpreters were not able to get them.

8 A. Nazmi Beqiri, Commander Iliri; that was a pseudonym. Dreni, Arun

9 Aliu, Zulfi Adili, Fazliu Veliu, Fatmir Dehari, Musa Xhaferi, and many

10 others.

11 Q. What about the political leader of the NLA?

12 A. The political leader was Ali Ahmeti.

13 Q. Who else was within the political leadership of the NLA close to

14 Ali Ahmeti?

15 A. There were some of the names I mentioned earlier, those were

16 members of the General Staff, and Nazmi Beqiri and Dreni.

17 Q. Thanks. And how many brigades had the NLA in July, August 2001?

18 A. In July of 2001, there was brigade 100 to -- 12, 13, 14, 15

19 and 16. There was also another brigade which was standing at combat

20 readiness, 111.

21 Q. Was there any plan to create another brigade which was not finally

22 set up?

23 A. No. No. There was a special plan in the event of agreement, like

24 the Ohrid agreement being signed.

25 Q. Mr. Bushi, who was issuing orders?

Page 5581

1 THE INTERPRETER: Correction, in the event -- the agreement not

2 being signed.

3 A. General Gezim Ostreni.


5 Q. Well, my question for the -- to have it fully in the record is:

6 Who was issuing orders to the commanders of the Brigade, and the witness

7 answered Gezim Ostreni.

8 And to whom you, as a brigade commander, report within the

9 structure -- the military structure of the NLA?

10 A. We reported to General Gezim Ostreni.

11 Q. How normal person would join the NLA?

12 A. It was done on a voluntarily basis, so anyone who so wished could

13 join the NLA.

14 Q. Excuse me, Mr. --

15 A. -- could go with the help of someone he knew, up to the base or

16 the chief of the mobilisation, we call them, of brigade, 114. From that

17 moment onwards, he, after taking the oath, he filled in a mobilisation

18 form filling in his personal data and he -- there was a training centre

19 there.

20 Q. Can I stop you there, Mr. Bushi, for a second. You mentioned that

21 there was a training centre there. Are you talking about the 114th

22 Brigade?

23 A. Yes.

24 Q. Where was this training centre located?

25 A. It was located in Matejce.

Page 5582

1 Q. Could you please briefly describe about this training that new

2 recruits would have to follow?

3 A. They underwent military training. They were familiarised with the

4 weapons of 114th Brigade. Then they were informed of international

5 conventions, not to shoot at civilian population, not to kill a -- war

6 hostages and so on, and to now how to administer the first aid, which was

7 given by a doctor.

8 Q. This voluntarily basis that you mentioned as a rule to enter the

9 NLA was also applicable when someone wanted to leave the NLA.

10 A. Yes. Yes. Someone who wanted to leave the NLA should -- could

11 do so upon notification.

12 Q. Mr. Bushi, which sort of uniforms were the NLA members wearing?

13 A. The NLA members at that time had uniforms of a German make, most

14 of them. For sometime we had Turkish uniforms, but this didn't last for

15 long because they were of a bad quality. Part of the commanding staff had

16 American uniforms.

17 Q. Were also uniforms of another colour, different than camouflage

18 uniforms?

19 A. There were also black uniforms worn by members of the special

20 unit.

21 Q. Was it mandatory to wear uniforms?

22 A. Yes, it was.

23 Q. Had these uniforms any sort of insignias, patches on them?

24 A. Yes. On the left arm it was the NLA insignia, and in the middle

25 it was the rank.

Page 5583

1 Q. Would this rank -- sorry. Would --

2 MS. REGUE: Your Honours could we please go to 65 ter 778.10. It

3 is tab 11 in your binders. ERN is R062-6967 to 6968. 68.

4 Q. Do you recognise --

5 MS. REGUE: If we could please --

6 A. Yes, these were the NLA ranks. From an ordinary private to

7 general lieutenant. There are others as well. Not all of them are

8 represented in this paper.

9 Q. Could you please read aloud the different ranks starting with

10 number 1 to number 6, please.

11 A. Lieutenant-general, lieutentant-general major [as interpreted],

12 brigade-general, lieutenant, lieutenant-colonel, and major.

13 MS. REGUE: Could we please go to the next page.

14 Q. Could you also please read aloud starting with number 7 until

15 number 11 the different ranks displayed in these insignias.

16 A. Captain, Sergeant, Sergeant first class.

17 Q. Thanks. On which basis the different ranks were awarded?

18 A. The ranks were assigned on the basis of the military formation in

19 place, and on the basis of the rules of the NLA. As the time went by,

20 these ranks were assigned on merit as well.

21 MS. REGUE: Your Honours, I will seek to tender this document into

22 evidence.

23 JUDGE PARKER: It will be received.

24 THE REGISTRAR: As Exhibit P455, Your Honours.


Page 5584

1 Q. Mr. Bushi, how often did you report to your superior, Mr. Gezim

2 Ostreni?

3 A. We had contacts on a daily basis. The report went in three ways.

4 The first way was by satellite phone; the second through e-mail; and the

5 third by a code that we used for communication between the General and our

6 brigade.

7 Q. Which was the purpose of these communication?

8 A. The purpose of this communication was to directly inform the

9 General, Gezim Ostreni, about the situation inside the brigade, the

10 carrying out of the duties that the brigade had during that particular

11 day, and what the plans were for the next day.

12 MS. REGUE: Could we please display 65 ter 778.9 it's tab 10 of

13 the binders and the ERN is R062-6933 until 6935. If we could go first to

14 the first page. The next one, please. If we could have an English

15 version.

16 Q. Mr. Bushi, do you recognise this regulation?

17 A. Yes. As I said earlier, this is the code of conversation.

18 Q. Did you apply this regulation and its content during your daily

19 work?

20 A. Yes. Yes, up to the last point.

21 Q. Which was the main purpose of such a regulation?

22 A. The purpose of the code of communication and the rules of the NLA

23 was for the others not to be aware of the conversations we were having

24 amongst us.

25 MS. REGUE: Your Honours, I will seek to tender this regulation

Page 5585

1 into evidence.

2 JUDGE PARKER: It will be received.

3 THE REGISTRAR: As Exhibit P456, Your Honours.


5 Q. Did you have personnel meetings with your superiors, meaning Ali

6 Ahmeti and Gezim Ostreni.

7 A. Yes, I did. The first meeting with General Gezim Ostreni was in

8 Prizren. While the second the second meeting I had was with both of them,

9 Ali Ahmeti and Gezim Ostreni, and it took place in Likov.

10 Q. Which were the purposes of these meetings?

11 A. The purpose of these meetings on the part of the General Gezim

12 Ostreni and the supreme commander Ali Ahmeti was to inform themselves

13 about the brigades, about the needs of the NLA, of the degree of how -- to

14 what extent the rules were respected by the NLA members and the future

15 tasks and duties.

16 Q. Did you have meetings with commanders of other brigades?

17 A. I only had a meeting with the 113 Brigade commander, Saliu Ukshini

18 [phoen], aka Sokoli, because we were in the same zone while with the other

19 commanders I mainly had contact through phones.

20 Q. Which was the purpose of such meetings with the commander of the

21 113th?

22 A. The purpose of these meetings was to coordinate things between the

23 two brigades because we shared the area of responsibility.

24 Q. Mr. Bushi, in which way the NLA communicated its positions, its

25 calls, to the broader public, to the Albanian population?

Page 5586

1 A. Through communiques.

2 Q. Could we please display 65 ter 730. It's tab 2 of Your Honour's

3 and my learned colleagues' binders.

4 We see here a communique signed by Ali Ahmeti and dated 11th

5 August 2001 where Ali Ahmeti show the NLA concerned about the coming

6 signature of the Ohrid Agreement which the NLA supported because

7 Macedonia -- Macedonian -- Macedonian government was continuing with

8 repressing activities and also we see that the Ljuboten events are also

9 mentioned.

10 Is this an example of a communique that the -- Ali Ahmeti would

11 issue within the NLA?

12 A. Yes.

13 MS. REGUE: Your Honours, I will seek to tender this document into

14 evidence.

15 JUDGE PARKER: It will be received.

16 THE REGISTRAR: As Exhibit P457, Your Honours.

17 MS. REGUE: Could we please show 65 ter 731. It is tab 3 of the

18 binders. 731, ERN R062-6632.

19 Otherwise we could work in a hard copy if it is not in e-court.

20 It is not in e-court.

21 Your Honours, do you wish me to place the document into the ELMO,

22 as I think that everybody has a hard copy, we could just read them.

23 Q. Mr. Bushi, you have the document in tab number 5 -- excuse me, tab

24 number 3.

25 A. Yes.

Page 5587

1 Q. This communique is dated the 14th of August of 2001, also signed

2 by Ali Ahmeti, who is reporting about a meeting held on the 14th of August

3 between the NATO special and himself where an agreement was signed. The

4 agreement envisaged the arrival of the NATO troops and also the NLA

5 demilitarisation.

6 Mr. Bushi, is this another example of a communique that Ali Ahmeti

7 would issue?

8 A. Yes.

9 MS. REGUE: Your Honours, I will seek to tender this document into

10 evidence.

11 JUDGE PARKER: It will be received.

12 THE REGISTRAR: As Exhibit P458, Your Honours.


14 Q. Mr. Bushi, when you joined the NLA, which was the main task

15 assigned to you by Gezim Ostreni?

16 A. My main task was to establish the structure of the 114th Brigade,

17 starting from the battalions, and down to companies and platoons, and this

18 was to be carried out pursuant to the rules of the NLA, military rules.

19 Q. Could you please explain us a bit more about these battalions,

20 companies, and platoons. Could you please explain us how many did you

21 have and who were the commanders?

22 A. The 114th Brigade had two battalions, the 1st and the 2nd

23 Battalion. The commander of the 1st Battalion was Sahid Ahemiti, aka

24 Commander Kabashi, the commander of the 2nd Battalion was Ilir Tahir

25 Sylaj.

Page 5588

1 Q. Which other structure -- which other unit were below the

2 battalions?

3 A. There were military units known as companies, platoons, and

4 squads.

5 Q. Did -- had the 114th Brigade any special unit within its

6 structure?

7 A. There were two special units which were directly under my command,

8 the special unit known as Arusha, and the other unit called Teli.

9 Q. Arusha and Teli are individuals, are persons?

10 A. Arusha and Teli were also persons, but the units were also named

11 after them.

12 THE INTERPRETER: Interpreter's note, that the second unit Teli is

13 a special reconnaissance sabotage unit.


15 Q. Could you please state the name of the commanders of the two units

16 and also which were the main tasks of these units?

17 A. Nazmi Sulejmani aka Arusha and Lefter Gaxhaj, aka Teli. The task

18 of the first special unit known Arusha was rapid intervention within the

19 framework of the brigade in the front lines, while the task of the second

20 special unit, the sabotage reconnaissance unit, was to go outside the

21 border of the front line and collect information.

22 Q. Where was the headquarters of your brigade located?

23 A. The 114th Brigade headquarters was situated in the village of

24 Nikustak, Kumanovo area.

25 Q. How many people were in your brigade?

Page 5589

1 A. About one thousand.

2 Q. Could you also name the staff of your brigade and the positions

3 that they were holding?

4 A. Yes. The commander of the brigade was Nazim Bushi known as

5 commander Adashi. Deputy commander was Halil Paloshi, S-1 Ragmi Emini,

6 aka Musteqja was chief of personnel and mobilisation issues. S-2, Baki

7 Mustafa, intelligence and counterintelligence officer. Ramadan Limaj,

8 known as commander Kitra, chief of operations. Xhavit Hasani, officer for

9 morale and information. Selam Hasani, chief of logistics. Amzi Amziju,

10 communications and my personal secretary. Commander of the police, Jahi

11 Nuju. And the head of the military hospital, Rivdan Bajrami?

12 Q. Who if any of your subordinates was authorised to issue orders on

13 your behalf?

14 A. Only Halil Paloshi had this authorisation to issue orders in my

15 behalf, but I would like to stress here, only in my absence. If I'm not

16 present.

17 Q. To your knowledge, did every exercise this authorisation?

18 A. No.

19 Q. Which type of weaponry had your brigade back in July/August 2001?

20 A. The 114th Brigade in early July and late August 2001, had the

21 following light and heavy weapons starting from pistols, then automatic

22 rifles, Kalashnikovs or known as AK 47, sniper rifles, hand-held mortars,

23 150 and 500 type, Gulinovs, 12.7-millimetre launchers, cannons, OSA, and

24 mortars of 62 millimetres and 82 millimetres respectively.

25 Q. Thanks Mr. Bushi. Could we please show 65 ter 284. In

Page 5590

1 particular, within the range N001-8730-N001-8763. If we could please go

2 to the page number 7 both in English and in Macedonian.

3 And in the meantime could we go briefly into private session, Your

4 Honours.

5 JUDGE PARKER: Private.

6 [Private session]

7 (redacted)

8 (redacted)

9 (redacted)

10 (redacted)

11 (redacted)

12 (redacted)

13 [Open session]

14 THE REGISTRAR: Your Honours, we're in open session.

15 MS. REGUE: This is not the page. Actually it is page number 7

16 within the range. I think that you are looking at the wrong range in the

17 8725 but we should look at 8730. Thanks.

18 Q. Yes, if we could look -- the last paragraph of the English version

19 and the second paragraph, starting from the bottom of the Macedonian

20 version. We can read, Mr. Bushi, that the 114th Brigade is said to have

21 received the order to close the existing gap north of Skopje between

22 Radusa and Tanusevci, and these would form it possible fighting in the

23 whole area of the 111th, 113th, and 114th brigade, NLA brigades. And the

24 Blace border crossing would be in the sphere of influence of the NLA.

25 Mr. Bushi, did you ever carry out this assignment?

Page 5591

1 A. No, we did not. This was an option to be executed in case the

2 Ohrid Agreement failed to be signed.

3 MS. REGUE: We can remove the document from the screen.

4 Q. Mr. Bushi, had the NLA internal relations dealing with a broad

5 range of issues?

6 A. Yes, there was an internal rules of the NLA.

7 MS. REGUE: For the record I see that my question has not been

8 recorded. I just asked whether the NLA had internal regulations.

9 Could we please call 65 ter 778.1. It's tab 7. The ERN should be

10 R062-6654. And if we could go to the page number 1.

11 Q. We see here a regulation which needs National Liberation Army,

12 General Staff. Personnel and material formation of the brigade. It's

13 approved by Ali Ahmeti and signed by Gezim Ostreni.

14 Could we please go to the second page.

15 Mr. Bushi, are you familiar with this regulation?

16 A. Yes. It is the regulation that I mentioned earlier on the

17 formation of brigades and other formations.

18 Q. In this chart we can see, first start from the left sides,

19 positions according to their formation, then we see first name and last

20 name, which has to be filled, date of birth, then we have the ranks,

21 different positions as general high-ranking officer, officer, we also have

22 indicated here the uniforms and also the weapons.

23 Which was the purpose of this chart, Mr. Bushi?

24 A. This was filled by the -- by the officer of mobilisation, Ragmi

25 Emini. The aim was to keep data and when inspection came anyone who came

Page 5592

1 from the General Staff, such documents and data were shown to him or them.

2 MS. REGUE: Your Honours, I will seek to tender this regulation

3 into evidence.

4 JUDGE PARKER: It will be received.

5 THE REGISTRAR: As Exhibit P459, Your Honours.

6 JUDGE PARKER: Mr. Mettraux.

7 MR. METTRAUX: Simply to give an indication to that we will not

8 object to any of these so-called regulations of the NLA. However, we

9 would make the point that this should not be interpreted as an agreement

10 on our part that these documents are otherwise reliable.

11 JUDGE PARKER: Thank you.

12 MS. REGUE: Could we please go to tab number 8, 65 ter 778.2 the

13 ERN is R062-663, if we can go first to the page number 1.

14 We can read in this regulation also NLA, General Staff, personnel

15 and material formation of the infantry battalion also approved by Ali

16 Ahmeti and dated 2001.

17 If we could go, please, to the second page of this document.

18 Q. We see here again a chart, Mr. Bushi. Well, first of all let me

19 ask you, are you familiar with this regulation?

20 A. Yes, I am. This is a regulation on the establishment of

21 battalions. As I said, this was filled by the mobilisation officer and

22 the purpose is to have some proof to show during inspection by the General

23 Staff or the staff of Brigade 114 as a proof to show our respect for the

24 rules.

25 Q. Once these charts had been filled, did you supervise the work of

Page 5593

1 your subordinate who filled them?

2 A. Sometimes, yes; but this was the duty of this officer that I

3 mentioned, and it was inspected by Ramadan Limaj, who was the chief of

4 operation.

5 Q. Thanks. Again, we see a chart with the unit and different units

6 mentioned. And then we see a number, a name of unit and venue. What

7 venue, exactly? What had to be filled in this place, Mr. Bushi?

8 A. I'm not very clear about what are you putting to me.

9 Q. Excuse me, if we look at on the upper part of the document, on the

10 third square starting from the left, at least the English translation says

11 venue. I was asking what had to be filled within this.

12 A. I can't see it, or maybe you are referring to some other chart

13 or ... I can't see it here.

14 Q. Do you have a chart with the title "Mobilisation plan of the

15 Infantry Battalion"?

16 A. Yes, yes.

17 Q. If you read in the upper part, do you read "1st Unit" in the first

18 square?

19 MS. REGUE: Maybe with the assistance of the usher if you can look

20 at the hard copy. Excuse me, it's tab number 8.

21 A. I would kindly ask to you indicate again to me where do you want

22 me to see?

23 Q. If you look to the upper part, we see "unit," and then below we

24 see "infantry battalion," "deputy commander,""battalion command," and then

25 if you look on the right side you see -- you can read number which has the

Page 5594

1 name of the unit which has to be filled. In the second -- it's actually

2 the third column, Mr. Bushi, you have to look at the third column. The

3 third column.

4 A. I think there is something which is not clear, either due to

5 interpretation or I can't find it.

6 Q. Maybe --

7 A. If it's possible, someone to help me.

8 Q. [Previous translation continues] ...

9 MR. METTRAUX: Your Honour, if we can be of some assistance it,

10 seems like the Macedonian translation says something different. And I'm

11 trusting my more able neighbours, it seems to say at that it refers to a

12 place for the plan.

13 MS. REGUE: Thanks.

14 JUDGE PARKER: Thank you.

15 Q. Are you able to assist us, Mr. Bushi?

16 A. Now I'm clear. That is the venue for plenification word for

17 word. It indicates the operation zone for the battalion.

18 Q. Thanks.

19 MS. REGUE:, Your Honours, I'll will seek to tender this regulation

20 into evidence.

21 JUDGE PARKER: It will be received.

22 Mr. Mettraux.

23 MR. METTRAUX: We would be grateful if my learned colleague could

24 clarify what battalion and what brigade those charts are supposed to refer

25 to. We are not clear whether the Prosecution is suggesting that those are

Page 5595

1 brigades and battalions which relate to the 114th or what exactly they

2 refer. We are unclear about that.

3 I'd be grateful if that can be clarified.

4 MS. REGUE: Your honour --

5 Q. Mr. Bushi -- well, first of all, did you apply this regulation to

6 your brigades and to your battalions?

7 A. Yes, in general, yes.

8 Q. And can you -- do you have knowledge if this regulations were

9 applied to other brigades and to other battalions?

10 A. Yes.

11 Q. They were applied to all brigades and battalions. It was a law,

12 actually.

13 MS. REGUE: Thanks. Can we please look at tab number 1 -- excuse

14 me, number 9.

15 JUDGE PARKER: It will be received.

16 THE REGISTRAR: As Exhibit P460, Your Honours.

17 MS. REGUE: Yes, now it's 65 ter 778.3, tab number 9. If we could

18 go to the first page, please.

19 Q. We can see -- we can read "regulation on the competencies and work

20 of the brigade command" also approved by Ali Ahmeti and signed by Gezim

21 Ostreni in 2001. Are you familiar with this regulation, Mr. Bushi?

22 A. Yes, I saw it personally, I and other brigade commanders. Could

23 we please move to page number 2 in both Macedonian and English.

24 In this table of contents that you are going to see now in the

25 Macedonian language on the right screen, we can see different positions

Page 5596

1 brigade command-- excuse me, commander of the brigade, legal advisor, head

2 of the officer for information and public relations, liaison officer, et

3 cetera. Did you have in your brigade, in your 114th, these positions.

4 A. Yes, we had. We had the officer responsible for morale and

5 formation, Xhavit Hasani. The chief of personnel or mobilisation, Emini,

6 Ramadan Limaj for operations for logistics, Selam Hasani --

7 Q. [Previous translation continues] ...

8 A. [No interpretation]

9 Q. Now if we could go please to page number 4 of both English and

10 Macedonian.

11 We see in the second paragraph that it reads "that the aim of

12 these regulations is to define the duties and responsibilities and rights

13 of officers and other staff members at the brigade command so that they

14 can carry out their functions and duties."

15 Was this the aim of this regulation, Mr. Bushi?

16 A. Yes.

17 Q. Could we please go now to page number 6. Here we see a title

18 which reads: "Commander of the brigade." Now it will appear on the right

19 side of your screen, Mr. Bushi.

20 If we read in item number 1 of this page which starts with the

21 commander of the brigade, it says: "He is to run and command all brigade

22 staff in peacetime in a states of emergency and in war. He is to carry

23 out his duties in accordance with the laws, with internal regulations with

24 the UCK and with instructions from the UCK commander.

25 Was this one of your main obligations as brigade commander,

Page 5597

1 Mr. Bushi?

2 A. Yes, I had many tasks. This one of them.

3 Q. Now, if we look actually at item number 7, it says that he is to

4 ensure and insist that all the staff members of the brigade command and

5 their subordinates carry out their duties and obligations according to a

6 work plan.

7 Did you prepare, did you draft such a work plan, Mr. Bushi?

8 A. Yes, we did. That was the responsibility of the chief of

9 operations, with his three assistants. They drafted the plans and I

10 approved them.

11 Q. If we look at item 11 it reads: "He is to direct planning for

12 military readiness mobilisation and for the use of the brigade command and

13 subordinate formations and is to approve the plans in question."

14 Mr. Bushi, does this rule mean that any military operation to be

15 carried out within your brigade had to be approved by you?

16 A. Yes.

17 Q. Thanks. If we read item 13, it says at a certain time every day

18 he is to report to the UCK commander about the general situation in the

19 brigade.

20 Does this rule refers to your daily reporting with Gezim Ostreni?

21 A. Yes.

22 Q. Now, if we look at item 14 it says, the last three lines: "At a

23 certain time every morning, he is to receive a report by phone or other

24 oral communications from the commanders of subordinate units and close

25 staff of the command," I think that we are have to move to the other page,

Page 5598

1 "on the general situation in their brigade."

2 Did you receive such reports from your battalion commanders and

3 unit commanders on daily basis?

4 A. Yes, in order to be able to coordinate and to have an overview of

5 all tasks, the staff of the brigade held meetings every evening at 2100

6 hours, where the battalion commanders as other unit commanders as well as

7 representatives from the brigade staff participated.

8 Q. To your knowledge, Mr. Bushi, this regulation did apply to the

9 other brigades of the NLA?

10 A. Certainly.

11 MS. REGUE: Your Honours, I seek to tender this regulation into

12 evidence.

13 JUDGE PARKER: It will be received.

14 THE REGISTRAR: As Exhibit P461, Your Honours.

15 MS. REGUE: Could we please display 65 ter 384. It is the tab --

16 the map displayed it -- it is in tab 5 of the binder.

17 Q. Mr. Bushi, you can also look at tab 5 of your binder where you

18 have a hard copy of the map.

19 If we can zoom to the coordinates 41, 42, and verticals 59, 58.

20 If we could place these coordinates in the centre of the screen.

21 And in the meantime, Mr. Bushi, which was the area under the

22 responsibility of the 114th Brigade?

23 A. The AOR of the 113th brigade?

24 Q. [Previous translation continues] ... Explain this to us?

25 A. No problem, I will not mark anything. I understand.

Page 5599

1 The border starts between Vistica and Matejce. And then Vistica,

2 Nakustak linking to a place called Bara.

3 Q. Are you talking about the operational area or the zone of

4 responsibility of your brigade?

5 A. Now I'm talking about the operational area, not the area of

6 responsibility. So Vistica, Nagustak, Bara, Dzafa, there is a line here

7 which is not marked on the map. We had an observation post here while the

8 opposite side was covered by 113 brigade.

9 Q. Are you able to see the operational area also in the map displayed

10 on the screen, Mr. Bushi. It's exactly the same map. If you are able to

11 see the locations, we will use the map in the screen.

12 A. Poorly. I can see it poorly.

13 Vistica, Nagustak, Bara, Dzafa, in this direction, up to the

14 Matejce Monastery.

15 MS. REGUE: Maybe if we could have the assistance of the usher to

16 give him the -- with a pen.

17 Q. Could you please take the electronic pen that you're going to be

18 given and draw a circle in the operational area of the 114th Brigade.

19 A. Yes, of course.

20 Q. Thanks.

21 A. While in Mojanci and Orlance villages, we only had observers.

22 This goes also for Aracinovo after the NLA withdrew.

23 Q. Are you able to mark with a cross and then write a number in the

24 observation post that the NLA had in the electronic map?

25 A. Yes, just let me have a look.

Page 5600

1 Q. And which observation post is this one?

2 A. Mojance.

3 Q. Could you please write number 1 next to the cross?

4 A. Yes.

5 Q. Do you see any other observation post?

6 A. Yes, Orlance.

7 Q. Could you please write number 2.

8 A. [Marks].

9 Q. Do you see any other observation posts of the NLA?

10 A. And we had one in side the village of Haracin.

11 Q. Could you please write number 3.

12 A. These were the three observations posts that I mentioned.

13 Q. Could you please draw a line indicating the front line of the

14 114th Brigade and indicate from which location to which location the front

15 line was running?

16 A. The front line stretched from Nagustak to Vistica, Matejce, Bara.

17 Q. Could you please draw a line or that includes the circle that you

18 already ...

19 A. Yes. This is the borderline of the operational area of 114th

20 Brigade.

21 Q. So the circle that you drawed, it's actually also the front line

22 of the 114th Brigade?

23 A. Yes.

24 Q. Thanks. Are you -- could you indicated also the headquarters of

25 your brigade in Nagustak, as you mentioned?

Page 5601

1 A. [Marks]

2 Q. Could you please write number 4.

3 A. [Marks]

4 Q. Where were the headquarters of the 1st Battalion located?

5 A. The 1st Battalion staff was in Nagustak village and it also

6 included Vistica.

7 Q. So it was in the same location that you had the headquarters of

8 your brigade, or it was in a different location?

9 A. No, it was in a different location.

10 Q. Could you please indicate that and write number 5?

11 A. Yes, I will.

12 Q. So the small line that you drew on the right side of the cross,

13 that's the headquarters?

14 A. It's near the cross where the number 5 is. It's inside the

15 village of Nagustak, but a different location, within the same village.

16 Q. What about the headquarters of the 2nd Battalion?

17 A. The headquarters of the 2nd Battalion was in monastery of Matejce.

18 Q. Could you please indicate it and write number 6 next to it?

19 A. [Marks]

20 Q. Now are you able to see, Mr. Bushi, in this map, army positions

21 that the Macedonian army had in 2005 -- excuse me 2001, in August 2001.

22 MS. REGUE: And if he could use a pen of a different colour. Is

23 that possible or ...

24 THE WITNESS: [Interpretation] One of the positions was at

25 Ljubotenski Bacila.

Page 5602


2 Q. Could you please write number 7.

3 A. [Marks]

4 Q. Do you see any other army position, Mr. Bushi?

5 A. There are several other positions in the eastern part, above

6 Ljuboten village. This was a sort of bare front line. I don't know the

7 exact locations now on the map, but I can show you approximately.

8 Q. If you could please draw a line where you think that the front

9 line of the Macedonian army was above Ljuboten.

10 A. Just a moment, please. I will try to find it using the map before

11 me.

12 I can see Ljubanci on the printed map that I have, but I will try

13 to find it on the screen.

14 It should be somewhere here, Ljubanci. And it is one of the

15 positions.

16 Q. Could you write number 8 next to this position?

17 A. [Marks]

18 Q. Do you see any other position? Or if you don't see it, you can

19 just state the name so we have the names of the positions in the record,

20 if you are not able to see them in the map.

21 A. There was one at Ravno.

22 Q. There was one in Ravno?

23 A. Ramno. And at Kodra Fudra.

24 Q. Are they located in this area and you cannot see them, or are they

25 outside of this map?

Page 5603

1 A. No. You can see Ramno. It's here.

2 Q. Thanks, could you please write number 9?

3 JUDGE PARKER: Before we go further, Ms. Regue, the witness says

4 he's having difficulty reading on the screen, and I can well understand

5 that. It seems very evident that he has marked as number 8 not what he

6 thought he was marking. He was looking for Ljubanci, as I understand it.

7 And that is a little to the north and to the west of the position that he

8 has marked.


10 Q. Mr. Bushi, If could you please draw an arrow from number 8 to

11 Ljubanci?

12 MS. REGUE: Thanks, Your Honours.

13 Q. Actually, Ljubanci is a bit up north from where you indicated in

14 the screen, Mr. Bushi.

15 JUDGE PARKER: Another two to three centimetres on the screen

16 north-west.

17 THE WITNESS: [Interpretation] There is a dot here.


19 MS. REGUE: Okay, thanks Mr. Bushi.

20 JUDGE PARKER: And I think we've reached our time.

21 Are you wanting more marks on this.


23 Q. Do you see any other army position, Mr. Bushi, on this map? If

24 you don't see them, you can say them on the record.

25 A. There are positions on the eastern part as well.

Page 5604

1 Q. Okay, can you say simply the names.

2 A. Rastak and the front line connecting with Ljubanci and Ljubotenski

3 Bacila.

4 Q. Thanks.

5 JUDGE PARKER: Perhaps you'd better have those marked, if you want

6 them.


8 Q. Are you able to see them, Mr. Bushi?

9 A. Just a moment, please.

10 Here is Rastak.

11 Q. Yes, could you please write number 10.

12 A. And with the interrupted line, I will mark the front line.

13 Q. Thanks.

14 MS. REGUE: Your Honours, I will seek to tender this document into

15 evidence.

16 JUDGE PARKER: It will be received.

17 THE REGISTRAR: As Exhibit P462, Your Honours.

18 JUDGE PARKER: We will resume, then, at 20 minutes past 4.00.

19 --- Recess taken at 3.45 p.m.

20 --- On resuming at 4.22 p.m.

21 JUDGE PARKER: Ms. Regue.

22 MS. REGUE: Thanks, Your Honours.

23 Q. Mr. Bushi, before you indicated in the map the area -- the

24 operational area of your -- of your brigade, of the 114th Brigade --?

25 MS. REGUE: And he's not going need to mark anything else,

Page 5605

1 Mr. Usher, so that's okay. Thanks for your assistance.

2 Q. I would like to ask you now which was the zone of responsibility,

3 not the operational area, the zone of responsibility of your brigade?

4 A. The area of responsibility was Skopje and its outskirts.

5 Q. Could you explain to the Trial Chamber what is the difference

6 between the zone of responsibility and the operational area.

7 A. The operational zone includes the moment -- the moment when you

8 are supposed to operate, to act, when you have an order, and the other one

9 is the area that you are responsible to cover in case of an order.

10 Q. Thanks.

11 MS. REGUE: Could we please go to tab number 4 which is ERN

12 N006-7991.

13 Q. Mr. Bushi, what do you see in -- in the screen?

14 A. Ljuboten village.

15 Q. Was Ljuboten within that zone of responsibility of the 114th

16 Brigade?

17 A. Yes. But not the area of operation.

18 Q. Which battalion of your brigade was responsible for Ljuboten?

19 A. It was the 2nd Battalion and, if need be, also the units of

20 special intervention.

21 Q. Which was the closest headquarters of your brigade with -- to

22 Ljuboten?

23 A. Our headquarters was in Matejce, the 2nd Battalion, and there was

24 a position 2, 300 metres outside the monastery.

25 Q. Which was the name --

Page 5606

1 A. Pal Langro [phoen].

2 Q. Thanks. How far away were these positions and the headquarters of

3 the 2nd Battalion with regard to Ljuboten?

4 A. As the crow flies, about five kilometres. If you walk, it takes

5 you seven to eight kilometres.

6 Q. Are you able to see the monastery headquarters or the observation

7 point in this photograph?

8 A. No, are you not.

9 Q. If we see at the hills in the background, could you simply

10 describe where it's located?

11 A. Yes. You cannot see it very well. But I can show the direction

12 in which it was.

13 Q. If you could please take the pen that the usher is going to give

14 you, and if could you mark in the screen with an arrow the direction where

15 the monastery was located and the observation point was located.

16 A. You cannot see the observation point from here. It is only the

17 direction from the monastery.

18 Q. Okay. With this arrow you indicated the direction of the

19 monastery and the observation point or only the monastery?

20 A. Only the direction towards the monastery, but not the observation

21 point. You cannot see it from here.

22 Q. Okay. It is not depicted.

23 And how far was the observation point from the monastery?

24 A. One, up to one and a half kilometre.

25 Q. If we look at the hill, it should be towards the eastern part of

Page 5607

1 the hills or towards the western part of the hills?

2 A. Towards the eastern part.

3 Q. Thanks.

4 MS. REGUE: And, Your Honours, I will seek to tender this photo

5 into evidence.

6 JUDGE PARKER: It will be received.

7 THE REGISTRAR: As Exhibit P463, Your Honours.


9 Q. Just as a matter of clarification, when you are referring to the

10 monastery, are you referring to the monastery of Matejce that you

11 mentioned before, when we were looking at the other map?

12 A. Yes.

13 Q. Thanks. Mr. Bushi, which was the importance, if any, that

14 Ljuboten had for the NLA?

15 A. It didn't have any importance for the NLA, because we could resort

16 to Haracin village for any needs we had, particularly logistical needs.

17 Q. What about as a base to obtain weapons for your brigade. Was

18 Ljuboten used for this purpose?

19 A. No. For us it was Haracin village which was of major importance.

20 Q. Was Ljuboten used as a recruitment centre for new members of your

21 brigade?

22 A. No.

23 Q. Are you aware if some members of your brigade were originally from

24 Ljuboten?

25 A. I'm not aware.

Page 5608

1 Q. You don't recall any name of any member of your brigade which was

2 from Ljuboten, or you are not aware that there was any person from

3 Ljuboten who was a member of your brigade?

4 A. I remember some names from Ljuboten, like Riza, Marsori,

5 Sherafadini, Islami, and some others who, if I know, if I see, I would

6 certainly recognise. They were members of the NLA.

7 Q. Okay. So there were actually villagers from Ljuboten who were

8 members of the NLA.

9 A. Yes.

10 Q. And approximately, if you can recall, how many?

11 A. I would say about ten, 12.

12 Q. Are we talking in July/August 2001?

13 A. Yes.

14 Q. Mr. Bushi, where were you the weekend from Friday, 10th of August,

15 2001 to Sunday, 12th of August, 2001?

16 A. I was in Nagustak village, at the headquarters.

17 Q. Did you learn at some point on Friday, the 10th of August, about

18 the Ljubotenski Bacila incident, meaning eight Macedonian soldiers were

19 killed because of a mine?

20 A. Yes. I heard through the media and through some phone calls I had

21 with Mr. Baki.

22 Q. Could you please state the family name of Mr. Baki?

23 A. Baki Halimi.

24 Q. Was Baki Halimi a member of the NLA?

25 A. No, he was not. I used to know him from the past.

Page 5609

1 Q. Was he assisting in any way the NLA, with regards to logistics,

2 weapons?

3 A. No, not at all.

4 Q. Was he also called Lisi?

5 A. Yes.

6 Q. Was he also called Commander Lisi?

7 A. No. I don't know. Why should he called a commander when he was

8 never a NLA member.

9 Q. On that Friday, did you receive any order, did your brigade

10 receive any order, to plant the mine in Ljubotenski Bacila?

11 A. No.

12 Q. Did you order to plant the mine in Ljubotenski Bacila to any of

13 your subordinates?

14 A. No, I didn't give any orders.

15 Q. To the best of your knowledge, any of your soldiers from your

16 brigade plant the mine?

17 A. No, it cannot be.

18 Q. Now, Mr. Bushi, you testified that you stayed in the headquarters

19 of your brigade during all the weekend. Also, at some point on Saturday

20 or Sunday, 11th, 12th of August, did you learn about the events in

21 Ljuboten, about what was happening in Ljuboten?

22 A. Yes, I did.

23 Q. Who told you, who informed you?

24 A. Baki informed me, Baki Halimi.

25 Q. When did he inform you and how?

Page 5610

1 A. He called me on the 10th and 11th and 12th, the time during which

2 the Macedonian forces, police and army forces, undertook the attack

3 against Ljuboten village.

4 Q. At some point during that weekend, or later on, did you find out

5 that some people had been killed in Ljuboten during that weekend?

6 A. Yes. I learned that some people were killed, but I didn't know

7 any of the deceased.

8 Q. So at some point, taking your question [sic], I assume that you

9 learned about the names of the deceased?

10 A. During later times, I learned that one of them, Rami Jusufi, was a

11 former classmate of mine. But I saw the names written on the grave

12 stones.

13 Q. To the best of your knowledge were these people members of the

14 NLA?

15 A. No, they were not.

16 Q. And Mr. Bushi, during the weekend 10 to 12 August, 2001, did you

17 order to open fire towards the army positions around Ljuboten?

18 A. No, I did not.

19 Q. Did you order to open fire against the police positions in the

20 Orthodox church in Ljuboten during the same weekend, 10 to 12 August,

21 2001?

22 A. No, not at all.

23 Q. Did you send any member of your brigade to Ljuboten that weekend,

24 10 to 12 August?

25 A. No, we did not.

Page 5611

1 MS. REGUE: Now, if we could please look at tab 6 which is 65 ter

2 284 within the range N001-8764 to 8780. If we could please look first at

3 page number 1, which will be the cover.

4 We can see in this document, this document contains the names of

5 members of the NLA in Macedonia as well as NLA Macedonian contacts during

6 the period from April to October 2001.

7 And now if we could go to page 2 in both English and Macedonian.

8 Q. We see in the third line your name, your nickname, Adashi, and

9 then Bushi Nazim, 114th Brigade.

10 MS. REGUE: And if we could please scroll a little bit more to the

11 right, so we can see the main text. Thanks. Maybe if we could zoom it.

12 Q. It reads next to your name, Mr. Bushi: "Presume commander of the

13 114th Brigade in the area of Nagustak Ljuboten on 10th August 2001

14 reported that the village of Ljuboten had been encircled by Macedonian

15 Armed Forces, was told by Gezim Ostreni not to do anything in order to

16 avoid a massacre of the population. Demanded -- demanded EU observers for

17 Ljuboten."

18 MS. REGUE: Now if we could go, please, to page number 11, also

19 both in English and in Macedonian.

20 On the left side in the first row we see the name Gezim Ostreni,

21 and if we could now move to the text to the right side. Thank you.

22 We see on the third line -- excuse me, in the first line.

23 "Advise the commander of the 114th Brigade on 10 August 2001 not to do

24 anything near the village of Ljuboten so that the Macedonian Armed Forces

25 would not be able to use the presence of the KLA to justify a massacre of

Page 5612

1 the civilian population. Wanted to send EU observers to Ljuboten."

2 Q. Mr. Bushi, did you receive an order from Ostreni not to go, not to

3 do anything in Ljuboten on the 10th of August?

4 You are not able to receive translation?

5 JUDGE PARKER: He is still receiving.

6 THE WITNESS: [Interpretation] Yes. He ordered me not to

7 undertake anything.


9 Q. Did you comply with his order?

10 A. Yes.

11 Q. Did you also discuss with him the possibility of calling

12 international observers or members of the government?

13 A. Yes, we discussed this. I had a contact on that day with the

14 deputy prime minister Xhemal Musliu, I asked him to call on the phone of

15 the minister of the interior, Ljube Boskoski, or the minister of defence,

16 Vlado Buckovski, regarding the situation in Ljuboten. And he said to me

17 that I cannot reach them, they are not answering their phones. And we

18 contacted the representatives of the international community and asked

19 them to go to Ljuboten and see what was happening.

20 Q. Which international organisation are you referring? Which

21 international organisation did you contact?

22 A. The European Union representatives and OSCE and International Red

23 Cross.

24 Q. Did any member of your brigade approach you or approach any of

25 your subordinates to ask for permission to go to Ljuboten during that

Page 5613

1 weekend?

2 A. Yes. One of them had come to Nagustak - I don't know his name -

3 he asked Ramadan Limaj, the chief of operations, for an approval to go to

4 Ljuboten. I received that message and I turned it down, his request, and

5 I said that nobody should go to Ljuboten village.

6 Q. To your knowledge, any member of your brigade went to Ljuboten

7 that weekend.

8 A. To my knowledge, no.

9 Q. Who was Xhezair Shaqiri?

10 A. Xhezair Shaqiri was the NLA commander responsible for the village

11 of Haracin. He was not a member of 114th Brigade. He was a member of the

12 113rd Brigade.

13 Q. Did you see him during the weekend 10 to 12 August, 2001, in your

14 headquarters?

15 A. Yes, I did.

16 Q. Did you have any discussion with him that weekend?

17 A. Yes. There was a short discussion, viewing the possibilities, how

18 to help Ljuboten, and I said to him that we have an order from the General

19 Staff not to undertake anything at all.

20 Q. So just to be clear, did you issue to him any order to go to

21 Ljuboten that weekend, 10 to 12 August?

22 A. No, I didn't.

23 Q. Could he have left the headquarters and going to Ljuboten without

24 you knowing?

25 A. I don't think he went to Ljuboten, but he was not my subordinate.

Page 5614

1 He was not under my command.

2 Q. But he could have left the headquarters without you knowing.

3 A. It could have been possible.

4 Q. Do you know a person called Suad Saliu?

5 A. If I see him, maybe I do know him.

6 Q. Does the name sound familiar, as a member of your brigade?

7 A. It does.

8 Q. Did you order to a person with this name to go to Ljuboten that

9 weekend, 10 to 12 August, 2001?

10 A. No, I didn't order anyone.

11 Q. You just -- you testified before that Xhavit Hasani was your chief

12 of morale and operations. Where was Xhavit Hasani during the weekend 10

13 to 12 August, 2001?

14 A. He was with me at the headquarters in Nagustak village.

15 Q. Did he ever leave the headquarters during that weekend?

16 A. No, not at all.

17 Q. Where were your immediate subordinates meaning Paloshi and Ramadan

18 Limaj during that weekend, 10 to 12 August?

19 A. Halil Paloshi, the deputy commander, was in the monastery of

20 Matejce, while Ramadan Limaj was mobile. He was moving in Nagustak. He

21 was a sort of chief of operations and he was visiting the points.

22 Q. Which points, if you have the knowledge?

23 A. He was touring the positions at Vaksince and Nagustak. I think he

24 toured all the positions up to the monastery.

25 Q. Did your brigade come under fire from Macedonian positions during

Page 5615

1 the weekend 10 to 12 August, 2001?

2 A. Our brigade was constantly under attack but the attacks were more

3 intense on the 10th and 12th, from the direction of Rastak and Ljubanci,

4 and from the other side from the direction of Umindol, Ropalce and --

5 THE INTERPRETER: The interpreter didn't catch the last name of

6 the village.


8 Q. Could you please repeat the name of the last village that you

9 mentioned?

10 A. Romanovce, Umindol, and Ropalce.

11 Q. Did you respond to these attacks?

12 A. We responded only to the attacks coming from the direction of

13 Umindol, Ropalce and Romanovce, but we did not respond to the attacks

14 coming from the direction of Rastak.

15 Q. And what about the attacks coming from the direction of Ljubanci?

16 A. No. We did not respond to these attacks either because they were

17 far from us.

18 Q. To your knowledge, was any personnel casualty in your brigade

19 during that weekend?

20 A. Yes, according to the information I had, on the 12th we had one

21 person killed and one injured.

22 Q. Do you remember where these two people were killed and injured?

23 A. On the 11th, Musafer Agushi aka Muski was killed while Bejtullah

24 Ademi was injured. Both of them were killed and injured in Nagustak

25 village through a hand-held rocket launcher attack.

Page 5616

1 Q. Just to clarify, which day was that that they were injured and

2 killed? The 11th or the 12th of August?

3 A. On the 11th.

4 Q. And if you know, from which attacks they were injured and killed

5 from the ones coming from this three positions, Ropalce, Umindol, and

6 Romanov or the attacks coming from Ljubanci and Rastak?

7 A. I think it is the Romanovce and Umindol villages but concretely

8 from which one, I don't know because there was attack coming from all

9 three sides.

10 Q. Thanks.

11 MS. REGUE: Could we please just see on the screen Exhibit P462

12 again, please.

13 Q. Mr. Bushi, this is the map that you just marked.

14 Just to be clear, can you see in this map the three positions that

15 you mentioned now, Ropalce, Umindol and Romanovce?

16 A. No, they cannot be seen here. They are opposite Vistica and

17 Nagustak.

18 Q. Would that be facing your front line on the eastern part of your

19 front line?

20 A. Yes.

21 Q. Thanks.

22 MS. REGUE: We can remove the exhibit.

23 Could we go please to tab 14 which is Exhibit 1D160.

24 JUDGE PARKER: Mr. Mettraux.

25 MR. METTRAUX: Thank you, Your Honour. I apologise to my

Page 5617

1 colleague. We would simply like to place on the record that at this stage

2 the Prosecutor has been eliciting evidence from this witness which is

3 directly contradictory to the evidence of another Prosecution witness and

4 who was not in any way challenged on the evidence that he gave. We note

5 that for the transcript. We will take this matter in cross-examination

6 but we wish to point for the record that this is being done at this stage.

7 JUDGE PARKER: Thank you.

8 MS. REGUE: Thanks, Mr. Mettraux, I'm sure that you will deal with

9 this issue in cross-examination.

10 Could we please see 1D60, page 1 in English and in Macedonian,

11 please.

12 Q. Mr. Bushi, this is a document coming from the UBK dated 14th of

13 August, 2001. And as we see the title reads: Assessment of the high

14 level of the violated security situation in Ljuboten village and the

15 surroundings?

16 If we could please now go to the second page. If we read in the

17 third paragraph we see that Ljuboten is mentioned as the main logistic

18 base of the NLA, also a place for procurement and storage of weapons and

19 mobilisation of new volunteers.

20 Mr. Bushi, were you using Ljuboten for these purposes, was the NLA

21 using Ljuboten for these purposes?

22 A. The NLA did not use the village of Ljuboten for any of these

23 listed purposes.

24 MS. REGUE: Could we go to the next page, please.

25 We see it is the fourth paragraph in both languages. Where it

Page 5618

1 reads that on 12th of August 2001 with regards to the situation in

2 Ljuboten village, Gezim Ostreni informed Fazil Valiu that the villagers

3 should stay in the basement and NLA members should go out and respond to

4 the Macedonian security forces.

5 Mr. Bushi, first of all, who was Fazil Valiu.

6 A. Fazil Valiu was a member of the General Staff. He had no such

7 competence to order Gezim Ostreni such a thing and definitely there was no

8 NLA presence in Ljuboten village.

9 Q. Well, the document only reads that Ostreni informed Fazil Valiu so

10 it is the other way around, no?

11 A. That could be possible.

12 Q. But in your daily communications with Ostreni, would you have

13 learned about such an order, meaning that the NLA members will go out and

14 respond to the Macedonian security forces?

15 JUDGE PARKER: Yes, Mr. Mettraux.

16 MR. METTRAUX: Your Honour, I apologise to barge in the question,

17 but I think the witness should be asked first and foremost whether he is

18 aware of this communication between these two persons.

19 MS. REGUE: I was going to find that out about the daily

20 communications that this witness has had with Gezim Ostreni.

21 JUDGE PARKER: Carry on.


23 Q. Were you aware through your daily communications with Gezim

24 Ostreni about this communication between Fazil Valiu and Ostreni?

25 A. No, I wasn't aware.

Page 5619

1 Q. Considering that Ljuboten was within your zone of responsibility,

2 would you have been informed, if such order would have been issued?

3 A. Could you please repeat your question?

4 Q. Considering that Ljuboten was within the zone of responsibility of

5 the 114th Brigade, if an order would have been issued that NLA members

6 will go to Ljuboten and will respond to the Macedonian security forces,

7 would you have learned about such an order?

8 A. Yes, I would.

9 Q. And if we look at the paragraph number -- well, paragraph 5, we

10 see your name that a member of the so-called NLA [indiscernible] in the

11 ongoing situation he address an issue to Nazim Bushi, the commander

12 Adashi, asking whether there are conditions to act against the Macedonian

13 security forces. Nazim Bushi inform him that they can operate in villages

14 Brodec and Ljuboten and that in order to start actions, he can deploy the

15 troops of a special unit and one more unit in only an hour and a half."

16 Did you have such exchange with a person about this matter?

17 A. No, we did not.

18 Q. Did you issue an order to start actions and deploy your troops,

19 the brigade troops?

20 A. No. I did not give any orders.

21 Q. Thanks. In the next paragraph your name is also mentioned saying

22 that: "Nazim Bushi gave instructions to a member of the so-called NLA

23 that groups should be formed and should move closer to the Macedonian

24 security forces and attack them," and then it also says that Nazim Bushi

25 passed information to the Commander Lisi in the Ljuboten village and in

Page 5620

1 order to help him he send in a special unit from Kumanovo.

2 First of all, did you form groups in order to send these groups to

3 Ljuboten?

4 A. No, we did not form any groups.

5 Q. Did you tell the person that in this document is referred as

6 Commander Lisi that you will be sending a special unit from Kumanovo to

7 help them out that weekend?

8 A. We discussed with Lisi only the question of them finding shelter

9 in the basements and not leave the houses.

10 Q. But just to have to clear in the record you did not tell him that

11 you will be sending a special unit from Kumanovo as this document reads?

12 A. No, not at all.

13 Q. Thanks.

14 MS. REGUE: Could we please move to tab 15, Exhibit 1D166. And

15 page 1, please.

16 Q. This is also a UBK document dated 14 of September, 2001. We see

17 the title"Review of relevant security information relating to the events

18 in the village of Ljuboten before and after the terrorist attack on the

19 army of the Republic of Macedonia patrol."

20 If we look at the first paragraph it says that: "Prior to the

21 attack, the terrorist attack, there were -- there was NLA presence, there

22 was a gathering of NLA members in Ljuboten."

23 Do you have any knowledge that before the 10th of August there was

24 members of the NLA were gathering, were meeting in Ljuboten?

25 A. No, I did not have any knowledge and there wasn't anything like

Page 5621

1 that happening.

2 Q. If we read in paragraph 3 it says that: "In order to recruit

3 individuals from the village of Ljuboten for the self-styled NLA and to

4 organise the defence of the village and secure logistical support, two

5 meetings were held, one in the old mosque and the other in a house near

6 it."

7 First of all, did you issue any order to go to Ljuboten and to

8 have these meetings in order to recruit new members?

9 A. No, we didn't send anyone and we have no information about such

10 alleged meetings.

11 Q. In paragraph 5 we can read that the chief organisers of the

12 terrorist act at Basinec above the village of Ljuboten, in Skopska Crna

13 Gora appear to be commanders Arusha, Mecka, (Nazmi Sulejmani) and

14 Tanusevci (Xhavid Asani).

15 These people were your immediate subordinates; correct?

16 A. Yes.

17 Q. Did you issue any order to them to plant the mine?

18 A. No, no, never.

19 Q. To your knowledge, did they do so?

20 A. We didn't do that.

21 MS. REGUE: Could we please look at page number 2.

22 Q. We see here a list of names of -- which -- who are alleged members

23 of the NLA. I'm going to read them to you and I will ask you if you

24 recognise any of these people as members of the NLA.

25 Duraku Alim?

Page 5622

1 A. No I don't know him.

2 Q. Murati Avni?

3 A. No, I don't know him.

4 Q. Xhavidi Faik?

5 A. No, I don't have any knowledge of him.

6 Q. Alievski Refet?

7 A. No, I don't know him.

8 Q. Bajrami Sheffet?

9 A. No, I don't know him either.

10 Q. Murtezani Besim?

11 A. No, I don't.

12 Q. Refedin and father Liman?

13 A. Yes, I now him personally.

14 Q. Was he a member of your brigade?

15 A. Refedin, yes. It is possible that the others may have been

16 members, but I have to look at them to tell you for sure.

17 Q. Thanks. And you now mention as planners of the attack Halimi Baki

18 and Lutfiu Ekrem. You just explained us about Halimi Baki before. What

19 about Lutfiu Ekrem? Was he a member of the NLA?

20 A. I don't know him. I don't know.

21 Q. Thanks.

22 MS. REGUE: Could we please look at tab 16, exhibit 1D168.

23 Q. In the first paragraph is mentioned again Ljuboten as a base of

24 transfer of weapons and military equipment for the needs of the Kosovo KLA

25 and paramilitary structures and also it is mentioned that Ljuboten was a

Page 5623

1 base -- was a base for a military training camp. And for this purpose a

2 facility was built in Basinec, which could be used as a command

3 headquarters location.

4 Do you have any knowledge about this information?

5 A. No, I have not knowledge at all.

6 Q. In the next paragraph there is a description of an operation to

7 obtain and provide supplies and weapons to the NLA, an operation allegedly

8 organised by Baki Halimi. And also it is mentioned a list of participants

9 in these operations. And also according to this document, Baki Halimi

10 started a campaign to recruit new members for the NLA.

11 If I could just start with this last issue, did you ever ask Baki

12 Halimi to recruit, to find new members for the NLA in Ljuboten?

13 A. No, never.

14 Q. To your knowledge, did you find out from him if he did so?

15 A. No, I did not.

16 Q. I'm just -- I'm going to read aloud for you the names mentioned

17 here and I'm going to ask you again whether you recognise any of these

18 people as members of the NLA.

19 Salievski Kenan?

20 A. I don't know him. From what I know, he was the chairman of the

21 local community but not a member of the NLA.

22 Q. Fazil Nedzmedin?

23 A. No.

24 Q. I'm going to jump -- Halimi Baki, you've already mentioned him.

25 Strefi Enver?

Page 5624

1 A. I don't know him.

2 Q. Naser?

3 A. No.

4 Q. Sali Imretula?

5 A. I know someone by this name from Ljuboten but he was not a member

6 of the NLA.

7 Q. Ali Misradi?

8 A. Ali Misradi, I know, but he wasn't a member of the NLA either.

9 Q. Alimi Ramadani?

10 A. I don't know him.

11 Q. The next two names you already testify about them.

12 Jashari Naim?

13 A. I know him but he was not a member of the NLA.

14 Q. Istrefi Naser?

15 A. I know Naser, but he wasn't a member of the NLA.

16 Q. Bajrami Xhelal?

17 A. I don't know him.

18 Q. And Sulejman Bajrami?

19 A. No, I don't know him.

20 Q. When you just testified that you know some of these people,

21 although they were not members of the NLA, how did you know them?

22 A. Naser was -- owned a shop, and I had a similar store and we

23 cooperated. Naim, I got to know him after the war through some political

24 activities, and Harullah I knew through these political activities after

25 the war. They were all activists of the BDI.

Page 5625

1 Q. Thanks. I'm not going to through the rest of the document because

2 it is a repetition of the information contained in the prior two

3 documents.

4 Mr. Bushi, who were the Lions in Macedonia in 2001?

5 A. The Lions were paramilitary units led directly by Mr. Ljube

6 Boskoski.

7 Q. To your knowledge, when these units started operating?

8 A. To my recollection, in April or May, I think.

9 Q. Of which year?

10 A. 2001.

11 JUDGE PARKER: Mr. Mettraux.

12 MR. METTRAUX: Your Honour, we've let the witness answer the

13 question prior to objecting, but we would like to ask from our colleague

14 to identify the relevance of this line of questioning. Is it still the

15 Prosecution's position that the Lions unit was in Ljuboten at the time, or

16 if not, we would be grateful to our colleague if she could identify the

17 alleged relevance of those questions.

18 MS. REGUE: So far the relevance, Your Honours, is whether the

19 Lions were operating before the date that the Defence has been alleging

20 through the exhibits that they submitted. And I think that this witness,

21 as member of the Macedonian army, he can testify to this issue.

22 JUDGE PARKER: And what is the relevance of the Lions unit to this

23 case?

24 MS. REGUE: Your Honours, there are some witnesses who testified

25 that they saw members of the Lions in Ljuboten. And it is the Defence

Page 5626

1 position that the Lions start operate later in November. So the

2 Prosecution is trying to find out through this witness whether the Lions

3 or another unit named Lions were operating before the date that the

4 Defence is putting forward.

5 JUDGE PARKER: Mr. Mettraux.

6 MR. METTRAUX: Your Honour, briefly if I may. If my colleague

7 could identify those witnesses who claim that the Lions were in Ljuboten,

8 we would be grateful. The evidence on the record is very clear. Several

9 witnesses have testified to this issue, in particular the members of the

10 Ministry of Interior and they've all confirmed that the Lion unit was

11 actually created, as one document makes clear, on the 6th of August 2001

12 and that it became active in the month of November of 2001. No later than

13 yesterday, a witness give evidence in relation to this matter and he

14 wasn't taken on this particular issue.

15 The second matter which we would like to bring to Your Honour's

16 attention is, the reason why we took issue with that point, so to say is,

17 it was our understanding originally that it was the Prosecution case that

18 there were -- that the Lions unit was in Ljuboten at the time. The

19 evidence shows the contrary. We would also indicate that the Prosecution

20 has made a specific request to the Macedonian authorities with a view to

21 ascertain whether the Lions unit were present in Ljuboten at the time and

22 that they have received a negative response from the authority, namely

23 that the entity in question or the unit in question was not there because

24 they had not been formed at the time.

25 Our concern, Your Honour, is that there is evidence which is led

Page 5627

1 in this matter which the Prosecution should know not to be correct and I

2 specify that it is not a criticism of Ms. Regue, but would simply seek to

3 ascertain whether there is any need for us to do any cross-examination in

4 relation to this matter since he we understand the evidence to be quite

5 clear on that point.

6 MS. REGUE: Your Honours.

7 JUDGE PARKER: Can I say, Mr. Mettraux, that it is not so

8 surprising that evidence about a matter varies, and because there is

9 evidence against a point doesn't mean that other witnesses can't speak to

10 the contrary.

11 What we need to be sure about is whether it is being pursued by

12 the Prosecution as part of its case, whether a Lions unit was active in

13 Ljuboten on the weekend in question.

14 MS. REGUE: Your Honours, we have also evidence of witness like

15 Peter Bouckaert, for instance, who testified --

16 JUDGE PARKER: Can you answer my question?

17 MS. REGUE: We believe, yes, Your Honour.

18 JUDGE PARKER: You do. Well, that I think will tell Mr. Mettraux,

19 yes.

20 And the state of the evidence on that issue is something that will

21 be decided when we have heard all the evidence, not according to what has

22 happened so far.

23 Please continue.

24 MS. REGUE: Your Honour, just for the record, my learned colleague

25 seems to remember only some witnesses but we also heard witness who

Page 5628

1 actually testify about the Lions operating before November and being

2 present in Ljuboten, for the record.

3 Q. And you just mention -- could you please repeat to your knowledge

4 when did you see the Lions operating in 2001, which month? Or did you

5 learn about their functioning?

6 A. The specific case is my arrest in my own house on the 9th of June,

7 2001.

8 Q. And how did you know that among the people who arrested you were

9 members of the Lions?

10 A. Through the insignia they had on them.

11 Q. Which insignia did they have?

12 A. The insignia on the arm. I'm not sure on which arm they were

13 carrying it, but it was the insignia of that unit.

14 Q. Thanks. You mentioned before that, to your knowledge, this unit

15 was led directly by Mr. Ljube Boskoski. In which do you raise this

16 statement, this assertion?

17 A. I base this statement on the acts carried out by this unit, which

18 was directly formed by Mr. Boskoski.

19 Q. But despite Mr. Boskoski could have formed this unit, how did you

20 get to assume to think that they were operating under direct orders of --

21 under the command of Boskoski, of Ljube Boskoski?

22 JUDGE PARKER: Mr. Mettraux.

23 MR. METTRAUX: I apologise Your Honour, but I think the expression

24 at least or the evidence given by the witness should be state back.

25 Counsel should not give evidence.

Page 5629

1 JUDGE PARKER: I don't see in what was said that counsel is doing

2 that. She's trying to reflect the last answer of the witness.

3 MR. METTRAUX: Well, Your Honour, she has suggested at the least

4 that there had been any direct orders. I don't think there is any

5 evidence to that effect on the record. As for the expression, I would

6 agree with Your Honour that the expression under the command may have been

7 the same as the previous expression as per the expression, orders, I don't

8 think there is any evidence of that.

9 MS. REGUE: I can rephrase the question, Your Honour. The witness

10 said "led by" so probably I took my wording this, led by Mr. Boskoski.

11 Q. What actions led you to believe that the Lions were under -- let

12 me look for the exact wording. That the acts carried out by this unit

13 were led by Mr. Boskoski?

14 A. The sole fact is the Haracin case. When the Macedonian police

15 forces withdrew, the Lions unit went to demonstrate in front of the

16 parliament building and the minister, Ljube Boskoski, joined them, and

17 this shows that they were under his direct control.

18 Q. Thanks.

19 MS. REGUE: Your Honours, I won't show the document but just for

20 the record Exhibit P74 related to the creation of the rapid intervention

21 police battalion, the Lions, dates 6th of August, 2001.

22 Q. And, Mr. Bushi, how was the relation between Ljube Boskoski and

23 the Ministry of Defence Vlado Buckovski?

24 A. The relation between these two ministers were tense because they

25 were contradicting each other in their statements for the media. When

Page 5630

1 Mr. Boskoski wanted a state of emergency to be proclaimed Mr. Buckovski

2 was against this and this was reported in all the media.

3 The relationship between these two was -- were not good, and this

4 goes for the relation between Minister Boskoski and justice minister Ijet

5 Bexheti, they were not good either and the minister of the interior then,

6 Mr. Boskoski, threatened Mr. Ijeti.

7 Q. Could we please show Exhibit P402. It is tab 13. And within --

8 maybe we can show first the -- and we think the range N000-9607 to 9719,

9 can we show page 1? Thanks.

10 This is the memoir written by Mr. Ljube Boskoski. And if we could

11 go now to within the same range, to page 30 of the English version and to

12 page 33 of the Macedonian.

13 If you could just zoom in the Macedonian version on the left

14 page. Thanks.

15 Mr. Bushi, you read in the Macedonian version, it will be the 7th

16 line starting from the upper right after Macedonia. And in the English

17 version is the second paragraph -- the first one starting from the bottom

18 after Macedonia, it is also the fifth line.

19 If you could please scroll down in the English version.

20 It reads: "We experienced the second blow from the opposition in

21 our state, led by the SDSM. Instead of taking advantage of the situation

22 and unanimously defend Macedonia in such dangerous and turbulent time,

23 regardless of who was positioned and who opposition in the state, the

24 opposition was constantly blaming us in public. The most disgusting

25 accusation was that the party which was fighting for the defence of

Page 5631

1 Macedonia, VMRO-DPMNE, was allegedly compromising about the Macedonian

2 national interest."

3 Now if we could please go to within the next range, which is

4 N000-9659 to 9660. It will be the page one in the English version and the

5 page 53 in the Macedonian version.

6 In the Macedonian version, Mr. Bushi, it will be the last

7 paragraph, and in the English version it will be also the first line of

8 the last paragraph, between -- yes, stop there. This paragraph.

9 I wanted the Ministry of Defence which came under the opposition

10 SDSM, special democratic alliance of Macedonia, when the white coalition

11 in the government was composed for a joint offence of Macedonia, but they

12 should not engage in vicious slander against the Ministry of Internal

13 Affairs but they should be dealing with the state's defence mission from

14 the foreign aggressors that originate from Kosovo.

15 "I did not wish to politicise but simply to publicly point out

16 that at a given moment the most realistic thing to do for Macedonia is to

17 undertake the so far most fierce offensive in order to break up the

18 terrorists."

19 Mr. Bushi, are these extracts an example of what you learn of the

20 relationship between the two ministers?

21 A. Yes, it is an illustration.

22 Q. If I just -- you mention before about a threat issue by Mr. Ljube

23 Boskoski to Mr. Ijeti. Who was Mr. Ijeti, Mr. Bushi?

24 A. Mr. Ijet Mehmeti was a PPD member, and he was a minister of the

25 justice in the Macedonian government.

Page 5632

1 Q. Which threat did he issue, if you have any knowledge of the

2 content of it?

3 A. I don't remember the threat automatically, but I know that there

4 was a threat, and you can get what it was about from the Macedonian media.

5 .

6 Q. Thanks. Could we please call Exhibit P84. It is tab 12.

7 And if we could go to the first page. Thanks.

8 Mr. Bushi, are you familiar with the Ohrid agreement? You are

9 waiting, yeah.

10 A. Yes.

11 Q. We see here -- we see here the first page of the agreement of the

12 framework agreement signed the 13th of August, 2001. If we look at item

13 1, basic principles, we see that in 1.1 it reads, "The use of violence in

14 pursuit of political aims is rejected completely and unconditionally."

15 Also in item 2, cessation of hostilities, it reads, the second

16 line, "There shall be a complete cessation of hostilities, complete

17 voluntarily disarmament of ethnic Albanian armed groups and their complete

18 voluntarily disarmament of the ethnic Albanian armed groups and their

19 complete voluntarily disbandment."

20 Mr. Bushi, after the Ohrid agreement was signed on the 13th of

21 August, 2001 did you start the demobilisation of your brigade?

22 A. The demobilisation of my brigade was carried out in three phases,

23 which were completed on the 26th of September.

24 Q. Did the demobilisation start after the 13th of August, 2001, after

25 the signature of this agreement?

Page 5633

1 A. Yes, after the 13th of August and until 26th September, the

2 September after the signing of the agreement.

3 Q. Thanks. In item 3, we see that they are talking about a revised

4 law on local self-government and also with amendments in the

5 constitution. And now if we could briefly go to page 3.

6 And just for the record I have been informed in page 61, line 4 it

7 should read demobilisation not mobilisation.

8 JUDGE PARKER: And also one references to it being signed by the

9 11th of August, which should be the 13th.

10 MS. REGUE: Thanks Your Honour.

11 Q. We see -- if we could please scroll down to item 9. Thanks.

12 We see that as annexes of these Ohrid Framework Agreement there

13 are constitutional amendments and also legislative modifications.

14 Mr. Bushi, were you aware that after the Ohrid Agreement was signed, there

15 were such legislative amendments, modifications in Macedonia?

16 A. Yes, and this was the precisely the aim of the war in 2001, to

17 change the constitution.

18 Q. And to your knowledge, which was the main purpose of this

19 legislative modifications of these constitutional amendments?

20 A. To change the preamble, that is that the Albanians should no

21 longer be citizens of second level, but they should be at the same level

22 with the Macedonian people and others living in Macedonian.

23 Q. Do you know if as a result of this agreement there was any change

24 in the constitution -- in the parliamentary -- in the representation of

25 the Albanian population, the minorities in particular within the

Page 5634

1 parliament and public institutions. If you know?

2 A. Yes, there were. The representation became higher, mostly in the

3 Ministry of Defence, in the Ministry of Interior and the state

4 administration. There was a growth in the percentage in this

5 representation, but it should continue to grow.

6 Q. Thanks, Mr. Bushi.

7 MS. REGUE: Thanks, Your Honours, I have nothing further.

8 JUDGE PARKER: Thank you very much.

9 We will have the second break now and resume at [Microphone not

10 activated].

11 --- Recess taken at 5.38 p.m.

12 --- On resuming at 6.11 p.m.

13 JUDGE PARKER: Mr. Mettraux.

14 MR. METTRAUX: Thank you very much, Your Honour.

15 Cross-examination by Mr. Mettraux:

16 Q. Good afternoon, Mr. Bushi. My name is Guenael Mettraux and

17 together with my colleague Edina Residovic I'm appearing on behalf

18 Mr. Boskoski.

19 Sir, do you recall giving a statement to the Office of the

20 Prosecutor in the month of June of 2004?

21 A. Yes.

22 Q. And do you recall signing that statement two years or so later, in

23 the month of August of 2006?

24 A. Yes.

25 MR. METTRAUX: Could the witness please be shown what is Rule 65

Page 5635

1 ter 1D830. It has an ERN 1D00-7377.

2 If we could see the first page of Mr. Bushi's statement, please.

3 That would be 1D00 -- thank you.

4 Q. Sir, are you able to recognise your signature on this document?

5 A. Yes, I am.

6 Q. And do you recall telling the Prosecution when they interviewed

7 you in June of 2004 that there were no members of the so-called 114th

8 Brigade in Ljuboten on 10, 11 and 12th of August of 2001. Do you recall

9 saying that?

10 A. It's not true. I didn't say that.

11 Q. Well, could the registry please turn to page 6 of the statement,

12 please. And focus on paragraph 28, please. This would be 1D00-7382.

13 Mr. Bushi, I will ask you to look at paragraph 28 of your

14 statement. This would be the third sentence in that paragraph, and I will

15 read it out to you.

16 It says the following: "I am 100 per cent sure that not a single

17 soldier from my 114th Brigade was fighting in Ljuboten or surrounding

18 areas. I repeat again with full responsibility that nobody from 114th

19 Brigade took any actions outside of our zones of responsibilities. The

20 front of my brigade was facing Ljuboten and Ljubanci, but they were out of

21 our zone."

22 Do you recall saying that to the Prosecution?

23 A. Yes.

24 Q. And do you stand by it, Mr. Bushi?

25 A. Yes.

Page 5636

1 Q. If the registry can turn to the next page, please, of the

2 statement and focus on paragraph 35.

3 Mr. Bushi, I will ask to you look at the last sentence in

4 paragraph 35 of your statement where are you recorded as saying the

5 following: "Even I did not speak to anybody about the possibility of

6 sending my soldier to Ljuboten area, and I want to emphasise again that

7 nobody from the 114th Brigade was in the area of Ljuboten in the period

8 from 10th to 12th August of 2001."

9 Do you see that?

10 A. Which paragraph you said?

11 Q. [Previous translation continues] ... Last sentence of paragraph

12 35, please.

13 A. Yes.

14 Q. And do you recall saying that to the Office of the Prosecutor?

15 A. Yes, I do.

16 Q. And do you stand by that statement, Mr. Bushi?

17 A. I do.

18 Q. Can the registry please turn to the next page and focus on

19 paragraph --

20 Mr. Bushi, if you could look at paragraph 44, please. I'll ask

21 you to look at the second sentence in that paragraph where are you

22 recorded as saying the following: "We had our forces under control, which

23 means that nobody from NLA could attack the Macedonian forces in Ljuboten

24 or Ljubanci."

25 Do you recall saying that to the Office of the Prosecutor?

Page 5637

1 A. I do.

2 Q. And do you stand by that statement?

3 A. Yes.

4 Q. Could the registry please turn to page 13 of Mr. Bushi's

5 statement.

6 Mr. Bushi, I'll ask you to look at paragraph 78 of your

7 statement. And I read it out to you: "Being asked about the comments in

8 relation to allegation that NLA targeted the orthodox church in Ljuboten

9 where the Macedonian forces were located, I have no comments. It could

10 happen that they shelled this area themselves, since Ljube Boskoski was a

11 psychopath and dangerous even for his own people."

12 Do you recall saying that to the Prosecution?

13 A. Yes, I do.

14 Q. And do you stand by that statement, Mr. Bushi?

15 A. Yes.

16 Q. And when you sign your statement, your attention was drawn to the

17 fact that the content of this statement reflected the truth as far as you

18 can know it, is that correct?

19 A. Yes, that's correct.

20 Q. And today I believe you have indicated at page 25 you have told

21 this Court that an operation which would involve members of your so-called

22 brigade could not take place without your approval or your order. Is

23 that correct? Do you recall saying that?

24 A. Yes, I remember.

25 Q. And you've also explain that the role of Mr. Ostreni was in your

Page 5638

1 organisation. Am I correct to understand that an operation involving your

2 brigade or members of that brigade could not have gone ahead without the

3 approval of Mr. Ostreni. Am I right?

4 A. Yes, you are right.

5 Q. So that for each operation involving members of your brigade,

6 there would have to be your approval and that of Mr. Ostreni for it to go

7 ahead. Is that correct?

8 A. Yes, it is.

9 Q. Well, sir, I'm required by the rules to put our case to you, and

10 our case is that you have not been telling the truth to the Prosecution or

11 to this Chamber. And I will put a number of proposition to you.

12 I'm putting it to you that inside the village on the 10th, 11th,

13 and 12th of August, there were members of the NLA. Is that correct?

14 A. This is your own opinion, it is not true, that there were NLA

15 members in Ljuboten village.

16 Q. I'm also putting it to you, Mr. Bushi, that there were plenty of

17 members of the NLA, in particular members of your so-called brigade around

18 the village of Ljuboten on the 12th of August of 2001. Do you agree?

19 A. No, I do not. There wasn't any soldier of ours near Ljuboten.

20 Q. And I'm also putting it to you, Mr. Bushi, that these men who were

21 members of your brigade went to the village of Ljuboten on the 12th of

22 August upon your order or at least with your knowledge and approval. Do

23 you agree with that?

24 A. Your Honour, can you -- would you allow me to speak at a bit more

25 length about this question?

Page 5639

1 JUDGE PARKER: You're being asked at the moment a straightforward

2 question. If you can answer it shortly, please do so. If you want to say

3 more about it after you have answered the question, we will allow you that

4 opportunity.

5 THE WITNESS: [Interpretation] Then I would kindly ask the counsel

6 to repeat the question.

7 MR. METTRAUX: Certainly.

8 Q. Sir, I'm putting it to that you that the men, between 70 and 100

9 men, members of your so-called brigade, the 114th, went to the area of the

10 village of Ljuboten on the 12th of August upon your order or at least with

11 your knowledge and approval. Do you agree with that?

12 THE INTERPRETER: The interpreters kindly ask the counsel to slow

13 down.

14 A. I am not -- I don't agree with you -- with your fact that you are

15 putting to me about giving the orders, sending the soldiers.

16 Q. I'm also putting it to you, sir, that you personally ordered the

17 shelling of the positions of the Macedonian forces around the village of

18 Ljuboten. Do you agree with that?

19 A. I didn't give any orders.

20 Q. Sir, I'd like to ask you about a number of people, some of which

21 have already been mentioned in the course of your evidence with the

22 Prosecution, and you have indicated, I believe, that you know of a person

23 called Xhezair Shaqiri. Is that correct?

24 A. Yes, it is correct.

25 Q. And the nickname of Mr. Shaqiri was Hoxha. Is that correct?

Page 5640

1 A. Yes.

2 Q. And can you tell this Chamber what the position and role of

3 Mr. Shaqiri was at the time in August of 2001?

4 A. As I said earlier, Shaqiri's role was as a commander. I'm not

5 sure whether it was platoon or company. But he was not in the Brigade

6 113, and I don't know what role he had.

7 Q. Well, isn't it true that Mr. Shaqiri at that time --

8 THE INTERPRETER: Interpreter's correction, he was not in brigade

9 number 114 but in 113.


11 Q. Well, wasn't the truth, Mr. Bushi, that Mr. Shaqiri at that time

12 was part of the commanding structure of both the 113 and the 114th Brigade

13 that is your brigade. Isn't that correct?

14 A. He couldn't be part of both structures, namely 113 and 114. This

15 is far from the truth.

16 MR. METTRAUX: Could the witness please be shown what is Rule 65

17 ter 1D761. It has an ERN 1D00-6818. There is a Macedonian version which

18 is under the same number.

19 Q. Mr. Bushi, I apologise, I think there is no Albanian version of

20 that statement, but I'm going to read a number of passages to you.

21 Can you see on your screen the -- a statement given by Xhezair

22 Shaqiri to the Office of the Prosecutor dated the 10th of August of 2003?

23 Can you see that?

24 A. Yes, I can.

25 MR. METTRAUX: If the registry could turn to the next page,

Page 5641

1 please.

2 Q. Mr. Bushi, I'll ask you to focus on the first paragraph of this

3 statement of Mr. Shaqiri with -- where the word starts -- where the

4 sentence, sorry, starts with the words: "During the period August 9 to

5 12."

6 Can you locate that in the Macedonian version? I will read it out

7 to you. It says this --

8 A. Which paragraph?

9 Q. Paragraph 1, please. In the Macedonian version --

10 A. Yes, yes.

11 Q. I will put it to you, Mr. Bushi, it says this: "During the period

12 August 9 to 12 at the events in Ljuboten area I was inspector within the

13 commander of all NLA brigades and this period, 113rd and 114th were

14 deployed in the area above Ljuboten. The brigade commander of the 113th

15 brigade was at the time Commander Sokoli and the commander of the 114th

16 Brigade, Adashi?

17 Well, first can you confirm that Adashi is yourself? Is that

18 correct?

19 A. Yes.

20 Q. And you will also see that Mr. Shaqiri says that at the time he

21 was inspector within the command of all NLA brigades. Is that correct?

22 A. That is not correct. There wasn't any such link in the structures

23 of the NLA.

24 Q. So is your evidence that in -- Mr. Shaqiri didn't know what

25 position he held in August of 2001?

Page 5642

1 A. I cannot make comments on his statement.

2 Q. Can you recall that when you were asked by the Prosecution where

3 you say he was during the action of Ljuboten, and I'm talking about

4 Mr. Shaqiri, you responded that he was in Nikustuk with you and that you

5 discussed what was happening in Ljuboten. Do you recall that?

6 A. Yes, I do.

7 Q. And do you recall also telling the Office of the Prosecutor that

8 when he asked you what you could do about what was happening at the time

9 in Ljuboten, you told the Prosecution that you told him that you could do

10 no more than inform the Albanian political representative and the

11 international representatives which were in the country at that time. Do

12 you recall that?

13 A. Yes, I do.

14 MR. METTRAUX: If the witness could be shown, once again what is

15 Rule 65 ter 1D830. It is ERN 1D00-7377.

16 THE INTERPRETER: Your Honours, interpreters kindly ask the

17 counsel to slow down.

18 MR. METTRAUX: I think they are seeking a binding order from you,

19 Your Honour. I will try to slow down.

20 JUDGE PARKER: If I thought an order would manage to slow you

21 down, Mr. Mettraux, I would give one.

22 MR. METTRAUX: If the registry could turn please to page 7 of

23 Mr. Mr. Bushi's statement.

24 Mr. Bushi, this is again the statement which you gave to the

25 Office of the Prosecutor. I will ask the registry to go to page 7,

Page 5643

1 please.

2 And if you could focus on paragraph 35, please.

3 Q. Mr. Bushi, I will ask to you look at the start of paragraph 35 of

4 your statement and I will read it out to you. In the English version it

5 says this: "During the Ljuboten events from 10th, 13th of August, 2001,

6 Xhezair Shaqiri used to come to Nagustak several times, and we were

7 discussed the Ljuboten attack. He just asked me if I knew what was going

8 on in Ljuboten and what could we do to prevent the massacre. I said that

9 there was nothing we could do and that we only could inform the Albanian

10 political representatives and international representatives in the

11 country."

12 Do you recall saying that to the Prosecution?

13 A. Yes, I do recall.

14 Q. And do you stand by that comment, or that statement?

15 A. Yes.

16 Q. I'll ask to you look a bit further done in that paragraph.

17 There's a sentence starting with the words in the English: "I did not

18 speak to Xhezair Shaqiri."

19 Can you see that?

20 A. Yes.

21 Q. It says this: "I did not speak to Xhezair Shaqiri about the

22 possibility of sending some NLA soldiers from 114th Brigade to Ljuboten

23 area, even I did not speak to anybody about the possibility of sending my

24 soldiers to Ljuboten area."

25 Can you see that?

Page 5644

1 A. Yes, I can.

2 Q. And you've indicated today also that when you say he visited your

3 HQ or your position in Nikustuk on the 10, 11 or 12th of August, he never

4 mentioned any attempt to go to Ljuboten. Is that correct?

5 A. Yes, it is.

6 Q. And you've also mentioned a person called Ramadan Limaj, and you

7 have indicated that he was your chief of operations. Is that correct?

8 A. Yes, that's correct.

9 Q. And you've indicated, I believe, that during the weekend 10 to 12

10 of August, 2001, Ramadan Limaj remained with you in or around Nikustuk.

11 Is that correct?

12 A. Not only in Nagustak, he was also in Vistica because he kept

13 moving.

14 Q. Can I request you then --

15 MR. METTRAUX: Can I ask the registry to turn to page 11 of

16 Mr. Bushi's statement, please. That Would be 1D00-7387.

17 Q. As for yourself, Mr. Bushi, is that correct that during the period

18 from 10th to 12th of August 2001 you were at all times in your HQ in

19 Nikustuk. Is that correct?

20 A. That's correct.

21 Q. And you've also talked about a person called Nazmi Sulejmani, also

22 known as Arusha. Do you recall?

23 A. Yes.

24 Q. And do you know where he was during the weekend 10, 11, and 12 of

25 August of 2001?

Page 5645

1 A. He must have certainly been in the operation field of Brigade 114.

2 Q. And that would be with you in Nikustuk; is that correct?

3 A. Not personally with me.

4 Q. But in the same location?

5 A. He might have been also in Vistica.

6 Q. You've also mentioned a man called Xhavit Asani. Do you recall?

7 A. Yes.

8 Q. And his nickname was Tanusevci. Is that correct?

9 A. No, that is not correct. "Masale" was his nickname.

10 Q. And you have indicated I believe that Mr. Hasani Xhavit was and

11 remained a member of your brigade up until its demobilisation on the 26th

12 of September of 2001. Is that correct?

13 A. Correct.

14 Q. And you have also indicated, I believe, that he had remained with

15 you at all times during the weekend 10 to 12 of August of 2001. Is that

16 correct?

17 A. Yes, and I can certify to that, that he was with me all the time.

18 Q. Sir, perhaps do you know a person who used the nickname or the

19 alias Dajo? Do you know that? Dajo.

20 A. Yes.

21 Q. Can you tell the name of that person?

22 A. Yes. There were two persons, Fazil Valiu and Habid Loki from

23 Skopje. They had both the same nickname.

24 Q. And do you know the person who had the nickname Tushi?

25 A. No.

Page 5646

1 Q. Can you tell this Chamber who was your legal advisor at that time,

2 if you had one, Mr. Bushi, in August of 2001?

3 A. I didn't have one.

4 Q. Did you have an office for public relations?

5 A. We had an office for morale and information for the officers.

6 Q. And did you have a public information office?

7 A. No.

8 Q. Did you have a department for civilian affairs?

9 A. No.

10 Q. You've indicated, I think, that much or a good part of your

11 communications with the people above and below you in your organisations

12 were done via satellite phones or mobile phones. Is that correct?

13 A. Could you please repeat your question.

14 Q. Yes. I'm asking whether it is correct to understand that a good

15 part of your communications between yourself, on the one hand, and the

16 persons above or below you, on the other, within your brigade, were being

17 done through satellite phones or mobile phones.

18 A. We did have contacts through satellite phones with a general,

19 Gezim Ostreni, while with the soldiers and commanders with Motorolas. As

20 for the mobile phone. I had a personal mobile phone that I used for

21 contacting members of my family and maybe on occasions a soldier or a

22 friend. But most of the time the communication with soldiers was through

23 Motorolas.

24 Q. And one of the reasons you explain, I believe, why you use

25 code-names and codes in general was because of your concern that your

Page 5647

1 communications could be overheard. Is that correct?

2 A. Correct. But this also went through satellite phones.

3 Q. And you were asked earlier on by the Prosecution whether Ljuboten

4 had any importance or relevance to your organisation and you said that it

5 had none. Do you recall saying that?

6 A. I do recall, yes.

7 Q. Isn't the case that Ljuboten and the area around Ljuboten was of

8 strategic importance to your organisation as control over that area would

9 close the gap north of Skopje between Radusa and Tanusevci and facilitate

10 the transfer of men, logistic and pose a direct threat to Skopje. Would

11 you agree with that?

12 A. I do not agree with that. It had no importance whatsoever for us.

13 Q. Then would you agree that if you had had control over that

14 particular territory all three brigades, the 113, the 114th, and the

15 115th, could have been linked together. Do you agree with that?

16 A. I don't know.

17 Q. Well, isn't the case, Mr. Bushi, that you and your brigade were in

18 fact ordered by your superior to close that gap. Did you receive any such

19 order?

20 A. No, I didn't receive any such order.

21 Q. And that order, Mr. Bushi, I'm putting it to you, is the

22 explanation behind the -- the attack in Ljubotenski Bacila. Is that

23 correct?

24 A. That is not correct.

25 MR. METTRAUX: Could the witness please be shown 1D829. This is

Page 5648

1 1D00-7270. In Macedonian, this is 1D00-7315.

2 Your Honour, this is the same set of information which was used in

3 part by my colleague earlier on in examination-in-chief.

4 I'll ask the registry to go to page 1D00-7278, please.

5 Q. Sir, you will recall you've been shown this particular passage by

6 my colleague a bit earlier, and I will refresh your memory by reading it

7 to you.

8 It says this: "According to the available but as yet unconfirmed

9 information, the 114th NLA Brigade is said to have received the order to

10 close the existing gap north of Skopje between Radusa, Rastak and

11 Tanusevci. This would therefore make possible fighting in the whole area

12 of the 111, 113rd and 114th NLA brigade and the Blace border crossing

13 would be in the sphere of influence of the NLA."

14 Do you recall being shown that passage earlier on by my colleague?

15 A. I do recall it.

16 Q. And you suggested that in fact this was a sort of a pending order

17 that should only be enforced if the Ohrid Framework Agreement was not

18 adopted. Is that correct?

19 A. Yes, that's correct.

20 Q. But, in fact, this is not the case. This order was in fact

21 carried out and it was carried out in Ljubotenski Bacila. Isn't that

22 correct?

23 A. This is not correct. The order was not carried out.

24 MR. METTRAUX: Could the registry please turn to what is page

25 1D00-7281 in the same document.

Page 5649

1 Q. Mr. Bushi, this is again the same type of information that was

2 provided to us by the Office of the Prosecution. It is dated the 10th of

3 August of 2001.

4 Can you see it?

5 A. May I see it?

6 I still can't see the other version.

7 Q. Can you see the Macedonian version in front of you, Mr. Bushi?

8 A. No, I don't have it.

9 Q. This would be 1D00-7281 in the English.

10 A. Now I have it.

11 MR. METTRAUX: It is not the right page.

12 THE WITNESS: [Interpretation] Just a moment. Now I'm getting

13 something else on my screen.


15 Q. I'll read the passage to you, Mr. Bushi, if that can assist. It

16 says this --

17 A. I don't see the Macedonian paragraph.

18 Q. [Previous translation continues] ... With the words: "Regarding

19 the mine explosion at Ljuboten."

20 Can you see that?

21 A. No. I only can see the English version, not the Macedonian

22 version.

23 MR. METTRAUX: Can the Macedonian version be scrolled up. I

24 believe this is the version that is on the screen. Up, please. It would

25 be the previous page, I believe, in the Macedonian version. I apologise.

Page 5650

1 And if we could go to the bottom of that page.

2 Q. Can you see a document which starts with the word: 10082001, Butan

3 1 and it is dated the 10th of August of 2001. Can you see that? It is at

4 the bottom of the page, Mr. Bushi.

5 A. Yes.

6 Q. Turn to the next page in the Macedonian but not in the English.

7 Can you see the words: "Regarding the mine explosion at

8 Ljuboten," can you see this sentence?

9 A. Yes, yes, I can see it.

10 Q. I'll read it out to you. It says this: "Regarding the mine

11 explosion at Ljuboten, 12 kilometre north of Skopje, according to

12 available but so far unconfirmed information, the mining could be the

13 starting operation of the team of the 114th Brigade which have been

14 brought in from Kosovo via Tanusevci. This brigade is said to have

15 received the order to close the gap between Radusa and Tanusevci. A

16 coordinated push in conjunction with the forces of the Albanian national

17 army is considered as likely in this respect."

18 Can you see that?

19 A. I can see that.

20 Q. Then the report continues to say: "The goal could be achieve to

21 achieve a fete accompli in the sense of ethnically pure areas before the

22 expected signing of the framework agreement on Monday, 13 August, 2001. A

23 further indication of this seems to that be the fighting reported from

24 Radusa since midnight has clearly been getting worse since midday.

25 Reliable sources report ongoing clear reinforcements of the NLA forces

Page 5651

1 deployed there. It at the moment not known under what circumstances, with

2 what strength, and with what intention the Macedonian military forces were

3 at Ljuboten at the time of the explosion."

4 Can you see that?

5 A. I can see that.

6 Q. And that incident, sir, to call it that, at Ljubotenski Bacila

7 that was in fact the carrying out of the order that had been given to you

8 to close the gap. Isn't it?

9 A. This is not correct. No order was issued to this effect, and at

10 the time, the AKSH did not exist.

11 Q. But what about ANA, sir, did that organisation exist at the time?

12 A. No.

13 MR. METTRAUX: Could the witness please be shown Exhibit 2D35.

14 Q. Sir, this is a document from the security and counterintelligence

15 division of the Ministry of Interior of the Republic of Macedonia. It is

16 dated the 6th of June of 2001.

17 Can you see that?

18 A. Yes, I can.

19 MR. METTRAUX: If the registry could turn to the second page of

20 the English, please.

21 Q. This document records the fact that the NLA was carrying a

22 number -- a number of activities in the area and one of them under point 2

23 is the following: "To monitor from numerous heights in the hills of the

24 Skopska Crna Gora where NLA reconnaissance points had been placed. The

25 movement of the Macedonian security forces on the route between Aracinovo,

Page 5652

1 Stracinci, Cresevo, Bulacani, Rastak, Ljuboten and initially with physical

2 presence and later with military actions to instigate fear among the

3 Macedonian inhabitants who would flee in the direction of Skopje in

4 panic."

5 Can you see that?

6 A. I don't have the version in the Macedonian language.

7 MR. METTRAUX: Could the document be turned to the next page,

8 please.

9 Q. Mr. Bushi, could you look at the paragraph which is numbered as

10 paragraph number 2. Can you see it?

11 A. Now I can.

12 Q. And do you recognise the paragraph that I have just read to you?

13 A. Yes.

14 Q. If you look at the next paragraph it says this: "With that, the

15 Aracinovo-Ljuboten corridor would be opened, which, according to their way

16 of thinking would be significant for several reasons. It would make easy

17 the NLA military actions near Aracinovo (for supplying weapons, food,

18 medication but also for the possible retreat of the terrorists).

19 "Actions towards Skopje would be greatly facilitated both in terms

20 of classical terrorist sabotage and open military action. Such a corridor

21 would protect the NLA positions at the Matejce monastery and thus also

22 protect their position in the village of Otlija, Matejce and Vistica.

23 Can you see that?

24 A. Yes, I can.

25 Q. And that is in fact the importance of Ljuboten and the greater

Page 5653

1 Ljuboten area to your organisation. Is that correct?

2 A. First of all I would like to say that the NLA was not a terrorist

3 army, and the rest of what you're putting to me is far from truth and as I

4 said earlier Ljuboten had no importance whatsoever for us.

5 Q. Isn't the truth that the attack at Ljubotenski Bacila was a step

6 taken by you to achieve those goals? Is that correct?

7 A. We did not do that.

8 Q. Well, we'll come back to that.

9 But for the time being, I would like the witness to be shown Rule

10 65 ter 1D320. It is 1D00-2966.

11 Mr. Bushi, what I'm going to show to you is a statement taken by

12 the Office of the Prosecutor of another person. His name is Mr. Peter

13 Matthiesen and at the time of the events he was the military attache to

14 the German embassy.

15 I would ask the registry to turn to page 11 of this statement,

16 please. This is 1D00-2976.

17 Mr. Bushi, I will read it out to you since we have not been able

18 to find the Macedonian version yet. I will read the passage to you. It

19 says this.

20 A. [No interpretation].

21 Q. Paragraph 49, please. It says this: "The mine incident and the

22 events in Ljuboten occurred on the last days before the Ohrid Agreement

23 was signed. I received information from Albanian sources that the mine

24 incident was planned to straighten the front line and close the gap

25 between the NLA brigades north of Skopje, the 114th and the 115th

Page 5654

1 Brigade. The place of the later mine incident was located exactly in this

2 gap area."

3 Do you see that?

4 A. I cannot see it here.

5 Q. But do you agree with the proposal of Mr. Matthiesen that this is

6 in fact what happened?

7 A. No, I do not agree.

8 Q. Well, perhaps you can agree with the proposition that the blowing

9 up of police or army convoy was one of the favourite means of action of

10 your organisation, the NLA. Do you agree with that?

11 A. It depends on where, but for this particular issue here, no.

12 Q. Well, would you agree with the suggestion that it was one of the

13 few means of attacks that your organisation was capable of mounting

14 against Macedonian forces to cleanse certain areas which you wanted to

15 control. Do you agree with that?

16 A. Which area are you talking about now?

17 Q. Perhaps I'll ask you a specific question about this.

18 MR. METTRAUX: Could the witness be shown what is Rule 65 ter

19 1D814. It is 1D00-7172.

20 Your Honour, this was one of the documents which was shown, which

21 was discussed originally before -- yes, I see the time, Your Honour.

22 Sorry.

23 JUDGE PARKER: I'm not sure that we will be able to spend time --

24 MR. METTRAUX: I agree, Your Honour.

25 JUDGE PARKER: I think we need to finish for the day.

Page 5655

1 We must finish in this minute. So we will adjourn to resume

2 tomorrow at 3.30.

3 --- Whereupon the hearing adjourned at 6.59 p.m.,

4 to be reconvened on Wednesday, the 26th day of

5 September, 2007, at 3.30 p.m.