Page 820
1 DAY 7
2 (9.15 am) 3 JUDGE CASSESE: Good morning. May I ask the 4 Registrar to call the case number? 5 THE REGISTRAR: Case number IT-95-13a-T, 6 Prosecutor versus Dokmanovic. 7 JUDGE CASSESE: Thank you. May I have the 8 appearances please? 9 MR. NIEMANN: If your Honours please, my name 10 is Niemann and I appear with my colleagues, 11 Mr. Williamson, Mr. Waespi and Mr. Vos. 12 JUDGE CASSESE: Thank you. 13 MR. FILA: Good morning, your Honours. I am 14 Toma Fila, appearing with Miss Lopicic and Mr. Petrovic 15 on behalf of Mr. Dokmanovic. Thank you. 16 JUDGE CASSESE: Thank you. I will ask whether 17 Mr. Dokmanovic can hear me. Can you? Yes. Thank you. 18 So I assume the witness will be 19 brought in. 20 (The witness entered court) 21 JUDGE CASSESE: Yes. Please sit down. Thank 22 you. Mr. Fila, may I remind you that you should please 23 be so kind as to speak slowly and to wait a few seconds 24 before you put the next question, otherwise we cannot 25 follow you. Thank you. Page 821 1 DRAGUTIN BERGHOFER (continued) 2 Cross-examined by MR. FILA (continued) 3 Q. Mr. President, I have even written down for 4 myself a reminder to that effect. 5 Mr. Berghofer, you spent several days in the 6 hospital before 20th November. 7 A. The 18th and 19th. 8 Q. Was there a room for wounded reservists or 9 JNA members in the hospital? 10 A. I would not know. 11 Q. Yesterday you spoke about reservists. What do 12 you imply under that term? 13 A. In the former Yugoslavia men who had done 14 their military service could, after five or six years, 15 receive military uniforms in the event of a war so as 16 to be prepared for action. 17 Q. To be mobilised? 18 A. Yes. And those are the people I consider to 19 be reservists. 20 Q. Are those units within the JNA or are they 21 paramilitary units? 22 A. According to that system, in Yugoslavia they 23 would be legal. However, now they appeared to be 24 paralegal. Paramilitary. 25 Q. Well, how have you come to that conclusion? Page 822 1 A. Because only they received uniforms as far as 2 I know these others were not in uniform. I do not know. 3 Maybe somebody was in their command, and then they 4 would be within the JNA, if somebody ordered them to go 5 there, but I do not know that. 6 Q. In your testimony you said that Dr. Bosanac 7 had became director of the hospital. When Dr. Ivankovic 8 was pushed aside, you said. What did you mean? 9 A. I do not remember. I cannot recall saying 10 that, that Dr. Bosanac was director and that he had been 11 pushed aside. I cannot remember that. Could you please 12 remind me in more detail, if possible? 13 Q. We will find it in a moment. 14 On page 3, you said: 15 "Dr. Bosanac became director in the hospital 16 as soon as Dr. Ivankovic had been pushed aside." 17 A. I just -- 18 Q. That is your statement. 19 A. Well, very well. Perhaps I did say that, but 20 I remember that on the night between 19th and 20th, 21 Dr. Bosanac gave -- conveyed a message to Dr. Ivankovic 22 asking him to come to an office and then he said to 23 her, "how come you want me now and for three months you 24 never called me". I remember that. 25 Q. Yes, but you did not give me the answer why Page 823 1 you use the term, "pushed aside". Was that because he 2 was a Serb? 3 A. That was not my expression. That is not an 4 expression I use. 5 Q. But that is what is written there. 6 A. No, I could not have said that. I may have 7 said that he was replaced. 8 Q. May I remind you that you signed that 9 statement? 10 A. Perhaps I did, but maybe in the translation 11 when I said that he was replaced they interpreted it as 12 being pushed aside. Maybe the person who was 13 translating instead of putting, "replaced", put, 14 "pushed". 15 Q. We will look at the English version. Since 16 I do not speak English would you please allow my 17 colleague to read it out for the witness? 18 MR. PETROVIC: "Dr. Bosanac became director of 19 the hospital, which had pushed Dr. Ivankovic to one 20 side. She wanted to talk to Mladen because the 21 occupation of the Chetniks..." 22 A. No, I must assert that he was replaced. He 23 was dismissed. Let me give you the reason. When we 24 would come to the hospital at times, bringing food, 25 then a nurse called Mandic who is also a Serb, she is Page 824 1 in Zagreb now, said, "Mr. Nikola and Drago, in future 2 when you bring something, do not bring it to 3 Dr. Ivankovic but bring it here because he has been 4 replaced". 5 So I would never have used the term, "pushed 6 aside", that he was replaced, yes, it is true. 7 Q. But why was he replaced? 8 A. Well, you must ask the professionals, I am very 9 good friends with Dr. Ivankovic. I was a friend for 15 or 10 16 years. I have every appreciation for him still, but 11 why he was replaced I could not tell you. 12 Q. During your stay in the hospital for three 13 days, 17, 18 and 19, did you see Dr. Dokmanovic 14 anywhere? 15 A. No. 16 Q. You said yesterday that you were put on the 17 buses. What kind of buses? Military or civilian? 18 A. Civilian. 19 Q. And you were driven to the JNA barracks. 20 A. Yes. But they were not buses from Vukovar. 21 I wish to underline that. 22 Q. What kind of buses were they in terms of 23 colour, licence plate? 24 A. As far as I can remember, I think the 25 licences were of Zarenijan. They were not very new, but Page 825 1 they were not that old either, maybe ten years old. 2 Q. What colour were they? 3 A. They were beige, off-white. 4 Q. You said that you mentioned Professor Licina. 5 A. Yes. 6 Q. Where did he get off the bus? 7 A. In the barracks. 8 Q. He got off the bus in the barracks? 9 A. Yes. A reservist said, "Mr. Licina, how come 10 you are here?" He shrugged his shoulders and five 11 minutes later he was taken out. He, Hidek, and Kolesar, 12 the husband of the head nurse of Dr. Ivankovic. 13 Q. You are quite sure, he was not taken off at 14 Ovcara? 15 A. No, no, he was sitting in front of me in the 16 bus. 17 Q. I forgot to ask you, did the Serbs start 18 leaving Vukovar before these events when you went to 19 the hospital? 20 A. You are thinking of these two days? 21 Q. No, no, before that, June, July, August, 22 September. 23 A. Some did go. I cannot say they did not. 24 Others stayed with me in the basement. I can tell you 25 their names. I am still good friends with them. Page 826 1 Q. I should now like to ask you, since you said 2 you had a watch when you were in the barracks, about 3 what time did you leave the JNA barracks and at what 4 time did you reach Ovcara? 5 A. Sir, I must explain. I had two watches, 6 a wristwatch and a pocket watch, but I think it was 7 around -- do not take me by my word -- but it was about 8 five to one or ten past one in the afternoon. In the 9 afternoon. 10 Q. Where were you at ten past one? 11 A. We left the barracks then. 12 Q. And roughly at what time did you reach 13 Ovcara? 14 A. They did not drive fast, they drove rather 15 slowly, so roughly half an hour, about 2 pm. I could 16 not really tell you exactly. 17 Q. But around 2 pm. 18 A. Yes. 19 Q. You said yesterday that you saw Slavko 20 Dokmanovic during the time when the buses were still 21 being unloaded? 22 A. Yes. 23 Q. Does that mean before all the buses had been 24 unloaded? 25 A. Yes. Page 827 1 Q. Was that daytime when visibility is good, was 2 it dusk or was it night-time? 3 A. Let me add, sir, take into consideration that 4 there were about 240 of us. That is not the exact 5 figure, but roughly, and take into consideration that 6 first our personal documents were seized. Then we were 7 beaten. 8 Q. You were saying that the buses were being 9 unloaded. Was that a time when visibility was very good 10 when you saw Dokmanovic? 11 A. Yes, it was still complete daylight. 12 Q. You told us yesterday that you were later on 13 taken out of the hangar and that you spent some time 14 outside, and then you were taken by a vehicle somewhere 15 else. 16 A. Yes. 17 Q. When you were taken out of the hangar was it 18 still daylight? 19 A. Yes, yes. There was daylight for another 20 roughly 40 minutes. 21 Q. From the moment you left the hangar, another 22 40 minutes of daylight? 23 A. Yes, something like that, 45 maybe. 24 Q. So when you left it was dark or was it dusk? 25 A. It was dusk, but when we reached the main Page 828 1 road, Vukovar, Negoslavci, it was completely dark. 2 Q. From the moment you left the hangar, did you 3 go back into it? 4 A. I did not. 5 Q. Can I take it, then, that from the moment you 6 were taken out of the hangar until you were taken 7 towards Velepromet and wherever, you were outside all 8 the time? 9 A. Yes, that is correct. 10 Q. Yesterday you described to us how you entered 11 -- and the beatings, and so on. In answer to 12 a question from the Prosecution, you said, "in such 13 situations one sees...", and then you added something 14 else. You used a term that I did not quite catch. 15 Could you repeat it? 16 A. Well, you see, in such circumstances -- 17 Q. You were saying something to the effect, you 18 saw... and something else. 19 A. Well, of course. One is not indifferent in 20 such circumstances and one is doing one's best to avoid 21 the beatings. I may have added something else but could 22 you remind me? 23 Q. Let me remind you. You said that one sees 24 things that one does not see. 25 A. Yes, when I was hit in the head, the Page 829 1 Prosecutor asked me whether I lost consciousness. No. 2 On the contrary. I saw the stars. Something to that 3 effect. 4 Q. But you said, "one sees things that one does 5 not see", under such circumstances. 6 A. Yes, yes, that is so. 7 Q. You said that your wife was killed by the 8 shelling on 6th November. 9 A. Yes. 10 Q. You remember very well that date? 11 A. It was 6th November. 12 Q. How can you explain that in your statement it 13 says that she was killed on 4th November? 14 A. I still think it was the 6th. 15 Q. But in your statement you said the 4th. It is 16 an important date, I assume. 17 A. Perhaps she was killed on the 4th and we 18 buried her on the 6th in the hospital, but I still 19 think it was the 6th. 20 Q. Are you sure? 21 A. I am sure. 22 Q. What are you sure of? Was it the 4th or the 23 6th? 24 A. The 6th. 25 Q. You are sure it was the 6th? Page 830 1 A. The 6th. 2 Q. Then please explain why, in your previous 3 statement, you said the 4th. 4 A. You see, in many statements the translator 5 may not translate things correctly. 6 Q. But Mr. Berghofer, you signed that statement. 7 Surely you know what you say and what you sign. 8 A. Yes, of course I know what I say, but it is 9 not my way to sign things. Maybe here, now, someone may 10 be wrong. There are three dates I remember well. When 11 I got to Ovcara, when I returned from Mitrovica and 12 when that woman was killed. 13 Q. In your statement it says that the statement 14 was read out to you before by the investigator, before 15 you signed it. 16 A. Yes, he did read it. 17 Q. Why did you sign it if it was not correct? 18 A. Well, perhaps I was tired or simply I did not 19 follow carefully. 20 Q. Does it occur to you that you mix up dates 21 and times? 22 A. Well, not so much dates, and some dates 23 I really do not remember but certain specific dates 24 I do remember well. 25 Q. Mr. Berghofer, you said that you knew Page 831 1 Dokmanovic only by sight. 2 A. Yes. 3 Q. Does that mean that Dokmanovic does not know 4 you? 5 A. Probably not. 6 Q. If you are wrong with dates could you not mix 7 up faces too? Maybe somebody reminded you that this was 8 Dokmanovic. Somebody told you. 9 A. No. I know roughly 20,000 people. I know the 10 names of many. Others I do not. Him I know by sight. 11 Q. Did anyone remind you of this? Refresh your 12 memory? 13 A. That was not necessary. I was active in 14 football and I know that he played football too. 15 Q. You lost your daughter, you lost your wife, 16 you lost your property, your life was in jeopardy. You 17 are in a difficult situation. You are being beaten. You 18 cannot remember exactly when your wife was killed. How 19 can you expect me to believe that you will remember 20 a person you do not know? 21 A. Let me tell you straight away, it was only in 22 Zagreb that I learned that my daughter was missing. 23 I left and my daughter was in another house. She was 24 married. I left that house on 24th in the night when 25 they fired at it, and I learned that my daughter was Page 832 1 missing in 1993, I think. Some people from Vukovar came 2 and said that my daughter was not there, then I thought 3 to myself, "that must be a mistake". I do not know 4 whether that is of any interest to you but let me tell 5 you, I was divorced from their mother in 1981 and this 6 other lady that got killed, I considered her to be my 7 wife, though we were not married. So it was only in 8 1993 in Zagreb that I learned that my older daughter, 9 who is one year senior to the younger one, was missing. 10 Q. You had no contact with her until 1993 and 11 you did not look for her? 12 A. I could not. There was no communication with 13 Vukovar. It is only now for the past six months. 14 Q. But there was the Red Cross and other 15 organisations. Very well. 16 A. I did not mention, sir, that while I was in 17 Mitrovica, my mother was in hospital. She fell, being 18 short she had a broken hip and she died. It is 19 something I did not tell you, and who could find one's 20 daughter out of the 300,000 exiles that Croatia had, or 21 something like that. 22 Q. You mentioned a name called Duvnjak and that 23 someone shot at him. Let me remind you. 24 A. Sir, I am here under oath. I did not say he 25 was shot at. Page 833 1 Q. I am sorry, maybe I misunderstood. Will you 2 please describe once again what you said to avoid all 3 misunderstanding? 4 A. Very well. Around the 19th November, and 5 I must be very careful with the minutes so as not to 6 make any mistakes. 7 Q. Do not worry. 8 A. Well, anyway, on 19th in the afternoon this 9 receptionist from the hospital came. His name is Bogdan 10 Kuzmic. I just remembered, luckily, his name, and he 11 entered a car. From the room I was in I looked out and 12 I saw on a chair this Duvnjak sitting on a chair as 13 a wounded person. He was about 12 metres away from me, 14 and I just heard him shrug his shoulders and say, "what 15 else could I do?". That is all I heard. 16 Q. When did you see him for the last time? Was 17 he taken away then? 18 A. I did not see him being taken away. I just 19 saw Kuzmic talking to him. 20 Q. You do not know what happened to him 21 afterwards, this Duvnjak? Is he a Croat or a Serb? 22 A. I think he was a Croat. He worked in the 23 police. 24 Q. You told us yesterday that at one point in 25 time you saw Slavko Dokmanovic and you were not quite Page 834 1 sure what time it was. It was 2 pm, right? 2 A. It was closer to 3 pm. 3 Q. But it was not 4 pm? 4 A. Well, it was between 3 and 4 pm. I really 5 cannot tell you exactly. 6 Q. Was it daylight and people are still coming 7 off the buses at that time? 8 A. Yes. 9 Q. Will you please tell us once again what 10 Slavko Dokmanovic was wearing. Could you start from the 11 bottom? 12 A. He had a complete pilot's uniform of the 13 former Yugoslav army. 14 Q. What was he wearing on his feet? 15 A. Normal regular shoes. 16 Q. Not boots, shoes? 17 A. Shoes, as far as I could see. 18 Q. Then I assume he was wearing trousers. What 19 colour were the trousers? 20 A. Dark blue, navy blue. 21 Q. And then what else? 22 A. Then he had a kind of wind jacket, 23 a wind breaker, a kind of synthetic material. It was not 24 buttoned up. 25 Q. You are using a local term, "basket jacket", Page 835 1 that people do not know. It comes from basketball. 2 A. Well, very well, a wind jacket then. 3 Q. With a zip? How did it button up in front? 4 A. In front. Yes, with a zip. You know what that 5 is, do you not? 6 Q. Yes, of course I do. So a wind jacket from 7 a nylon material with a zip in front. 8 A. Can you hear me now? 9 Q. I apologise. You said it was a nylon 10 wind jacket with a zip in dark blue. 11 A. No. The suit, the pilot's suit was dark blue. 12 You know that very well, what the pilot's uniform was 13 like in the Yugoslav army. They differed. 14 Q. Very well. I have understood you, but then 15 the wind jacket with a zip. What colour was it? 16 A. Well, it was more like black, but it was 17 still darker, dark blue. 18 Q. Was he wearing it? Were his hands in the 19 sleeves? 20 A. Yes, he was wearing it, but it was not 21 buttoned up. 22 Q. Could you see his shoulders? 23 A. Yes. 24 Q. Were there any insignia on the shoulders? 25 A. I did not see. Page 836 1 Q. Underneath that wind jacket? He must have 2 been wearing something underneath. 3 A. Yes, he was, he was wearing his jacket. Or 4 the blouse. 5 Q. And below that blouse? 6 A. A shirt and a tie. 7 Q. What colour? 8 A. The shirt was blue. A bit lighter blue. 9 Q. Was he wearing anything on his hat? 10 A. No. He was bareheaded. 11 Q. All that time -- 12 A. I could not tell you -- 13 Q. But while you were looking at him? 14 A. I was not looking at him all the time, sir. 15 He was inside. He was maybe inside for four or five 16 minutes, maybe 10 minutes. I pointed out in my 17 statement that I was not sure for how long they were 18 beating this man. Later on I realised it was Sinisa 19 Glavasevic. 20 Q. You said it was four or five minutes but how 21 long were you looking at him like you are looking at us 22 now? 23 A. Well, roughly for the same time, same amount 24 of time. I cannot really count the minutes. I cannot 25 tell you with absolute precision. Page 837 1 Q. Very well, but throughout that time while you 2 were looking at him, he did not have anything on his 3 head. That is my question. 4 A. As far as I can recall, he had nothing. 5 Q. Was he without a hat when he addressed the 6 Cakalic? 7 A. I really could not tell you. When I saw him 8 as far as I can remember his cap was attached on his 9 right side. 10 Q. Attached to what? Attached to what? 11 A. As if it was in the pocket of his wind jacket. 12 Or maybe at his belt here in front. 13 Q. So he had a belt too, an army belt? 14 A. No, a belt, an ordinary belt. 15 Q. I know the difference, I am asking you 16 whether he had a military belt or an ordinary belt. 17 A. He had an ordinary trouser belt. 18 Q. So he had the Tito cap which was attached to 19 his belt on his trousers? 20 A. Yes. 21 Q. Let me ask you now, in all the statements you 22 made, you never mentioned this Tito cap, nor any 23 wind jacket or basket jacket. Why did you not? 24 A. No one asked me about Dokmanovic. It was only 25 me, myself who volunteered the information that he was Page 838 1 there. There may be other things that one could not 2 remember. 3 Q. But no one asked you about the wind jacket 4 yesterday and you spoke about it now. How come you did 5 not before? 6 A. Perhaps I just did not remember or people did 7 not enquire. 8 Q. Well, how come you mentioned it yesterday? 9 A. Well, no one asked me about shoes yesterday. 10 You did today, so it depends on what questions one is 11 asked. 12 Q. In the statement you made before this 13 tribunal you said that you saw him at 2 pm. 14 A. Sir, I told you that I cannot guess the exact 15 time, but I am quite sure that when we left Ovcara it 16 was getting dark because the lights were switched on. 17 Q. That was when you were leaving, but when you 18 were arriving? 19 A. When we were arriving it was full daylight. 20 Q. In answer to a question by the Prosecutor you 21 said it was 2 pm. Shall I read it to you? 22 A. You can read it, yes. We reached Ovcara 23 somewhere around 2 pm, and then it took time for people 24 to get beaten and I told you, that took some time. I do 25 not know why you are so interested in these times. Page 839 1 MR. FILA: Let me read it to you: 2 "About 2 pm the reservists..." 3 "The reservist", you said, "Slavko 4 Dokmanovic". Today you said he is a JNA officer: 5 "... who was president of the municipality 6 entered the hangar and said to Emil, 'you are here 7 inspector, too...' " 8 MR. NIEMANN: Your Honours, may I refer 9 whether counsel is referring to the transcript or to 10 a statement because I am sure he said to the witness 11 that it was a transcript of yesterday's proceedings 12 that he was quoting from. 13 MR. FILA: No, not yesterday's transcript, but 14 the statement of the witness. The statement made to the 15 investigator Mr. Curtis, the same gentleman who arrested 16 Dokmanovic. 17 It is his statement and it is a part of the 18 record, if I have understood well. 19 MR. NIEMANN: Well if Mr. Fila would allow me, 20 I am merely saying that it should be made clear to the 21 witness that it is not his testimony yesterday, but in 22 his previous statement. 23 MR. FILA: That is what I said, that I was 24 invoking his statement, and that is what I am reading 25 from. I do not know what page it is though. I will tell Page 840 1 you right now. 2 JUDGE CASSESE: Mr. Fila, actually, honestly, 3 I too misunderstood you. I thought you were speaking of 4 the transcript, so therefore it was a very good 5 clarification, a point of clarification, so it is clear 6 that you are now mentioning his statement and not the 7 transcript. 8 MR. FILA: Just to be quite clear, I am 9 talking about two statements. First is the statement he 10 gave to Kevin Curtis, page 7 -- is it 7? Yes. Page 7. 11 It is the penultimate page ... of the translation? Of 12 the translation. Stevan Zoric, Zlatko Gradin are 13 talking, and then he says: 14 "Around 1400 hours the reservists...", 15 et cetera, et cetera. That is what I read. 16 Then there is another statement he gave, 17 which caused this confusion. According to Rule 61, he 18 was speaking before Judge Claude Jorda and after that 19 the indictment followed. This is again the penultimate 20 page. He says: 21 "Around 2 o'clock this afternoon the 22 reservist whom I knew who was president of the 23 municipality, Slavko Dokmanovic, entered the hangar and 24 told Emil..." 25 Et cetera, et cetera. Page 841 1 So before he spoke yesterday he made two 2 statements and he said, "before 1400 hours", and that 3 is why I am asking at what time, because time is very 4 important for me and you know why. 5 A. May I answer? 6 Q. Please do. Is it around 1400 hours as you 7 said before? Or what time? 8 A. Well, once again, could you read out quite 9 clearly or say what I am supposed to answer to? 10 Q. Are your two statements true, one that you 11 gave to the investigator, Mr. Curtis, and the other one 12 before the Chamber of Judge Jorda, that this was at 13 1400 hours, around 1400 hours on 20th November when you 14 saw Slavko Dokmanovic, the reservist, as you put it? 15 A. Sir, please listen to what I am saying. 16 I could not look at my watch any more at that point, 17 because I did not have a watch at that point. First of 18 all, you forgot that I lost my watch because Goran 19 Mugosa took it away from me. That is one thing, and 20 secondly, perhaps there is a misunderstanding here. All 21 of them were in JNA reservist uniforms, except that 22 Slavko Dokmanovic was wearing an airman's uniform, 23 a blue uniform. Now listen to me carefully, this 24 reservist, this reservist, what I said, this did not 25 refer to Slavko Dokmanovic because Slavko Dokmanovic Page 842 1 has his name and surname and this reservist was 2 a bigger man, but his name is not there because I do 3 not know his name, and that is why I emphasise this, 4 and the, "and the reservist", and this reservist is 5 probably one who had a whistle, so perhaps that is 6 where there is this small misunderstanding. It is not 7 that I called Slavko Dokmanovic a reservist, perhaps 8 the reservist is the one who had a whistle. 9 I am emphasising that there were 11, 12 or 13 10 of them. How can I tell in two groups? One was indoors, 11 one was outdoors and then a reservist walked in, and he 12 blows a whistle and he says, "that is enough". One 13 group gets out but what does that matter because 14 another group walks in, so again, I imagine it is this 15 lack of understanding that we have. 16 MR. FILA: Your Honour, please, let us not 17 continue this. Could the witness himself read what he 18 said to Mr. Curtis, and then at the hearing before Judge 19 Jorda? In both areas he said that Slavko Dokmanovic is 20 a reservist and that this is at 1400 hours and now 21 before you he said that this was not so. The only way 22 in which we can ascertain what he said is in this way, 23 I think. Can you read it? 24 A. I can read it. 25 MR. NIEMANN: Your Honour, I object. This Page 843 1 question has been asked and answered at least three or 2 four times. The witness has given his explanation. 3 Mr. Fila has made it clear that the transcript of the 61 4 hearing and of the statement is apparently inconsistent 5 with that. That has been made clear. That is the end of 6 the matter, your Honours. We could go on for the next 7 week doing this but we will get no further. The 8 question has been asked and has been answered and 9 I object to any further questions on the same topic. 10 JUDGE CASSESE: Mr. Niemann, however, I do not 11 see anything against just asking the -- anything 12 against the motion by the Defence counsel. I do not see 13 why the witness should not be allowed to just read out 14 the two lines to which Defence counsel is referring and 15 then we will move on to a different question. 16 MR. NIEMANN: If your Honour pleases. 17 JUDGE CASSESE: Why do you not give the page? 18 MR. FILA: Please, could he read his statement 19 in the Serbian, the Croat language which he speaks? 20 This is page 7. This section up to here. Just 21 one line. One line. 22 Please read exactly what it says there. 23 A. All right. All right. I do not see that there 24 is any problem involved. 25 Q. Please read it. Page 844 1 A. I have read it. And so, after all Slavko 2 Dokmanovic is a reservist too, but if I understood 3 Mr. Fila correctly, or perhaps -- 4 Q. Perhaps did he not understand me. Perhaps 5 could you read it out loud? 6 A. Well, no problem, yes: 7 "Around 1400 hours the reservist Slavko 8 Dokmanovic who was president of the municipality..." 9 Q. Thank you. Nothing else is needed. 10 A. I do not see any -- well, I mean, you are an 11 expert so you know, but for me he is a reservist too. 12 Q. "For me he is a reservist too". Two minutes 13 ago you said he was not a reservist. 14 A. Oh, come on sir, Mr. Fila, I do not know how 15 old he is and if he does not belong to the regular army 16 in our country in Yugoslavia, it was called 17 a reservist. He was over 25 years of age and he was 18 wearing a uniform. 19 Q. If it means anything to you, there was never 20 an airman's uniform of the kind you are describing in 21 the JNA. 22 A. I did my service in the Yugoslav army, and 23 I can tell you that this uniform exists until the 24 present day. Please explain to the honourable judges 25 what a Yugoslav airman's uniform is like, then. Page 845 1 Q. There are quite a few differences, you know. 2 I do not want to tire the court with that any longer. 3 For example, yesterday you say between 4 19th and 20th between 1:15 and 3:15 gunshots were 5 heard. 6 A. Okay. 7 Q. And in your statement before Kevin Curtis you 8 said that a few bursts of gunfire were heard. There is 9 a difference, right? 10 A. Mr. Fila, you know very well what bursts of 11 gunfire are. That is from an automatic rifle and I am 12 telling you again, I cannot guess the exact minute, but 13 I can tell you that 18 shots from one pistol were fired 14 in about an hour or two, but with a short break. Six 15 bullets is one pistol, but that is one pistol, not one 16 burst of gunfire because, you see, there can be these 17 mistakes that the interpreters or translators make and 18 a burst of gunfire is from an automatic rifle so you 19 cannot tell how many shots are being fired but from 20 a pistol when you hear this whistling sound, six of 21 them, and then there is a break of 40 or 50 minutes -- 22 again, please do not ask me exactly what the minutes 23 involved were but again, you could hear from -- from 24 the same pistol you could hear six bullets and then 25 again six. Page 846 1 Q. I really do not understand you. I am saying 2 what you said in your statement, "a few bursts of 3 gunfire", and yesterday you said, "shots from 4 a pistol". These several bursts of gunfire of 18 5 bullets and shots from a pistol, is that all the same 6 to you? 7 A. Mr. Fila, you know what the mistake is there? 8 Many of these translators, perhaps it is all the same 9 to them whether we are talking about burst of gunfire, 10 individual shots, but you know exactly what a burst of 11 gunfire is and you know that individual shots are not 12 a burst of gunfire, so what I am telling you now is 13 from a pistol. 14 Q. So what you said in the statement, "a few 15 burst of gunfire of 18", is not correct. 16 A. No, no, no. It is from one identical pistol. 17 Q. I am sorry for tiring you, honourable judges, 18 but we are trying to ascertain how reliable the witness 19 is. I am going to read something else from his 20 statement. Yesterday you said that Slavko Dokmanovic 21 came in five or six minutes after you. Yesterday. 22 A. Okay. Okay. 23 Q. And first he hit a wounded man. 24 A. Yes, Dado Dukic. 25 Q. Then he hit a little boy. Page 847 1 A. Yes. 2 Q. And then you said that this was the son of 3 Baumgartner. 4 A. I am not sure but I did not know the boy, but 5 his father was looking for him so, you know. Even now 6 I am not too sure it is the young Baumgartner. 7 Q. What do you mean, "I am not too..."? 8 A. Well, this was simply a young boy of 17 or 9 18. 10 Q. Was it Baumgartner or not? 11 A. No, Mr. Fila, I was not sure yesterday and 12 I am not sure today that this is Baumgartner. The other 13 day I came to realise what it was, but it was a young 14 man and I cannot guarantee it is Baumgartner. 15 Q. In the statement you made to Mr. Curtis you do 16 not mention this young boy at all. How come the young 17 boy appeared just now? 18 A. Well, you see, I made this statement and it 19 was not put in. I tell you, many of these translators, 20 if they are not translating well, it is only natural 21 that I get into this kind of situation. There is 22 something wrong, but what is correct is what I am 23 telling you now. 24 Q. All right. Yesterday you also said that after 25 that, first he hit the wounded man, then the young boy Page 848 1 and then Cakalic. 2 A. No, he did not hit Cakalic. 3 Q. And then he said, "where are you, inspector"? 4 Is that correct? 5 A. Yes. 6 Q. Is the sequence correct? 7 A. He said, "Oh, Mr. Inspector, you are here 8 too". 9 Q. At the 61(B) hearing, you said first he hit 10 the young boy and then the wounded man. 11 A. No, Mr. Fila. 12 Q. No? 13 A. No. First Dado Dukic, who I know very well, 14 and then he hit the young man. 15 Q. This is your statement at the Rule 61(B) 16 hearing. You said: 17 "First the young man and then him." 18 A. I am telling you once again, you know that 19 many of these things depend on the translator and 20 interpreters. Perhaps it was all the same to the 21 translator whom -- state first. 22 Q. This is a transcript from the hearing. It is 23 not that he puts someone first or second, what is 24 translated is what you said. 25 A. Do you think that now perhaps no mistakes are Page 849 1 being made in what I am saying? 2 MR. NIEMANN: I apprehend that the witness is 3 confused as to what transcripts are being referred to. 4 It may be that the witness has no idea what a Rule 61 5 transcript is. It is unfair to put questions to the 6 witness if he is confused and does not understand what 7 is being said. 8 JUDGE CASSESE: May I appeal to Mr. Fila maybe 9 to move on to other questions? 10 MR. FILA: In the statement you made to 11 Mr. Curtis, you know that you gave a statement to 12 Mr. Curtis and you know what I am talking about. Please 13 tell me, you said that first he greeted Cakalic , "Oh, 14 you are here too, inspector", and then he hit the 15 wounded man and you did not mention the young man at 16 all. How do you explain that? I hope that you know what 17 I am referring to now so that the Prosecutor would not 18 have to intervene. 19 A. Well, listen, let me tell you. I am claiming 20 now, too, that first he hit Dado Dukic and then when he 21 hit him, he hit his head against the wall and the man 22 screamed. 23 Q. I am speaking of the order. 24 A. Well, look, I have my own order. If the 25 translator places one name first and another name Page 850 1 second it is not my fault. 2 MR. FILA: With your permission I shall read 3 this to him. 4 JUDGE CASSESE: I am sorry, can you tell us 5 what you are going to read now? 6 MR. FILA: I am sorry, now I am going to read 7 the transcript of the Rule 61 hearing from the 8 27th March 1996 on page -- it is the Serbian 9 translation, the Croatian translation so it is hard to 10 tell. 11 Now, you said: 12 "Since I was in the fifth bus which was the 13 penultimate one, when I enter the hangar, when I ran 14 into it I saw a young man running into the hangar after 15 me. He was moving in the same direction as Dokmanovic 16 was, and he looked quite nervous. He had his hands on 17 his back. He was walking up and down in the hangar and 18 when this young man ran by him, he jumped up like 19 a football player and he managed to hit the young man 20 in the face with his foot, so he kicked the young man 21 in the face." 22 Is that correct? 23 A. No, it is not. 24 Q. I shall continue: 25 "About 10 minutes later, or perhaps a bit Page 851 1 less, Dr. Dado Dukic was there. Dado Dukic was wounded 2 in the legs. He was huddling by the wall and Dokmanovic 3 came and kicked him a volley." 4 You remember what a volley in soccer football 5 is. Do you understand that this differs from what you 6 have been saying? 7 A. Mr. Fila, can I answer that? 8 Q. Please do, that is why I am reading it out to 9 you. 10 A. Listen to me, you see where the mistake is? 11 It is not Dr. Dado Dukic, it is the son of Dr. Dukic. The 12 son of Dr. Dukic, Dado Dukic. Do you see where the 13 mistake is? I am telling you again. If a translator 14 cares about every letter and if a translator is not 15 very careful, a mistake can be made. As far as this 16 young man is concerned, you used something different. 17 I was already in the hangar when the young man was 18 running in. It is not that the young man was running 19 after me. I was already in the hangar when the young 20 man ran into the hangar by Slavko Dokmanovic. 21 It is very simple in soccer football. You 22 call it scissors, you know, when he jumps up with both 23 legs. So that is how the young man was moving. 24 Q. I am just trying to tell you that there are 25 differences in your statements and in the order Page 852 1 ascertained. 2 A. You see, Dr. Dukic, he was not a doctor. It 3 was not Dr. Dukic who was there. That is why I have to 4 amend this. Perhaps I did not know -- perhaps this 5 translator, you know, there are different translators. 6 Now, you and I did not know what a "suska" was, 7 a synthetic wind jacket was, and now the gentlemen here 8 do not know what a wind breaker is. 9 Q. Oh yes, a basketball jacket. 10 A. Yes. You know, this was an expression we used 11 in Yugoslavia. 12 Q. Yes of course I know it, but I am talking 13 about the order. It is not important whether Dado Dukic 14 is a doctor or not. It is the order that you have been 15 changing from one statement to another. You have been 16 giving a different order, a different sequence of 17 events. 18 A. I am not perplexed at all, Mr. Fila. 19 JUDGE CASSESE: Mr. Fila, now, you have made 20 your point and with all due respect I would like to, 21 again, call upon you to move on to a different 22 question. It is very clear. You have made your point, 23 your objection, the witness has given us an account of 24 what happened according to him and we can now, as 25 I say, move on to a different point. Page 853 1 MR. FILA: I am sorry, just a minute, please. 2 I am just trying to check whether I have forgotten 3 something. I think I will be finished very soon. 4 Definitely, I am only interested in the order 5 of the buses. What bus were you on, who was sitting 6 front of you, who was sitting behind you and do you 7 know where Cakalic was sitting? 8 A. All right, Mr. Fila. I have to go back in time 9 about seven years now, right? You see, many people have 10 lost their lives, and now you are asking me where I was 11 sitting. I am overjoyed to have remembered that Hidek 12 was with me, that Professor Licina was with me, and 13 Nurse Biba's husband. What would happen if I never knew 14 them, just like I did not know many people at Ovcara? 15 Q. Not to keep you much longer, we are all 16 pretty tired now, was Cakalic with you on the same bus 17 and where was he and where was he sitting? 18 A. As far as I remember he was on the right-hand 19 side. 20 Q. On the same bus? 21 A. Just a minute, please, let me think. Yes, 22 yes, as far as I can remember, in the same bus. In the 23 barracks I was on the left-hand side, the left-hand 24 side, and then when we came I was on the opposite side 25 of the hangar in Ovcara. Page 854 1 Q. I am asking you about the bus and what bus it 2 was. 3 A. I think it was the fourth bus. 4 Q. Because in your statements it says the fifth 5 or the sixth. 6 A. No. There were six buses altogether. 7 Q. You said the third and the fifth and the 8 sixth and now you have said the fourth bus. And Cakalic 9 was with you on the same bus? 10 A. Yes, and Damjan Samardzic too. 11 Q. No, I am interested in Cakalic. 12 Another thing, the paramilitaries you saw in 13 the hospital. Did they go to the barracks and to Ovcara 14 too? 15 A. No, they did not. 16 Q. Or did these people change? 17 A. Well, the next day the regular army was there 18 too. 19 Q. Perhaps we did not understand each other 20 correctly. On the 20th when you were taken out of the 21 hospital, and when you were boarding the buses, I am 22 talking about the paramilitaries, you are arriving at 23 the barracks and then you go to Ovcara. Did you notice 24 that these were the same people, the same faces at all 25 three key points, namely the hospital, the barracks and Page 855 1 Ovcara? Among others, I mean... 2 A. Mr. Fila, you know, when it is easy, it is 3 easy, when I know someone, and then I can tell whether 4 he is a paramilitary. I only saw Bogdan Kuzmic there in 5 a uniform of a JNA reservist, and then I simply did not 6 see these other people whom I did not know. I really do 7 not know them. 8 (10.15 am) 9 Q. When you returned to Velepromet, this is 10 truly my last question, did you see people in civilian 11 clothes, perhaps? People from Vukovar? 12 A. Yes, I did. First of all, I saw the mother of 13 Goran Mugosa Kustro. She was the first one, she is my 14 neighbour. 15 Q. Goran Kustro is the one who took your money, 16 right? 17 A. Goran Mugosa Kustro. 18 Q. You spoke about him yesterday. He took your 19 money. 20 A. Yes, yes, yes, his mother. She is a neighbour 21 by the store. 22 Q. The one who took your money and not your 23 watch? 24 A. He took the watch too, but accidentally the 25 pocket watch stayed. I imagine he had had enough. I did Page 856 1 not really have that much money. 2 MR. FILA: Thank you, your Honour, that will 3 do. 4 JUDGE CASSESE: Thank you, Mr. Fila. 5 Mr. Niemann? 6 Re-examined by MR. NIEMANN 7 MR. NIEMANN: Mr. Berghofer, when you were 8 answering Mr. Fila's questions about times, particularly 9 at the JNA barracks and then subsequently at the Ovcara 10 farm, were you giving Mr. Fila your best estimate of the 11 times as you can now recall them? 12 A. Well, roughly. 13 Q. Thank you. Now, Mr. Fila also asked you 14 questions about you being taken out of the hangar and 15 I think you said when you went outside it was light. 16 How long did you stay outside the hangar before you got 17 on to the combi-bus which took you back into Vukovar? 18 Can you remember? If you cannot remember it does not 19 matter. 20 A. Yes, sir. I remember quite well. This was 21 a Polo car and we were outside for about 35 minutes. 22 Well, you know, it is easiest for me to say when we 23 left, that is, when night falls, around 5 o'clock, but 24 we were outside about 35 minutes or perhaps even 40 25 minutes. This was before night fell. Page 857 1 Q. Thank you. And finally, you were asked 2 a number of questions by Mr. Fila about the clothes that 3 Mr. Dokmanovic was wearing at the time. Is 4 Mr. Dokmanovic's face familiar to you? 5 A. Very familiar. 6 Q. And is there any doubt in your mind that the 7 person you saw there at the time was Mr. Dokmanovic? At 8 the Ovcara farm? 9 A. That could not happen. That could not happen. 10 Because if you have known a man for over twenty 11 years and, you know, there are some people you cannot 12 remember even if you have seen them three times. 13 Q. So, do you have any doubt or not? Perhaps you 14 could just answer my question about the man you saw 15 there on that day. 16 A. I am sure. I am sure it was Slavko 17 Dokmanovic. 18 MR. NIEMANN: Thank you. No further questions, 19 your Honour. 20 JUDGE CASSESE: Thank you. Mr. Berghofer, I am 21 sorry, you must be rather tired and of course this may 22 be emotionally involved and so I am so sorry, I need to 23 ask you one or two questions, if you do not mind. 24 The first question. 25 A. Please ask. Page 858 1 JUDGE CASSESE: Thank you. In the statement 2 you made when you were interviewed in June 1995, do you 3 remember, by a Tribunal's investigator, at one 4 point, you said, and I quote your words, you said: 5 "Dokmanovic was pacing up and down inside 6 the hangar whilst people were being beaten and I very 7 much got the impression that he was the person in 8 charge there, although I heard him give no orders." 9 Now, how did you make -- this is my question; 10 how did you make this impression, that Mr. Dokmanovic 11 was the person in charge within the hangar? On the 12 basis of what elements or facts did you come to the 13 conclusion that he was the person in charge? 14 A. Well, sir, in a company, a worker has to 15 respect his manager. That is, for example, the 16 difference between myself and Slavko Dokmanovic. There 17 were five steps between us. He was a politician, a top 18 man there. He was president of the municipality. Also, 19 you know, those boys, those reservists that he was 20 there with, I did not hear him issue orders, but my 21 assumption is that if he is the president of the 22 municipality, his word would have been taken for what 23 it is worth, had he said, "do not beat them any more". 24 I did not hear him say a word, issue a single order, 25 and I am telling you now, too, as a person, I could not Page 859 1 say all that freely, that he is not all that 2 responsible for everything that happened there. 3 JUDGE CASSESE: This is your inference, but 4 I, again if you do not mind, I would like to insist on 5 this question. 6 So you said, "my assumption was that he was 7 a person in authority and command", but did you infer 8 this from any, say, gesture made -- from the way he 9 was behaving within the hangar, not outside the hangar, 10 within the hangar. Forget about his previous status, 11 his status as a president of the assembly of Vukovar 12 municipality. Now, try to focus on what he actually 13 did, and on how he behaved in the hangar. Did he behave 14 in such a manner that -- you might infer from that, 15 that he was really in command, that everybody would 16 have followed his orders, had he given orders? 17 A. Well, I am telling you again my opinion 18 is that he did have an authority there. I mean, that he 19 did have authority over the reservists. You know, like 20 a boss, like a leader. Personally, if I were in the 21 place of these reservists, I would have acted the same 22 way, because I respect people who are above me. I think 23 that he did have an authority of his own over them if 24 this is clear to you, but if I did not respond 25 properly, please tell me. Page 860 1 JUDGE CASSESE: No, thank you. Thank you for 2 your answer, and if you do not mind, I move to my 3 second and last question. 4 Now, when you were, as you said in your 5 statement, saved, so taken out of the hangar, separated 6 by somebody from the other people who were inside, you 7 were taken out and were you by yourself or were you in 8 a small group of persons who, like you, had been, 9 "saved", by somebody inside when you were 10 standing outside the hangar after the beating? Were you 11 alone? Or were you in a group of persons? 12 (redacted) 13 (redacted) 14 (redacted) 15 (redacted) I would never recognise 16 him again. At that time he was about 18 years old. He 17 was not that tall. And, and, and this (redacted) was 18 there too. I did not recognise him either. I could not 19 remember anyone else. 20 JUDGE CASSESE: Thank you, and when you were 21 with this group of people what happened before you were 22 taken away from that place and transferred to 23 Velepromet? Did you meet or did you get in touch with 24 any JNA officer before you left that place to go by bus 25 or by some sort of van to Velepromet? Page 861 1 A. I think that I gave these particulars, the 2 name and surname, but I am not too sure any more, 3 honestly. I mean, my knees were shaking but there was 4 someone who was taking our particulars, you know, sir, 5 it is a bit late now, and going back to all this time, 6 but I think that I gave the name and surname. As far as 7 I know, none of them had any insignia of the former 8 Yugoslav army. 9 JUDGE CASSESE: Were you interrogated by some 10 military person, whether or not he was wearing any 11 insignia, whether or not he was an officer, the group 12 of six or seven people of which you were a member? Was 13 this group interrogated by an officer, or a military 14 man before you boarded the van to go to Velepromet?, if 15 you do not remember, do not worry. 16 A. I think we only gave our names and surnames. 17 I personally was not asked a thing. I was just asked 18 what my surname was. I gave my name and surname. 19 JUDGE CASSESE: Thank you. I wonder whether 20 there is any objection to the witness being released. 21 Prosecutor? 22 MR. NIEMANN: Your Honours, we would ask that 23 the witness not be released, but there be no 24 constraints on him leaving the jurisdiction, leaving 25 the precincts of the court and returning to Yugoslavia, Page 862 1 but whilst the outstanding exhibit is still there, we 2 would ask that he not be formally released. 3 JUDGE CASSESE: Thank you. Mr. Fila? Do you 4 agree? There is a problem. I do not know whether my 5 learned colleague understood me. A name was mentioned 6 that should not have been mentioned. 7 MR. NIEMANN: Yes, your Honour. We ask for 8 a redaction, page 37, line 14. 9 JUDGE CASSESE: All right. Mr. Berghofer, 10 thank you so much for coming here to testify and you 11 may now leave the courtroom. 12 A. Thank you. 13 (The witness withdrew) 14 MR. NIEMANN: Your Honours, I am instructed 15 that there is another redaction, please, at page 41, 16 lines 18-21, if your Honours please... your Honours, it 17 may be that there is a confusion between the pages. 18 I think perhaps the Registrar might be able to 19 ascertain that. I think it is probably page 41, 18-21. 20 THE REGISTRAR: That is the only redaction? 21 MR. NIEMANN: Yes, yes. 22 JUDGE CASSESE: Mr. Niemann, are you going to 23 call the next witness? 24 MR. WILLIAMSON: Your Honour, at this time we 25 would call Emil Cakalic.
Page 863
1 (The witness entered court)
2 JUDGE CASSESE: Good morning, Mr. Cakalic. May
3 I ask you to make the formal declaration?
4 EMIL CAKALIC (sworn)
5 JUDGE CASSESE: Thank you. You may be seated.
6 Examined by MR. WILLIAMSON
7 Q. Sir, would you please state your full name
8 for the record?
9 A. Emil Cakalic.
10 Q. In June of 1995, Mr. Cakalic, do you recall
11 meeting with Mr. Vladimir Dzuro, an investigator from
12 the Tribunal Office of the Prosecutor?
13 A. I do.
14 Q. At that time, did you give a statement to him
15 which was taken down in the English language?
16 A. Yes, I did.
17 Q. Was that statement subsequently read back to
18 you by an interpreter into the Croatian language?
19 A. It was.
20 Q. And did you sign that statement?
21 A. I did.
22 MR. WILLIAMSON: At that time I would ask that
23 the witness be shown this document, please. We would
24 mark this as Prosecutor's exhibit...
25 THE REGISTRAR: 51.
Page 864
1 MR. WILLIAMSON: 51.
2 Again, Mr. Cakalic, is that your signature
3 that appears on this statement?
4 A. It is. Yes.
5 Q. Since you have been in The Hague have you had
6 an opportunity to review a Croatian translation of that
7 statement?
8 A. I have.
9 Q. In doing so, did you find two minor errors
10 which you would like to correct at this time?
11 A. I did.
12 MR. WILLIAMSON: I am going to direct you to
13 page 5 of the Croatian version of the statement,
14 paragraph 4, and can you tell me if you see the errors
15 that you have recognised? And your Honours, the
16 corresponding spot in the English version is in the
17 last paragraph on page 5.
18 Have you found the errors that you have
19 pointed out previously?
20 A. Yes. It is a question of the strength of the
21 glasses, so it should be 1:25 on top, and 2:75 for the
22 lower part of the glasses. The figures should be
23 inverted.
24 Q. And is there anything else in that same
25 paragraph which you felt needed to be corrected?
Page 865
1 A. Yes. It should have said , "he was president
2 of Vukovar municipality and a member of the Serbian
3 National Council". The word, "national", has been
4 omitted.
5 Q. Having clarified those two points is your
6 statement otherwise correct and true to the best of
7 your knowledge?
8 A. It is.
9 MR. WILLIAMSON: Your Honours, I would then
10 tender the English version of the statement as
11 Prosecutor's Exhibit 51 and the Croatian version as
12 Prosecutor's Exhibit 51A, both under sale.
13 JUDGE CASSESE: Mr. Fila, no objection?
14 MR. FILA: No.
15 JUDGE CASSESE: Mr. Williamson, what about the
16 supplement?
17 MR. WILLIAMSON: I am getting to that at this
18 point, your Honour. I was going to tender that as
19 a separate exhibit.
20 MR. FILA: A question please, your Honour.
21 What about the supplement that I received last night,
22 is this part of this exhibit or not?
23 MR. WILLIAMSON: No, I am going into that
24 right now. I will tender that under a separate exhibit
25 number just for the purposes of clarity, so if one of
Page 866
1 them is being referred to, we all know which one it is.
2 MR. FILA: I apologise. I did not understand
3 that.
4 MR. WILLIAMSON: Mr. Cakalic, in April of 1996
5 did you again meet with Mr. Dzuro in order to give
6 a brief supplement to your earlier statement?
7 A. I did.
8 Q. And was this statement also taken down in the
9 English language but read back to you in Croatian?
10 A. It was.
11 Q. At this time I would like to show the witness
12 this document, and I will mark this as Prosecutor's
13 Exhibit 52. Do you recognise your signature on the
14 English version of this document?
15 A. Yes, on the left-hand side.
16 Q. And have you had an opportunity to review
17 a Croatian translation of this statement?
18 A. Yes, I have.
19 Q. Do you believe that it is correct and true to
20 the best of your knowledge?
21 A. Yes.
22 MR. WILLIAMSON: I would then tender this
23 supplemental statement as Prosecutor's Exhibit 52 and
24 the Croatian translation of it as Prosecutor's Exhibit
25 52A, both under seal.
Page 867
1 Mr. Cakalic, in May of 1992 were you
2 interviewed by the Croatian police at the main police
3 station in Zagreb?
4 A. Yes.
5 Q. And to your knowledge, was a report or
6 I think correctly termed, "an official note", made
7 pursuant to that interview?
8 A. That note was made but I had not seen it
9 before. The note is a document intended for official
10 persons who have knowledge or are familiar with the
11 activities of somebody, and who needs that information
12 for further processing, and which he may use to refresh
13 his memory or to deal with some data in a more precise
14 fashion.
15 MR. WILLIAMSON: I would like to show
16 Mr. Cakalic this document now, and I believe Mr. Fila
17 will have the same objection that he had yesterday, but
18 we will mark this for identification purposes only. At
19 this point I would mark it as Prosecutor's Exhibit 53,
20 and the English translation of this as 53A.
21 On the last page of the Croatian version of
22 this official note, do you see a signature?
23 A. Yes. There is the signature of the person who
24 compiled it.
25 Q. And that is not your signature; correct?
Page 868
1 A. No, it is not.
2 MR. WILLIAMSON: Okay. I would tender these
3 now but I understand Mr. Fila would object to this.
4 JUDGE CASSESE: Mr. Fila? Do you object?
5 MR. FILA: Your Honour, do I need to repeat my
6 same objection that I had yesterday? I think not. There
7 is no need to waste the court's time.
8 MR. WILLIAMSON: Very well, your Honour, we
9 will mark it for identification as Prosecutor's Exhibit
10 53 and 53A at this time.
11 Mr. Cakalic, can you tell the court where you
12 are from originally?
13 A. I am from Fericanci, a place towards the
14 north about 60 kilometres from Osijek, north-west.
15 Q. And did you grow up in Fericanci?
16 A. Fericanci. I lived there until the
17 2nd February 1943, from my birth until that date.
18 Q. And where did you move in 1943?
19 A. To Varazdin.
20 Q. At some point in time did you end up in
21 Zagreb?
22 A. Yes. About the middle of December, and
23 I lived there until 1st July 1958.
24 Q. And during the time that you were in Zagreb,
25 did you pursue your education?
Page 869
1 A. Yes. I completed secondary school there, and
2 I worked there.
3 Q. And did you then enter into any higher
4 education after secondary school?
5 A. I did, but only after I obtained a job in
6 Vukovar.
7 Q. And what was the job that you obtained in
8 Vukovar?
9 A. I was head of the central medical laboratory,
10 and the laboratory for blood transfusions.
11 Q. And what is your training in? What field?
12 A. I completed the higher school of sanitary
13 technicians in Belgrade.
14 Q. And you were working as a sanitary technician
15 in Vukovar. Is that correct?
16 A. As a sanitary inspector. In 1968 I left the
17 Vukovar hospital and became employed in the
18 municipality of Vukovar as a sanitary inspector.
19 Q. And how long did you hold that job?
20 A. Until, for as long as it was possible,
21 actually, during the conflict.
22 Q. So this was up until 1991; correct?
23 A. Yes. Correct. And in 1991.
24 Q. Did there come a time in early 1991 when
25 barricades were put up in some of the villages around
Page 870
1 Vukovar?
2 A. Yes, there were.
3 Q. When did this occur, if you recall?
4 A. After the killing of Croatian policemen in
5 Borovo Selo.
6 Q. How would you describe the situation in
7 Vukovar at that time?
8 A. After the massacre of Croatian policemen in
9 Borovo Selo?
10 Q. Yes.
11 A. A rather strained psychological relation
12 developed among the population of Vukovar. After that,
13 the shooting started. People were out of their wits.
14 Some people had one set of information, other people
15 had a different set. I think that psychologically the
16 situation was very grave.
17 Q. Over the summer, did the situation improve at
18 all?
19 A. No.
20 Q. What happened during the course of the
21 summer?
22 A. The shelling of the town started, by formed
23 paramilitary units. Later, also, by members of the
24 Yugoslav army, who were well-armed.
25 Q. During the summer did people who lived in
Page 871
1 Vukovar leave the city?
2 A. Many left the city, but many also returned
3 after that.
4 Q. And to your knowledge why were people leaving
5 the city?
6 A. Out of fear.
7 Q. Now, you have indicated that during the
8 summer there started to be shelling of the city. Was
9 the shelling intense at the outset?
10 A. It first started as sporadic shelling. The
11 shells first fell, as far as I can remember, in the
12 vicinity of the house in which I lived. Then in the
13 centre of town, then the suburbs coming from the
14 direction of Borovo Selo, the fire came from Brsadin.
15 In August these attacks were quite serious. Throughout
16 the day one could hear automatic weapons fire, then
17 planes started attacking and then gradually it turned
18 into real war.
19 Q. Did you remain at your house during this
20 period?
21 A. I did.
22 Q. And where was your house located?
23 A. The Boris Kidric Street, number 79. That is
24 near the city stadium in Vukovar.
25 Q. Was anyone with you at your home through the
Page 872
1 battle?
2 A. I spent very little time at home because
3 I was busy doing my work. There was my wife, there were
4 my neighbours and friends.
5 Q. What were living conditions like for you and
6 your wife during the battle?
7 A. The same as for everyone else. As far as
8 physical fitness was concerned, the satisfaction of
9 elementary needs like food and water, these were
10 sufficient up to the end of September. Later on there
11 was no running water any more, because the pipes,
12 pipelines of the central water supply system of the
13 city of Vukovar had been damaged, and also some of the
14 surrounding villages.
15 As regards food, it had to be destroyed
16 because it was kept in refrigerators and there was no
17 more electricity, so that we mainly used packed foods
18 or...
19 Q. Now, you have indicated that you were away
20 much of the time. Did you have certain duties or
21 responsibilities during the battle?
22 A. Yes.
23 Q. And what were your responsibilities?
24 A. I volunteered and applied to the Secretariat
25 of National Defence to engage in preventative medical
Page 873
1 activities for the benefit of the Croatian army and
2 police and all the population of the city.
3 Q. And what did this job entail?
4 A. Primarily supply with good quality drinking
5 water for the population and the army, provision of
6 hygienically correct foodstuffs for the Croatian army
7 and police.
8 (9:50 am)
9 Q. And during the time of the battle are you
10 aware of any epidemics or outbreaks of disease in the
11 city under these conditions?
12 A. No, no. They did not happen because I gave
13 very strict instructions, very precise ones as to the
14 way in which the washing and disinfection of all
15 utensils used for the preparation of food and the
16 transportation of food should be done. All the
17 containers before transportation had to be given to me
18 for inspection, and only after that could they be
19 filled with food which other people would have to
20 taste. This was obligatory. And only then was it
21 transported to particular points, and it was always
22 cooked food.
23 Q. Did there come a time near the end of the
24 battle when you left your home?
25 A. On 17th November my wife and I left our home
Page 874
1 and went to the Vukovar hospital because we had been
2 informed that units of the Yugoslav army and
3 paramilitary units in the street in which
4 I lived had boarded inhabitants in personnel carriers
5 and taken them away. That same moment my wife and I and
6 our neighbours, mostly Croats, abandoned our homes.
7 Some of us went to the hospital compound. I entered the
8 hospital itself with my wife. Some went to other
9 buildings.
10 Q. Was it difficult getting to the hospital on
11 that day?
12 A. It was. It was already towards the last
13 quarter of the day. It was dark, the streets were
14 damaged from the shelling. The trees had been felled,
15 fallen, and we walked as well as we could, by memory.
16 Q. Can you describe the situation at the
17 hospital when you arrived?
18 A. The situation in the hospital was terrible.
19 First of all, in the actual yard outside the building,
20 the yard was crammed full of people. The hospital
21 itself was in a very poor condition in terms of
22 hygiene. There was a shortage of water, and it seems
23 to me that the sewage was also blocked.
24 Q. How were you accommodated at the hospital?
25 A. I had worked in that hospital for ten years,
Page 875
1 so I knew mostly all the staff, so we went to the x-ray
2 department and we found some blankets there, and we
3 spent two nights in the dark chamber there.
4 Q. And these were the nights of the 17th and
5 18th,, is that correct, or 18th and 19th?
6 A. The night of the 17th-18th and the
7 18th-19th and 19th-20th.
8 MR. WILLIAMSON: Your Honours, if you please,
9 this might be a good time for a break. It is a good
10 break point in the testimony, perhaps.
11 JUDGE CASSESE: We stand in recess for twenty
12 minutes:
13 (10.55 am)
14 (Short break)
15 (11.15 am)
16 MR. WILLIAMSON: Mr. Cakalic, when we left off
17 you had just described what the situation was at the
18 hospital, and where you were staying when you were
19 there. At the time that you arrived at the hospital,
20 did you see any JNA soldiers there?
21 A. At that time they were not there yet.
22 Q. Did there come a point in time when they did,
23 in fact, arrive at the hospital?
24 A. When they arrived at the hospital they were
25 probably somewhere within the hospital compound, but
Page 876
1 officially we saw them only after Mr. Vidic had handed
2 over the city.
3 Q. And when did this occur?
4 A. This was on 20th, let us say at 00 hours.
5 Q. So around midnight on the night between
6 19th and 20th?
7 A. That is right.
8 MR. WILLIAMSON: I am sorry your Honour, there
9 seems to be some technical problems.
10 JUDGE CASSESE: Yes. I was wondering.
11 A strange sound.
12 MR. WILLIAMSON: Some backfeed.
13 It seems to be fine now. Thank you.
14 Your Honour, it appears to be when the court
15 reporter is typing, I think, so there may be some kind
16 of overflow from that.
17 JUDGE CASSESE: Do you mind if, in spite of
18 this strange sound, we.continue?
19 MR. WILLIAMSON: It is fine, your Honour.
20 I apologise to Mr. Cakalic for the interruption.
21 Now, you indicated that around midnight
22 between 19th and 20th that there was a meeting with
23 Mr. Vidic, and the JNA. How are you aware of that
24 meeting taking place?
25 A. On 19th November around 11.30 pm, I was in
Page 877
1 Mr. Vidic's room with Mr. Vidic, and we knew that the
2 town would be handed over at that time, and I said that
3 I would take part in the negotiations because we had
4 special ID from the Croatian Red Cross, authorising me
5 to negotiate, not right now, but generally speaking,
6 that I could negotiate on behalf of the Red Cross.
7 MR. WILLIAMSON: And are you aware of who was
8 representing the JNA at this meeting with Mr. Vidic.
9 THE INTERPRETER: I am sorry, it is very hard
10 on the interpreters.
11 A. Someone came into the room, it was a major.
12 And I saw, judging by the pictures, that it was Major
13 Sljivancanin. He walked in with the lieutenant, Kuzmic,
14 Bogdan.
15 MR. WILLIAMSON: Mr. Cakalic, I am sorry,
16 I think we have to interrupt again because of the
17 problem with the interpreters.
18 JUDGE CASSESE: I am afraid we have to break
19 for fifteen minutes.
20 (11.20 am)
21 (A short break)
22 (11.40 am)
23 JUDGE CASSESE: Please.
24 MR. WILLIAMSON: Thank you. Mr. Cakalic, when
25 we left off, you were talking about this meeting which
Page 878
1 had occurred between Mr. Vidic and Major Sljivancanin.
2 Where did you stay that night between the 19th and
3 20th?
4 A. In the Vukovar hospital at the x-ray
5 department.
6 Q. So this is the same place that you had stayed
7 for the preceding two nights; correct?
8 A. Yes.
9 Q. On the night between 19th and 20th when this
10 meeting took place, did you have any discussions or any
11 contact with Major Sljivancanin? Did you see him again
12 the following morning?
13 A. Before the transport of the imprisoned at the
14 Vukovar hospital to Ovcara, yes.
15 Q. Can you tell us what happened at the hospital
16 on the morning of 20th?
17 A. In the morning some time around 7.30 or
18 8 o'clock, I cannot exactly tell the time, all the
19 people employed in the medical centre were called to
20 a meeting, and all the others who were not employed in
21 the medical centre were asked to leave the hospital
22 premises through the door of the emergency ward. People
23 were lined up there. There were about 250 of us
24 altogether there. We were supposed to take out
25 everything we had, out of our pockets, and to show it
Page 879
1 to them.
2 There were two soldiers there. One was Pero.
3 I found out what his name was later because he escorted
4 us from the Vukovar military barracks when we were
5 there for a second time to Sremska Mitrovica. He was
6 cursing us, everything he could, and he said that he
7 would kill all of us if on our side there were not some
8 prisoners who were members of his army.
9 At that time, I saw two stretchers being
10 moved away with two persons who were JNA officers,
11 I think. They also had oxygen tanks and infusion on
12 them and they were taken away in an ambulance in an
13 unknown direction.
14 (11.45 am)
15 Q. Did these JNA officers or soldiers appear to
16 have been patients at the hospital?
17 A. Yes. And they were patients at the hospital.
18 MR. WILLIAMSON: I would like at this time to
19 show the witness Prosecutor's Exhibit 8, please, and if
20 the ELMO could be turned on and he can display this for
21 the court. And if the usher can bring it......
22 Mr. Cakalic, do you recognise this photograph,
23 what is depicted in this photograph?
24 A. Yes, I do. This is an ambulance and the door
25 on the left-hand side leads to the emergency ward, and
Page 880
1 also to the specialist offices. This is where we were
2 lined up, in the area between the vehicle and
3 Gunduliceva Street on the other side.
4 Q. If you would refer to the photograph which is
5 to your right on the display and point exactly where
6 you were located at that time.
7 A. From the vehicle towards the exit out of the
8 hospital, towards Gunduliceva Street.
9 Q. And as you were lined up out here did you see
10 Major Sljivancanin at that time?
11 A. A bit later, when we were taken to the
12 vehicles.
13 Q. And that is all for this display, I think.
14 Thank you.
15 What happened when all of you were assembled
16 outside in this driveway?
17 A. After the wounded were driven off, I mean
18 those of the Yugoslav People's Army, we were taken out
19 and we boarded the buses. There were five buses there
20 now, to the best of my recollection.
21 Q. Excuse me just a moment, Mr. Cakalic, I am
22 going to interrupt you. Before you boarded the buses,
23 did anything happen to you while you were lined up
24 outside?
25 A. Nobody beat us.
Page 881
1 Q. Okay. Were you searched?
2 A. Yes. I already said that a few minutes ago,
3 that we had to take everything out of our pockets and
4 also everything we had in our bags. We had to show it
5 to them. They checked all of it and whatever they
6 considered dangerous, knives, razor blades, they took
7 that away and the rest we were allowed to return into
8 our bags or pockets.
9 Q. Who told you to get on the buses?
10 A. They were soldiers, JNA soldiers, and they
11 told us where we were supposed to go. I could have gone
12 to the fourth bus straight away, for example, but he
13 told me to go to the third bus so they were filling the
14 buses according to a logic of their own so that is how
15 I ended up on the fourth bus, or third bus.
16 Q. And exactly where were those buses located?
17 A. May I show it on the picture?
18 Q. I think it would need to be turned on again,
19 please. And again you must refer to the one that is to
20 your right.
21 A. We went out this way towards Gunduliceva
22 Street, and to the left and right in Gunduliceva Street
23 that is where the buses were. On the left-hand side
24 they are about 30 metres to the corner of the next
25 street and that is where the buses stood, 1, 2, 3, 4,
Page 882
1 5, all of them lined up.
2 Q. What happened after you got on the bus?
3 A. When we got onto the buses they were waiting
4 for them to be filled up. The first, second and third
5 left, and then at an intersection they had to turn
6 around because they were facing the opposite direction
7 and they drove us from Gunduliceva Street through the
8 square of Marko Oreskovi than Hadzijana Street by the
9 marketplace, the bridge on the Vuka River to the square
10 of Matija Gubac, I believe it was. Then by Velepromet
11 and the Orthodox church, then Kraseva Street, then by
12 the health centre, then to the Sajmiste Street and then
13 to the military barracks in Vukovar.
14 Q. Now, when you referred to Velepromet being
15 referred to the Orthodox church, was this the
16 Velepromet warehouses?
17 A. The management building was there.
18 Q. And when you arrived at the JNA barracks,
19 what did you observe occurring there?
20 A. When these five buses were lined up, then the
21 Chetniks and soldiers came. They mistreated us
22 psychologically. They were pointing at various people
23 saying, "I am going to slaughter you", in this way,
24 "I am going to cut your throat", in another way, et
25 cetera. Specifically speaking, Bulic Milos was
Page 883
1 attacking Damjan Samardzic. He promised that he would
2 kill him, him and his son, and that is exactly what
3 happened at Ovcara.
4 One of them came to me and showed me a sign
5 like this (indicates), that he would slit my throat.
6 From our bus they moved on to the third and fifth bus,
7 the fourth and the fifth bus, and an acquaintance of
8 mine came up. He worked with me at the municipality.
9 His name was Vlado Kosic. He had a degree in economics.
10 He was a councillor to the president of the committee
11 for economic affairs at the municipality. He looked at
12 me, he smiled, and he said, "Emil, you are not on the
13 right bus", I said, "which bus is better than this
14 one?". He said, "Well, all of them are the same".
15 I also saw his wife. I saw Radwoje Jakovljevic. His
16 name was "Frizider".
17 I saw Sreto Nedeljkovic too, from Bobota, who
18 guarded the storage for ammunition, open-air storage.
19 It was about 10 metres from the bus, and he said, "Well
20 now, I am going to take you some place and I am going
21 to exchange you so there will be no problem
22 whatsoever", so this was a comfort. However, what was
23 not a comfort was what Kosic answered. At that time
24 I could not think about it yet, but when Ovcara
25 happened and everything else, then I realised that he
Page 884
1 had known where they were taking us.
2 Q. Can you describe what these men were wearing,
3 if you recall, and in the case of Mr. Kosic's wife, what
4 she was wearing?
5 A. Mr. Kosic and his wife were wearing clothes of
6 Yugoslav People's Army. Olive green and grey. Tito cap
7 on their heads, and a star on the cap. Jakovljevic
8 Radwoje was wearing civilian clothes. This Sreto, who
9 guarded the stores of ammunition, he was wearing proper
10 military uniform with a gun.
11 MR. WILLIAMSON: I would at this time like to
12 show the witness Prosecutor's Exhibit 20.
13 THE REGISTRAR: This is not an exhibit yet.
14 It has been only marked for identification.
15 MR. WILLIAMSON: It has been marked for
16 identification at this -- prior to now, yes. Okay.
17 If this can be displayed on the ELMO, please,
18 and perhaps if the lights can be dimmed just a bit
19 I think it is a little clearer.
20 Mr. Cakalic, do you identify -- I am sorry, do
21 you recognise what is depicted in this photograph?
22 A. Yes. This is the yard of the Vukovar military
23 barracks.
24 Q. And can you indicate on here where you were
25 located on 20th November? Again, referring to the
Page 885
1 photograph at your right.
2 A. We were brought to the entrance. We were
3 placed here by the hangar. This is where the vehicles
4 were, from one to five. (Indicates). However, later
5 they told me that a sixth vehicle had arrived too, but
6 I do not remember that sixth vehicle.
7 Q. And where did you see these other people that
8 you have referred to, that you spoke with at the
9 barracks?
10 A. The third bus that I was on was approximately
11 here, and they came from this area. They came here to
12 the first, second, third bus. This is where I talked
13 to Mr. Kosic and to Sreto Nedeljkovic, who guarded the
14 ammunition here in this storage area. (Indicates).
15 The fourth bus was here, the fifth bus here,
16 and later when I talked to our other people who were in
17 prison they told me that the sixth bus was
18 approximately somewhere around here.
19 Q. Okay. Thank you.
20 Mr. Cakalic, was there any type of provocation
21 from the people on the buses toward those who were
22 walking around outside?
23 A. No.
24 Q. How long did the buses stay at the barracks,
25 if you have any idea?
Page 886
1 A. I think until about roughly, of course
2 I cannot tell you exactly, until about 2 o'clock, 2.10
3 or ten minutes to two. That was roughly the time
4 period.
5 Q. Are you familiar with a place called
6 Velepromet?
7 A. Yes.
8 Q. And where is it located in relation to the
9 JNA barracks, and at this point I am not talking about
10 the office building which you discussed earlier. Again,
11 if we can have the ELMO turned...
12 A. You are talking about the Velepromet
13 warehouse. When you leave it is in the same street in
14 the direction of Negoslavci to the right -- no, not
15 Negoslavci -- yes, towards Negoslavci on the right-hand
16 side.
17 Q. And approximately how far is it located from
18 the JNA barracks, if you know.
19 A. Maybe 200 metres. I could not tell you
20 exactly, but somewhere around 200 metres.
21 Q. After the buses left the barracks, where did
22 they go?
23 A. Passing along Sajmiste Street towards
24 Negoslavci, then we turned off onto a side road that
25 led to Ovcara. Ovcara is a plant of the Vukovar
Page 887
1 agricultural combine, as it was called.
2 Q. Had you ever been to Ovcara before?
3 A. Many times.
4 Q. What did you observe happening when you
5 arrived at Ovcara?
6 A. There were very many civilian vehicles on the
7 right-hand side of the road from the administrative
8 building, almost up to the hangar. The first bus
9 stopped in front of the hangar, and the prisoners
10 started getting off, one by one. They were taken over
11 by a captain of the Yugoslav army. I assumed he was
12 a reservist because could he not button up his
13 officer's blouse. He was putting his hands in people's
14 pockets and taking out what he wanted, or what he
15 needed.
16 After that, we had to pass between two rows
17 of Chetniks on our left and our right, and they beat
18 everybody. I must say an elderly man called Bosanac, he
19 is Dr. Bosanac's father-in-law. He was over 70, but he
20 too was beaten with sticks so that he fell down.
21 When the first and second buses were
22 unloaded, then it was my bus's turn. I too came off and
23 reached that captain. He took off my glasses, he tried
24 them on himself. The sun was still shining, they
25 changed colour because they are photosensitive
Page 888
1 multi-focals like these, so he tried them on himself.
2 He saw that they did not suit him, he threw them down
3 and trampled on them, and then I went in between the
4 Chetniks and they beat us all.
5 Before entering the hangar, maybe two and a
6 half or three metres away, I was called out by
7 name, "look at our inspector. So you are here too Emil,
8 what are you doing here?", and I turned around and
9 I recognised Slavko Dokmanovic. And I said, "I am doing
10 what everyone else is doing here", and when he called
11 me, "inspector", the people who were beating me
12 probably thought I was a police inspector so I was
13 badly hurt, and when I entered the hangar, the beating
14 even intensified.
15 When I got into the hangar I saw Mr. Slavko
16 Dokmanovic too. He was kicking Dado... one of our
17 soldiers. I cannot remember his surname just for
18 a moment, who had injuries ton his legs and he kicked
19 him in those wounds. I also managed to see him make
20 a leap that is in football known as scissors, that he
21 did that, and at that moment Milos Bulic approached me
22 and with a wooden crutch he hit me on the neck, due to
23 which I suffered a serious injury of my vertebrae and
24 I think there is evidence of that here in the
25 documents. By then we were all already covered in
Page 889
1 blood, and on the right-hand side, right from the
2 entrance into the hangar, the prisoners were lined up
3 with their hands against the walls with their feet as
4 far from the wall as possible, and they were beaten.
5 They beat them as much as they wanted and as much as
6 they could, the people who were inside
7 On the left-hand side, about seven, eight or
8 maybe 10 metres away, I cannot say exactly, there were
9 piles of hay. Somebody pointed at me to go there and
10 I sat on the hay and at that moment I saw that
11 something was really happening to Damjan Samardzic that was
12 promised him in the barracks. Milos Bulic and some
13 others had thrown him on the ground on his stomach.
14 They were jumping on his back. They caught him by the
15 hair, and he hit his head against the concrete. Then
16 they turned him around, they jumped on his stomach. He
17 was bleeding through the nose and the mouth and he
18 died.
19 Q. Mr. Cakalic, if I can interrupt you for just
20 a moment, you said that as you came in you heard this
21 voice and then you recognised Slavko Dokmanovic. How do
22 you know Mr. Dokmanovic?
23 A. He worked in the same institution that
24 I worked in. He was an adviser of the committee for
25 agriculture and we met maybe 14 or 15 years ago at the
Page 890
1 Vupik plant in Bobota. I knew him also as the president
2 of the municipal assembly of Vukovar. We would often
3 meet in his office and elsewhere and we would greet one
4 another.
5 Q. And so you had occasion to speak with him
6 over these fourteen or fifteen years. Is that correct?
7 A. Yes, yes, I did.
8 Q. And prior to 20th November, how would you
9 describe your contacts with him? Were they friendly?
10 A. Yes. They were friendly. And my last contact
11 with him, I think it was some time in June, about
12 a month after the massacre of the Croatian policemen in
13 Borovo Selo, when a delegation was supposed to come to
14 Vukovar and it consisted of a representative of the
15 international Red Cross. I think his name is Dr. Nicholson,
16 and then the secretary of the Yugoslav Red Cross, Rade
17 Dubijic, the secretary of the Croatian Red Cross, the
18 late Dr. Anto Dubosovic, the secretary of the Vukovar
19 Red Cross, a lady, and myself as the president of the
20 Red Cross. I was to invite the president of the
21 municipal assembly to attend that meeting.
22 I personally went to Mr. Slavko Dokmanovic's office, the
23 president of the municipality of Vukovar, and
24 I conveyed to him this, asking him to come to the
25 meeting. As, however, Mr. Vidic came to the meeting,
Page 891
1 I think at that time he was still not a representative
2 of the Croatian government, the envoy of the Croatian
3 government for the municipality of Vukovar, and that
4 was actually the first time I had any contact with
5 Mr. Vidic.
6 MR. WILLIAMSON: Again, I think we have a bit
7 of a technical problem.
8 A. I can hear well.
9 Q. I think it is the transcript which is causing
10 a problem.
11 I apologise. Just one moment, please.
12 Now, you have indicated that you went to see
13 Mr. Dokmanovic to convey to him an invitation to this
14 meeting. Is that correct?
15 A. Yes.
16 Q. And what happened then?
17 A. Mr. Dokmanovic did not come to that meeting.
18 He sent Mr. Vidic.
19 Q. But did you see Mr. Dokmanovic on the occasion
20 where you had conveyed this invitation to him?
21 A. Yes, in his official office.
22 Q. And was there any discussion with him at that
23 time, any talks?
24 A. Yes. I invited him, I said, "Slavko, please
25 be so kind as to come to this meeting", and I said,
Page 892
1 "who else would be invited?". There was no written
2 invitation. I came to ask him to come in person,
3 orally.
4 Q. And do you recall what his response was at
5 that time?
6 A. He said he would come, and if he could not
7 come for any reason, that he would send someone else.
8 Q. Mr. Cakalic, do you see Mr. Dokmanovic in the
9 courtroom today?
10 A. Yes. I see him. I know him.
11 Q. Can you describe where he is seated and point
12 him out, please?
13 A. He is seated in the last row on the second
14 seat from the left.
15 MR. WILLIAMSON: Let the record reflect that
16 the witness has identified the accused, Mr. Dokmanovic.
17 On 20th November, do you do you have any
18 doubt that it was Slavko Dokmanovic you saw at Ovcara?
19 A. No. I am sure I saw him.
20 Q. Do you recall what he was wearing on that
21 day?
22 A. He was wearing a blue uniform, perhaps
23 a little lighter than my jacket. On his hat he had the
24 Tito cap with a five-cornered star, and a jacket.
25 Three-quarter length, maybe 20 centimetres above his
Page 893
1 knees.
2 Q. Did Mr. Dokmanovic hit you?
3 A. No.
4 Q. But you were beaten at Ovcara. Correct?
5 A. Yes, badly.
6 Q. At the time that you saw Mr. Dokmanovic, what
7 was your mental state at that time?
8 A. I was in quite a good mental state, but I was
9 terribly surprised. I could record every detail and
10 I remember events very well. I only have problems with
11 timing.
12 Q. At any point during the day did you lose
13 consciousness?
14 A. I was beaten, I fell down, but I got up too,
15 because those who fell down, they never got up again.
16 Q. Was your vision impaired in any way during
17 the day?
18 A. I wear correctional lenses but at the time
19 I was without my glasses. The strength at the time was
20 1:25, 2:75; now I have 1:75 and 4, but I would describe
21 each person in this room, how they are clothed and what
22 they look like, even without my glasses.
23 Q. At any point in time, was your face bloodied?
24 A. It was. That may be the reason that I did not
25 recognise some other people, because blood was coming
Page 894
1 from my nose and mouth and this blood was covering my
2 face and clothes, but after a short time I wiped myself
3 off with a handkerchief so I could see well.
4 Q. At the point you have indicated you saw
5 Mr. Dokmanovic, was there blood on your face at that
6 time?
7 .
8 A. There was.
9 Q. Was it affecting your eyesight in any way?
10 A. No.
11 Q. Now, earlier you were talking about Damjan
12 Samardzic being beaten. You felt like he had been killed. Is
13 that correct?
14 A. Yes.
15 Q. Did you see anyone else seriously injured or
16 killed?
17 A. Yes. The same happened to a man called Kemal,
18 already in the bus during the transport when we were
19 being driven from the barracks to Ovcara. He was abused
20 by the soldiers accompanying us in the bus, who said he
21 was a Shiptar, that they would kill him. He responded
22 that he was not. He said he was a Macedonian, showing
23 his ID card, that his name is such and such, that he
24 actually has a Macedonian surname and not an Albanian
25 one. And he was also killed at Ovcara, in addition to
Page 895
1 Samardzic, in the same way.
2 Q. How long did you stay at the hangar at Ovcara
3 inside?
4 A. Perhaps one hour, on the outside.
5 Q. During the time that you were in the hangar,
6 what was the lighting like inside?
7 A. The hangar had glass panes, windows below the
8 ceiling. These opened inwards, and the light came from
9 one side of the wall of the hangar, and from the other
10 side of the wall, so that one could see quite well, and
11 when one could no longer see in the hangar, an electric
12 bulb was switched on which was attached to
13 a electricity-producing device.
14 Q. A generator?
15 A. Yes, generator.
16 MR. WILLIAMSON: At this time I would like for
17 the witness to be shown again in this book which has
18 previously been marked as -- for identification
19 purposes only -- as Prosecutor's Exhibit 20, and
20 perhaps if the usher can bring it, I can turn to the
21 correct page.
22 Mr. Cakalic, do you recognise what is depicted
23 in this photograph?
24 A. Yes.
25 Q. What is shown?
Page 896
1 A. This is the hangar with the agricultural
2 machinery inside.
3 Q. Was that machinery there on 20th November?
4 A. No.
5 Q. Again, perhaps, if the overhead lights can be
6 dimmed a little bit, and Mr. Cakalic, if you can point
7 out in this photograph where you were located and where
8 some of these events that you have talked about
9 occurred?
10 A. If I may, I should like to show you the
11 windows.
12 The doors were a little more widely open than
13 now. We went along this path between two rows of
14 Chetniks, we entered, and here on this side was Milos
15 Bulic, and after I was called out as, "inspector",
16 thinking that I was a police inspector, he started
17 beating me. I fell about two times, and then I got up
18 and walked towards him. I was terribly annoyed, I could
19 not control my feelings, but surprisingly enough, he
20 ran off, even though he was armed.
21 Here on the left, another three or
22 four metres away, Damjan Samardzic and Kemal were
23 killed. When I got inside I saw Mr. Dokmanovic. Roughly
24 here (indicates), and he hit Dado Dukic. I could not
25 remember his surname. Dukic is his surname, Vladimir,
Page 897
1 known as Dado Dukic. I know him because I was a friend
2 of the family.
3 Q. If you would turn to the next page, please,
4 in this album, does this picture more clearly depict
5 the windows that you were describing in the building?
6 A. Yes.
7 MR. WILLIAMSON: Your Honours, at this time
8 I would like to tender this as Prosecutor's Exhibit 20.
9 Mr. Cakalic, what were the circumstances under
10 which you were taken outside of the hangar?
11 A. There were many of us. We were all badly
12 beaten, and abused. We sat on piles of hay, you know,
13 the way combines make them after harvesting the wheat.
14 After some time, a man was standing outside the door,
15 dressed in the clothes of the Yugoslav army without any
16 insignia on his cap with a white ribbon, I do not
17 remember whether it was on his left or his right
18 shoulder. He pointed at me and said, "you, you old man.
19 Come outside". We were unshaven, and we really looked
20 terrible. I said, "I will not because you will kill
21 me". He said, "no, I will not kill you. Come and stand
22 here next to the entrance to the hangar".
23 By then all the buses had been unloaded, so
24 I stood next to the door and he told me to wait there.
25 I waited there, but the beatings inside continued.
Page 898
1 I did not see Mr. Dokmanovic any longer. He left the
2 hangar, probably. I went out, and I stood next to the
3 door, then some other young men went inside, and there
4 (redacted)
5 (redacted)
6 (redacted)
7 (redacted)
8 (redacted)
9 (redacted)
10 (redacted) I said that he was probably a Serb.
11 We were taken out in front of the hangar.
12 I saw the soldiers who had escorted us in the bus to
13 Ovcara were there and they were looking for money. One
14 of us seven gave some money. I do not know who it was.
15 It was dark by then.
16 Q. Did you eventually leave the hangar? Leave
17 Ovcara?
18 A. No. When we had all gathered there after some
19 time we were called into the hangar, and there was
20 a colonel and two lieutenant colonels inside. They took
21 our particulars down. They wrote them down with the
22 help of that bulb, and only after that did we come back
23 out of the hangar and then we waited until a combi-van
24 came to pick us up.
25 I must say that before I had left, some other
Page 899
1 things happened in the hangar. A man appeared, a very
2 strong, big man, maybe 2 metres tall, well-built,
3 I think he had about 130 kilograms, with a large cap
4 and a big cockade on it, with knives in his belt, and
5 a major. I later heard his surname, if it is correct,
6 Milan Lukic, and I learned of his name when we were
7 driven for the second time from the barracks towards
8 Negoslavci and I saw him escorting the convoy. He
9 wanted to use an electric baton, and the Chetnik, the
10 tall one, I do not know his name, warned him not to do
11 that, "there are too many witnesses".
12 MR. WILLIAMSON: Your Honours, if I can just
13 interrupt very quickly, I believe we need a redaction
14 at page 79, lines 10, 11 and 13, please.
15 JUDGE CASSESE: Yes.
16 MR. WILLIAMSON: Now, when you were taken in
17 this combi-bus that you were talking about, do you know
18 who was driving the combi?
19 A. I do. Mile Bakic.
20 Q. And is this someone you knew from before?
21 A. Yes. I knew him. He is a person who came
22 under medical inspection. He drove bread, in a special
23 vehicle, from the bakery to the sales outlets.
24 Q. And where did Mr. Bakic take you?
25 A. After we got into the combi I sat next to
Page 900
1 him. He was driving, and to my right was a soldier with
2 a rifle, and I think there was another soldier but
3 I did not recognise him. He was not a prisoner. And the
4 rest were sitting behind in the combi.
5 Q. And where did you go?
6 A. They took us to Velepromet. In Velepromet, we
7 were told to come out of the combi, and a man came up
8 to us and I knew him as a merchant from Negoslavci. His
9 name is Bingulac. He looked at me and asked, "uncle
10 Emil, what are you doing here?". I said, "what all the
11 others are doing". He recognised some others and at
12 that moment among the soldiers who were escorting us,
13 we were proclaimed some kind of murderers, killers,
14 bandits, killers of Serbs, and when this shopkeeper,
15 Bingulac, when he heard us being called by those names,
16 he said, "I do not have any room for them. Take them to
17 Modateks", so they took us to Modateks.
18 This was a privately-owned tailoring company.
19 There were many machines inside, and when we entered
20 there were about 150 women inside who had been
21 collected in Vukovar and brought there.
22 They were placed to the right, and the
23 soldiers escorting us, one of them went in front
24 saying, "be careful, the greatest killers from Vukovar
25 are coming", and then I heard from among the group of
Page 901
1 women somebody saying, "surely, uncle Emil and uncle
2 Guncevic and others cannot be killers. That is
3 impossible. We know those people from Vukovar, they did
4 not do that", and then a soldier turned around and
5 pointed a warning finger at her to keep quiet.
6 Those women were taken away in three buses.
7 I do not know where.
8 Q. How long did you remain at Modateks?
9 A. Until 21st, until about 4 o'clock, 4.30.
10 A man was there whom they called, "Dedica", or
11 "grandpa". I do not know him. I had not known him from
12 before. He gave us certain assignments to do, to wash
13 up, to clean and so on, which we did, and on 21st at
14 about -- or between 3 and 5, I had no orientation in
15 time anymore, we were called into a small room. It
16 could not have been larger than six square metres.
17 There were some benches and some cupboards there. He
18 told us to sit down there. He gave us some fish cans
19 and some bread and water, and said he would lock us up
20 because the Chetniks could come and slaughter us. That
21 morning indeed they came. Many came to Modateks to see
22 what we looked like. A corporal came. I think he was
23 Macedonian. They attacked Berghofer a lot. The soldiers
24 beat Dudas and Guncevic.
25 Berghofer, the daughter of my colleague who
Page 902
1 was a market inspector, she pointed a knife, put
2 a knife under his neck, and this sergeant major said,
3 "when I take you to Velepromet with my... then Topola
4 will burn out your eyes with cigarette butts".
5 So, they were quite an inquisitive people who
6 wanted to come and see us. Among others, a director of
7 a department of Borovo came. His name is Jovo Dabic,
8 with whom I was a very good friend, and when I saw him
9 coming in, we hid behind the machines. We did not wish
10 to greet him, though he called "Guncevic" who was his
11 colleague from the economics faculty.
12 Q. Now, you have indicated that you left
13 Modateks on 21st. Where were you taken from there?
14 A. Because Dedica, grandpa, had come from
15 somewhere, he unlocked us. Another man was with him. He
16 had the rank of captain. I know him, but I cannot
17 remember his last name now. I am sure I will remember
18 afterwards. The two of them escorted us on foot from
19 Modateks to the Velepromet warehouse. That was
20 a collection centre for the prisoners. There was
21 a drizzle. It was quite cold. I just had this kind of
22 jacket on, so we were poorly-dressed.
23 In front of the entrance to Velepromet on the
24 right-hand side of the road, there was a group of a few
25 people who were wearing Yugoslav army uniforms and they
Page 903
1 had helmets on their heads and they kept yelling, "give
2 me Perkovic, give me Krtinic", et cetera, and
3 I recognised Pero Krtinic to be among them because we
4 used to see each other quite often when we went
5 fishing.
6 However, this Dedica, grandpa, was very fair,
7 and he said, "if anyone touches any one of these seven
8 men I shall personally kill him", and indeed no one
9 touched us. And he said, "when I hand them over, then
10 you do whatever you want to them. Then it is your
11 affair".
12 We were taken to the carpentry shop. There
13 was a hallway there and there was a room on the
14 left-hand side and on the right-hand side. When we
15 entered this room we were going in one by one, then we
16 were supposed to put our hands on the wall to put our
17 feet apart and we were searched. Everything was taken
18 away from us. Everything that we had. If you remember,
19 when we were getting off the buses, I mentioned that
20 I only had my spectacles taken away from me but I had
21 everything else. I had all my documents, I had my ID,
22 I had that paper authorising me to negotiate on behalf
23 of the Red Cross, I had money, I had my savings account
24 book, and they took everything away from me. Everything
25 I had, and what they did with it I really do not know.
Page 904
1 I saw a doctor there, Dr. Maric. He was an
2 orthopaedic surgeon. We were very good friends. He was
3 sitting at a desk, and writing down our names and
4 surnames and taking our other particulars, and
5 I remember not one of us but one of the other prisoners
6 complained to Dr. Maric that his blood pressure was --
7 that his blood sugar was down because he was a diabetic
8 and Dr. Maric gave him three or four cubes of sugar, he
9 ate that and felt a bit better afterwards.
10 Dr. Maric could not face me. I saw that he was
11 flushed in the face. It was very unpleasant for him,
12 I could see that and I was also embarrassed.
13 We went into this room. We called that room,
14 "the room of death".
15 I saw many of my acquaintances there. When
16 I went in, Mr. Karlo Crk, director of the Vukovar
17 slaughterhouse invited me to sit next to him, and he
18 let me take his chair and he sat down on the floor on
19 some kind of blanket or something. I cannot remember
20 what it was down there.
21 Once we were there this big door, it was
22 a big door, and it was latched on the outside, and
23 every time when this big door was opened, when
24 somebody's name was called out, it was a ceremony. They
25 had to unlock it, unlatch it, and then somebody looked
Page 905
1 inside and said, "you. You come out here".
2 Mr. Crk then went out and he never came back.
3 Ivan Golac went out, and he never came back. All of
4 a sudden, the door opened and at the door I saw
5 a person dressed in a military uniform of the Yugoslav
6 People's Army with a cap, full uniform, bombs on both
7 sides and I recognised Zarko Leskovac who was in charge
8 of the civilian defence in the Vuteks organisation with
9 whom I had co-operated. I organised first aid courses.
10 I taught first aid courses to members of the civilian
11 defence, and he was always organising these courses, so
12 we were on good terms. I believe that he was drunk,
13 because I had never seen him in such a state ever in my
14 life before that.
15 However, after coming and going, Perkovic
16 Tihomir's name was called out. He was taken out and
17 brought back in a few times. Every time he had new
18 marks on his face. The last time they took him away,
19 perhaps sometime around 11 o'clock, he never came back.
20 Q. Mr. Cakalic, Mr. Perkovic was one of the people
21 who had been taken from Ovcara with you, was he not?
22 A. Yes.
23 Q. Now, did there come some point in time when
24 you left there and went to Sremska Mitrovica?
25 (redacted)
Page 906
1 (redacted)
2 (redacted)I think that he was a witness here the other
3 day too.
4 After some time after midnight, through the
5 windows you could hear the noise made by the Chetniks.
6 They were singing, and allegedly they were going to the
7 room that we were in and threatening to kill us, and
8 there was a little window there and you could throw
9 a bomb in through it. A captain came and he introduced
10 himself by his name and surname but I forgot it. He
11 said that he was a captain of the counter-intelligence
12 service and he said that he came to save us, to take us
13 to the Vukovar military barracks. He came on a bus. He
14 said that if we did not want to go then the Chetniks
15 would kill all of us, so that we should get going
16 quickly. He opened the door and we boarded the bus and
17 the bus could not ignite so we had to push it and
18 perhaps we had moved about 10 or 15 metres and we saw
19 this group which started moving towards the rooms that
20 we were in, the so-called room of death, and these
21 people wanted to kill us. But the captain took us to
22 the Vukovar military barracks. This was the second time
23 we were taken there.
24 In the military barracks, we got out of the
25 bus and we were sent to a big room. Perhaps it was half
Page 907
1 of this courtroom. Yugoslav army soldiers were there to
2 meet us. They treated us very fairly. They gave us
3 water, food, blankets. We thought that we would manage
4 to get some rest there.
5 However, as morning was dawning, more and
6 more military policemen were coming in, and they would
7 beat individuals there. We were already a group of some
8 40 people because all the people who were in the room
9 of death came with the six of us. Perkovic was no
10 longer with us. We were all taken to Velepromet. I did
11 not say this before so now I am adding this to what
12 I have said.
13 (12.45 pm)
14 As the morning was progressing, more and more
15 military policemen were coming in. A young man's hands
16 were tied behind his back with a wire. His hands were
17 injured. They made him swallow two or three bullets.
18 I do not know. He was in the camp in Mitrovica with me
19 afterwards. Another man, Vukalic, from the
20 municipality, Mr. Dokmanovic knows him too, he worked in
21 the finance department. He was badly mistreated. He was
22 beaten a lot. He was near me. There were three or four
23 people between us, perhaps, and other people were
24 beaten up to too.
25 Now, as morning was dawning, it was about
Page 908
1 7 o'clock, a soldier walked in without a cap on his
2 head, with his hair cut very short. He had a military
3 overcoat on and he introduced himself to us. He said,
4 "I am Vojin Misic, a Serb from Negoslavci, I am
5 Captain Vojin Misic". I do not know if it was him or
6 not. I do not remember ever having seen him before that
7 and I do not remember having seen him since, but this
8 is what he said, "Serbs to the one side and everybody
9 else to the other side". There were women among us,
10 too. And one of them said, "what am I going to do? I am
11 a Croat and my husband is a Serb", and he said, "to the
12 right-hand side", so the Serbs were on one side and we
13 were on the other side.
14 And then he turned to us, Croats, and he
15 started speaking to us. "Listen you guys, we are going
16 to kill all of you. We are going to burn you all. We
17 are going to throw your ashes into the Danube, to
18 destroy your Croat seed". I remember exactly that
19 sentence and I shall never forget it.
20 We all became fearful because we did not know
21 what would happen. He allowed people to go to the
22 lavatory two by two, and as one pair would come back,
23 another pair would go. Guncevic - see above and I stayed
24 behind. We were the last, somehow. I said, "do not go
25 out there, there are a lot of Chetniks outside". We had
Page 909
1 to go out of that room, go through a corridor and then
2 go to the lavatory. There were a lot of Chetniks who
3 were waiting there to get hold of us.
4 When this was over, a list was made,
5 and through that hallway where the Chetniks were. One
6 of them moved towards me and wanted to grab me, but the
7 soldiers would not let him. We were taken to the bus
8 and then we were driven by bus to Negoslavci. We spent
9 two or two and a half hours there, or three hours, I am
10 not too sure.
11 We also had an armoured vehicle with us, and
12 I saw a lieutenant of their army enter that vehicle.
13 I think that he had surrendered to our soldiers.
14 MR. WILLIAMSON: Your Honour, we need another
15 redaction on page 87 at lines 8 through 10.
16 Mr. Cakalic, just moving along a little bit
17 here, did you eventually end up in Sremska Mitrovica on
18 that day?
19 A. Yes.
20 Q. And how long did you stay in Sremska
21 Mitrovica?
22 A. Until 7th February 1992.
23 Q. And during that time, where were you housed?
24 A. Sremska Mitrovica.
25 Q. Where in Sremska Mitrovica?
Page 910
1 A. Pavilion number 3 on the second floor, room
2 number 3.
3 Q. And where was this pavilion located? Was it
4 in some type of institution?
5 A. Yes. The prison in Mitrovica, the corrections
6 house.
7 Q. And were you charged with any crimes during
8 this time period?
9 A. No.
10 Q. Was there any allegation that you had ever
11 done anything wrong?
12 A. For a long time, no.
13 Q. Do you have any idea why you were being held
14 there?
15 A. Just like all other citizens, however, they
16 were very well-informed as to what who had done. I had
17 said that I had volunteered to be involved in
18 preventative medicine for the Croat army and for the
19 civilian population of Vukovar, because all the doctors
20 and medical staff involved in preventative medicine had
21 left except for a colleague of mine, Ivo
22 Kardun. I charged him afterwards with the duties at the
23 hospital because there were many things to be done at
24 the hospital. It was full of wounded people and he was
25 in charge of providing good water and he was -- and
Page 911
1 food, et cetera, and he was a very good man and very
2 conscientious.
3 I was first invited for interrogation,
4 I think on 14th January 1992 by Mr. Boro Savic. He was
5 secretary of a political party in Vukovar. And Goran
6 Hadzic, president of this political party and later
7 president of Krajina, the so-called, "Krajina".
8 They wanted to get certain answers from me.
9 For example, who carried out mobilisation in Vukovar.
10 I said, "the military police of the Croatian army". He
11 did not believe that. He did not believe that there was
12 a military police of the Croatian army. But it was
13 organised quite well, and pretty soon not very many of
14 them, but they were good, and then who do they
15 mobilised? They mobilised -- he asked that I say who
16 they had mobilised in the building that I believed in.
17 "They mobilised Nikola Pekic". And he said, "who is
18 that?", and I said, "that is my neighbour. The nephew
19 of the retired general, Dusan Pekic", "and what they do
20 to him?", and I said, "they took him away", and
21 he said, "they slaughtered him", and I said, "no, I did
22 not".
23 Q. Without going all the way through this,
24 I just want to ask you a couple more questions, if we
25 can, about your time in Sremska Mitrovica. As a result
Page 912
1 of your time there, did you sustain any injuries?
2 A. Yes.
3 Q. And what were the nature of those injuries?
4 A. Yes. The first heavy injuries I sustained at
5 Ovcara. That was part of my backbone towards the neck,
6 my right-hand elbow, I still cannot clench my fist
7 until the present day. I cannot lift my hand any
8 further, and I am not trying to say that this is only
9 a consequence of Ovcara, because I was also in two
10 massacres in Mitrovica.
11 In the second massacre in Mitrovica, which
12 was dreadful, we had to take off our shoes and take off
13 our clothes before that. I had injured my left foot as
14 a child towards the end of the Second World War, and
15 when Vukovar was bombed from aeroplanes, I ran and
16 I wanted to jump into a yard and then I jumped onto the
17 edge of a step and I injured my foot in that way and
18 when we were supposed to take off our shoes then he saw
19 that I had a bandage on my foot. I do not know what he
20 thought and he started beating that leg and foot and
21 that bandaged area that was injured until the present
22 day I have terrible pain in that leg and also atrophy
23 of that left leg. I can show it to you if you are
24 interested.
25 We were beaten there. We had to lie on our
Page 913
1 backs first and then on our stomachs, and they beat us.
2 It was not the soldiers who were beating us during the
3 second massacre, it was the police who were beating us.
4 Q. And these police are from which Republic?
5 A. Afterwards we got to know quite a few of
6 them --
7 Q. I am sorry, go ahead.
8 A. As I said, afterwards we got to know quite
9 a few of them because they were working in that camp in
10 Sremska Mitrovica. We were in touch with them. They
11 would take us to interrogations and take us back from
12 interrogations and they took us to clean rooms. They
13 would open the doors and they would bring medicine to
14 many prisoners who needed it.
15 Q. Where is Sremska Mitrovica located? In which
16 Republic?
17 A. In the Republic of Serbia.
18 MR. WILLIAMSON: I have no further questions,
19 your Honour.
20 JUDGE CASSESE: Thank you. I think we will
21 now stand in recess until 2.30 sharp.
22 (12.55 pm)
23 (Luncheon adjournment)
24 .
25 .
Page 914
1 (2.30 pm)
2 Cross-examined by MR. FILA
3 Q. Thank you, your Honour.
4 Mr. Cakalic, let us briefly review the period
5 prior. You said that Mr. Dokmanovic, president of the
6 assembly of the municipality of Vukovar, that you had
7 a meeting. When was the last time you saw him?
8 A. At Ovcara.
9 Q. Before that.
10 A. That must have been at the beginning of June
11 when we were told that representatives of the
12 International Red Cross, Mr. Nicholas and so on. After
13 that at Ovcara.
14 Q. What happened with Mr. Dokmanovic in the
15 meantime?
16 A. He knows that.
17 Q. My question is, did he leave Vukovar?
18 A. He was there for a while. After that he
19 probably left. I did not see him afterwards, nor did
20 I enquire about him, but according to rumours, he had
21 left.
22 Q. Was the municipal assembly disbanded?
23 A. A representative of the government of Croatia
24 was appointed for Vukovar. Whether the assembly was
25 disbanded, I really do not know.
Page 915
1 Q. Who was that? Who was the representative?
2 A. Marin Vidic.
3 Q. You were working in the hospital. Those two
4 or three days you spent there, was a part reserved for
5 JNA reservists, the wounded of the JNA?
6 A. They were together with all the other wounded
7 of the Croatian army. There were no problems between
8 them.
9 Q. Was there a special room for them or were
10 they together?
11 A. I think they were together but I am not sure
12 about that.
13 Q. Were some people taken from the Vukovar
14 hospital on 19th in the evening, afternoon or evening,
15 and do you know whether any of them ended their life in
16 Ovcara?
17 A. Yes.
18 Q. Can you tell me who?
19 A. Stanko Duvnjak. He was a plasterer, medical
20 technician in the hospital. I cannot remember his
21 surname. He was taken away. Quite a number of people.
22 I did not see our journalist, for instance, in the
23 hospital. He was taken somewhere as well, but it is
24 a fact that afterwards they were at Ovcara.
25 Q. Even though they were taken away on the 19th.
Page 916
1 A. Yes. Some of those I knew were taken to
2 Ovcara and they were identified from the mass grave at
3 Ovcara.
4 Q. To make it quite clear, I am referring to
5 people taken away on 19th.
6 A. Yes.
7 Q. When the armed forces appeared on the 19th --
8 A. Which armed forces?
9 Q. We will get to that point.
10 A. I do not know how to call them.
11 Q. They were JNA, et cetera, but it is up to you
12 to answer my question. That is why I am putting it like
13 this.
14 A. Do you want me to answer?
15 Q. Let me put the question. The question is;
16 what were the different formations that appeared?
17 A. First, there were formations of the Yugoslav
18 People's Army and when the Yugoslav army left, then
19 regularly the Chetniks would appear.
20 Q. I am talking about the hospital on 19th and
21 20th.
22 A. I know that the Yugoslav army did not want to
23 let the Chetniks inside straight away, but after
24 entering the hospital, this Stanko Duvnjak, Sinisa
25 Glavasevic and Josip Batarelo, and some others whose
Page 917
1 names I cannot remember, were captured.
2 Q. Among those Chetniks, whatever you wish to
3 call them, were there local Serbs from Vukovar?
4 A. There were.
5 Q. Were those people who were familiar with
6 Vukovar?
7 A. Yes.
8 Q. Could they show the JNA all the most
9 important features of Vukovar?
10 A. Yes.
11 Q. Referring to these three points, the
12 hospital, the barracks and Ovcara, did you see Slavko
13 Dokmanovic anywhere else except Ovcara?
14 A. No.
15 Q. I am referring to the 19th, 18th or any other
16 day.
17 A. No.
18 Q. Thank you. Let us pass on to Ovcara so as to
19 save time. You said that Dokmanovic hit a certain
20 person called Dado, if I am not mistake.
21 A. Dukic, yes.
22 Q. Can you tell me where Dokmanovic was standing
23 and where Dukic, and where he hit him and how he hit
24 him?
25 A. When I was entering the hangar I already
Page 918
1 found there Mr. Slavko hitting Dukic Dado.
2 Q. Where?
3 A. He was wounded in the legs and he was hitting
4 him in the wounds.
5 Q. We did not understand one another. At what
6 place, in which place in the hangar?
7 A. Roughly behind that white sign when you enter
8 the hangar, through the right door, then three or
9 four metres from the door.
10 Q. So roughly in the middle of the hangar?
11 A. Yes, roughly.
12 Q. Mr. Cakalic, you gave an additional statement
13 that the Prosecutor reminded you of. On the second
14 page of that supplement, you said the following:
15 "Because of the circumstances and the
16 condition I was in, I could not see who Dokmanovic was
17 hitting, but it was not me."
18 A. But I said that I saw him hitting Dukic. You
19 can find that in previous statements as well.
20 Q. But it is a fact that you did not say that.
21 I can read you your statement if the court wishes me
22 to. In your first statement, nor in the supplement did
23 you mention that you saw Dokmanovic beating someone.
24 A. Yes, I did, even in the official note,
25 I think. We can have a look.
Page 919
1 MR. FILA: If your Honour, Mr. President, you
2 allow me to have the witness read both statements, then
3 we can see.
4 JUDGE CASSESE: Yes. Any objection? Thank
5 you. (Pause).
6 Mr. Fila --
7 MR. FILA: I beg your pardon.
8 JUDGE CASSESE: Do you wish the witness to
9 read a specific line of the statements?
10 MR. FILA: Yes.
11 JUDGE CASSESE: Could you indicate to him the
12 line?
13 MR. FILA: I have shown him that in both
14 statements. I have asked him to find in either
15 statement the place where he said that Dokmanovic was
16 beating Dukic. You have two statements that have been
17 admitted and you cannot find that in either. (Pause).
18 Will you please look at the supplement?
19 A. May I answer?
20 Q. Will you please read when you find it, that
21 you said that you saw Dokmanovic hitting Dado Dukic.
22 A. It does not say that but it says that he and
23 others were beating our wounded.
24 Q. You said that you had already said that
25 Dokmanovic was beating Dukic. I said that was not true
Page 920
1 because it does not say in either statement that you
2 said that. On the contrary, it says that you did not
3 see who he was hitting and this morning you said he
4 did?
5 A. I said that I saw him hitting our wounded and
6 one of our wounded was Dukic, sir.
7 MR. FILA: You said that in both your previous
8 statements you had said that you saw him beating Dado
9 Dukic. In your statement it says that he used the baton
10 on Dado Dukic. You did not mention Dokmanovic at all.
11 MR. WILLIAMSON: Your Honour, I would object
12 at this point. I think the witness has answered the
13 question and I think at this point he is just arguing
14 with the witness.
15 JUDGE CASSESE: Yes. Mr. Fila, I would like to
16 ask you to move on.
17 MR. FILA: How do you explain the sentence
18 that I just read out to you, from your supplementary
19 statement, dated 21st April 1996:
20 "Due to the circumstances and the condition
21 I was in, I could not see whom Dokmanovic was beating
22 but he was not beating me."
23 Let him explain this.
24 A. I said that when I walked into the hangar,
25 that he was beating our wounded. Among our wounded, but
Page 921
1 it does not say that here, that Dado Dukic was one of
2 them, but he was there and I saw him. I could swear to
3 that.
4 Q. Do not swear, please.
5 For how long were you looking at Dokmanovic
6 at the time in minutes, hours, days, whatever you like.
7 A. I was not counting the time, nor was I in
8 a position to count the time, but I can tell you
9 roughly. He was in my field of vision for maybe two or
10 three minutes.
11 Q. Before those two or three minutes, were your
12 people being beaten before and after Dokmanovic?
13 A. Yes.
14 Q. Can we say then that the beating did not
15 begin nor stop with Dokmanovic's arrival?
16 A. Yes, we can.
17 Q. Can you now explain in detail to us, describe
18 in detail the clothes, or the uniform -- no, rather the
19 clothing that Dokmanovic was wearing. Start from his
20 feet, please.
21 A. I was not looking at his shoes. I do not know
22 what kind of shoes he was wearing. I know he had blue
23 trousers, that he had a blue three-quarter-length coat
24 also blue, but maybe a little lighter than mine, and on
25 his head he had a Tito cap with a five-cornered star.
Page 922
1 Q. I assume that he had a blouse, or a jacket,
2 below that three-quarter-length coat.
3 A. I did not see that.
4 Q. Can you tell us what kind of material was it?
5 Woollen, fabric or was it a JNA uniform?
6 A. It was a blue uniform. The kind of uniforms
7 that I think JNA pilots used to wear.
8 Q. You said that he was a lieutenant colonel of
9 the JNA. He had his rank, he had the rank of lieutenant
10 colonel on his shoulder. It is only us that know what
11 those ranks look like.
12 A. They are worn on both shoulders.
13 Q. What do they look like?
14 A. There were three fields. The two end ones had
15 a star, and the one in the middle did not have a star
16 in it.
17 Q. Over those stars -- let us be very precise.
18 Was this on what he was wearing on top, on this coat,
19 then, yes?
20 A. Yes.
21 Q. Was this coat made like a wind jacket or was
22 it a woollen material? A fabric, or was it a synthetic
23 material like a wind breaker?
24 A. I think it was woollen material.
25 Q. Now, what else? What was Dokmanovic wearing?
Page 923
1 You said three-quarter-length coat made of woollen
2 fabric. Thank you. You said he had a Tito cap on his
3 head, with a red five-cornered star.
4 A. Yes. Whether he wore it afterwards, I do not
5 know.
6 Q. We are only talking about those three or four
7 minutes when you saw him.
8 A. Yes.
9 Q. I think it was in answer to a question from
10 the Prosecutor that you remember events and faces, but
11 not times so much. What does that mean?
12 A. That means that I cannot tell you exactly
13 what time it is, when you are questioning me and
14 whether something lasted five minutes or fifteen
15 minutes.
16 Q. But do you know whether it was daylight or
17 dusk or dark?
18 A. Yes, I have already said that, and I will
19 answer again, if you ask me a question about that.
20 Q. I am just going to. The moment the buses
21 arrived, was it daylight?
22 A. Yes.
23 Q. Can you tell us roughly what time?
24 A. About after 2 pm.
25 Q. When you saw Dokmanovic inside, how long
Page 924
1 after you had arrived was that, roughly?
2 A. There were two buses, I was towards the end,
3 the last in the third, maybe this took about 40
4 minutes. Maybe about 40 minutes.
5 Q. So somewhere before 3 pm?
6 A. Yes.
7 Q. When you left the hangar, your small group,
8 was it still daylight, or was it getting dark or was it
9 dark?
10 A. When I came out it was still daylight and
11 when some other people joined us, dark started to fall.
12 We did not all come out at the same time. This took
13 a little time.
14 Q. The moment you left the hangar, it was still
15 daylight. The event with Dokmanovic happened before
16 that, did it?
17 A. Before that.
18 Q. After you left the hangar and it was still
19 daylight you no longer saw Dokmanovic?
20 A. No.
21 Q. Thank you. You said that when darkness
22 started to fall, an electric bulb appeared. Was there
23 a vehicle around, perhaps?
24 A. I know there was an electric bulb. I assume
25 there was a generator because one could hear it. One
Page 925
1 could hear the sound, but we did not go to check. We
2 were not in a position to check. The light was
3 sufficient for the people taking down our names to be
4 able to write them down.
5 Q. Did you perhaps see a vehicle with the lights
6 switched on entering or facing the door?
7 A. When we were taken out of the hangar it came.
8 A vehicle came in front of the door of Ovcara. It
9 stopped right next to the road and I do not know how
10 many, about 10 or 15 soldiers came out in uniform of
11 the Yugoslav army with helmets and with baseball bats.
12 They entered the hangar. The soldier on duty closed the
13 door of the hangar. There was a colonel inside, and
14 upon his whistle half of them, probably half of them
15 beat them as much as they would and could, and when
16 this officer blew his whistle again, then those who
17 were resting took the other group's place. This was
18 terrible. The screams. I dream them, you know,
19 sometimes. I wake up with them and I go to sleep with
20 them.
21 Q. If that means anything to you, I believe you
22 absolutely, personally. I quite agree with you. That is
23 terrible.
24 My question was, was there a vehicle that was
25 lighting you up, not a vehicle that had brought some
Page 926
1 people.
2 A. The combi made a turn there. Whether there
3 was any other vehicle... it seems to me that perhaps
4 there was a passenger vehicle.
5 Q. No, a military vehicle. Was there a military
6 vehicle that was standing in front of you and lighting
7 you up?
8 A. I do not remember that.
9 Q. In your supplement, you said that you saw
10 Slavko Dokmanovic in the media and on television later.
11 What year was that?
12 A. That was in 1991 while we could still watch
13 television.
14 Q. No, I am talking about much later, when you
15 got to Zagreb you mentioned that.
16 A. Yes. I saw him on television. I cannot tell
17 you the day or the hour. I just remember the event,
18 seeing him on television.
19 Q. Was that 1994, 1995? Is that the period you
20 are referring to?
21 A. I said that I saw him on television when he
22 became a member of the Serbian National Council. There
23 was a picture of all of them.
24 Q. So I assume they took a picture of them.
25 I have given the tape to the Prosecution. You will see
Page 927
1 that he was never a member of the Serbian Council, but
2 when did you see them later on television? When you got
3 back to Zagreb?
4 A. I saw him the other day on television.
5 Q. I believe you. You saw me then, as well, but
6 I am not talking about that:
7 A. Sir, I am talking about events, about all the
8 events. I am interested in events and I am recounting
9 those events. I am not learning them by heart to be
10 able to tell you on such and such a day at such and
11 such an hour I saw this. I am not even making an effort
12 to remember such things.
13 Q. But in your supplementary statement you said:
14 "Upon returning to Croatia I saw Dokmanovic
15 several times on television and in the newspapers."
16 When was that, even two days after your
17 return to Croatia.
18 A. Well, I told you I saw him the other day
19 again.
20 Q. But can you please tell us, was this 1995,
21 1994? When?
22 A. For instance, it was in 1997 and 1998.
23 Q. But in 1996, 1995?
24 A. Probably.
25 Q. When you saw him at Ovcara that evening, did
Page 928
1 you hear him say anything?
2 A. It was the afternoon, not the evening.
3 Q. All right, the afternoon. Apart from
4 anything, "inspector, how come you were here?", did you
5 hear him say anything else? Did he give any orders to
6 anyone?
7 A. Perhaps he was, but I did not hear him.
8 Q. Therefore, except for this phrase, nothing
9 else?
10 A. Nothing.
11 Q. Were you able to conclude anything about him
12 regarding the JNA and everything else then, not now?
13 A. Yes. I was extremely astonished and it
14 affected me. May I add a few words?
15 MR. FILA: No.
16 MR. WILLIAMSON: Objection, your Honour. I
17 think if the witness has something else he would like
18 to say then he should be allowed to answer it in full.
19 JUDGE CASSESE: Objection sustained. Yes.
20 MR. FILA: I apologise immediately. I was just
21 watching the time. Please do say whatever you want.
22 That is not the problem at all.
23 A. I was sorry. I felt embarrassed, in fact,
24 that I had seen him there and I would have been happy
25 today not to have seen him there because I was thinking
Page 929
1 how can an intellectual, a person with whom I had often
2 talked in his office, who knew those people, I was
3 asking myself how could he do that? If he had saved
4 a single one, I would be supporting him today. I have
5 heard that the man who saved me is an indictee. If
6 I was in court I would testify in such a way to beg the
7 court to forgive him. If Mr. Slavko had saved a single
8 man, I would appeal to the court to forgive
9 Mr. Dokmanovic, to pardon him.
10 Q. Did you know somebody called Vodicka? He was
11 a vet.
12 A. Yes, I did.
13 Q. Well, he saved him from Ilok.
14 A. From Ovcara?
15 Q. No, from Ilok.
16 A. But we are talking about Ovcara.
17 Q. You have your views, I have mine. Did you see
18 Professor Licina there?
19 A. Yes, he was in the convoy.
20 Q. In the bus?
21 A. Yes.
22 Q. Did you see him at Ovcara? When they were
23 saved and taken off the bus?
24 A. No.
25 Q. Did you see him in the bus, perhaps?
Page 930
1 A. I was informed, I was informed that he was
2 taken out of the bus at the barracks. You see, when we
3 are recounting these things in the camp and elsewhere,
4 he was apparently taken out in the barracks.
5 Q. Was Mr. Berghofer in the same bus with you or
6 not?
7 A. Yes.
8 Q. Do you know where he was sitting?
9 A. In front of me, maybe two rows in front of
10 me.
11 Q. How did you get off the bus when you reached
12 Ovcara?
13 A. Through the door.
14 Q. I mean how, one by one or altogether?
15 A. One by one. I will try to explain it a bit
16 more precisely to you, if you wish.
17 Q. In your statement, in your first statement
18 you said that you were on the bus, and that you were
19 sitting at the beginning of the first third of the bus,
20 that next to you was a certain Papp.
21 A. Tomislav Papp.
22 Q. Yes. And a Josip Adzak and that you did not
23 know anyone else on that bus.
24 A. You see, I have known Berghofer for twenty or
25 thirty years, you know.
Page 931
1 Q. I believe you, but you said that you did not
2 know anyone.
3 A. Sir, at that point, with that kind of
4 surprise, I mean you would not have recognised me after
5 half an hour.
6 Q. I do not know what I would have done, I was
7 not in your place. But you made a statement saying
8 that you did not see other people. Now you say that
9 Berghofer was with you.
10 A. How could I say that I did not see anyone,
11 there was a bus full of people.
12 Q. I said that you did not recognise anyone and
13 now that you have known Berghofer for twenty years.
14 A. Yes, I do.
15 Q. Then how come you did not recognise him?
16 A. But I did recognise him. What was I suppose
17 to do? Give everybody's name who I recognised?
18 Q. No.
19 A. Sir, there is also a recollection that comes
20 afterwards. You know you reconstruct a picture in your
21 mind, often, when necessary, and due to reality,
22 reality, I talked about reality.
23 Q. I forgot to ask you something. When you were
24 taken out of the hospital, what were the buses like?
25 A. They belonged to Cazmatrans and also to the
Page 932
1 City Public Transportation Company.
2 Q. Vukovar's plates?
3 A. Yes.
4 Q. What colour?
5 A. Well, they were red, red. I do not know
6 whether they had that line on it, you know, their buses
7 have that line on it.
8 Q. I understood you, yes. Red, and they had
9 Vukovar licence plates. They were not with Zrenjanin
10 licence plates and Skoplje licence plates, for example?
11 A. No. As far as I could see.
12 Q. They were not olive green, grey, but they
13 were normal city buses, right?
14 A. I told you.
15 Q. Thank you. That is a small thing which seems
16 to be controversial. When you were going from the
17 hospital towards the military barracks, did you go
18 directly or did you go via Velepromet or did you pass
19 by Velepromet, because Velepromet is behind.
20 A. No, we did not. My bus did not.
21 Q. I am asking you about your bus.
22 You had a watch on you when you were in
23 Ovcara?
24 A. I did, but it did not occur to me to check
25 what the time was.
Page 933
1 Q. All right. That is understandable.
2 One more question. You mentioned a certain
3 name, Golac. Was that Ivan Golac?
4 A. Yes. There is also a person called
5 Krunoslav. They are two brothers, you know.
6 Q. This is my last question. You said that
7 Mr. Dokmanovic had the insignia of the JNA lieutenant
8 colonel. In a statement of yours you said that perhaps
9 he was a reservist and perhaps he was an active
10 officer, right?
11 A. They all wore the same uniforms, the reserve
12 and the active officers.
13 MR. FILA: Thank you. That will be all.
14 JUDGE CASSESE: Thank you, Mr. Fila.
15 Mr. Williamson, would you like to re-examine the
16 witness?
17 MR. WILLIAMSON: Just a couple of questions,
18 your Honour.
19 JUDGE CASSESE: Thank you.
20 Re-examined by MR. WILLIAMSON
21 Q. Mr. Cakalic, how did you recognise
22 Mr. Dokmanovic at Ovcara?
23 A. I have known Mr. Dokmanovic for over fifteen
24 years, for sure. And I shall probably recognise him
25 within ten years' time if we are both still alive by
Page 934
1 then if we get to see each other.
2 Q. Did you recognise him because of seeing his
3 face or because of the clothing he was wearing?
4 A. His clothing even surprised me. I recognised
5 him by his face.
6 MR. WILLIAMSON: Thank you. I have no further
7 questions.
8 JUDGE CASSESE: Okay. Thank you.
9 JUDGE MAY: Mr. Cakalic, would you help me
10 with this? You say that you worked, is it right, in the
11 same institution as Mr. Dokmanovic? Which institution
12 was that?
13 A. That is the municipal assembly of Vukovar in
14 the administration. The administration consisted of
15 a few departments for social services, health, culture,
16 finance, et cetera. Those are two buildings. They are
17 within the same compound. Mr. Dokmanovic worked as
18 a councillor to the president of the committee for
19 agriculture.
20 JUDGE MAY: Was that in the same building as
21 you worked or another one?
22 A. I used to work in that building, but after
23 that the committee for social services and the
24 magistrate judge's court were in the compound elsewhere.
25 JUDGE MAY: During the time that you and he
Page 935
1 worked in the same institution, on average, about how
2 often did you used to meet him?
3 A. An agricultural inspector shared his office
4 with him and I would often come by Mr. Res, the
5 inspector, to see him, because we had assignments that
6 involved both of us and then I would see Mr. Dokmanovic
7 and we would say, "hello", to each other, we would
8 exchange a word or two, and that was about it. Whether
9 it was once a week or once in a fortnight, I really
10 could not answer that now, but it was rather often.
11 JUDGE MAY: And during that time you would
12 have conversations with him?
13 A. We would have conversations. We would shake
14 hands.
15 JUDGE MAY: And did you know him by his
16 first name?
17 A. Yes.
18 JUDGE MAY: And he knew you by your first
19 name?
20 A. Sure he did.
21 JUDGE MAY: Now, turning to the time at
22 Ovcara, I know you find it difficult to give times,
23 definite times, but I just want to be sure about this;
24 can you help us, for what length of time, while you
25 were at Ovcara, did you have Mr. Dokmanovic under your
Page 936
1 observation? Can you give an answer or not?
2 A. I observed him when he said my name, that is
3 to say upon entering the hangar. Then I was beaten up
4 there. I do not know how long that lasted but I was
5 beaten a lot, you know? They hit me on the head and
6 I would fall and I would get on my feet again and at
7 one point in time when I entered the hangar I saw him
8 beating our wounded. He was among these wounded and
9 Dado Dukic was one of the wounded and I was very good
10 friends with Dado Dukic and I was a friend of the
11 family, I was friends with his father, Dado Dukic's
12 father, and I was so shaken, so moved by that. Why did
13 not I write this in the statement? I do not know.
14 Perhaps I did not feel it was necessary to give the
15 names of the wounded who were beaten. I said it in the
16 plural, "he beat the wounded".
17 JUDGE MAY: Yes, you mentioned that, but
18 again, can you give us an estimate of time or not, that
19 you had him under observation?
20 A. Two minutes, perhaps. Five minutes. It is
21 hard for me to tell.
22 JUDGE MAY: Yes. Well, thank you.
23 A. I cannot tell you, sir.
24 JUDGE MAY: The final question, which maybe
25 the counsel can deal with better than the witness, what
Page 937
1 is a Tito cap? Mr. Fila, can you answer, or
2 Mr. Williamson? Is it a side cap?
3 MR. WILLIAMSON: Your Honour, it is
4 a four-edge cap, I believe. It is one of the narrow
5 things that comes to a point, if you follow me, I know
6 my hand signals may not be very illuminating.
7 JUDGE MAY: Is it easier to demonstrate than
8 to describe?
9 MR. WILLIAMSON: Yes, sir.
10 MR. FILA: In your army, in the British army,
11 they also had such caps. It goes this way, except that
12 it was grey and it has a red five-pointed star in
13 front. All armies have it. If you look at the videotape
14 of the Prosecutor you will see Sljivancanin wearing
15 one. That is it.
16 A. Can I explain what a Tito cap is?
17 JUDGE CASSESE: I have a few questions. But
18 first of all, do you think you could explain to us
19 what, in fact, were the functions of the president of
20 the Vukovar municipality assembly? It was not the legal
21 structure -- not from a legal viewpoint, but in
22 fact, judging from everyday life. I mean, what were
23 the main functions of the president of the Vukovar
24 municipality assembly?
25 A. The president of the municipal assembly of
Page 938
1 Vukovar is the highest organ in charge of the assembly.
2 The assembly had very important functions; to work out
3 the budget, to allocate it, to discuss the budget, to
4 carry out various political functions. Also, to
5 supervise all the individual departments and
6 authorities. Although there was a head of every
7 department, the president of the municipal assembly had
8 to make sure that all the authorities functioned
9 properly. He had the right to call me as the sanitary
10 inspector to present a report to the assembly, to give
11 certain segments. Very often I would attend sessions of
12 the municipal assembly in order to explain certain
13 health services or certain urban activities in the
14 territory of the municipality of Vukovar. I do not know
15 if you are happy with the answer.
16 JUDGE CASSESE: Yes. May I ask you
17 a question? For instance, I assume that there was
18 a municipal police. Was there any police, local police,
19 and who was in command of this police? Who used to
20 issue, who was entitled to issue orders to the
21 municipal police? The president of the municipal
22 assembly or somebody else?
23 A. The police had their own chief of police.
24 And all the chiefs of the different administrations,
25 the different agencies, were accountable to the
Page 939
1 president of the assembly and to the assembly. The
2 president of the assembly had the right and duty to ask
3 every one of them to report to him on the situation in
4 his particular part of the administration, his agency.
5 The president of the assembly could also
6 order certain measures to be taken. He could order
7 mobilisation, and other things.
8 JUDGE CASSESE: Thank you. Now, you said that
9 between June and November 1991 Mr. Dokmanovic did not
10 exercise the functions of the Vukovar municipal
11 assembly. He was replaced by somebody else and you
12 named his -- it was his deputy who replaced him, and he
13 was a Croat.
14 Now, do you know what role he was playing in
15 this period, between June and November 1991, or what
16 functions he was exercising outside his job, his
17 profession? Mr. Dokmanovic?
18 A. Dokmanovic?
19 JUDGE CASSESE: Yes.
20 A. I do not know what other functions he had in
21 addition to the office of the president of the
22 municipal assembly, in the SDP, in the political party
23 he belonged to. I do not know what other offices he
24 held, but the office of the president of a municipal
25 assembly is the uppermost office, the uppermost post in
Page 940
1 this territory, comprising some 80,000 people. He had
2 a lot of work to do as president of the assembly.
3 For example, the sanitary inspectorate in
4 charge of preventative medicine and health care, we
5 were very actively involved in the waterworks system.
6 We had 21 villages and all villages apart from one had
7 a waterworks system. The president of the municipal
8 assembly had a very important function in this respect.
9 He was supposed to go to various local meetings
10 and explain on his own or together with someone else
11 that it was necessary to build this waterworks system.
12 That is one of the examples I am giving you.
13 JUDGE CASSESE: Yes, but sorry, I apologise
14 again for coming back again to my question, but
15 I understand from what you said before that between
16 June and November 1991 he did not in fact exercise
17 those functions because he was replaced by Marin Vilic
18 who was actually acting as the president of the
19 municipal assembly of Vukovar in that period, so my
20 question was, do you know whether he had any other
21 function either in Vukovar or elsewhere, in addition to
22 his job, I mean, his normal profession. Did you know
23 whether he was playing any role, political, military,
24 or whatever?
25 A. I do not know exactly when the government of
Page 941
1 the Republic of Croatia relieved Mr. Dokmanovic of his
2 duty as president of the municipal assembly, but
3 Mr. Dokmanovic probably held a certain office in the
4 Serb National Council. This was on television once. It
5 was broadcast on television, representatives of this
6 council, and there are also books about that. They were
7 written in the Cyrillic alphabet.
8 JUDGE CASSESE: Thank you.
9 A. I do not know the name of this book, the
10 title of this book, but I know that I read about it
11 somewhere.
12 JUDGE CASSESE: Thank you. I have a few
13 questions about what happened in the hangar: now, in
14 your supplementary statement, made on 18th June 1995 --
15 sorry, 21st April 1996, sorry -- you said that, and
16 I quote:
17 "The investigator...[the Tribunal's
18 investigator]... showed me a number of photographs and
19 I recognised Slavko Dokmanovic on the photographs L and
20 M on the set number 2 and on those photos he appears
21 wearing camouflage uniform different from the one he
22 wore at Ovcara."
23 Now, could you tell us what sort of
24 difference existed between the two uniforms, the one he
25 was wearing in the picture and the
Page 942
1 one he was wearing at Ovcara?
2 A. At Ovcara he had the one I described a few
3 minutes ago, and on the pictures he had a camouflage
4 uniform.
5 JUDGE CASSESE: Thank you. Now, when you were
6 in the hangar, did you have the impression that
7 Mr. Dokmanovic was wielding any sort of authority inside
8 the hangar, that is towards the people who were --
9 you call them Chetniks or soldiers, JNA soldiers, the
10 people who were, according to your allegations, beating
11 up various civilians. Did you feel that he was in a way
12 above the other ones, that he was issuing instructions
13 or giving orders or saying something which showed
14 probably that he had some sort of authority, or was he
15 on the same footing, as it were, as the other ones,
16 either Chetniks or, to use your language, the JNA
17 soldiers?
18 A. I would not call Mr. Dokmanovic a Chetnik.
19 I do not think that he came there with some kind of
20 authority to issue some kind of orders or something.
21 I think that he came there at his own initiative.
22 JUDGE CASSESE: Yes, all right, but I mean,
23 how did he behave vis-à-vis the other ones who were
24 there in the hangar, and who, according to you, were
25 beating up the civilians? Did you get the impression --
Page 943
1 I am sorry, you probably are a bit tired. Do you want
2 to have some rest now?
3 A. No, no, I am not tired. I am emotional, you
4 know.
5 JUDGE CASSESE: I do appreciate that.
6 A. I am sorry, could you please repeat your
7 question? Please.
8 JUDGE CASSESE: Yes, but I will not insist,
9 if you feel that you are emotionally involved.
10 A. I can calm down. I can calm down.
11 JUDGE CASSESE: What I meant to say, is to
12 ask you whether you felt, on that particular occasion
13 that he was not as the other ones, but he was more --
14 he had more authority, greater authority, that he was
15 above, as it were, the other ones, that he was in a way
16 respected by the other people, who were there
17 beating up civilians.
18 A. No, sir. I was the first to respect him. I do
19 not know if other people respected him, but I did not
20 have the impression that he was the leader there, that
21 he was in charge there.
22 JUDGE CASSESE: Thank you. Now, again, while
23 you were in the hangar, did you see anybody beat to
24 death the civilians taken to Ovcara? You said they beat
25 up a few people, including some wounded. Did you see
Page 944
1 whether somebody was beaten to death?
2 A. Yes. Samardzic Damjan and a person called
3 Kemo Kemal were killed at Ovcara right next to me. They
4 were two or three metres away from me. I saw Bulic
5 Milos killing Damjan Samardzic. I saw him kill him.
6 I was not in a situation to ascertain all the signs of
7 death but judging by what I could see from a distance,
8 he was no longer breathing.
9 Also Kemal.
10 JUDGE CASSESE: Thank you. My last question
11 is about the general situation, before and after
12 Ovcara. So you said before that you -- those days you
13 came in contact, as it were, with, let us say, two
14 categories of people; Chetniks or, say, paramilitary
15 people, and members of the JNA. Officers or soldiers.
16 Now, do you feel that, or did you feel that one group
17 was in a way issuing instructions, giving instructions
18 to the other group, say that the Chetniks were
19 controlling the other group, or vice versa, or were
20 they, again, on the same footing, acting independently
21 of each other. Who was in command of the situation?
22 A. I understand. The Yugoslav People's Army was
23 the regular army of Yugoslavia. They had their ethics,
24 and I imagine that many of them acted ethically.
25 However, there was also a different situation there,
Page 945
1 that the JNA army came, and moved on further from that
2 terrain and then the Chetniks came in immediately, and
3 there may be a doubt, in respect of that, namely that
4 it was agreed upon beforehand.
5 I did not answer your question fully yet.
6 I did not see officers of the Yugoslav army who were
7 beating people up, but I saw members of the police of
8 the Yugoslav army beating us at the military barracks
9 when we returned from Ovcara. That is to say, that from
10 Ovcara we went to Velepromet and then to Modateks and
11 then back to the room of death and from the room of
12 death under the leadership of a captain to the military
13 barracks again, and then from the military barracks to
14 Mitrovica.
15 I did not see a single officer of the
16 Yugoslav army beating someone, with the exception of
17 Mr. Dokmanovic.
18 JUDGE CASSESE: Sorry, if you do not mind me,
19 asking you another question? I am sorry, I see that you
20 are a bit tired.
21 A. Please do.
22 JUDGE CASSESE: At one point in your
23 statement you said that you were saved. You were saved
24 by Stevan Zoric, called Cevo? Is it correct? Yes. You
25 say, "I was saved by a man whose name was Stevan Zoric
Page 946
1 called Cevo who remembered that I had done him a favour
2 before the war".
3 What do you mean by, "saving"? He took you
4 out, but from what did he save you and do you think he
5 was aware of the action he was carrying out, namely
6 that he was singling you out and asking you to come out
7 and be separated from the other ones?
8 A. Yes. At the first moment I did not recognise
9 Mr. Cevo, until he explained, and then my mind started
10 working, and I had done something for him which
11 a colleague of mine had not done, and I imagined he
12 needed this quickly. Perhaps it was a paper, a document
13 that he needed for certain purposes. Mr. Cevo saved me,
14 and had he not saved me I would not be here today.
15 Every one of the seven of us who were saved at Ovcara,
16 we all had our saviours, Ivankovic, called Joe. He
17 saved Berghofer, I think, and he saved...
18 JUDGE CASSESE: Do not worry. It is not
19 important.
20 A. All right. He saved at least two more people,
21 and I am sure that they would have lost their lives
22 otherwise. So we all had our respective saviours.
23 JUDGE CASSESE: Thank you so much Mr. Cakalic.
24 I am very grateful to you for answering my questions.
25 I wonder whether there are any further questions or...
Page 947
1 MR. WILLIAMSON: Your Honour, we have no
2 further questions. We would, however, ask that he not
3 be released completely yet, although we certainly want
4 no restrictions put on his travel.
5 JUDGE CASSESE: Mr. Fila?
6 MR. FILA: I know that I am not entitled to
7 further questions, but with your permission, can we
8 identify this person Stevan Zoric? Perhaps it would be
9 interesting. Was his nickname Cevo?
10 A. Yes, Cevo was his nickname.
11 Q. Perhaps does he come from Montenegro, from
12 Cev?
13 A. No, no, sir. It is some kind of abbreviation.
14 Perhaps you also had a nickname, perhaps you had
15 a friend with some kind of nickname that you cannot
16 really trace back, so I hardly ever called him Cevo,
17 but in the statement I also gave his nickname, Cevo.
18 I mean, he really deserves to have his full name stated
19 in respect of me. I heard that he was killed in
20 a traffic accident.
21 MR. FILA: Thank you, and I apologise.
22 JUDGE CASSESE: Thank you. So Mr. Cakalic,
23 thank you very much for coming here to testify. You may
24 now leave the courtroom, and you shall remain here in the
25 area.
Page 948
1 (The witness withdrew)
2 MR. WILLIAMSON: Your Honour, I understand
3 that the next witness has requested voice alteration
4 and so I believe we are going to have to take a brief
5 recess in order to implement that.
6 JUDGE CASSESE: All right, so we will have
7 now -- how long do we need? Ten minutes? Fifteen?
8 Yes. We stand in recess for
9 fifteen minutes.
10 (3.30 pm)
11 (A short break)
12 (3.45 pm)
13 (The witness entered court)
14 JUDGE CASSESE: Yes, Mr. Niemann.
15 MR. NIEMANN: If your Honour pleases, the next
16 witness wishes to be referred to with a pseudonym, and
17 to have the image of his face distorted, and his voice.
18 Might he be referred to as, "Witness B"?
19 JUDGE CASSESE: Yes. I would like to ask you
20 to make the solemn declaration.
21 WITNESS B (sworn)
22 JUDGE CASSESE: You may be seated.
23 Examined by MR. NIEMANN
24 Q. Witness, throughout the course of your
25 testimony, we will refer to you by the pseudonym,
Page 949
1 "Witness B". Do you understand?
2 A. Yes.
3 Q. I would like you to now look at the piece of
4 paper that you are now shown and can you answer, "yes",
5 or, "no", whether that is your correct name.
6 A. Yes.
7 MR. NIEMANN: And could that be shown to
8 Mr. Fila? I seek to tender that, your Honour, as the
9 next exhibit number in order, and might it be tendered
10 under seal?
11 THE REGISTRAR: Exhibit number 54.
12 MR. NIEMANN: Witness B, did you on 14th June
13 1995 provide a statement to an investigator of the
14 Office of the Prosecutor of the International Tribunal,
15 Mr. Dennis Milner, in relation to events that occurred
16 to you in 1991 at Vukovar and elsewhere?
17 A. Yes.
18 Q. And was that statement taken down in the
19 English language and was there an interpreter present,
20 and did the interpreter read the statement to you in
21 your own language, the Croatian language, and did you
22 then proceed to sign each page of the statement?
23 A. Yes.
24 Q. And would you now look at the document I now
25 hand you, the document that is appearing in the English
Page 950
1 language, and... thank you. There is a translation of
2 that. Perhaps that could be also allocated a number.
3 Do you see the document in the English
4 language? At the foot of each page of that document
5 does your signature appear?
6 A. Yes.
7 MR. NIEMANN: I tender that if your Honours
8 please, and might it be allocated the next number in
9 order and the translation as A?
10 THE REGISTRAR: Yes. That will be exhibit
11 number 55 and the translation, 55A.
12 JUDGE CASSESE: And I assume there is no
13 objection from Mr. Fila. Thank you.
14 MR. NIEMANN: Witness B, again, on
15 14th September 1995, was a further interview conducted
16 with you by Mr. Dennis Milner and was a much shorter
17 statement taken from you on that occasion by Mr. Milner
18 and, again, was that statement reduced into writing in
19 the English language and translated to you in the
20 Croatian language?
21 A. Yes.
22 MR. NIEMANN: Would you now look at the
23 document that I show you, please?
24 Your Honours, we do not have a translation of
25 this into the Croatian language at this stage, but
Page 951
1 I can undertake to provide that.
2 JUDGE CASSESE: Mr. Niemann, was this document
3 provided to us? I do not think so.
4 MR. NIEMANN: Apparently not to your Honours,
5 but it was disclosed to the Defence. But I can have
6 extra copies made for your Honours. It is a very short
7 one-page document.
8 JUDGE CASSESE: Maybe later on.
9 MR. FILA: I have not received it in Croatian.
10 MR. NIEMANN: No, I understand that.
11 Does your signature appear at the foot that
12 have document?
13 A. Yes.
14 MR. NIEMANN: I tender that statement, your
15 Honours. And I have here three copies for your Honours.
16 THE REGISTRAR: Marked as Exhibit 56.
17 MR. NIEMANN: Witness B, where were you born?
18 A. I was born in Vukovar.
19 Q. And did you spend the most part of your life
20 in Vukovar?
21 A. Yes. All my life, until I was exiled.
22 Q. Did you attend your schooling? Where did you
23 attend your schooling?
24 A. I attended schooling in Vukovar. I graduated
25 from the High School of Economics in Vukovar.
Page 952
1 Q. And after you had completed your schooling,
2 what did you work at? What was your work?
3 A. I worked briefly in the Borovo estate, and
4 then I spent my whole career in Tranzjukrajke, the
5 branch office in Vukovar.
6 Q. And what was the nature of the business
7 carried out by that firm?
8 A. It was an international transporter and
9 carrier including exports and imports; in brief,
10 international transportation.
11 Q. Now, did you live with your family in the
12 city of Vukovar, prior to 1991?
13 A. Yes, I did.
14 Q. When did you do your military service?
15 A. In 1984, 1985.
16 Q. And did you then attend a specialist course
17 for officers?
18 A. Yes. I attended special training course, and
19 I spent a while in Pivka.
20 Q. And did you specialise in any particular part
21 of military activity?
22 A. Yes. The engineers, my speciality was pioneer
23 engineers, which means fortification and mine-laying.
24 Q. Now, if I may, I would like to take you to
25 the commencement of military hostilities in the Vukovar
Page 953
1 region. Were you in Vukovar during the middle part and
2 latter part of 1991?
3 A. I was.
4 Q. And can you -- during the summer of 1991 can
5 you describe how circumstances changed in Vukovar in
6 relation to the way of life and the military activity?
7 A. It is rather difficult to explain everything
8 that happened, but obviously it is important from the
9 present standpoint. The events in Vukovar on 2nd May
10 totally transformed the situation in the Vukovar
11 region, reflecting what was happening throughout the
12 former Yugoslavia, including Slovenia and Croatia.
13 In any event, with every passing day it
14 became more and more difficult, or rather everything
15 was pointing in the direction of a conflict.
16 Q. Now, around about the 7th August did your
17 wife and children leave the Vukovar region?
18 A. Yes. They went for so-called, a holiday, or
19 rather they were moved to the seaside for a period of
20 three weeks.
21 Q. But did you stay on in Vukovar during this
22 time?
23 A. Yes. I stayed, and I continued working on my
24 house that was still under construction.
25 Q. Now, in September of 1991 did you take steps
Page 954
1 to participate in the defence of Vukovar?
2 A. Yes.
3 Q. What did you do?
4 A. I was called to the municipal assembly
5 building, and I attended a gathering to which the
6 selection was made and appointments issued as to the
7 assignments that would be allotted to people in the
8 defence of Vukovar.
9 Q. And who did you report to when you went to
10 the municipal assembly building? Who did you go and
11 see?
12 A. I saw the younger Jastreb, Borkovic Branko,
13 who convened the meeting on authority from Mr. Dedakovic
14 and then secretary of national defence, Rehak Daniel.
15 Q. Now, these gentlemen whose names you have
16 just given, were they military gentlemen or were they
17 civilian?
18 A. Mr. Borkovic was a military person. Mr. Rehak
19 was the secretary of national defence, municipality.
20 Q. And dealing with the secretary of defence,
21 was he related -- was he connected to the municipal
22 authority, municipal government, or was he connected to
23 the republican government in Zagreb, if you know the
24 answer to that.
25 A. Probably he was connected to both. To both
Page 955
1 levels of authority.
2 Q. And what military organisation was it that
3 these gentlemen were associated with?
4 A. The military organisation was called the
5 Assembly of People's Guards.
6 (4.00 pm)
7 Q. And was that the forerunner of a particular
8 military organisation that you can now describe?
9 A. Briefly put, it was a part of the Croatian
10 army, or the then Croatian army.
11 Q. Now, when you went to the town hall and you
12 discussed this meeting that was taking place, were you
13 assigned any particular duties or tasks?
14 A. Yes. I was assigned command of the engineers
15 unit as part of the defence of the town of Vukovar.
16 Q. And were you to have any rank?
17 A. No. I had a rank from before, from the former
18 army, but there was no time or any particular need for
19 ranks in those days.
20 Q. Were you to be referred to as, "commander",
21 or how were you to be referred to by other members of
22 this military organisation of Croatia?
23 A. They called me, "commander". It was a basic
24 army unit. A commander and the soldiers.
25 Q. And did you have any subordinates?
Page 956
1 A. I did have subordinates.
2 Q. And how many subordinates did you have?
3 A. Shall we say eight, though the number
4 changed, depending on the circumstances.
5 Q. And were you assigned any particular task as
6 such?
7 A. Yes. My task was to lay mines where it was
8 necessary under the direct command of Jastreb, Mile
9 Dedakovic, or a young Jastreb or "Hawk", Branko
10 Borkovic.
11 Q. Were you to wear uniforms?
12 A. I personally did not have time to sign up for
13 a uniform because there was a shortage. The town was
14 under occupation, and the remaining clothing that we
15 had was saved for the killed officers and men, so all
16 we had was military boots and we had HV insignia, or
17 rather National Guards Corps insignia.
18 Q. Where was this insignia worn?
19 A. Usually it was worn on the shoulder, on the
20 shoulder, but in view of the circumstances we wore them
21 wherever possible, wherever we could sew them on. It
22 was not ruled as to where we should wear them.
23 Q. And were you issued with any weapons?
24 A. I was supposed to get a weapon, but I was not
25 issued one, at that point in time.
Page 957
1 Q. Now, after you joined up in September, and
2 during the period of September through October of 1991,
3 where were you actually located, and what were you
4 doing? What was the task that you were performing?
5 A. We were accommodated in the former School for
6 Apprentices in the basement, and we carried out our
7 tasks of mining and fortification building, depending
8 on the decision of our superior commander, or Jastreb.
9 And within the scope of the defence of the city.
10 Q. Now, from who did you take your orders? Who
11 did you directly take your orders from?
12 A. I said directly from Jastreb, "the Hawk".
13 Q. And do you know who his superior was?
14 A. I do not know directly, but I can assume it
15 was either Mr. Tudjman or someone else from the top
16 leadership.
17 Q. And when you say, "Mr. Tudjman", are you
18 referring to President Tudjman of Croatia?
19 A. Yes, the supreme commander.
20 Q. Now, in terms of carrying out your military
21 tasks, can you describe the circumstances and what the
22 conditions were like during the period September,
23 October, through to November?
24 A. I can say that the psychological and physical
25 conditions were extremely difficult, and it was all
Page 958
1 a matter of survival. It was very difficult, and one
2 never knew what the next day would bring. This went on
3 from day to day.
4 Q. Did all the citizens of Vukovar remain in
5 Vukovar or did some leave during the course of the
6 siege?
7 A. It is a difficult question to answer. Many
8 citizens left the city. Some were coming back, and this
9 was a daily occurrence while it was possible to come
10 and go from Vukovar.
11 Q. Did there reach a stage in November when it
12 became obvious that the further defence of the city
13 would become impossible?
14 A. It seemed to be that every day, though we
15 kept fighting for as long as it was possible, or rather
16 for as long as our command insisted on it.
17 Q. And how long was that for?
18 A. Until mid-November.
19 Q. And what happened in mid-November?
20 A. As I have mentioned, because many of the
21 defence lines had given in under pressure of a superior
22 force or they had to retreat, or were being destroyed;
23 first a part of Borovo Naselje was cut off. Actually
24 the defence was cut after which it collapsed , or
25 rather the territorial links between various parts of
Page 959
1 the city were lost. After that, the headquarters was no
2 longer in place.
3 Q. Did the headquarters of the military
4 forces just break up or did they disband and leave
5 Vukovar, do you know? Or maybe you do not know.
6 A. It is difficult for me to explain even today.
7 I do not know because simply when I came on that last
8 day or rather one day in mid-November when I went to
9 headquarters, there was no one there except for certain
10 individuals who had sort of got lost.
11 Q. So what did you do when confronted with this
12 situation?
13 A. Confronted with this situation, I returned to
14 my men. I sort of disorganised them, or rather I told
15 them what had happened, and I told them to head towards
16 Vinkovci towards, freedom whereas I myself returned
17 home to my parents.
18 Q. And you mentioned mid-November. About what
19 date was this? Do you know?
20 A. Probably 15th or 16th November. I cannot give
21 the precise date, because in that, those hellish
22 conditions it was impossible to keep track of time and
23 the hours.
24 Q. And where were your parents at the time?
25 A. My parents were in my house, in the basement
Page 960
1 of my house.
2 Q. And how long did you stay in the basement of
3 your house with your parents?
4 A. I said, before that, when I had joined the
5 defence, so I was there until September. After the
6 middle of September, I stayed with my parents.
7 Q. September or November?
8 A. September. September.
9 Q. Okay. Well, I think that you told us a moment
10 ago that the continuation of the defence of Vukovar
11 ceased to be practical after about the middle of
12 November. Is that right?
13 A. Not that there was no sense, but we were
14 simply disorganised. We lost our military structure.
15 Q. What did you do from the middle of
16 November onwards? What did you then do?
17 A. I said, I returned home to my parents, and
18 after that talking to them, they were probably
19 listening to the radio or they simply heard the rumour
20 that the evacuation of the citizens was being prepared
21 within the hospital grounds.
22 Q. And did you know when this was to occur? Did
23 you hear when this was to take place, this evacuation?
24 A. Not exactly. It was not stated with
25 precision, but the word was that we should go to the
Page 961
1 hospital in the morning, so we were told that we should
2 go to the hospital in the morning.
3 Q. And, do you know the morning of what day?
4 A. I am confident it was 18th November, maybe
5 19th. I am not -- I was not quite sure of the date at
6 the time.
7 Q. And did you, in fact, go to the hospital on
8 that date?
9 A. Yes. I went there with my parents.
10 Q. Now, when you arrived at the hospital, what
11 did you see?
12 A. I saw a large number of people who had
13 congregated in the immediate environs of the hospital,
14 between the old and new wing, and of course I visited
15 my wounded men within the hospital compound who were
16 being treated there.
17 Q. And are these men that had served with you
18 during the siege of Vukovar?
19 A. Yes. They were the men who were with me in
20 the unit.
21 Q. And are there any of those men's names that
22 you can now recall?
23 A. I do, yes. Of course. They were my comrades
24 in arms.
25 Q. Well, can you tell us their names?
Page 962
1 A. I can, if necessary. Darko Kalizan...
2 Q. Now, when you went there, apart from visiting
3 your men, what else did you do? What did you then do?
4 A. I registered upon my father's insistence --
5 as I had been wounded several times, I was entered in
6 the list of members, the list of the wounded that was
7 being compiled by Dr. Jozo Tomic.
8 Q. And after you had registered with Dr. Tomic,
9 what was the next thing that happened?
10 A. After that, I went outside within the
11 hospital grounds and I stayed there for a while with my
12 parents, and then some military or paramilitary forces
13 came from the city centre, specifically a major of the
14 former JNA in an armoured vehicle with several
15 members of his unit, shall we call that. They entered
16 the hospital grounds through the main gate and this
17 gentleman, this major, established the security of the
18 facility. After that, I withdrew. I stayed for a little
19 while outside and after that I went downstairs to the
20 basement visiting other members, like Radovan Ilisin
21 and some others, and that is where I was when night
22 fell. I spent the night on the first or maybe even the
23 second floor of the hospital, which was partly
24 destroyed and the next morning we were called out with
25 shouts and we were forced out through the emergency
Page 963
1 door, that is the gynaecology ward where the wounded and
2 injured people would be brought.
3 Q. And who issued these orders and ordered you
4 to go out?
5 A. Some people. I do not know. I cannot tell you
6 who it was, but the message was passed on and there
7 were shouts, and these people were passing by and
8 conveying the message that whoever could walk, who were
9 mobile, should go outside.
10 Q. Was this members of the medical staff of the
11 hospital or was it part of the Croatian defence forces
12 or was it somebody else?
13 A. No, no. No, no. Those were people who had
14 come from the outside. In semi civilian clothes or with
15 parts of military equipment on them, but it is
16 difficult for me to answer your question now, directly.
17 Q. Yes. I do not want you to tell me necessarily
18 who they were, but did you associate them with the
19 Croatian side or the Serbian side?
20 A. Shall we say the Serbian? It certainly was
21 not the Croatian side.
22 Q. And when you left the building, what
23 happened? What was the next thing to happen?
24 A. After that, we were lined up in two rows. We
25 were searched, they were looking for weapons or
Page 964
1 grenades or knives, I do not know what else, and after
2 this search we were sent in the direction of
3 Gunduliceva Street, the side entrance and we were
4 boarded onto, or rather we had to get onto the buses
5 that were prepared for that purpose.
6 Q. How many buses were there? Can you remember?
7 A. As far as I can recall, there were three
8 buses.
9 Q. Were these -- do you know -- had you seen
10 these buses before?
11 A. Yes. They are normal buses with 50-60 seats.
12 Q. And do you know what time in the morning this
13 was, approximately, that you boarded the buses?
14 A. It could not have been later than 8 in the
15 morning.
16 Q. And are you able to remember the date that
17 this took place?
18 A. I repeated the date. Probably it was 20th in
19 the morning: I was not sure myself of the dates any
20 more.
21 Q. Now, when you boarded the buses, what was the
22 next thing? What happened then?
23 A. When we got into the buses we were watched by
24 a soldier who had his gun pointed at us, the buses
25 stood there for a while, maybe for half an hour, maybe
Page 965
1 longer, I do not know. I cannot tell.
2 The buses were facing Borovo Naselje, which
3 means in the opposite direction than it was normal in
4 that one-way street.
5 After all those buses had been filled, and
6 after a certain amount of time had elapsed, the buses
7 made a semicircle on the road. They formed a line, and
8 they headed in the direction of the town centre.
9 Q. Now, who were on the buses? Were they only
10 people that had come to the hospital to be evacuated or
11 was it a mixture of people who were patients and
12 otherwise? Are you able to assist us with that?
13 A. It is difficult to answer that question, but
14 those were the people found in the hospital. All those
15 in the hospital grounds, or rather in the hospital
16 building in the basement of the hospital or somewhere
17 like that, who happened to be there at that moment.
18 Whether they were regular patients or occasional
19 patients or civilians it is hard to tell, but probably
20 they were mixed.
21 Q. Were there any guards on these buses?
22 A. Yes, I said that a soldier, shall we call him
23 a soldier, had a weapon pointed at us, a machine-gun
24 ready and he was looking at us with a threatening look.
25 Q. And the soldier that had the machine-gun, was
Page 966
1 he a regular soldier or was he an irregular soldier?
2 A. That can just be an opinion on my part. It is
3 difficult for me to tell you what status he had, but he
4 looked like a person doing his military service,
5 a soldier doing his military service.
6 Q. Now, this is the military service with the
7 JNA.
8 A. Something like that.
9 Q. Now, when the buses turned around and headed
10 towards the centre of Vukovar, can you describe where
11 they went to, please?
12 A. Then we went to the centre and we ended up in
13 the compound of the former barracks, probably it is
14 still the barracks. The only barracks.
15 Q. And by that you mean the JNA barracks?
16 A. Yes. At the fairgrounds.
17 Q. Now, when they arrived at the barracks, what
18 happened then?
19 A. When we arrived at the barracks, this convoy
20 of three buses formed a semicircle in the middle of the
21 compound and since within the compound there were quite
22 a number of people, crowds of people, who were, I do
23 not know how to put it, they were circling around the
24 buses, some of them were threatening, some of them were
25 shouting, all kinds of things were happening, and then
Page 967
1 after some time another two or three buses joined us,
2 coming from the direction of the fairgrounds, or rather
3 the newly-built entrance, and what direction they had
4 come from I do not know. I cannot tell. And we stayed
5 there for quite some time, listening to curses,
6 threats, insults, and after this time period had
7 elapsed or rather two or three hours or maybe more,
8 maybe less, it is difficult to say, the convoy left the
9 barracks, and went out to the main road, and headed
10 towards Negoslavci, out of Vukovar.
11 Before Negoslavci it turned left to a road
12 envisaged for farm work. It was really a short-cut that
13 brought us to the agricultural estate, the co-operative
14 for pig rearing and firms that engaged in other
15 activities as well. We were led to a point in front of
16 the hangar within the area of Ovcara.
17 MR. NIEMANN: Thank you. Now, might the
18 witness be shown Exhibit P20, please?
19 I would like you to look at this exhibit
20 which is -- on the overhead projector if you would for
21 me, please, Witness B -- and I would like you to start
22 with the first photograph, and just going through them
23 photograph one after the other, and if you just say the
24 first photograph, second photograph and third
25 photograph as we go through, can you, with a pointer,
Page 968
1 trace the journey right through to the point where you
2 reach the Ovcara farm? Can you do that for me, please?
3 You will need to -- when you actually
4 explain where you are going and so forth, you will need
5 to speak into your microphone because otherwise your
6 voice will not be picked up, so it is a bit difficult
7 to do both, but I would ask you to bear with us on
8 that.
9 A. We were taken out here. This is the entrance
10 to the surgery ward, and we were lined up in two lines
11 here. We were searched and then we were sent under
12 escort to Gunduliceva Street and we boarded the buses
13 there. (Indicated).
14 Q. The witness is referring to the first
15 photograph in the booklet.
16 A. Can I move on to the other photograph now?
17 Q. Yes.
18 A. The buses were lined up on this side, if you
19 look at it from here, and they were facing the back of
20 this vehicle, that is to say Borovo Naselje. Actually,
21 against traffic rules, because this was a one-way
22 street towards the city. We boarded the buses there,
23 and on this same road the buses made a U-turn and moved
24 in the other direction.
25 Q. The witness is referring to the second
Page 969
1 photograph. Now could you move on to the next
2 photograph?
3 A. This is where the buses were. They made
4 an U-turn, and they started moving towards the centre
5 of town in a convoy, that is to say Gundeliceva, the
6 square of Marko Oreskovic, Bozidara Adzije, down
7 towards Dimitrija Tucovica.
8 The next photograph. Further on Tucovica
9 Street and then to this cross-roads, to the centre and
10 then to the right towards Velepromet, Zmajeva Street,
11 and then further on we cannot see much more, so could
12 we move on to the next photograph?
13 We went back to the street of Bozidara
14 Adzije, across the bridge and towards the centre.
15 As I said, across the bridge and towards the
16 centre. The street of Dimitrija Tucovica, towards the
17 centre, towards the right, towards Zmaj Jove Street and
18 then further up. Towards the next --
19 Q. Witness referring to the sixth photograph,
20 now moving on to the seventh.
21 A. We are still in the centre of town. We are
22 moving to the right, to Zman Jove, that is the name of
23 the street then, I do not know if it is still called
24 that. I am sorry, I am sorry. We are here, this is Zmaj
25 Jove, and then up to Kraseva, towards the fairgrounds.
Page 970
1 Can we move on to the next photograph?
2 Q. Now moving on to the eighth photograph.
3 A. We are still in Zmaj Jove and we are moving
4 further up towards the intersection, towards Kraseva,
5 towards the fairgrounds.
6 Q. The ninth photograph?
7 A. We are still moving towards Kraseva, we are
8 moving further up towards the fairgrounds. We can move
9 on to the next photograph.
10 Q. The tenth photograph.
11 A. We continue along Kraseva and move to the
12 fairgrounds.
13 Q. Eleventh photograph.
14 A. This is an intersection, Kraseva and the
15 street of the fairgrounds. We move further, on to the
16 next photograph.
17 Q. Twelfth photograph.
18 A. This is the intersection. That is the Kraseva
19 and the street of the fairgrounds towards the military
20 barracks.
21 Q. Thirteenth photograph.
22 A. This is the military barracks. We came here
23 from town and we turned to the left. This was the new
24 entrance to the military barracks, and then we made
25 a semicircle and the buses stood here. (Indicates).
Page 971
1 Three of them, and then at least two or three other
2 buses joined the convoy here along this road, and after
3 having joined us and after we stayed there, and were
4 mistreated in different ways and threatened and who
5 knows what else they did, what I did see and what I did
6 not see, then we were driven back to this same entrance
7 or rather exit and then we turned to the left, towards
8 Negoslavci, that is to say out of town in the direction
9 of Negoslavci, the village of Negoslavci.
10 Q. The next photograph? I think we can skip the
11 next two photographs, 14 and 15.
12 The next one? The 16th photograph?
13 A. This is the road that leads out of town and
14 from fairground, and that moves towards the village of
15 Negoslavci.
16 Q. Next photograph? 17?
17 A. This is the way out of Vukovar in the
18 direction of Negoslavci. We turned to the left then.
19 I am not sure whether this is exactly the point where
20 we turned to the left, or whether it was an asphalt
21 road. I had the impression that this is not an asphalt
22 road, but at any rate, we turned to the left and we
23 went further on.
24 Q. 18th photograph, the next one.
25 A. It is the same cross-roads, but I do not have
Page 972
1 the impression that this is the right cross-roads. We
2 turned to the left towards Ovcara either here or a bit
3 further after this.
4 Q. The next photograph, number 19?
5 A. This is probably the direction from which we
6 came, and then we turned to the right, and continued
7 towards the Ovcara farm, most probably.
8 Q. Number 20?
9 A. Continued along this road, in this direction,
10 and then to the left and then again a bit to the left
11 towards the Ovcara farm and then to the right, to the
12 right, to the hangar, to a hangar.
13 Q. Number 21?
14 A. That is it from a different vantage point.
15 This is the road that we took, and the convoy brought
16 us here, and stopped in front of the hangar, and bus
17 after bus was unloaded.
18 Q. Number 22?
19 A. That is to say that we are already in the
20 Ovcara area, and we are moving towards the hangar, and
21 we stopped there by the entrance to the hangar.
22 Q. Thank you. Just leaving that there for the
23 moment, and perhaps the exhibit can be left on the ELMO
24 machine for the time being.
25 Now, Witness B, you said that you arrived at
Page 973
1 the hangar, that you have just pointed to on Exhibit
2 20, and what happened then, once the buses pulled up at
3 that spot, that place?
4 A. What happened? The passengers, so to speak,
5 disembarked, one by one, and they did not really run
6 the gauntlet. You could not see it here yet, but they
7 were grabbing everything away from these people,
8 everything that they had on them, their personal
9 belongings, anything of any value, jackets, whatever.
10 They were grabbing it and then they started mistreating
11 them. People were forced to pile up their personal
12 belongings on a big heap that they had on them at that
13 point, and then they were taken to -- into the hangar
14 itself where they ran the gauntlet. I mean, these
15 people who were there to meet us, they were beating us
16 with batons and all sorts of things they had in their
17 hands. They had shovels, they had iron bars, they had
18 weapons, they used their hands and arms and legs,
19 whatever they could, and after that, as the buses were
20 unloaded, then people disembarked and were in the
21 hangar where the torture continued, and the
22 mistreatment with greater or lesser intensity. They
23 really mistreated some people and other people a bit
24 less but it was hell out there.
25 Q. What bus were you in, in the order? Do you
Page 974
1 remember?
2 A. I think that I was on the third bus, perhaps.
3 Q. And did you have a watch on your possession
4 at the time when you got out of the bus?
5 A. Yes. Yes. Yes, I still had it.
6 Q. And what happened to your watch?
7 A. As I ran the gauntlet it was broken because
8 I had received several blows. My body, my head, and of
9 course my watch could not take all of that. It was
10 broken.
11 Q. Were you hit -- you said, I think, that you
12 were hit on the head. What were you hit on the head
13 with?
14 A. Probably an iron bar, because I received
15 a severe blow and after that there was a big swelling
16 on my head and after that, as I ran the gauntlet, I was
17 hit several times and then I was thrown onto the straw
18 that was in part of the hangar.
19 Q. Who hit you on the head? Did you know? Did
20 you see?
21 A. No. No. There was such a lot of commotion,
22 such a lot of dust, it was impossible to notice anyone
23 in that kind of situation.
24 Q. Did these people appear to you to be regular
25 soldiers or were they paramilitaries, or were you able
Page 975
1 to ascertain that?
2 A. I could only conclude while I was viewing it
3 from the outside, as people before me had to put aside
4 their personal belongings, as they had their things
5 taken away from them, I could see that this was a group
6 of different people. They were wearing different
7 clothes, and it was a mob, to put it mildly. Also, with
8 some insignia of the former JNA.
9 Q. And did you recognise any people in this mob
10 that you saw, that were hitting and beating?
11 A. Yes, yes.
12 Q. And are you able to give the names of any of
13 the people that you saw and recognised?
14 A. With great difficulty. Before I disembarked
15 I saw Dusan Borovac, called Dule, for example. He was
16 a salesperson from Gvozdzara. That is to say, one of
17 the local people who lived in Vukovar. At that point in
18 time I saw him. I can say that with certainty.
19 Q. Now, when you went inside the hangar, and you
20 sat on the hay that you spoke of, were people being
21 beaten in there, inside the hangar?
22 A. I said so, that the terror continued with
23 greater or lesser intensity. 10 or 15 or 20 people were
24 going around in circles and they would question one
25 person and then another person and torture him and beat
Page 976
1 him using all the resources they had available, such
2 as rifles, for example, they would use a rifle butt to
3 hit people. They even had baseball bats. They had some
4 wooden sticks, not to mention that they used their
5 hands and arms and feet and legs, military boots.
6 Dukic Vladimir, called Dado, was heavily
7 wounded in his upper thigh. He had wounds from gunshots
8 and he had crutches and he had a lot of trouble
9 boarding the bus and I do not know how he managed to
10 get there through the hangar. They used his own
11 crutches that he used in order to walk so they were
12 breaking his body with his very own crutches, and as
13 I said, they would perhaps beat the people they knew
14 even more, or the people who said they were not from
15 Vukovar. They were even more cruel and more brutal
16 towards them because they thought that it was none of
17 their business being in Vukovar, and many people were
18 hurt very badly.
19 One of them was very close to me and
20 I imagine that he was killed as a result of the
21 injuries sustained because he was even forced to sing
22 the song "Sindjelic" and other Chetnik songs. As long
23 as he had any breath left he had to sing and they
24 continued beating him and kicking him, I imagine, until
25 he died. His nickname was Kemal. I mean, the victim's
Page 977
1 name was Kemal.
2 Q. And you say you imagine that he died. What do
3 you mean by that? Did he appear to be dead to you or
4 what are you saying?
5 A. After everything, he seemed dead to me. He
6 could not move any more, and I do not know what
7 happened to him afterwards. He was very close to me.
8 Q. After all the buses had emptied out, about
9 how many people could you estimate were in the
10 building?
11 A. It is difficult to estimate and to be sure,
12 but probably it was between 200 and 300.
13 Q. Did anyone in particular appear to be in
14 charge of the persons who were doing the beatings?
15 A. There was a big man in an olive green/grey
16 uniform of the former JNA without any insignia rank. He
17 was a very big man. He wore a moustache and he had
18 a whistle. He used a whistle. He would channel the
19 activities of the others and he would stop them or tell
20 them to continue. I mean, these people who were
21 committing all these atrocities, that is to say that he
22 used a whistle as a means of communication with his
23 subordinates, perhaps that is what we should call them
24 but when they were maltreating people and going around,
25 a few others held automatic rifles pointed at us and
Page 978
1 there was local Vukovar people among them, reservists,
2 most probably.
3 Q. Would you now look at the photograph, the
4 next photograph in the booklet, there, please? On the
5 table beside you? It is Exhibit P20 and the photograph
6 you have to look at is the 23rd photograph.
7 A. Yes.
8 Q. Do you recognise what is shown there?
9 A. Yes. This is the hangar, except that then it
10 was without these vehicles, and it was partly full of
11 straw, and the hangar had a few entrances or exits and
12 this is the main entrance where we ran the gauntlet and
13 where we were beaten up.
14 Q. Can you go on to the next photograph,
15 photograph number 24?
16 A. Well, it is difficult to see where one is
17 from this point. If the entrance is here, it is hard to
18 say now, we ran the gauntlet here and we were thrown
19 into the room at this point. (Indicated).
20 Q. And the next photograph, photograph 25?
21 A. Yes. This is also the hangar. As I said, the
22 hangar has several entrances, so it is difficult for me
23 to orientate myself where the main entrance was. For
24 example, if it was on this side then we ran the
25 gauntlet here. (Indicated).
Page 979
1 Q. Thank you.
2 A. You are welcome.
3 Q. In addition to people being beaten during the
4 period of time that they were there, were -- was there
5 anything else that was happening that you were able to
6 observe?
7 A. A list was made. How should I put this, of
8 all the prisoners, of all the victims. There was
9 a soldier, neat and tidy, in an olive green/grey
10 uniform with a moustache, a short haircut, camouflage
11 uniform, and he made a list of all the detainees, and
12 after a certain period of time dusk had fallen -- night
13 had fallen, most probably, because it was almost winter
14 time, and some generators were turned on, something,
15 that provided electricity, light, from outside. And in
16 the meantime, as I said, they were going in and out,
17 these people who mistreated, abused, and tortured
18 people. And after night fell, after some time, people
19 started going out, 10 or 15. They would say how many
20 people should line up in a queue, and then they were
21 taken out of the hangar area.
22 Q. Who ordered them to line up?
23 A. Well, the soldiers. Those who had weapons.
24 I cannot say exactly who gave the direct order for
25 that, but the soldiers who were there. They lined the
Page 980
1 people up and took them out, so, it happened every 10
2 or 15 minutes, as I said. They were taken out.
3 Q. Now, when the men were taken out, did you
4 hear anything?
5 A. I did not notice it in particular, because
6 there was a lot of noise. There was a truck or
7 a generator that was on, so there was a lot of noise
8 coming in from the outside, so I did not notice
9 anything in particular except for that noise.
10 Q. Now, you say the men were selected in groups
11 of fifteen or maybe more. Was this selection, did it
12 appear to be done on a systematic basis, or was it --
13 were they just sort of selected according to where they
14 were positioned?
15 A. No, it was not systematic, it was purely
16 technical. They went according to the position that
17 people took in the hangar, that is to say they started
18 from the door, mechanically, not selectively, except in
19 terms of numbers, most probably.
20 Q. And where were you positioned in the hangar,
21 in relation to the door, I should say.
22 A. Quite far away, somewhere in the
23 middle. Perhaps third, fourth or fifth group. It is
24 hard to say, but in any event I was not among the first
25 nor among the last.
Page 981
1 Q. Did you recognise or know any of the men that
2 were taken out in these groups?
3 A. Well, it is hard to say. I knew the people
4 right next to me that I really saw, but I cannot really
5 say about the others.
6 Q. Can you say their names, the names of any of
7 the people?
8 A. Those who were closer to me and that
9 I recognised who were there, there was, for instance,
10 Stanko Duvnjak, a policeman in Vukovar, Milan Greza who
11 was a police inspector, Drago Krizan, Vladimir Dukic,
12 Zvonko Jarenica, the young Zambta Slaven, Vukojevic,
13 Damir, who was a driver in the hospital, Kemal, whom
14 I believe they beat to death on the spot. Those are
15 some of the names I can recall now.
16 Q. Did the time come when you were selected to
17 go outside?
18 A. Yes. I said maybe the third, fourth, or even
19 fifth group, so I too was taken out, and boarded onto
20 a military vehicle of about 2 tonnes carrying capacity
21 with a canvas cover, and several of us were loaded on,
22 a certain number. I cannot be sure about the number of
23 people. But some of those people I know, that were
24 around me, such as, for instance, Zeljko Jurela, Mato
25 Perak, whom I knew well from before.
Page 982
1 (5.00 pm)
2 Q. Are you able to assist us by saying
3 approximately how many people were in your group?
4 I know you cannot be precise, but if you could just
5 give us an approximation of the numbers?
6 A. If we say about 10, 10-15. It is really
7 difficult to say, because one could not at that moment
8 focus on numbers and faces, but judging by the size of
9 the truck, one can deduce how many there were roughly
10 because it is a standard military vehicle of about 2
11 tonnes which has a certain capacity as to the number of
12 people that could be loaded on. We were not too
13 crammed, so there were 10-15, I would say.
14 Q. How did you board the truck?
15 A. We boarded it through the middle with the use
16 of folding steps.
17 Q. What were the weather conditions like
18 outside? Can you describe the night?
19 A. It was night, night. But there was a moon so
20 it was not pitch dark. The skies were lighted after
21 all, were lit.
22 Q. When you boarded the truck, was there any
23 soldiers in the back of the truck with you or was it
24 just prisoners in the back?
25 A. No. Just prisoners. After loading us, the
Page 983
1 soldier folded the steps and locked the entry as most
2 of the truck was covered with canvas. And then they got
3 on to the driver's seat next to the drivers.
4 Q. Where were you sitting in the truck when you
5 boarded it?
6 A. I can hardly remember whether I was sitting
7 at all. But shall we say on the left-hand side of the
8 truck, looking at it from the side we boarded it, so
9 when you climb up in the back to the left-hand side,
10 somewhere in the middle.
11 Q. And by, "the middle", you mean you were
12 seated somewhere in the truck between the front and the
13 back?
14 A. Yes. Yes.
15 Q. Did the truck have a -- any sort of flap or
16 canvas covering on the back of it as opposed to the
17 top, or was that left open?
18 A. I said that it was entirely covered with
19 a canvas, even the back. Shall we say, about
20 80 per cent was covered. There was just a little space
21 left for people to get in in the middle, so there was
22 this small opening through which we crawled into the
23 truck, after which the steps were folded and locked and
24 the space was actually closed in.
25 Q. What happened then?
Page 984
1 A. Having boarded, then we went back to the road
2 we had come along, or rather we turned right in
3 relation to the hangar, and continued our way more or
4 less the way we had come, in the direction of
5 the locality of Grabovo and after about a kilometre,
6 a kilometre and a half, we came across a slope,
7 downward slope in the road. The truck slowed down and
8 turned left, on to a field road through a wood. This is
9 marshland between Ovcara and Grabovo, and we drove
10 further in a direction unknown to us. We were told we
11 were being taken to another hangar that we were just
12 being transported, and after some time one of the
13 prisoners thought and wanted to jump off. Another one
14 prevented him from doing that. He persuaded him not to.
15 He was hesitant, and finally he gave up. At that moment
16 I decided. I crawled through the space between the
17 steps and jumped off through the back.
18 Q. Now, what happened when you jumped off the
19 truck?
20 A. I jumped off the truck. I turned around to
21 see whether anyone was following me, and I headed
22 towards Vukovar, or rather back, shall we say, in the
23 direction of the hangar, in that direction, anyway.
24 Anyway, in the direction of the town of Vukovar. And as
25 I was moving away I would turn around from time to
Page 985
1 time. I was putting more and more distance between us,
2 and as this was a valley I climbed up, and continued,
3 as I said, in the direction of Sajmiste, for the
4 purpose of easy orientation, and as I moved away, after
5 some time, maybe a few seconds, or a minute, anyway not
6 long after that I heard a short burst of fire, and
7 a couple of individual shots. That was the last
8 I heard, and I continued moving away, at times running,
9 at times walking, or rather fleeing, in the direction
10 of Vukovar.
11 MR. NIEMANN: Now, I would ask you to do this
12 for me if you would, please. Would you look at Exhibit
13 20, at the last photograph, and I have also got another
14 photograph here which I would like to have marked with
15 the next Prosecution exhibit number, if you would,
16 please.
17 Your Honours, just to explain, the photograph
18 that I am having marked now is in fact the same as the
19 photograph shown in exhibit -- the 26 photograph, but
20 would I like the witness to make some markings on the
21 one I have given him.
22 THE REGISTRAR: This document is marked as
23 Exhibit 57.
24 MR. NIEMANN: Witness B, for the moment, would
25 you just compare the two photographs and, for the
Page 986
1 record, can you just indicate whether they appear to be
2 the same?
3 A. Yes, yes.
4 Q. And now, perhaps Exhibit 20 can be removed
5 and would you put the single photograph on the ELMO
6 machine for me, please?
7 I think you will find there a blue
8 coloured -- that can be handed back to the Registrar,
9 the original exhibit. (Handed).
10 On the machine table in front of you I think
11 you might see a blue-coloured Texter pen. Would you be
12 so kind as to mark on that by drawing with the pen, the
13 route that you followed in the vehicle, stopping
14 firstly at the point where the dip in the road is. Can
15 you do that for us, and explaining as you go along your
16 journey that night?
17 A. The dip starts here. The lowest point is
18 here, and then it starts climbing again. (Indicates).
19 MR. NIEMANN: Perhaps to assist your Honour,
20 if the lights could be dimmed slightly, I think we
21 might get a better view of it, and if we can move that
22 into the centre of the screen, more; now, I want you to
23 actually start at the hangar where your vehicle, you
24 boarded the vehicle.
25 A. The hangar is here. (Witness marks
Page 987
1 photograph).
2 Q. Mark it heavily so it makes it very clear.
3 Is that the point where the road dips? Can
4 you just put a --
5 A. Yes.
6 Q. -- an X at the point where the road dips?
7 A. Somewhere here, shall we say. (Witness marks
8 photograph).
9 Q. Okay. Now, where does the field road start?
10 Can you indicate that, please?
11 A. Where it stops? Where it starts?
12 Q. Where it starts, yes.
13 A. Here. It starts here. This is the road and
14 here it becomes a field road. You can see it going
15 through the woods. (Witness marks photograph).
16 Q. Okay, if you would mark that, please, the
17 route of the field road, to the point where you jumped
18 off the vehicle, approximately.
19 A. Maybe like this. Maybe here. (Witness marks
20 photograph).
21 Q. Now, when you jumped off the vehicle, what
22 did you then do?
23 A. I started running and climbing up and
24 I continued running and fleeing towards Vukovar.
25 MR. NIEMANN: Thank you. That photograph can
Page 988
1 now be returned.
2 I have here a map of the area I would ask you
3 to look at for me too, please, and perhaps that might
4 be numbered the next exhibit number in order. I have
5 a copy for the Defence of that. That should be made
6 available to them. This is a map that has already
7 previously been provided to the Defence but it is an
8 expanded version of it.
9 Now, again, Witness B, I would ask you to put
10 that on the screen to orientate yourself to the map,
11 and this time I would like you to do a little more for
12 me, if you would. Would you please, as best you can,
13 trace the whole of the journey out to Ovcara and then
14 to the point where approximately you leave the vehicle
15 and then the route that you followed in the course of
16 your escape.
17 A. Very well. With the blue marker?
18 Q. Yes, thank you. As you are doing that, you
19 might just describe what you are doing:
20 If you cannot be precise in Vukovar, do not
21 be concerned about that. Just do it in a general way
22 and perhaps be more precise when you reach the country
23 roads.
24 A. Yes. This is -- let us say that the hospital
25 is here then we went down to the centre via the
Page 989
1 fairgrounds. Here somewhere is the barracks, then from
2 the barracks in the direction of Negoslavci, here,
3 somewhere here, before Negoslavci, Negoslavci, the road
4 turns off to the left, then the right, then this is the
5 hangar. This is where we were unloaded. After that, the
6 transport started. The depression, the dip, then the
7 field road and I jumped off here somewhere; and
8 I started retracing my steps towards Vukovar. (Witness
9 marks map).
10 Q. Perhaps if you could do that in broken dotted
11 lines it might be a little easier, just so that we
12 know, as you trace your trip back.
13 As you are tracing your trip back from the
14 point where you are now, if you just break the lines
15 with broken lines it will indicate the return trip.
16 A. I can. I have already started, but never
17 mind. I shall break the line now. Through the little
18 wood, through the corn, the fairgrounds, I crossed the
19 road, then I took the Petrovacki Drum road, then the
20 road to Bogdanovci, left on Bogdanovci, then again in
21 the direction of Vinkovci. And on towards Vinkovci, and
22 I reached a village which I thought was Ceric. I had
23 almost passed it, and as I was dehydrating, and after
24 this long march, if I can call it that; I retraced my
25 steps and found a shelter and I woke up some
Page 990
1 reservists, probably of the JNA, and I was captured.
2 MR. NIEMANN: Thank you. Yes. I now tender
3 both those exhibits, if your Honours please.
4 THE REGISTRAR: That will be Exhibit 57 and
5 58.
6 MR. NIEMANN: After you were captured by the
7 reservists, what was the next thing that happened to
8 you?
9 A. The rest of that night I spent in a room in
10 that building where they were staying, and in the
11 morning they took me, they drove me to their
12 headquarters, somewhere in the centre of the village,
13 and of course they discussed what to do with me. In the
14 meantime, some reservists spoke to me. They would hit
15 me now and then. They took a gold coin that I still had
16 in my pocket that my father had given me before
17 leaving. They found it. They hit me in the eyebrows so
18 I started bleeding a little. I did not spend a lot of
19 time there waiting to see what would happen. Then they
20 put me on a truck again and transported me to Stari
21 Jankovci. Again, in a house which had been transformed
22 into some kind of a headquarters. I was put up in
23 a basement. I was beaten there as well as the others
24 who were there. They were prisoners from Vukovar.
25 Q. And were you interrogated during this time at
Page 991
1 any stage?
2 A. Yes. In the meantime we were, or rather
3 I was, taken for interrogation by a captain who
4 interrogated me, asking about my activities during the
5 war, and after some time I was returned to the basement
6 and then up, then down, and this went on, and then
7 I spent another night there. I was -- he moved me to
8 a room, attached me to the radiator with handcuffs.
9 I spent the night there and then the next night,
10 together with the others who were in the basement,
11 I was put on a combi-van and transported to Sid, to the
12 police station in Sid.
13 There we were thrown or put into a small
14 room and after some time we were taken individually,
15 each one of us for interrogation. Again, there were
16 questions as to what had happened during the war, who
17 did what, and after --
18 Q. Apart from what had happened during the war,
19 were you questioned about anything else?
20 A. Yes. I was asked all kinds of things.
21 Everything I knew, what had been happening. He
22 mentioned also Ovcara. Everything that he could think
23 of, anything that occurred to him and after this
24 relatively short interrogation I was returned to the
25 room and then shortly some men came who took us out and
Page 992
1 beat us with their hands and legs and then like that
2 they boarded us onto another truck and they drove us
3 off.
4 Later we realised that we had been
5 transported to the prison in Sremska Mitrovica. We were
6 searched once again there.
7 Q. Just stopping for a moment, when you were
8 questioned about Ovcara, can you remember what was
9 asked of you about Ovcara when you were in Sid? What
10 did they say to you about Ovcara?
11 A. They asked what I knew about Ovcara, how many
12 people had been killed and whether anyone had been
13 killed. I simply did not want to discuss that matter
14 with that man, so...
15 Q. Did you gain an impression of whether or not
16 he was aware of what had happened at Ovcara, from what
17 he said, from the questions that he asked you?
18 A. My impression was that he was looking for
19 information, whether anything was known about Ovcara,
20 but since I did not show any interest in discussing
21 this topic, we went on to other topics, and then he
22 sent me back to the cell.
23 Q. Did you feel that you may have been in danger
24 if you discussed Ovcara?
25 A. Certainly. I was constantly in danger.
Page 993
1 Q. And then you went to Sremska Mitrovica and
2 how long were you retained there?
3 A. I was there from, shall we say, 22nd of
4 November 1991 right through 4th February 1992, but on
5 15th January, after interrogation, and when detention
6 was ruled by judgement of the military court, I was
7 transferred to isolation where I stayed until 4th
8 February when I was transferred to the military
9 investigative prison in Belgrade.
10 Q. And when you got to Belgrade, what happened
11 then?
12 A. We were accommodated. I was not alone. We
13 were transferred to various cells. Most often there
14 were eight to a cell and we were mixed; reservists and
15 other members of the Yugoslav army who had committed
16 a crime or an offence such as burglary or murder, and
17 other things that had happened in their army. Most
18 frequently avoiding mobilisation and other problems of
19 that kind, so we were put up together with these people
20 into cells.
21 Q. Were you charged with any crime?
22 A. Yes. I was charged with armed revolt and
23 crime against the civilian population.
24 Q. And did you come to learn of any evidence
25 that was used against you in relation to these charges?
Page 994
1 A. No. There were no arguments nor was there any
2 evidence.
3 Q. Did you, in fact, face trial for these
4 charges?
5 A. Yes. The trial was scheduled for one date and
6 then it was postponed. In the meantime the
7 international community through my relatives and
8 especially my wife, learned about my case. They
9 realised what was happening and what was being done to
10 us, and Amnesty International was informed and Mr. Paul
11 Miller came to one of the scheduled hearings and after
12 that it was postponed, I believe, because of his
13 presence. Then again it was scheduled on several
14 occasions, the hearings, but outside the protocol at
15 the time, it was postponed and finally it was partially
16 carried out with the exception of the closing statement
17 of my Defence counsel and the pronouncement of
18 judgement, it was never completed, at least I am not
19 aware of that.
20 Q. And were you then subsequently released?
21 A. Yes. We were exchanged, as it was called, on
22 14th August 1992 in Nemetin.
23 Q. Now, sometime later in August of 1992, did
24 you meet with a gentleman by the name of Dr. Clyde Snow?
25 A. I did.
Page 995
1 Q. And at this meeting -- was this a meeting in
2 Belgrade?
3 A. Not in Belgrade. After my release or
4 exchange.
5 Q. I am sorry, I meant Zagreb. Yes. In Zagreb.
6 A. Yes, yes, in Zagreb.
7 Q. And at that meeting did you provide him with
8 certain information similar to that which you have
9 provided to the court today, in relation to the route
10 that the truck that you were on took at the Ovcara
11 farm?
12 A. I gave him all the facts that I have given
13 you now in greater or lesser detail. Anyway, I told him
14 whatever he asked me.
15 MR. NIEMANN: No further questions, your
16 Honour.
17 JUDGE CASSESE: Thank you. Mr. Fila, it is too
18 late.
19 MR. FILA: Whatever you say. I only have three
20 questions. Ten minutes.
21 JUDGE CASSESE: Yes.
22 Cross-examined by MR. FILA
23 MR. FILA: Please, will you tell us what kind
24 of uniforms you saw, from the hospital to Ovcara and
25 from then on?
Page 996
1 A. I saw various uniforms, if we can call them
2 that.
3 Q. What colours?
4 A. That too is a good question, but the answer
5 is different. A uniform means that people should be
6 equally dressed, but in this case, people wore
7 different clothing. There were all types of uniforms
8 from camouflage to classical, grey, olive green, and
9 then there were those who were not completely clothed
10 in uniform. They had a mixture of regular clothing and
11 uniforms. Then there were cockades and other insignia.
12 Olive green and inadequate uniforms and mixtures, all
13 kinds of things. All kinds of combinations.
14 Q. You said that Vladimir Dukic was beaten --
15 you call him Dado, a nickname. Never mind. Where was he
16 in Ovcara?
17 A. He was on the opposite side to the entrance.
18 Not that close to me, about 10 metres away from me, but
19 at that point in time I could see him from that
20 position.
21 Q. Do you know who beat him? Was he lying? Was
22 he standing when he had these crutches?
23 A. He could not stand up. He was heavily
24 wounded. He was lying most of the time but he was
25 sitting too next to the hangar door and he had crutches
Page 997
1 with him. He had crutches right next to him that were
2 used to beat him up..
3 Q. You do not know who beat him?
4 A. The army that guarded us, if that is what we
5 can call it, and all the others who took part in this
6 terror.
7 Q. At the moment they took you out, you said it
8 was dark. Did you perhaps notice how many buses there
9 were?
10 A. I did not notice a single bus.
11 Q. And when you were taken away, what buses were
12 there? Civilian, military, and what colour, if you
13 know?
14 A. What do you mean, when we were driven off?
15 Q. I mean from the hospital into the military
16 barracks and all that.
17 A. From the hospital, did I not look at the
18 registration plates. No, I did not look at the
19 registration plates at that point. It did not seem to
20 matter. I do not know.
21 Q. And what colour were they? Were they civilian
22 or military buses?
23 A. I think they were civilian buses.
24 Q. What colour?
25 A. Lighter colour. I do not know about the
Page 998
1 colour.
2 Q. Do you know at all how many buses there were
3 in front of Ovcara altogether? You said that you were
4 on the third bus. Were there any more buses?
5 A. Since we were joined by an additional two or
6 three buses, I cannot be sure, but most probably there
7 were six buses.
8 Q. And as you were getting in, I mean, did you
9 go out and then the buses arrived or were the buses
10 there when you came out?
11 A. One bus was emptied out after the other. That
12 is to say one was emptied out and then the other one
13 came one after the other.
14 Q. Can you say what time it was when you arrived
15 in Ovcara, approximately?
16 A. It was the afternoon. I do not know. Perhaps
17 around 2 o'clock.
18 Q. You mean 1400 hours?
19 A. Yes, 1400 hours. Something like that. But
20 approximately.
21 MR. FILA: Thank you. No further questions.
22 JUDGE CASSESE: Thank you. Would you like to
23 re-examine?
24 MR. NIEMANN: No, your Honour.
25 JUDGE CASSESE: Well, thank you. No objection
Page 999
1 to the witness being released, therefore? No. Good.
2 I imagine that tomorrow we will hear five witnesses, or
3 some of them?
4 MR. NIEMANN: Yes, your Honour, the five
5 witnesses are ready for tomorrow.
6 JUDGE CASSESE: Good, and do you think
7 tomorrow we could receive also from you the list of
8 witnesses to be heard next week?
9 MR. WILLIAMSON: Your Honour, that is what
10 I was about to address. We are still in the process of
11 finalising travel arrangements, so that is the reason
12 that we have not provided it today, but we should have
13 it first thing in the morning.
14 JUDGE CASSESE: Thank you. Good. So we take
15 a recess until tomorrow morning at 9.15.
16 (5.30 pm)
17 (Hearing adjourned until tomorrow at 9.15)
18
19
20
21
22
23
24
25