Tribunal Criminal Tribunal for the Former Yugoslavia

Page 6291

 1                           Friday, 11 July 2008

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness entered court]

 5                           --- Upon commencing at 9.04 a.m.

 6             JUDGE ORIE:  Mr. Registrar, would you please call the case.

 7             THE REGISTRAR:  Good morning, Your Honours.  Good morning to

 8     everyone in the courtroom.  This is case number IT-06-90-T, The

 9     Prosecutor versus Ante Gotovina et al.

10             JUDGE ORIE:  Thank you, Mr. Registrar.

11             Today Judge Kinis is unable to sit.  Judge Gwaunza and myself

12     have decided that we're satisfied that it's in the interests of justice

13     to continue today to hear the case.  We expect Judge Kinis to be back on

14     Monday.

15             Mr. Mikulicic, are you ready to continue your cross-examination.

16             MR. MIKULICIC:  Yes, Your Honour.

17             JUDGE ORIE:  Then, Mr. Janic, I'd like to remind you that you're

18     still bound by the solemn declaration you gave at the beginning of your

19     testimony.

20             Please proceed, Mr. Mikulicic.

21             MR. MIKULICIC:  Thank you.

22                           WITNESS:  ZDRAVKO JANIC [Resumed]

23                           [Witness answered through interpreter]

24                           Cross-examination by Mr. Mikulicic: [Continued]

25        Q.   [Interpretation] Good morning, Mr. Janic.

Page 6292

 1             You may remember we discussed yesterday the order of the

 2     then-chief of Main Staff, General Bobetko, instructing special police

 3     units to assemble on Mount Velebit.  Later on, this order was withdrawn.

 4     You understood this to be a kind of exercise for the forthcoming

 5     operation.  You remember that?

 6        A.   Yes, I do.

 7             MR. MIKULICIC: [Interpretation] Can we please see document 65

 8     ter 00683.

 9        Q.   While we're waiting for the document to be shown, this is an

10     order of the new order of General Zvonimir Cervenko dated 21 of June,

11     1995, in which he says that elements of the special police of the MUP of

12     Croatia be dispatched to Zadar, Vir, and Nin areas by 2000 hours on the

13     23rd of July, and the number of men should be 300.

14             Mr. Janic, do you remember if this order was complied with, the

15     order issued by General Cervenko?

16        A.   Yes, I do.  I earlier spoke about what we did in the area of

17     Zadar.  This was the reserve of special police for a potential

18     intervention on the line of defence near the town of Zadar.  That was at

19     the time immediately before.

20             MR. MIKULICIC: [Interpretation] Can I please have a number for

21     this document.

22             MS. MAHINDARATNE:  No objection, Mr. President.

23             JUDGE ORIE:  Mr. Registrar.

24             THE REGISTRAR:  Your Honours, that becomes Exhibit number D537.

25             JUDGE ORIE:  D537 is admitted into evidence.

Page 6293

 1             MR. MIKULICIC: [Interpretation] Can we please now have 65

 2     ter 01818.

 3        Q.   The following day, that is, the 22nd of July, the Main Staff of

 4     the Croatian army.  It's signed here on behalf of the chief by General

 5     Stipecic.  Another order was issued to the district area Split and the

 6     command post in Zadar, saying that accommodation needs to be provided for

 7     350 members of the special police.

 8             If you look at item 4, it says:  "The special police forces will

 9     be under direct command of the Main Staff of the Croatian army."

10             So this is a follow-up or a continuation of the developments on

11     the eve of Operation Storm.  Isn't that right?

12        A.   Yes.  This order gives more details than the previous one, but

13     they are related.

14             MR. MIKULICIC: [Interpretation] Can I please have the number for

15     this document.

16             MS. MAHINDARATNE:  No objection.

17             JUDGE ORIE:  Mr. Registrar.

18             THE REGISTRAR:  Exhibit number D538, Your Honours.

19             JUDGE ORIE:  D538 is admitted into evidence.

20             MR. MIKULICIC: [Interpretation] Can we please now see the

21     document already tendered into evidence by the Prosecution, and the

22     number is P554.

23        Q.   This document is dated the 22nd of July, 1995.  It actually set

24     up the staff of joint special police forces.  The order signed - but you

25     will see this on the next page - by Mr. Jarnjak, minister of the

Page 6294

 1     interior, and the assistant minister, Mr. Markac, is based on the order

 2     of the -- order of General Zvonimir Cervenko; and it refers to the

 3     engagement of joint special police forces equalling the strength of a

 4     battalion in the area of Zadar and Knin.

 5             Further on, the order stipulates that as at 23rd July, 1995?

 6             MR. MIKULICIC: [Interpretation] I'm reading this from the first

 7     page of this order.  Perhaps we can move down the English version.  The

 8     Croatian version is fine.

 9        Q.   So the order is given that:  "On 23rd of July, the staff of

10     special police joint forces is going to start operating with a command

11     post in the Zadar-Knin police administration, and appointed to the staff

12     the following officers of the Ministry of Interior are appointed:

13             "Action commander, assistant minister Colonel-General Mladen

14     Markac; Chief of Staff, Brigadier Zeljko Sacic; head of the internal

15     control department; Major Ante Soljic; assistant for intervention squad

16     Colonel Svemir Vrsaljko.

17             Let us stop here.  Tell us more about this action code-name

18     "Poskok 2"?

19        A.   I mentioned this operation yesterday.  It was an action launched

20     in the area of Velebit with the aim of providing protection of the

21     highway linking the northern and southern parts of Croatia, the Adriatic

22     Highway.  It was in place from 1992 up until Operation Storm.

23        Q.   Thank you.  Item 5 says that based on this order, Major Zdravko

24     Janic was appointed to the staff.  That's you, right?

25        A.   Yes.

Page 6295

 1        Q.   Other persons are mentioned here, such as assistant for infantry;

 2     under item number 9, we have assistant for intelligence and operations,

 3     Damir Cvetko; assistant for rocket and artillery support, Captain Anton

 4     Basic; assistant for logistics, Stjepan Kocmanic; assistant for

 5     communications, Drago Kelebuh; assistant for medical support, Dr. Josip

 6     Mihailovic; coordinator for the Croatian army, Captain Mladen Puceh; and

 7     assistant for reserve force, Slavo Maduna.

 8             So we see that appointed to the staff were 15 persons all

 9     together.

10             Further on, it says that the staff is -- shall, on the 23rd of

11     July, no later than 1600 hours --

12             The next part of this order says that the command of the joint

13     forces is to perform their task in a professional manner in accordance

14     with the Law on Internal Affairs and the conventions of the international

15     law of war.

16             It also says that during the carrying out of missions, the

17     command shall keep a war log and draw up maps; and upon the completion of

18     the task, it is should analyse operations and submit a original report.

19             Mr. Janic, in order for to us make these military terms more

20     understandable as civilians, tell us, what was the main purpose of the

21     staff of joint forces?

22        A.   The special police joint forces staff was within an operation

23     carried out together with the Croatian army is to carry out tasks

24     assigned to the special police and in the area assigned to the special

25     police.

Page 6296

 1        Q.   Speaking of the area of responsibility, were the special police

 2     in actions of these type had responsibility over a specific territory in

 3     terms of creating preconditions for the subsequent functioning of

 4     civilian authorities; or was the territorial jurisdiction of special

 5     police absent, or rather, you had just an area of responsibility.

 6             Can you explain that for us, please?

 7        A.   In any operation in which the special police took part, only --

 8     it only had an area of responsibility for this specific task from the

 9     beginning until the end of it.  For example, in Operation Storm, it was

10     far -- four or five days.  The special police had no territorial

11     jurisdiction in any area whatsoever.  So we are talking exclusively about

12     an area of responsibility for the duration of a specific operation.

13             As soon as the objectives of the action were achieved, the

14     special police was removed from the area and did not carry out any

15     official tasks.

16             After that, regular police would take over the territorial

17     jurisdiction in a certain area.

18        Q.   So one might say that actually the area of responsibility was the

19     axis of operation of special police in a specific area?

20        A.   Precisely so.  That was an axis of operation, in terms of a

21     militarily planned action drawn up and carried out by the Main Staff.

22     Along the front line, we would be assigned a certain sector and a certain

23     area of responsibility, and that was our axis of operation.  Once our

24     mission was completed, we left the area.

25        Q.   I understand.  Maybe you can give us some more explanation.

Page 6297

 1             Unlike special police, Croatian army units - and by that, I mean

 2     the military directs of Split and Gospic with whom you cooperated in

 3     Operation Storm - resolved this issue in a different way.  They had a

 4     certain territorial jurisdiction.  Isn't that so?

 5        A.   Can you please clarify your question.  I didn't understand it.

 6        Q.   Sorry for putting it in such a complicated way.

 7             So, you explained to us what an area of responsibility of special

 8     police is.  This Operation Storm took place in cooperation of two

 9     Military Districts.  Is that correct?

10        A.   Yes, it is.

11        Q.   Those are the Military Districts of Split, which was, as it were,

12     your neighbour on the right flank?

13        A.   That's correct.

14        Q.   And Military District Gospic, which was your neighbour to the

15     left in the operation?

16        A.   Yes.

17        Q.   Those two Military Districts, Split and Gospic, were differently

18     structured in terms of the area in relation to the special police.  Could

19     you tell us a little bit more about that?

20        A.   Yes, I could.  The entire territory of Croatia was divided into

21     Military Districts.  I don't know exactly how many of them there were,

22     but each Military District would include an area that had territorial

23     jurisdiction, such as, for instance, the police administrations of

24     certain municipalities had jurisdiction over that area; whereas, the

25     military had the jurisdiction over a wider area of several counties.  In

Page 6298

 1     other words, there may have been four to five Military Districts.

 2        Q.   All right.  We will return to this subject a little later.

 3             MR. MIKULICIC: [Interpretation] For now, could I please -- could

 4     the witness please be shown document 65 ter 01819.

 5        Q.   After a command was issued, an order was issued from the military

 6     staff and co-signed by Mr. Jarnjak and Mladen Markac.  On the 22nd of

 7     July, 1995, Mr. Markac issued the order that can you see in front of you

 8     on the screen, which was addressed to the chief of Brod Posovina police.

 9     In the order, it is requested that on the 22nd of July, at 1800 hours --

10             MS. MAHINDARATNE:  Mr. President, the document, as I read it, is

11     not addressed to the -- it says:  "Attention, chief of Brod Posavina

12     police administration," to be handed over to the specialised police unit

13     commander.  So to read it as an order addressed to the chief of the

14     police administration is incorrect.  The way I say it, he is being asked

15     to hand it over to the special police unit.

16             JUDGE ORIE:  I think it is not incorrect what Mr. Mikulicic says,

17     although incomplete, because it is addressed to the Brod Posavina police

18     administration, and what I understand is that a special police unit is

19     one of the units or part of that.  So it is incomplete, but not

20     incorrect.

21             Please proceed.

22             MR. MIKULICIC:  Okay.  Thank you, Your Honour.

23        Q.   [Interpretation] So, in this order, the special police unit

24     within the police administration of Brod Posavina is asked to assign

25     certain members of the special police, including some equipment,

Page 6299

 1     including a mortar, a 120-millimetre battery, as well as a 128-millimetre

 2     laser guided missile launcher, to head directly toward the Zadar-Knin

 3     police administration in order to carry out tasks within the scope of

 4     work of the joint forces of the special police.

 5             Mr. Janic, do I read this correctly, that this is an order where

 6     the entire forces of the special police are being strengthened in

 7     manpower in this area, in Zadar below the Velebit mountain?

 8        A.   Yes.  These orders actually ensured that special police members

 9     would come to certain areas; and, here, it refers to the special police

10     that had already been in the area of Zadar, so that when the special

11     police received this mortar, actually, its forces were strengthened and

12     it was capable of defending the defence line on its own.

13             MR. MIKULICIC: [Interpretation] Could we please assign a number

14     to this document.

15             MS. MAHINDARATNE:  No objection, Mr. President.

16             JUDGE ORIE:  Mr. Registrar.

17             THE REGISTRAR:  Exhibit number, D539, Your Honours.

18             JUDGE ORIE:  D539 is admitted into evidence.

19             MR. MIKULICIC: [Interpretation] Could the registrar please pull

20     up 65 ter 01817.

21             JUDGE ORIE:  Could I meanwhile ask a question to the witness in

22     relation to the last document.

23             This document mentions a laser guided missile launcher.  Could

24     you tell us something about the position of -- you're nodding no.

25             But including mortar -- could we have the previous document back

Page 6300

 1     for a second.

 2             You see that the orders says:  "On the 22nd of July at 6.00 p.m.,

 3     you shall take 120 members of your unit, including mortar 120-millimetre

 4     battery, as well as one 128-millimetre VRL laser guided missile

 5     launcher."

 6             Do you see that?  Are you familiar with this laser guided

 7     missiles?

 8             THE WITNESS: [Interpretation] Yes, I am.  This is a multiple

 9     rocket launcher, I think it had 12 barrels, and it could fire 12 rockets

10     at the same time, 12 shells.  It is a standard artillery weapon, short

11     range.  It is not a long range weapon, and its range is somewhat larger

12     than the 120-millimetre mortar.

13             JUDGE ORIE:  Yes.  Which means -- yes.  Now the fact that it was

14     laser guided, would that have any impact on the position of targeting?

15             MR. MIKULICIC:  Your Honour, if I may intervene.

16             JUDGE ORIE:  Yes.

17             MR. MIKULICIC:  Maybe if the witness will take off his --

18             JUDGE ORIE:  Yes.  Could you take off your earphones for a

19     second.

20             MR. MIKULICIC:  Thank you.  I believe it is another translation

21     mistake, because the abbreviation "VRL" in Croatian means multiple rocket

22     launcher.

23             JUDGE ORIE:  Yes.  If that's the case, then, of course --

24             MR. MIKULICIC: [Overlapping speakers] ... there is no --

25             JUDGE ORIE:  -- I was caught by the word "laser guided."

Page 6301

 1             MR. MIKULICIC:  So we could ask the witness on it.

 2             JUDGE ORIE:  Yes.  I don't know, of course, how my words were

 3     translated to him.

 4             Could you tell us what "VRL" stands for?

 5             THE WITNESS: [Interpretation] It is a multiple rocket launcher.

 6             JUDGE ORIE:  Thank you.

 7             If that's all, then it appears that I'm always the unlucky one

 8     who catches the translation errors.

 9             Let's move on.

10             MR. MIKULICIC:  But I appreciate that, Your Honour, because I

11     didn't see it, and it's of vital importance.

12             JUDGE ORIE:  Yes.  Of course, position and targeting and laser

13     guided might be different from that.

14             MR. MIKULICIC:  Yes.  I believe --

15             JUDGE ORIE: [Overlapping speakers] ... let's proceed.

16             MR. MIKULICIC: [Interpretation] We have the number.  Could we now

17     pull up document -- that's fine.  This is the document.

18        Q.   Mr. Janic, the 22nd of July, an order, assistant minister Mladen

19     Markac, sent to the attention of the chief of the Bjelovar-Bilogorska PU,

20     with a note that it should be handed over to the commander of the special

21     police forces in that police administration.

22             We can see here almost an identical document where they're asking

23     a 120 officers, including a mortar battery as well as a multiple rocket

24     launcher should be sent to the area, so that they could within the scope

25     of work of the joint forces operate in the area.

Page 6302

 1             Could you tell us, is this one of the way in which the joint

 2     forces were formed?

 3        A.   Exactly.  Each unit that took part, whether in this case or in

 4     any other case, would receive this type of order for its use, for its

 5     employment.

 6             MR. MIKULICIC: [Interpretation] Could I please have a number for

 7     this document.

 8             MS. MAHINDARATNE:  Mr. President, I think the translation on

 9     the -- on the screen is not that of the B/C/S version, because I see the

10     B/C/S version is addressed to Bjelovar-Bilogorska; whereas, the

11     translation is to chief of Brod Posavina.  So I think the translation is

12     from the previous document.

13             MR. MIKULICIC:  And it's the very same issue as it regards to

14     VRL.

15             JUDGE ORIE:  Yes.  I see that.  These are, you said, documents

16     uploaded by the Prosecution, 65 ter documents?

17             MR. MIKULICIC:  These are all 65 ter documents.

18             JUDGE ORIE:  Ms. Mahindaratne, you have got a little job to do,

19     isn't it?

20             MS. MAHINDARATNE:  We have already asked for revised translations

21     for all the documents, so it takes a while for the revised translations

22     to be uploaded.  Hopefully, it will be --

23             MR. KUZMANOVIC:  Your Honour.

24             JUDGE ORIE:  Yes, Mr. Kuzmanovic.

25             MR. KUZMANOVIC:  Thank you.  If you look on the right side, there

Page 6303

 1     is -- under "number," it is 608/95 on the B/C/S version; and on the left

 2     in the English version, it is 607/95.  So there are -- they are not the

 3     same document.  In Croatian, it says "Broj," and then has

 4     511-01-30-608/95.  On the English version, it --

 5             MR. MIKULICIC:  It's 607, 607.

 6             JUDGE ORIE:  I can imagine that they have been mixed up because

 7     it seems that orders are passed in past to various addressees with almost

 8     similar language.

 9             MR. MIKULICIC:  Yes.

10             JUDGE ORIE:  I take it that if you asked the translation to be

11     revised, Ms. Mahindaratne, you will certainly insist in ensuring that

12     we're talking about the same document, yes?

13             Please proceed --

14             MR. KUZMANOVIC:  Your Honour, I'm sorry to interrupt again.  If

15     you see, the ERN numbers are the same on the left.  The last four numbers

16     are on 1264 on the top, and the last for numbers are 1264 on the B/C/S

17     document.

18             JUDGE ORIE:  Which would suggest that there they are still the

19     same documents as far as ERN documents are concerned.  But from the text,

20     it appears that the translation is related to another, although perhaps a

21     very similar document.

22             MR. MIKULICIC:  Correct.

23             JUDGE ORIE:  Well, at least you've got something to do during the

24     break.

25             Please proceed.

Page 6304

 1             MR. MIKULICIC:  Okay.  Could I have a number for this exhibit,

 2     please.

 3             JUDGE ORIE:  Yes, for which one?  The one or the other?

 4             MR. MIKULICIC:  For both.

 5             JUDGE ORIE:  Yes.  Could we wait until after the break until you

 6     have sorted this out; and then with right 65 ter numbers and perhaps ERN

 7     numbers corresponding, that we would then in order not to add to the

 8     confusion that already exists.

 9             MR. MIKULICIC:  Okay.

10             JUDGE ORIE:  Please proceed.

11             MR. MIKULICIC: [Interpretation]

12        Q.   While we still have this document before us, Mr. Janic, the issue

13     of handing over documents, let's touch upon that.

14             This order, in fact, was sent to the unit of the special police

15     within the police administration; however, it is addressed to the chief

16     of that police administration, and then he refers it or forwards it to

17     the commander of the special police.  Was this the usual, regular, normal

18     way it was done.

19        A.   Yes.  The coded orders from the Ministry of Interior would be

20     sent to the police administration, and then they would forward it to the

21     commander of the unit.

22        Q.   Thank you for your clarification.

23             MR. MIKULICIC: [Interpretation] Could we now see 65 ter 01812.

24        Q.   This order is somewhat different to the one that we've seen

25     before.  It's also of 22nd of July, issued by Mr. Markac, addressed to

Page 6305

 1     the Varizdin police administration, with a note that it should be

 2     delivered to the special police unit commander.  And in the order, it is

 3     ordered that up until the 22nd of July, 1900 hours, they are to head with

 4     120 members of the unit towards the Zadar-Knin police administration.

 5             Further on, there are deals about what the members of the special

 6     police should take with them.  They should take short barrel and long

 7     barrel weapons; anti-armoured equipment, at least eight, for multiple

 8     uses; 24 anti-armour weapons for single use; protective equipment, flak

 9     jackets, helmets, combat kits, and sleeping bags.

10             Speaks about equipment that is mentioned here, the equipment used

11     by the special police, tell us, please, this is a lot of baggage to

12     carry.  How was this equipment transported?

13        A.   When the unit moved from its seat to the area of operation, they

14     moved in a convoy of vehicles, and the equipment was moved in vehicles in

15     that convoy; and in the area where the special police operated, all the

16     equipment, the personal equipment, was carried by the men themselves.  As

17     for the equipment of logistical nature, there was a logistics department

18     that organised the transport of that equipment using helicopter, trucks,

19     and any other vehicles as required.

20             MR. MIKULICIC: [Interpretation] Could we please have a number for

21     this document.  I hope there are no problems with the translation with

22     this document.

23             MS. MAHINDARATNE:  [Previous translation continues] ...

24             JUDGE ORIE:  Ms. Mahindaratne, I heard you saying, "No

25     objection," is that correct?

Page 6306

 1             MS. MAHINDARATNE:  That's correct, Mr. President.

 2             JUDGE ORIE:  Yes, yes.  You had not activated your microphone at

 3     that moment.

 4             Mr. Registrar.

 5             THE REGISTRAR:  Your Honours, this becomes Exhibit number D540.

 6             JUDGE ORIE:  D540 is admitted into evidence.

 7             Please proceed.

 8             MR. MIKULICIC:  Thank you, Your Honour.

 9             [Interpretation] Can we now see document 65 ter 01811, please.

10        Q.   What we are going to see now is a slightly different order issued

11     on the same date, that is, the 22nd of July, by Mr. Markac, addressed to

12     the commander of the Special Unit through the chief of the Istria police

13     administration.

14             And it reads as follows:  And with regard to carrying out the

15     most complex tasks within the line of work of special police, on 24th of

16     July, they shall have ready 100 members active and reserve servicemen, as

17     well as one rocket artillery battery.  It is also ordered that this level

18     of readiness must guarantee a swift within two hours departure of all men

19     to the site of the task.

20             In the last paragraph of this order, it is particularly

21     emphasised that during the going to the area of task and the use of

22     vehicle, the unit has to travel in a convoy and adhere to traffic

23     regulations.

24             Mr. Janic, this is a slightly different order.  Can you comment

25     on it.  This is an order to place reserve forces on the ready for a

Page 6307

 1     potential engagement in a mission.

 2        A.   That's correct.  Since the special police was in the area of

 3     Zadar, some other units, including the one from Zadar, was ordered to be

 4     on the ready, so that within a very short time, they can be on the move

 5     to the area where the special police battalion was.

 6             So these were the orders for stand-by.

 7        Q.   When special police units moves to the area of mission or back

 8     down regular roads, you already said that the common practice was to

 9     travel in a convoy of vehicles, as a whole.  So this is in compliance

10     with this order?

11        A.   Yes.  As you can see from this order, even these details were

12     provided, such as the maximum speed of the convoy, because a long convoy

13     of official vehicles can cause traffic problems; and, also, there were

14     obliged to adhere all traffic regulation, including speed limits.

15        Q.   Thank you.

16             MR. MIKULICIC: [Interpretation] Can we have the number for this

17     document, please.

18             JUDGE ORIE:  Ms. Mahindaratne, any objections.

19             MS. MAHINDARATNE:  No objection, Mr. President.

20             JUDGE ORIE:  Mr. Registrar.

21             THE REGISTRAR:  Exhibit number D541, Your Honours.

22             JUDGE ORIE:  D541 is admitted into evidence.

23             Please proceed.

24             MR. MIKULICIC: [Interpretation] One short question with regard to

25     this, but we're now skipping to another topic.  We are going to discuss

Page 6308

 1     check-points set up after the liberation of the occupied territory.

 2        Q.   When a special police convoy properly marked was travelling down

 3     the road and came to a check-point, what was the regime of their passing

 4     the check-points manned by either the civilian police or the Croatian

 5     army?

 6        A.   The police check-points manned by regular police or military

 7     police stopped vehicles at their own discretion.  If there was a convoy

 8     of official vehicles, then they have the right of passage according to

 9     the traffic regulations that were in place then and now.  Therefore, they

10     did not have any need to stop such convoy.  It had the right of passage

11     in traffic.

12        Q.   Thank you.  We can now move on.

13             MR. MIKULICIC: [Interpretation] Can we now have, please, 65

14     ter 02118.

15        Q.   This is a document dated the 23rd of July, which was also coded

16     and addressed to the chiefs of two police administrations, Osijek Baranja

17     and Sisak Moslovina; and it was to be delivered to the special police

18     unit commanders within these PUs.  It was signed by chief of department,

19     Mr. Zeljko Sacic.

20             The order reads that:  "Immediately upon the receipt of this

21     order," that is, on the 23rd of July, "each of you is to send one

22     multiple rocket launcher, Rak 12, 128-millimetre with one BK, which

23     stands for combat kit, and a crew; and they are to be send to the

24     Zadar-Knin PU headquarters."

25             Would you agree that this was one of the orders intended for

Page 6309

 1     reinforcing and replenishing the equipment of special police for their

 2     forthcoming tasks?

 3        A.   Yes, I agree.  This order was sent to the special police units in

 4     Osijek and Sisak in order for it to be reinforced with artillery forces

 5     from the police in Zadar.

 6        Q.   We see that this order was signed Mr. Zeljko Sacic; and from an

 7     earlier document, we saw when the joint special police forces staff was

 8     formed that Mr. Sacic was appointed the Chief of Staff?

 9        A.   That's correct.

10             MR. MIKULICIC: [Interpretation] Can I please have a number for

11     this document.

12             JUDGE ORIE:  Ms. Mahindaratne.

13             MS. MAHINDARATNE:  No objection.

14             JUDGE ORIE:  Mr. Registrar.

15             THE REGISTRAR:  Exhibit number D542.

16             JUDGE ORIE:  D542 is admitted into evidence.

17             Mr. Mikulicic, I now noticed that VLR and VBR both are multiple

18     rocket launchers.  No problem with that.  Okay.

19             Then please proceed.

20             MR. MIKULICIC:  Thank you.

21             [Interpretation] Can we now please have 65 ter 01888.

22        Q.   Now, what we see here is that the joint forces were gradually

23     being equipped with combat equipment and manpower.  What followed, on the

24     29th of July, 1995, was an order issued by the Main Staff of the Croatian

25     army, sent, as we can see here, to Mr. Mladen Markac, the commander of

Page 6310

 1     the Special Units.

 2             If we look at the next page, this order was signed by the chief

 3     of Main Staff, General Zvonimir Cervenko.

 4             MR. MIKULICIC: [Interpretation] Can we please have the second

 5     page of this document.

 6        Q.   So the order was signed by the chief of Main Staff.  It was sent

 7     encoded --

 8             MR. MISETIC:  Your Honour, I only briefly saw the first page, but

 9     this does not appear to be the English translation of the Croatian

10     document.

11             MR. MIKULICIC:  Yes, it's not.  It's not.  Now we have problem.

12             JUDGE ORIE:  Yes, a similar problem.  I was still checking the

13     previous one, where I do not actually, in the original, found yet the

14     abbreviation "VBR," but I might be wrong there.

15             This one is also suffering a bit, Ms. Mahindaratne, from creative

16     composition of originals and translations.

17             MS. MAHINDARATNE:  Yes, Mr. President.  We have just sent an

18     e-mail back to the trial support.

19             JUDGE ORIE:  Mr. Tieger.

20             MR. TIEGER:  I don't know, Your Honour, if this helps or further

21     complicates the matter, but when I called it up in ring-tail, I seem to

22     get the same document as I read the numbers on the -- that appear to the

23     left.  I --

24             JUDGE ORIE:  I will see what happened.  I have the --

25             MR. TIEGER:  [Overlapping speakers] ... as far as I can tell, I

Page 6311

 1     have the correct English translation of that document.  No. It's --

 2             JUDGE ORIE:  [Overlapping speakers] ... what I have uploaded for

 3     various reasons.  First of all the, handwritten annotation dated the

 4     8th of June, 2004 does not appear in the translation, and it did appear

 5     in previous translations.  Then I see that if only I look at the

 6     addressee, then I see an accused in another case appears, rather than an

 7     accused in this case.  So, therefore, I have great doubts on whether this

 8     is a translation of the same document.

 9             Let's look at the numbers.  That sometimes helps us out.

10             MS. MAHINDARATNE:  Mr. President, if I could assist.  The same

11     document from the document served on us last night by the Defence, the

12     same document is at 65 ter 0 -- I'm sorry, 1892, and there the

13     translation seems to be accurate.

14             JUDGE ORIE:  Yes.  But I think documents are admitted under their

15     65 ter or their Defence number; and if the translation which is directly

16     attached to that document is not a translation of that document, then we

17     have a problem.  I don't think that we could accept that 65 ter number A

18     is the original and 65 ter number B would be the translation.

19             MS. MAHINDARATNE:  No, Mr. President that is not what I meant.  I

20     meant that this same document is listed under a different 65 ter number

21     which is 1892; and under that, the translation seems to be accurate.

22             JUDGE ORIE:  Now I see that you have found a better matching

23     original and translation.

24             Then I suggest that we -- well, of course, I do not know which

25     one then corresponds.  Does it correspond with the original B/C/S

Page 6312

 1     document or does it correspond with the English translation,

 2     Ms. Mahindaratne?

 3             MS. MAHINDARATNE:  Mr. President, can we sort this perhaps after

 4     the break, because there are, I see, a whole lot of documents of the same

 5     document with different translations.  I will be in a better position to

 6     assist Court if Mr. Mikulicic could postpone this particular document

 7     till after the break.

 8             JUDGE ORIE:  Yes.  I think that Judge Kinis will be happy that he

 9     wasn't here today.

10             MR. KUZMANOVIC:  Your Honour --

11             JUDGE ORIE:  Yes.  At the same time, of course, this lack of

12     precision in uploading documents really embarrasses the Defence who wants

13     to use that material, Ms. Mahindaratne.  So it is not one mistake but a

14     whole series of mistakes.

15             I also see that these two documents, which are not the same, they

16     bear a same number in their heading; and, at the same time, the heading

17     is not the same.  For example, in the original, I see same class, same

18     number; but then, for example, "Zagreb" appears not in the translation.

19             So I don't know what actually has happened here.

20             Mr. Mikulicic, it's a nuisance for you --

21             MR. MIKULICIC:  It is.

22             JUDGE ORIE:  -- how to proceed.  Is there any way that you could

23     move to a subject which hopefully will not suffer from the same chaos.

24             MR. MIKULICIC:  Yes, Your Honour.  I would like to do so, but I

25     must say that I could not predict what would be the obstacles for the

Page 6313

 1     other documents, because that is something out of my control.

 2             What I would like to suggest is that we can use the translation

 3     of this document, which is 65 ter 01892, but this translation is a little

 4     bit slightly different than the documents that I am using in original,

 5     and that only refers to the handwritten text on the bottom left-hand

 6     corner or the second page of the document.

 7             So we will show the original document on the screen, and I will

 8     point up on the signature and all other subject in those two versions are

 9     identical.

10             So we could proceed with this because this document is very

11     important for me.  It is kind of [indiscernible] to another portion of

12     cross-examination.

13             JUDGE ORIE:  Then with this proviso that the document shown in

14     the original is not in every respect fully and accurately translated

15     mainly, I do understand, in the field of handwritten additions.

16             That is on the back of our mind.

17             Please proceed.  Could you check then now whether this is the

18     document and this is the translation that you'd like to deal with.

19             MR. MIKULICIC:  Yes, I believe it is.

20             JUDGE ORIE:  Yes.  Then let's move on.

21             MR. MIKULICIC:  Thank you, Your Honour.

22        Q.   [Interpretation] Mr. Janic, I apologise for these administrative

23     delays in your testimony, but it is something we are facing every day.

24     There are too many documents and mistakes do happen.

25             This document is something that was issued by the Main Staff 'and

Page 6314

 1     if we look at the last page of the document, which is page 2, we will see

 2     that the document was issued by the chief of the Main Staff, General

 3     Cervenko.

 4             MR. MIKULICIC:  We have a problem again, because this original --

 5     this version in original Croatian text with the ERN number 949 is not the

 6     same that I have, and this is ERN three last digits 091 with a

 7     handwritten text on the bottom left corner.

 8             So, anyway, we could solve the problem, I suggest, by putting --

 9     yes, this one is perfect.  Okay.  Finally.  One more less.

10             Let's proceed.

11        Q.   [Interpretation] Mr. Janic, we can see that the document was

12     signed by Mr. Cervenko, and I would like to draw your attention to the

13     handwritten portion in the lower left corner where it says approved by

14     deputy minister and there is a signature, and I suggest to you that it

15     was Mr. Zjelko Dermanovic [phoen], the deputy minister who signed this.

16             Can you reconfirm that?

17        A.   I agree that this is the signature of the deputy minister of the

18     interior.

19        Q.   We can also see that this order or this document was submitted to

20     the commanders of the areas in Split and Gospic, and now let's go back to

21     the first page of the document.

22             First of all, let's try and locate the time when this document

23     was issued.  If you look at the overall picture of the security situation

24     in the area, and I'm referring to the general area, would you agree with

25     me that this was the time when Grahovo had been liberated in the

Page 6315

 1     neighbouring Republic of Bosnia-Herzegovina?

 2        A.   Precisely so.  Actually, this order preceded the operation,

 3     which, at the moment when it started, we called it Operation Storm; but

 4     up to then, we didn't know that was its name.  And as can you see in the

 5     introductory part of this order, the security situation in the general

 6     area and the threat of Serb attack in Bosnia against the area of Bihac

 7     was the basis for issuing such an order and to launching this operation.

 8        Q.   So we're talking about the context of Operation Storm, and we can

 9     look at it in a general terms.  And the general situation is fighting is

10     that was going on in the neighbouring Bosnia-Herzegovina around the

11     territory of Bihac.  Is that correct?

12        A.   Yes.

13        Q.   And now that we have located the order within a certain

14     time-frame, let's move on to item number 1.  Under 1 in this order, the

15     MUP special forces are ordered to carry out an offensive from the

16     operations based in the area of Mount Velebit and a precise location is

17     described to take control of the area of Mali Golic, Sveti Rok, Gracac,

18     and Prezid.  Then under item 1, what needs to be done is to cut the

19     Gospic-Gracac road between Sveti Rok and Stikada.

20             Mr. Janic --

21             JUDGE ORIE:  These documents, even the content of them, apart

22     from the handwriting, are not the tame, or at least one is not the

23     translation of the other.

24             Could I just take you to, for example, under point 2:  "The

25     operation shall be carried out ..."

Page 6316

 1             You see that?

 2             MR. MIKULICIC:  Yes.

 3             JUDGE ORIE:  Then there follows, in the first phase, apparently

 4     the first "etup"[phoen].  For example, I find in the original a number

 5     "934," which, apparently, is related to Crni Vrh.

 6             MR. MIKULICIC:  Yes.

 7             JUDGE ORIE:  Now I'm trying to find that in the English.

 8             MR. MIKULICIC:  And that is not here.

 9             JUDGE ORIE:  And that is not there.  So the content of this

10     document is not the same, so I have great difficulties with proceeding

11     with this document on the basis that, apart from the handwriting, it

12     would be the same document.

13             Therefore, I suggest that we have an early break now because, for

14     the Chamber - I do understand the importance for you to proceed - but

15     this is just a risky exercise we're doing at this moment.  We are putting

16     questions on one document.  I saw other differences, for example, in the

17     heading where the English says "Zagreb, 29th July 1995"; whereas, the

18     original appears to say that it is the "29th of July, 1995," but

19     at "12.00."

20             So they are not the same.  Even if the differences are minor, the

21     Chamber cannot -- we do not have grip on where differences are.  And if I

22     can already identify a few of the these differences, then we really have

23     to sort out these kind of things, and we can't continue on the basis of

24     the assumption you just made.

25             Ms. Mahindaratne, I am afraid you have a lot to explain, or at

Page 6317

 1     least a lot to settle, and how we will proceed after the break is unknown

 2     to me and will depend highly on what the parties are able to achieve in

 3     the next 25 minutes.

 4             MS. MAHINDARATNE:  Mr. President, if I could just suggest, we

 5     have got notice of 292 documents from the Defence last night; but, if for

 6     instance, Mr. Mikulicic could tell me the exact documents he plans to use

 7     during the next few hours, we could, during this 25 minutes, try to see

 8     that the translations are uploaded.

 9             JUDGE ORIE:  At least you could prioritise those documents.

10             And I take it that you're not revealing any Defence secrets.

11     Ms. Mahindaratne will just look at the numbers, close her eyes, close her

12     ears, and just try to find an administrative solution.

13             MR. MIKULICIC: [Overlapping speakers] ... will put a blanket over

14     the rest of it.

15             JUDGE ORIE:  For the record, what we just saw on our screen was a

16     B/C/S document which was uploaded under 65 ter 01888, and we tried to

17     match it with an English document which was uploaded under 65 ter

18     number 01892.

19             We resume at 10.30.

20                           --- Recess taken at 10.06 a.m.

21                           --- On resuming at 10.39 a.m.

22             JUDGE ORIE:  Before you continue, there are two small issues on

23     which I'd like to provide or seek clarification.

24             The first one is about Prosecution Exhibit P53.  That was marked

25     for identification.  I refer to the transcript pages 1357 and following.

Page 6318

 1     The problem at that time was that it was not uploaded in e-court.

 2             Ms. Mahindaratne, I raise it because you're here and it was

 3     Mr. Flynn's testimony.  We then used another document on the ELMO; and,

 4     finally, it is perfectly clear what the document was.

 5             Now, since then, one way or the other, it disappeared from my

 6     eyes, and it doesn't appear now in the list of admitted exhibits.

 7             Now, it was never admitted, so to that extent that's fine.  It

 8     doesn't appear anymore at all.

 9             P53 is now, again, uploaded.  It is an order dated the 8th of

10     August, 1995, issued by Ivan Cermak, three items.

11             The first one that:  "As of the 8th of August, all UNCRO

12     elements," and that is from 1500 hours, "with clearly displayed insignia

13     may move freely in the areas of Knin and Drnis."

14             And, the third one, I read is that the order takes effect

15     immediately.

16             That document now is again back, it is admitted into evidence,

17     and it is in the system now under P53.

18             MS. MAHINDARATNE:  Thank you, Mr. President.

19             JUDGE ORIE:  That's one issue.

20             Mr. Tieger, there's another matter.  The Chamber had some,

21     although, information that there may be a gap in the testimony to be

22     heard by videolink soon.  If there would be a gap, then I think it would

23     be appropriate that at least the Defence would be informed immediately.

24     I don't know whether there is something to be confirmed in this respect.

25             MR. TIEGER:  I think there is some concrete information we can

Page 6319

 1     provide the Defence, Your Honour, if I can do that at the break, so I --

 2     I avoid any risk of misunderstanding.  I don't think it assists them

 3     appreciably to get to get it now as opposed to an hour from now.

 4             JUDGE ORIE:  Yes.  Well, the Chamber - I don't know exactly by

 5     what means - at least receives information.  It is about Witness 172,

 6     from what I understand.  And it is something that the Chamber considers

 7     that the Defence should know if there's any truth in this.

 8             MR. TIEGER:  No, I quite agree.  And, of course, we had intended

 9     to notify everyone simultaneously.  Had it not been for the flurry of

10     activity that preceded the recent break, I would have done so at the

11     recent break.

12             JUDGE ORIE:  Are we at this moment in an electronic environment

13     in which we could proceed, Mr. Mikulicic?

14             MR. MIKULICIC:  Frankly, Your Honour, I don't know.  We just

15     exchanged information during the break with the Prosecution's office, and

16     we supplied 65 ter numbers of the documents that we intend to use during

17     further cross-examination.  And we were told, maybe Ms. Mahindaratne

18     could explain this, that they are doing their best to resolve the

19     problem.

20             JUDGE ORIE:  Yes.  I have never seen Ms. Mahindaratne doing

21     anything else.

22             But, Ms. Mahindaratne, what's the result.

23             MS. MAHINDARATNE:  Mr. President, we hope that -- that everything

24     will go off.  We have a task force working on it right now.  In fact,

25     they have been working through the break.

Page 6320

 1             JUDGE ORIE:  Let's see.  The proof of the pudding is in the

 2     eating, Mr. Mikulicic, so let's give it a try.

 3             MR. MIKULICIC:  I will proceed with the document that is on the

 4     screen.

 5        Q.   [Interpretation] Mr. Janic, let us now return to what we were

 6     discussing before the break.  We've already mentioned the time-frame work

 7     of this document.  Let's now look at item 1 of the document, which orders

 8     that special forces of the MUP should cut off the road Gospic-Gracac in

 9     the area of Sveti Rok and Stikada.

10             Would you agree with me, Mr. Janic, that this road was one of the

11     vital roads, strategically speaking, in that area at that time, in terms

12     of the defence of the Republic of Serbian Krajina because this road

13     divided the occupied territory which was under the control of the

14     Republic of Serbian Krajina into the northern and southern parts?

15        A.   Absolutely.  The Gracac-Gospic road was one of the key roads;

16     and, in the end, it was one of the objectives of our operation.

17        Q.   Later on, this same road leads on to Otric.  Could you confirm,

18     please, that the same is true of that part of the road?

19        A.   All the roads that were in our area of responsibility were

20     designated as very important and as objectives, so this also referred to

21     the Gracac-Gospic, Obrovac-Gracac, Gracac-Otric, and Gracac-Udbina.  All

22     those roads were designated as strategic communication lines for which it

23     was important to gain control over them.

24        Q.   Why?

25        A.   In order to prevent the enemy to bring in reinforcements during

Page 6321

 1     the operation, in order to break up their defences, and in order to

 2     attain all the objectives of our operation.

 3        Q.   Thank you.  In item 2 of this order, mention is made that the

 4     radio relay installation at Celavac should be taken.  Could you please

 5     describe in a few sentences what type of installation that this was?

 6        A.   The radio relay was a vital significance for the Serbian forces

 7     because all communications of their army were -- went through this

 8     installation, and this is one of the vital strategic objectives that we

 9     had to put under our control in order to break up their communications

10     and, thus, make our operation more feasible.

11        Q.   Item 3, the pass and tunnel at Prezid.  Could you please describe

12     briefly what the significance of these was and -- for the operation, and

13     also how important it was for the enemy forces, the army of the Republic

14     of Serbian Krajina?

15        A.   In Operation Storm, this particular area, the Celavac and the

16     tunnel and pass at Prezid, were, in fact, in the -- on the axis of our

17     operation, and I can speak of it.  These were strategic points.  The pass

18     and the tunnel at Prezid, this is the southern part of Mount Velebit.

19     And, from this area, you could control the communication in the areas to

20     the south of Velebit, in the area of Obrovac.  And to the north, you

21     could have control over the Gracac area, the area towards Gracac.

22             So it was a strategically important point because it enabled

23     control over -- an oversight of the entire territory there.  So it was a

24     strategic objective, a strategic goal.

25        Q.   Thank you.  Now, was it to be expected that these strategic

Page 6322

 1     points would be defended by the army of the Republic of Serbian Krajina

 2     and that they were very much reinforced and fortified?

 3        A.   As I mentioned earlier, the special police staff and the group

 4     that was preparing the operation, after receiving from the army and the

 5     intelligence service a full intelligence snapshot of the deployments of

 6     the enemy in that area, including at Celavac and Prezid, we knew very

 7     well, we were clear, and we had clear information that later -- as it

 8     later turned out were very correct.

 9             We even had aerial photos where you could see the deployment of

10     the first line of defence of the enemy, which was on Mount Velebit, and

11     also the second line, which was in front of the Celavac pass and tunnel.

12     So there were two defence lines.  They were fortified and defended with

13     artillery.

14        Q.   So there was a lot of fighting, fierce fighting in this area.  Is

15     that correct?

16        A.   I can confirm that.  On their forward defence line, at the

17     Mali Alan pass, was the strongest fortification of the Serbian defence,

18     and this was on the axis of our operation, of my operation, my mission.

19     There were tens of fortified bunkers and artillery positions; and this is

20     the area where a few days before Operation Storm, they had pulled in a

21     lot of artillery and heavy artillery pieces.  And in our area of

22     responsibility, this was the area where the fiercest fighting occurred,

23     and we suffered a lot of casualties.

24        Q.   In item 4, order is issued to connect, to link up with the forces

25     of the Split ZP, and order is made that -- an order is given that --

Page 6323

 1             THE INTERPRETER:  Could the counsel please repeat the place

 2     names.

 3             JUDGE ORIE:  Mr. Mikulicic, could you please repeat the place

 4     names.

 5             MR. MIKULICIC:  I will repeat, yes, Your Honour.

 6             So this is Jasenica, J-a-c-e-n-i-c-a; then Zaton, Z-a-t-o-n; then

 7     Muskovci, M-u-s-k-o-v-c-i; and then Prezid, P-r-e-z-i-d.

 8             Could I proceed?  Okay.

 9        Q.   [Interpretation] Further on, in item 2, the order is given to

10     carry out this operation in two stages in a total of three days.

11     Following this, more detail is given about the first stage, and it says

12     that tactical surprise should be brought about by bringing in strong

13     forces and strong artillery reinforcements, and that the front line --

14     the line should be -- a certain line should be reached.

15             Perhaps you could describe briefly what the role of artillery

16     support was, and how did that fit in with the operations?

17        A.   Within the framework of Operation Storm, the special police had

18     their own artillery that was deployed along the axis of attack, and the

19     use of this artillery was twofold.  Because the lie of the land was very

20     difficult and our positions were below the Serbian defence positions in

21     that area, it was impossible to attain the objectives of our operation

22     without the use of artillery.  So that in the first stage of the

23     operation, as soon as the operation was launched at 5.00 a.m. on the

24     4th of August, our artillery, the artillery of the special police, struck

25     the previously defined targets of the enemy in the area of Velebit,

Page 6324

 1     targets that were on their first lines of defence, and the enemy

 2     artillery that was deep in the rear of their positions.  That was one way

 3     that our artillery was used in the operation.

 4             And the other employment -- the other type of employment was that

 5     when we commanded on certain axes of attacks and when we would reach a

 6     certain point which we could not capture without artillery support, I, as

 7     commander of the main axis of attack in this case, would call the

 8     artillery commander or the Chief of Staff, provide the targets, give

 9     their -- identify the targets, provide their coordinates to our forces.

10     So our artillery forces were used in this way only.

11             MR. MIKULICIC: [Interpretation] Could we now see the second page

12     of this order where the second stage is described of this operation.

13        Q.   It is ordered that, by bringing in the main forces, the attack

14     should continue until a certain line is reached and then place names are

15     given there.  And under 1, it says that the radio relay installation at

16     Celavac should be ceased.  We have already mentioned this.  So the pass

17     and the tunnel at Prezid should be captured.  We have also mentioned

18     that, and that they should link up with the forces of the 9th Guards

19     Brigade.

20             In item 3, it says that the remainder of the forces should be

21     employed for an act of defence; and in the event of a positive tactical

22     situation, they should carry out an offensive in order to endanger the

23     Medak-Sveti Rok road.  This what the road that we mentioned before, the

24     one leading from Gracac to Gospic.  Correct?

25        A.   Yes.

Page 6325

 1        Q.   In item 4, it says that during preparations and conduct of combat

 2     operations, work should be coordinated with the command of the Split ZP

 3     and the Gospic ZP Military District.

 4             Tell us briefly, what was the relationship or what was the role

 5     of the special police unit with -- and what was their connection or their

 6     relation with these two Military Districts?

 7        A.   The special police in this operation coordinated their work with

 8     these areas -- with these Military Districts because we had our own area

 9     of responsibility.  To the left, we had Gospic; and to the right, we had

10     the area of responsibility of Split.  So the forces on the left and right

11     flanks of us had to coordinate this operation, and we coordinated our

12     work throughout the operation.

13        Q.   Did the special police forces, at any point in time, were they in

14     a position to carry out the commands or orders either from the Military

15     District of Split or that of Gospic?

16        A.   As far as I know, we carried out the orders of the Main Staff of

17     the Croatian army, exclusively the Main Staff.

18        Q.   In item 5, it is ordered that the forces would carry out the task

19     by -- must be ready by 1st August 1995, at 0400 hours.

20             MR. MIKULICIC: [Interpretation] Could we please have this

21     document assigned a number, once a translation -- the proper translation

22     is provided.

23             JUDGE ORIE:  So I then take it that we worked on the basis of the

24     B/C/S version and that the right translation still has to be found, to be

25     attached.  Under those circumstances, I would suggest that we mark the

Page 6326

 1     B/C/S version which apparently was 01888.

 2             MR. MIKULICIC:  Yes.

 3             JUDGE ORIE:  Mark that for identification.  And the Chamber would

 4     like to be informed explicitly and also would like see hard copies of at

 5     least this document, so that we can satisfy ourselves that we're dealing

 6     with the right document.

 7             Mr. Registrar.

 8             THE REGISTRAR:  Your Honours, that becomes Exhibit number D543,

 9     marked for identification.

10             JUDGE ORIE:  Thank you, Mr. Registrar.

11             MR. MIKULICIC: [Interpretation]

12        Q.   In preparation for the operation --

13             MR. MIKULICIC: [Interpretation] And can we please have document

14     02164.

15        Q.   In preparation for the operation, the joint special police forces

16     need to be properly trained.  Isn't that true?

17        A.   Absolutely.

18        Q.   We see the document on our screens now, which is dated 30th of

19     July, 1995.  It was sent by Mr. Mladen Markac to the chief of Main Staff

20     of the Croatian army, asking for reinforcement and assistance for special

21     police forces by placing at their disposal one ME-8 helicopters, two

22     helicopters with crew as well, and to approve the use of another

23     helicopter for the period of six days.  The purpose was to ensure

24     continuing logistical support due to the configuration of the ground at

25     Velebit.

Page 6327

 1             As far as you can remember, did you get these helicopters?

 2        A.   Yes, we did.

 3        Q.   If you look at page 2 of this document, we can see that the

 4     special police sector had problems with their own helicopters because

 5     some of them had to be repaired and others were damaged, and that was the

 6     reason why this request was sent to the Main Staff.  That's correct?

 7        A.   Yes, that was precisely the case.

 8             MR. MIKULICIC: [Interpretation] Can I please have the number for

 9     this document.

10             MS. MAHINDARATNE:  No objection.

11             JUDGE ORIE:  Mr. Registrar.

12             THE REGISTRAR:  Number D544, Your Honours.

13             JUDGE ORIE:  D544 is admitted into evidence.

14             MR. MIKULICIC: [Interpretation] Can we now see document 02159,

15     please.

16        Q.   In addition to the replenishment procedure with these

17     helicopters, Mr. Markac, on the same date, 30th of July, requested

18     ammunition replenishment and other necessary material required for the

19     carrying out of the operation.  We're going to see this right now on the

20     screens.  What is requested here are rockets, shells, all kinds of

21     ordnance and ammunition.

22             As far as you can remember, was that the way how the joint forces

23     were supplied with appropriate equipment?

24        A.   Yes, I can confirm that.  I remember this request which helped

25     reinforce our forces.  Our assessment of the logistical support

Page 6328

 1     necessitated this kind of replenishment.

 2             MR. MIKULICIC: [Interpretation] Mr. Registrar, can I please have

 3     a number for this document.

 4             MS. MAHINDARATNE:  No objection.

 5             JUDGE ORIE:  Mr. Registrar.

 6             THE REGISTRAR:  Exhibit number D545, Your Honours.

 7             JUDGE ORIE:  D545 is admitted into evidence.

 8             MR. MIKULICIC: [Interpretation]

 9        Q.   Earlier you mentioned -

10             MR. MIKULICIC: [Interpretation] And in the meantime, if we could

11     please have document 00811 pulled up on our screens.

12        Q.   You mentioned that certain intelligence was gathered about the

13     enemy that was to be targeted by this operation.

14             We're now going to see a document issued by the internal control

15     department of the special police sector, which precisely speaks about

16     their continuing reconnaissance missions and gathering of information and

17     intelligence.

18             In the second paragraph, it says:  In my regular contacts with

19     Mr. Vranjkovic in the village of Modric where we reviewed the situation

20     related to reconnaissance by our units in the Velebit area (our zone of

21     responsibility), I received regular reports gathered from our

22     reconnaissance and operations groups, and I forwarded summaries thereof

23     to the commander of our joint forces, Mr. Zdravko Janic."

24             Mr. Janic, do you recall that this was the methodology applied in

25     preparation in terms of intelligence work?

Page 6329

 1        A.   Exactly so.  Our intelligence department, or internal control,

 2     gathered intelligence; and as you can see from this report, he conveyed

 3     this information to me as the commander of the joint forces in order for

 4     me to have access to all the information in the event of any operation

 5     being launched.

 6        Q.   Are we talking now about Mr. Miljenko Vranjkovic from the

 7     internal control department?

 8        A.   Yes, that is our deceased colleague Mr. Vranjkovic.

 9        Q.   You knew him very well?

10        A.   We closely cooperated since the early 1990s until the late 1990s

11     until he was killed.

12             MR. MIKULICIC: [Interpretation] Can I please have a number for

13     this document.

14             MS. MAHINDARATNE:  No objection.

15             JUDGE ORIE:  Mr. Registrar.

16             THE REGISTRAR:  Your Honours, this becomes Exhibit number D546.

17             JUDGE ORIE:  D546 is admitted into evidence.

18             MR. MIKULICIC:  To save some time, Your Honour, I have a couple

19     of documents that are on the very same subject as this one, and maybe we

20     could just briefly go through them and tender into the evidence.

21             JUDGE ORIE:  Is it your intention to tender them from the bar

22     table?  Is Ms. Mahindaratne informed about which documents they are?

23             MR. MIKULICIC:  No.  No, she is not.

24             JUDGE ORIE:  She is not.  Well, then, you may have to go through

25     it very briefly.  Of course, if you tender them from the bar table, of

Page 6330

 1     course, you could still do that, but then, of course, you're at risk that

 2     there comes an objection.  And if you inform Ms. Mahindaratne well in

 3     advance, then, of course, she could make up her mind.

 4             MR. MIKULICIC:  I will go very briefly through the documents.

 5             [Interpretation] Can we now please have document 01885.

 6        Q.   Another document issued by the internal control dated 29th of

 7     July.  It says that the UN forces were on a red alert, that the enemy has

 8     fortified the forward line and having carried out defensive engineer work

 9     and planted mines, that these reports have been presented to you, and

10     that there is panic among enemy ranks because of the successes of the

11     Croatian army in Bosnia.

12             Mr. Janic, did you have, at the time, any information that the

13     army of the -- of the Serbian Republic of Krajina that there was an

14     imminent attack prepared by the army of the Republic of Croatia?

15        A.   Already at that time, and that was the 29th of July, it was

16     obvious that both sides were going to face a decisive movement

17     particularly as a result of the success of the Croatian army in the

18     operations in Bosnia, which had a great strategic impact on the position

19     of the Serbian forces in the so-called Serbian Krajina.

20             Their position and -- their defence positions were considerably

21     weakened as a result of our operations in Bosnia, and it was clear to

22     everyone that the moment was approaching due to these tactically

23     favourable circumstances for Croatia to probably undertake an operation

24     for the liberation.

25             MR. MIKULICIC: [Interpretation] Can I please have a number for

Page 6331

 1     this document.

 2             MS. MAHINDARATNE:  No objection.

 3             JUDGE ORIE:  Mr. Registrar.

 4             THE REGISTRAR:  Exhibit number D547, Your Honours.

 5             JUDGE ORIE:  D547 is admitted into evidence.

 6             MR. MIKULICIC: [Interpretation] Can we please now have the

 7     document 02192 pulled up.

 8        Q.   In line with what you just told us, Mr. Janic, we have another

 9     document from the internal control dated the 3rd of August, which is

10     practically just immediately before the operation.

11             It seems that the Serbian army has started fortifying their

12     positions; and that during the day, it was observed that a convoy with

13     19 trucks and six buses with around 300 troops, a tank, five mortars,

14     a truck with mounted mortars, two field kitchens, four field guns, and an

15     ambulance were travelling.

16             The internal control also noticed -- the internal control of the

17     special police also noticed that in the area of Gracac, buses with some

18     50 troops were seen heading southwards, and a truck full of ammunition.

19     Their destination was Mali Alan where 60 troops and another vehicle with

20     some 12 troops were seen.

21             It also says, here, that in the area of Korenica in the south,

22     also movements of trucks with tarpaulin were noticed, with troops, and

23     two T-55 tanks, one armoured personnel carrier, and a convoy of 12 buses

24     with between 400 and 500 soldiers.

25             This information clearly indicates that the army of the Republika

Page 6332

 1     Srpska [as interpreted] was receiving reinforcement both in manpower and

 2     in equipment.

 3             Can you confirm that?

 4        A.   Yes.  We had this intelligence, and we had this information as

 5     stated here.  We even had more information.  In the two days preceding

 6     Operation Storm, the Serbs had fortified their positions and brought in

 7     artillery and tanks; therefore, it was obvious that they had a hunch of

 8     what our intentions were and that we were going to launch an operation

 9     for liberation.

10        Q.   Thank you.

11             MR. MIKULICIC: [Interpretation] Can we please have a number for

12     this document.

13        Q.   Mr. Janic, just one piece of advice.  If I don't ask you for a

14     broader explanation, please keep your answers brief because we are time

15     pressed.

16             MS. MAHINDARATNE:  No objection, Mr. President.

17             JUDGE ORIE:  Mr. Registrar.

18             THE REGISTRAR:  Your Honours, this becomes Exhibit number D548.

19             JUDGE ORIE:  D548 is admitted into evidence.

20             I have, however, one issue, yes.

21             I heard in the translation that you said that it was an

22     indication that the army of the Republika Srpska [as interpreted].

23     That's what I heard.  But I know see in the transcript that something is

24     missing, so I take it that you were referring to the army of the Republic

25     of Serbian Krajina.

Page 6333

 1             MR. MIKULICIC:  Yes, I did, Your Honour.

 2             JUDGE ORIE:  Thank you.  Please proceed.

 3             MR. MIKULICIC: [Interpretation] Can we please now have document

 4     03515, please.

 5        Q.   This is another document issued by the internal control

 6     department compiled on the 28th June, 1995, which means that was before

 7     the operation itself was launched.

 8             It deals, in a way, with what kind of forces the army of

 9     Republika Srpska [as interpreted] has at its disposal.  It was addressed

10     to General Cermak and to the chief of the sector, later the chief of the

11     staff of special police, Zeljko Sacic.  This is an intelligence

12     assessment of the enemy forces in the area of responsibility of the joint

13     police forces in the area of Velebit on the eve of the forthcoming

14     operation, which was aborted, as we had said before.

15             We're not going to go through the entire document now.  I would

16     just like to draw your attention to the table on page 2, which shows the

17     strength and the equipment that the enemy can potentially engage in the

18     area of responsibility of special police.  The anticipation is around

19     1.000 troops, 15 tanks and nine APCs, and a number of artillery guns,

20     which, due to unclear reasons, is not indicated in the last column.

21             If we now move to page 3 of this document, we will see that these

22     forces could later be reinforced by bringing another 880 troops,

23     12 tanks, six APCs, and 15 artillery guns, two of which would be multiple

24     rocket launchers.  It also says that the enemy forces carrying out

25     defence operations on the Sveti Alan-Mali Rok --

Page 6334

 1             THE INTERPRETER:  Could the counsel please repeat the number of

 2     weapons in the last section.

 3             JUDGE ORIE:  Yes.  Please repeat the number at the request of the

 4     interpreters.

 5             Please proceed.

 6             MR. MIKULICIC:  Yes.  Okay.

 7        Q.   [Interpretation] So the last table anticipates that the enemy on

 8     the Sveti Rok-Mali Alan defence line may deploy 620 troops, nine tanks,

 9     six APCs, and nine artillery guns.

10             And, finally, there is mention of the possibility that the enemy,

11     which is the army of Serbian Krajina, can expect to have air support from

12     MiG-21 and J-21 aircraft, as well as from Gazelle helicopters.

13             Mr. Janic, this data depicts an intelligence situation which

14     later turned out to be rather accurate?

15        A.   I can confirm that this intelligence analysis was correct.

16             MR. MIKULICIC: [Interpretation] Can we please have a number for

17     this document.

18             JUDGE ORIE:  Ms. Mahindaratne.

19             MS. MAHINDARATNE:  No objection.

20             JUDGE ORIE:  Mr. Registrar.

21             THE REGISTRAR:  Exhibit number D549, Your Honours.

22             JUDGE ORIE:  D549 is admitted into evidence.

23             Nevertheless, I have one question to you, Mr. Mikulicic, which is

24     the following.

25             MR. MIKULICIC:  Yes.

Page 6335

 1             JUDGE ORIE:  You said that something was missing in one of the

 2     tables for unknown reasons to you, which tends to be giving evidence that

 3     what is not in the table nevertheless was there.  What's the basis for

 4     that?

 5             MR. MIKULICIC:  Well the basis is that on the table on page 2,

 6     the first line says that there are nine cannons, guns.  The line 2 says

 7     there are nine and line 3 says there is are nine, but all together there

 8     is not specific number, and I counted 3 times 9 is --

 9             JUDGE ORIE:  Is 27.

10             MR. MIKULICIC: -- is 27, yes.

11             JUDGE ORIE:  Yes.  And could you take me back to the portion

12     where you said you found the basis.  That's on page?

13             MR. MIKULICIC:  It is on page 2 of the document --

14             JUDGE ORIE:  Yes.  Now, I have --

15             MR. MIKULICIC: -- on the bottom of the page.

16             JUDGE ORIE:  I'm looking at this moment at the English

17     translation.  Could you --

18             MR. MIKULICIC:  Okay.  The English translation is there, page 4.

19             JUDGE ORIE:  Page 4.  Let me just check that.

20             Where do you then find that there should be another number?

21             MR. MIKULICIC:  Well, it says that the 9th Motorised Brigade of

22     the 1st Battalion --

23             JUDGE ORIE:  Oh, for the total, you mean?

24             MR. MIKULICIC:  Yes, for the total.

25             JUDGE ORIE:  Yes, yes.  I now see what you --

Page 6336

 1             MR. MIKULICIC:  Obviously, someone who is writing this table --

 2             JUDGE ORIE:  Has forgotten to add them up.

 3             MR. MIKULICIC:  Yes, yes.

 4             JUDGE ORIE:  Yes.  Thank you.

 5             Please proceed.

 6             MR. MIKULICIC: [Interpretation] Could we see document D5-2-0,

 7     520.

 8        Q.   We now had a look at document that the intelligence assessment of

 9     the department of the internal control of the special police, and you

10     said that, in fact, this assessment proved to be reliable.

11             Now we can see a document before us that comes from the archives

12     of the enemy, the enemy's archives, the army of the Serbian Krajina.  It

13     is a combat report dated 9th of August, 1995.  The commander forwarded

14     this to the 7th corps commander, Captain First Class Radivoj Paravanja.

15     And in this document, events are described, as well as the forces that

16     the army of the Republic of Serbian Krajina had engaged in combat that

17     commenced on the 4th of August at 5.00 in the morning.

18             I don't want to go through the entire document, but I would like

19     to draw your attention to page 2 of this document, where it is stated --

20     or where reference is made to the equipment that was withdrawn from the

21     combat area.  It also mentions equipment that was left there, equipment

22     destroyed, and so on and so forth.

23             In item 2, it says that equipment was withdrawn, and hen you have

24     Howitzers, 76-millimetre guns, 76-millimetre gun ZIS mortar, light rocket

25     launcher, 128-millimetre light rocket launcher, 82-millimetre mortar.

Page 6337

 1             And then under item 2.2, reference is made to the equipment left

 2     in the field.  We have heard evidence according to which certain military

 3     equipment was noticed by UN observers.  It had been left in the direction

 4     of Srb in Bosna [as interpreted].  Then reference is made to tanks APCs,

 5     to an artillery piece.

 6             In 2.3, reference is made to destroyed equipment or ordnance,

 7     three artillery pieces or guns; 2.4 refers to other kinds of military

 8     equipment; and item 2.5 refers to depots, ammunition depots:  An

 9     ammunition depot in Krupa which was destroyed; quarter master depot in

10     Zegar that was destroyed in combat; a depot on Velebit also destroyed.

11     And then in Zegar, there was a hospital.

12             Mr. Janic, do you know anything about depots that were found on

13     your axis of action and that belonged to the former army of the Republic

14     of Serbian Krajina?

15        A.   Yes.  There were warehouses in my direction of action, and in the

16     course of the operation there were destroyed.

17        Q.   Very well.  We can move on.

18             MR. MIKULICIC: [Interpretation] Could we now see 01641.

19             I hope there won't be any problems with the version of the

20     document -- with this version of the document.  It is a document dated

21     5th of August, issued by the chief of the Main Staff, Zvonimir

22     Cervenko --

23             JUDGE ORIE:  Mr. Mikulicic, the previous document we saw --

24             MR. MIKULICIC:  Was already admitted.

25             JUDGE ORIE:  Yes.  I remember that I have seen it, but you have,

Page 6338

 1     as far as -- did you refer to the exhibit number?

 2             MR. MIKULICIC:  Yes, I did.  Exhibit number D520.

 3             JUDGE ORIE:  Yes, I see, yes.  I apologise for not being

 4     attentive enough.

 5             Please proceed.

 6             MR. MIKULICIC: [Interpretation]

 7        Q.   This document which is up on the screen is an order from General

 8     Cervenko dated the 5th August, and this order refers to the continuation

 9     of combat in D Plus 1.  That is the second day of the operation.  Isn't

10     that correct?

11        A.   Yes, that's correct.

12        Q.   So, here, the order is that the combat, on the 5th of August,

13     must commence in accordance with the orders and decisions of the military

14     positions, posts, or districted.

15             "HRM," that is an abbreviation for the Croatian navy?

16        A.   Yes.

17        Q.   "HRZ" is an abbreviation for the Croatian air force?

18        A.   Yes.

19        Q.   "JB," could you help me with that, please.  Perhaps that means

20     the southern battlefield?

21        A.   Perhaps.  I'm not familiar with such an abbreviation, though.

22        Q.   And it also refers to special MUP units?

23        A.   Yes.

24             MR. MIKULICIC: [Interpretation] We'll now move on to page 2,

25     item 3.5.

Page 6339

 1        Q.   This is an order that refers to the MUP Special Units, and the

 2     order is that an energetic attack and manoeuvre should be launched to

 3     seize the settlement of Gracac?

 4        A.   That's right.

 5        Q.   And, later, we will see that this was attained.  We will go into

 6     more detail later.

 7             MR. MIKULICIC: [Interpretation] Could we have a number for this

 8     document, please.

 9             MS. MAHINDARATNE:  No objection.

10             JUDGE ORIE:  Mr. Registrar.

11             THE REGISTRAR:  Exhibit number D550, Your Honours.

12             JUDGE ORIE:  D550 is admitted into evidence.

13             MR. MIKULICIC:  I'm sorry.  We're just checking translation, Your

14     Honour.  I think there has been some misunderstanding.  Mr. Misetic

15     reminds me that in the English translation the abbreviation "JB" was

16     translated as "javna bezbednost," which means public security.  And this

17     is obviously not the abbreviation in this document, but we could check it

18     afterwards, not to spend much time.

19             JUDGE ORIE:  Please do so.  And if there is any need to have the

20     translation to be corrected, please, after having consulted with the

21     Prosecution, to --

22             MR. MIKULICIC: [Overlapping speakers] ... not to waste time.

23             JUDGE ORIE:  Yes, please.

24             MR. MIKULICIC: [Interpretation] Can we see P583 on the screen.

25        Q.   Mr. Janic, we'll seen have this document up on the screen.

Page 6340

 1     Mr. Markac issued this document in the staff in the command Seline.

 2             Just an introductory question.  The headquarters -- the Seline

 3     headquarters is mentioned as the place where this was issued.  Can you

 4     tell us what this is about, please, very briefly?

 5        A.   Yes.  There was a HQ in Seline, and General Markac was there.

 6     The operations HQ that conducted operations in the tactical sense said

 7     the direct conduct of operations was conducted from HQ in Velebit itself.

 8     So that would be the main HQ, but the main operations HQ was on Velebit.

 9     That's where operations in the field in the tactical sense were conduct

10     the from.

11        Q.   And an additional explanation.  Where is Seline?

12        A.   It at the foot of Velebit.  It is to the south of Velebit on the

13     southern side of Velebit, in fact.

14        Q.   Very well.  So this was forwarded to the chief of the Main Staff.

15     It was a report on lines that had been attained by the collective forces

16     of the special police.  And it says that on the 5th of August at 5.00,

17     these joint forces commenced with artillery preparations and started

18     targeting Seline, Gracac, Lovinac, Velika, and Mali Zuljine and the depth

19     of the territory.

20             And afterwards at 8.00, these joint forces liberated Lovinac.  At

21     9.30, they seized dominant elevations around Gracac and created the

22     preconditions for liberating Gracac by carrying out a manoeuvre around

23     Resnick.  At the time, by using forces of the strength of one battalion

24     they break up the second enemy line on Velika and Mali Zuljine.  And

25     preconditions were created to advance in the direction of the Celavac

Page 6341

 1     facility.  At the same time, enemy forces were driven back along the

 2     Sveti Rok-Papuca axis.

 3             Mr. Janic, as far as direction towards Celavac is concerned, you

 4     said that was your direction.  Can you confirm that?

 5        A.   Yes.  I can confirm the precision of this report with regard to

 6     the lines attained, and I can also confirm the reliability of this

 7     information since I was in command of that battalion that attained the

 8     second enemy line at Velika and Mali Zuljine.  So I can personally

 9     confirm this.

10             MR. MIKULICIC: [Interpretation] Could we please see P584.

11        Q.   This document is a similar one.  On the 5th of August, Mr. Markac

12     reported to the chief of the Main Staff and informed him of the fact that

13     by 11.30, special police forces on the 5th of August took full control of

14     Gracac; and by 12.00, took control of the facilities Celavac and Prezid.

15             Furthermore, it is stated that on that day, on the 5th of August,

16     they attained the Drenova Glava-Korac-Ajdukovic line.  The report also

17     states that they, thus, fully carried out the task assigned to the joint

18     forces of the special police, and forces were being regrouped.  And these

19     forces, in accordance with your order - reference is made to the chief of

20     the Main Staff, to whom this report was forwarded - it is said that with

21     these forces, they would continue with the attack on the main

22     Gracac-Bruvno axis and on the other auxiliary axis, Gracac-Malivan.  And

23     logistical was being provided to units.

24             Can you confirm that these dates and these periods of time are

25     correct?

Page 6342

 1        A.   Yes.  I can confirm that the time of dates and the information

 2     that this report contains is precise.

 3        Q.   Thank you.

 4             JUDGE ORIE:  Mr. Mikulicic, we are now looking at P584, isn't it.

 5             MR. MIKULICIC:  Yes.

 6             JUDGE ORIE:  Yes.  Now, the witness testified it was an accurate

 7     report.  What is the use exactly of going through it again, and then

 8     asking whether the details in there are correct?  He already said that it

 9     was an accurate report.  Similar thing about 583.

10             MR. MIKULICIC:  Yes.  I would just like to emphasise the specific

11     time-frame in which the part of the operation has been conducted, and

12     that it refers to some position of the defence as it regards to events

13     that were follow-up.

14             JUDGE ORIE:  Yes.  But on the basis of what the witness

15     testified, I mean, we're not here to seek further emphasis by witnesses.

16     This is an clear, a clear statement he said:  "Is that a correct and

17     accurate report."  "Yes, it is."

18             So, therefore, we know that the witness considers this is to be

19     accurate information.

20             MR. MIKULICIC:  Okay.  I maybe go into unnecessary details.  I

21     will take your guidance, Your Honour.

22             JUDGE ORIE:  Please proceed.

23             MR. MIKULICIC:  Thank you.

24             [Interpretation] Could we now see 02008, which is a 65 ter

25     document.

Page 6343

 1        Q.   We will soon see an order issued by General Cervenko dated the

 2     6th August, in which the operation borders or operative limits of the

 3     area of responsibility are being determined between Military Districts,

 4     and the following is stated.

 5             When reference is made to competence or responsibility for

 6     Military Districts, would you agree that one is dealing with a military

 7     and territorial responsibility?

 8        A.   Yes.  So this is a division of Military Districts in -- in an

 9     administrative sense.  It has to do with a territorial responsibility.

10        Q.   Very well.  In item A, an order is issued.  And it says that

11     between the Split Military District and the Gospic Military District, the

12     dividing line should be represented by Mali Alan, Gracac, Velko Sedlo,

13     Medjedak, and the Una railway station.  This includes the Split Military

14     District.

15             MR. MIKULICIC: [Interpretation] Could we have a number for this

16     document, please.

17             MS. MAHINDARATNE:  No objection.

18             JUDGE ORIE:  Mr. Registrar.

19             THE REGISTRAR:  Your Honours, this becomes Exhibit number D551.

20             JUDGE ORIE:  D551 is admitted into evidence.

21             Please proceed.

22             MR. MIKULICIC:  Thank you.

23             [Interpretation] Can we see D281 --

24             THE INTERPRETER:  Interpreter's correction:  280.

25             MR. MIKULICIC: [Interpretation]

Page 6344

 1        Q.   We will now see a map, Mr. Janic.  It will take a little time for

 2     it come up on the screen.  This is a map that has already been admitted

 3     into evidence in this case.  And, in fact, it represents the dividing

 4     lines between the Split and Gospic Military Districts, and this has been

 5     marked in blue.

 6             Could you confirm that we are, in fact, dealing with areas where

 7     operations were conducted, and can you tell us in which areas the special

 8     police units were engaged in operations, with reference to this map,

 9     naturally?

10        A.   Yes, I understand.  I'll just have a quick look at the map.

11             Yes.  Most of the special police operations followed the

12     Velebit-Gracac axis.  That was a strategically important cross-roads at

13     the village of Bruvno in the direction of Donji Lapac -- or rather, the

14     state border by Kulen-Vakuf.

15             So that was the entire axis of action for the special police

16     unit.  Mostly, they were present in the area of responsibility of the

17     Military District of Gospic.

18        Q.   Thank you.  We will go into more detail a little later on with

19     regard to this.

20             MR. MIKULICIC: [Interpretation] Could we now see 01974, please.

21        Q.   What we will see now is an order from General Cervenko relating

22     to combat operations on the third day of the operation, which means

23     D Plus 2.  The order is dated 6th August 1995, and I would like to refer

24     you to item 2, the last paragraph.

25             MR. MIKULICIC: [Interpretation] Could you please scroll down the

Page 6345

 1     Croatian version.  Thank you.

 2        Q.   Item 2, last paragraph, also in the English version, where it

 3     says that parts of forces should capture Udbina from the direction of

 4     Ljubovo and continue their attack with the participation of the special

 5     units of the MUP, in order to capture Donji Lapac and reach the border

 6     between the area of Medjedak railway station at the Una river.

 7             So this refers to the Gospic area, and that is just what you told

 8     us about, isn't it?

 9        A.   That's correct.

10        Q.   Item 3, on page 2 of the English version, relates to the special

11     units of the MUP, and it is stated here --

12             MR. MIKULICIC: [Interpretation] Let's wait for the English

13     version.  Let's wait for the Croatian version, that as on page 2.  I can

14     see that the English version is already all right.  Now we have the

15     second page of the B/C/S -- Croatian version as well.

16        Q.   It says here that the special MUP units, once they have captured

17     the Bruvno and Malovan passes, should continue along the axis -- in the

18     direction of Donji Lapac and capture the area, in coordination with the

19     forces from the Military District of Gospic on the left flank and the

20     forces of the Military District of Split on the right flank.

21             This is consistent with what you know about this operation, isn't

22     it?

23        A.   Fully.

24             MR. MIKULICIC: [Interpretation] Could we please have a number

25     assigned to this document.

Page 6346

 1             MS. MAHINDARATNE:  No objection.

 2             JUDGE ORIE:  Mr. Registrar.

 3             THE REGISTRAR:  Exhibit number D552, Your Honours.

 4             JUDGE ORIE:  D552 is admitted into evidence.

 5             MR. MIKULICIC: [Interpretation] Could we have 65 ter 01949.

 6        Q.   We will now see an order by General Cervenko relating to

 7     D Plus 3, in other words, the fourth day of Operation Storm.  The order

 8     is dated 6 August 1995?

 9             In item 1, it is ordered that, by 1800 hours, the entire

10     territory should be captured and the state border reached as ordered

11     earlier.

12             In item 2, it says that the commanders of the Split and Gospic

13     Military Districts and the commander of special units of the MUP are

14     duty-bound to coordinate the time of attack on the axis indicated, and

15     that they should file a report on it and report to the Chief of Staff

16     himself promptly.

17             Mr. Janic, this order was carried out, as far as you can recall,

18     correct?

19        A.   Yes, it was carried out.

20             MR. MIKULICIC: [Interpretation] Could we please have a number for

21     this document.

22             MS. MAHINDARATNE:  No objection.

23             JUDGE ORIE:  Mr. Registrar.

24             THE REGISTRAR:  Exhibit number D553, Your Honours.

25             JUDGE ORIE:  D553 is admitted into evidence.

Page 6347

 1             Could I ask you, Ms. Mahindaratne, to what extent is there any

 2     dispute, as far as you are concerned, about whether these were the orders

 3     given in Operation Storm and that Operation Storm developed --

 4             MS. MAHINDARATNE:  None, Mr. President.

 5             JUDGE ORIE:  -- in accordance with those orders and those lines.

 6             MS. MAHINDARATNE:  None, Mr. President.

 7             JUDGE ORIE:  Then, Mr. Mikulicic, I am asking myself what we're

 8     doing.  Of course, I see the importance of knowing who was there, of

 9     course, mainly, and in terms of locations where crimes allegedly were

10     committed, and what the command structures were.

11             But I think we go now in quite some detail as the development of

12     the military operation, which, of course, is not without relevance, but

13     it is not the core of this case.  This case is not about how well or how

14     badly or how, what, to some extent, how organised Operation Storm

15     developed.

16             But the details on who was instructed to go to what cross-roads

17     and whether they were successful in getting the cross-roads, and then

18     move on the next day, of course, we spend a lot of time on that.  Just as

19     we spent, for example, a lot of time on reading all of the names of

20     people who were assigned.  I will never hear perhaps of those people

21     anymore.

22             Let's try to focus on what really is the core of the case and

23     what this witness could bring in that respect.

24             Please proceed.

25             MR. MIKULICIC:  Yes, Your Honour.  I will, of course, follow your

Page 6348

 1     guidance, but just to stress that this witness is probably the only one

 2     who could explain from a very authorative position that, while he was

 3     part of this operation, how it was conducted.

 4             So we are trying --

 5             JUDGE ORIE:  Yes.  But we have the documents and Ms. Mahindaratne

 6     says it is not in dispute.  So, of course, you can repeat that.

 7             Please proceed.

 8             MR. MIKULICIC:  Okay.  Thank you, Your Honour.  Thank you.

 9             [Interpretation] Could we now please pull up document P585.

10        Q.   This is a report submitted by Mr. Markac to the Chief of Staff,

11     where he describes how the operations line was attained and the operation

12     carried out.  And what I would like to know, from this document, is about

13     the areas of Donji Lapac and Gornji Vakuf.

14             It says here that in the early morning hours, on the 7th of

15     August, the special police left Bruvno towards Udbina where it linked up

16     with the forces of the 9th Brigade.

17             That is in Gospic, isn't it?

18        A.   Correct.

19        Q.   And that those special police forces at 1900 hours captured

20     Kulen-Vakuf and deployed on dominant features.  Is that correct?

21        A.   That's correct.

22             MR. MIKULICIC: [Interpretation] Could we now move on to the next

23     page.

24        Q.   When they reached Kulen-Vakuf and took up dominant positions,

25     this practically meant that the special police have completed their

Page 6349

 1     mission in Operation Storm.  Is that correct?

 2        A.   Exactly.

 3        Q.   Can you tell us, please, once the line was reached, what

 4     happened?  What did the special police do and what happened with their

 5     mission?

 6        A.   As of 9th of August, after all the operations were completed, our

 7     units, which were in the area near the border with Bosnia at Gornji

 8     Vakuf, they were rotated, a Posavina brigade came and relieved our men,

 9     the joint forces were disbanded, and the units just went back to their

10     original police administrations.

11        Q.   So, in fact, this means that the special police units returned

12     from the field after a mission.  Is that correct?

13        A.   Yes.

14        Q.   Mr. Janic, we discussed the special police commands in Seline and

15     a point on the Velebit mountain.  However, once Gracac was liberated, an

16     area was established in Gracac where a small special police unit was

17     deployed.  Could you tell us a bit about this?

18        A.   Yes.  When Gracac was liberated and because the conditions in the

19     town were better than the previous conditions we had on Mount Velebit, a

20     headquarters of the special police was established, and the chief of the

21     staff, at that time the chief of the sector of the special police was its

22     commander, and he commanded this staff up until the end of

23     Operation Storm; and after Operation Storm, he commanded the activities

24     that followed in its wake.

25        Q.   Can you tell us when was this staff or this headquarters

Page 6350

 1     established in Gracac?

 2        A.   It was set up immediately, I think on the 5th of August in the

 3     afternoon.  As soon as Gracac was captured, this headquarters was

 4     established there.

 5        Q.   Do you remember whether on this same day a police station was set

 6     up in Gracac?

 7        A.   Yes, I do.  I've already mentioned that there was a regular

 8     police unit at the ready for each town, and their role was to establish a

 9     police station once those towns were liberated.  So, in Gracac, on

10     the 5th, immediately following the special police, a regular police unit

11     entered Gracac and established a police station by placing the insignia

12     of the Croatian police on the former police station and established a

13     police administration and a police station there.

14        Q.   Could you please tell us in a few sentences how this headquarters

15     operated in Gracac, as compared to the previous -- its previous

16     operations.  Describe what the conditions in which it worked were.

17        A.   Well, when you mentioned the headquarters -- when mention is made

18     of headquarters, what we usually imply is they were well equipped with

19     all kinds of equipment; but, in fact, this was very modest.  We just had

20     a computer, a radio station, and a couple of men sitting there.  There

21     was a map on the wall.  So the conditions were really rather modest.

22        Q.   Could you confirm that one of the persons who were there at the

23     Gracac headquarters was Miljenko Gracac [as interpreted], whom we

24     mentioned a few minutes ago?

25        A.   Yes, I can.  At this time, on the eve of Operation Storm, he was

Page 6351

 1     involved in gathering of intelligence.  And he -- he produced security

 2     assessments, and he was the one who spent most of his time at the

 3     headquarters.  One could say that, at the time when the chief of the

 4     headquarters was not there, the Chief of Staff, he was the who actually

 5     ran the headquarters.

 6        Q.   Was he the person who compiled and prepared daily reports that

 7     were submitted to the military -- war staff of the Croatian army within

 8     and which were sent via a special system?

 9        A.   Yes.  He received and collected reports, and then he compiled

10     them and prepared a report for the Main Staff of the Croatian army.  He

11     was the person in charge of that.

12        Q.   Do you have any knowledge as to how these reports were sent?

13     Technically speaking, how were they sent from Gracac to the military

14     staff?

15        A.   There was an electronic mail system which was encoded, and I know

16     that we received a system -- one system of that type in order to be able

17     to encode our messages and promptly inform thereof the Main Staff of the

18     army.

19        Q.   Was this system referred to as the Rebus system?

20        A.   That's correct.

21        Q.   The duties that Mr. Vranjkovic carried out in terms of encoding

22     messages and so forth, these were tasks that were outside his normal

23     scope of work of internal control, isn't it?

24        A.   You could say that.  Commanders were with their units, and he, at

25     this point and in some situations, took on some commanding

Page 6352

 1     responsibilities in commanding the staff itself.

 2        Q.   Thank you for your answers.  We've said that once the positions

 3     at Kulen-Vakuf were reached, the special police began to withdraw to

 4     their original police administrations.  One portion of the special police

 5     or one number of special police officers also withdrew via the Gracac

 6     staff.  Is that correct?

 7        A.   That's correct.  Units withdrew using various axes, and some

 8     returned to Gracac where they had been deployed earlier.  Sometimes, they

 9     returned to the Lugari base.  They returned to various areas where they

10     stayed for a while, where they picked up their equipment, and then went

11     back to their original basis.

12        Q.   Could you confirm that once Gracac was liberated and special

13     police units moved on in the direction of Kulen-Vakuf, that part of the

14     equipment remained at the headquarters in Gracac?

15        A.   Yes.  Each of our units was accompanied by a logistics units, and

16     as we advanced, the logistics department carried all the equipment, both

17     individual and collective, all equipment that the unit had its disposal.

18     They transported it for the unit and deployed it in various base camps

19     used by the units.

20        Q.   And you mentioned earlier that this type of equipment was

21     transported by trucks.

22        A.   By trucks, buses, also by vehicles that were used to transport

23     men.

24             MR. MIKULICIC: [Interpretation] Could we now please have D295.

25        Q.   You will now see a photo that was taken on the 8th of August,

Page 6353

 1     1995, in Gracac and introduced into evidence in these proceedings.  The

 2     photograph was taken by a witness who testified here.  This is a truck,

 3     and I would like to ask you to identify this truck based on its plates.

 4             Could you tell us whom this truck belonged to?

 5        A.   Judging by the plates, 010, these are the plates that were used

 6     by all units of the Ministry of the Interior in their seat and they were

 7     also used by the special police units.  For instance, the special unit in

 8     Dubrovnik also had plates starting with the digits 010.

 9        Q.   Thank you.  Could you please describe briefly what we can see on

10     this front part of the truck.  We can see a plate with some Cyrillic

11     inscription on it and we can see some antlers.  Could you tell us what

12     this means?

13        A.   Well, yes.  After the operation was completed this meant that our

14     country was liberated from -- and relieved from occupation and people

15     then picked up street signs and picked up, as it were, trophies in order

16     to express their joy because the war had ended.

17        Q.   Is this a truck that was used for transporting logistical

18     equipment?

19        A.   Yes.  Personnel was not transported in trucks.  We rode in

20     all-terrain vehicles.  Trucks of this type were used for logistical

21     support.

22        Q.   Thank you.

23             MR. MIKULICIC: [Interpretation] Could we now see Exhibit P325.

24        Q.   In this photograph you can see two members that you identified as

25     those of special police.  No, can we see the next photograph, please.

Page 6354

 1             Okay.  We can look at this photograph for just a second.  In the

 2     right-hand side you can see this blue truck that you said belonged to the

 3     police but we also can see a white Land Rover.  Can you tell us -- can

 4     you identify this vehicle?

 5        A.   I can identify both vehicles.  They were our vehicles.

 6        Q.   Thank you.

 7             MR. MIKULICIC: [Interpretation] Next photograph, please, from the

 8     same body of evidence.

 9             JUDGE ORIE:  Mr. Mikulicic, could we ask the witness where I

10     think that he said that these were not -- well, perhaps on the basis of

11     this one, whether he could positively identify who are shown in the

12     photograph.

13             Please proceed.

14             MR. MIKULICIC: [Interpretation]

15        Q.   So you can confirm that we see two people here and that they are

16     members of the special police?

17        A.   Yes, I confirm that.

18        Q.   Do you maybe know their names?

19        A.   No, I don't.

20        Q.   In the background we see a building.  Can you confirm that this

21     is where the special police staff was headquartered?

22        A.   I'm not 100 percent sure, but I think that is the municipality of

23     Gracac, and that this is the building where the special police staff was

24     headquartered.

25        Q.   We see a yellow bus here with a red ribbon or red tape.  Do you

Page 6355

 1     recognise this vehicle?

 2        A.   Yes, I remember this bus.

 3        Q.   Can you confirm that this was precisely the vehicle used by

 4     members of special police to be transported to their original units?

 5        A.   Yes, I can.  Given the large number of people who were gathered

 6     in one place for the sake of the operation and that there was a shortage

 7     of vehicles, we would rent vehicles from the town transport company.

 8        Q.   You have identified this building as the municipal hall, and we

 9     see that it's not damaged by any artillery attack.

10             MS. MAHINDARATNE:  [Previous translation continues] ...

11     Mr. President, I think the witness said, I think this is the building.

12     There was no confirmed identification.  However, the question is phrased

13     on the basis of --

14             MR. MIKULICIC:  I rephrase the question.

15             JUDGE ORIE:  Apart from that, Mr. Mikulicic, there's a difference

16     between we see that it is not damaged and we do not see that it is

17     damaged.  Could you make that distinction please and please proceed.

18             MR. MIKULICIC:  Thank you, Your Honour.

19        Q.   [Interpretation] To the best of your recollection of the days

20     spent in Gracac, can you tell us what was the situation in town?  Were

21     there -- was there any damage on the buildings?  Just in a couple of

22     sentences.

23        A.   Since -- after I reached the road near Prezid, I entered Gracac

24     and I can confirm that the town was intact, there was no damage caused by

25     artillery.  There was no immediate fighting over this particular town.

Page 6356

 1     Therefore, that there was no reason and I know that near the town there

 2     were some military depots that were legitimate targets but the town

 3     itself wasn't.  And there was no fighting inside it and there were no

 4     artillery strikes targeting the town.

 5        Q.   You said that you came across some army depots.  Can you tell us

 6     where they were located?

 7        A.   I cannot remember now.  It was very near Gracac.

 8             MR. MIKULICIC: [Interpretation] Can we move on.  Can we now see

 9     document number 02313.

10        Q.   The document that we are about to see on our screens is a summary

11     report issued to Dr. Franjo Tudjman, the president of the Republic of

12     Croatia, by the chief of Main Staff.  The president of the republic is

13     advised and informed about Operation Storm.

14             The president of the republic was also the commander in chief of

15     the armed forces.  Is that correct?

16        A.   Yes, it is.

17        Q.   I wouldn't go into details of this report.  What I would like to

18     highlight are two aspects, and for that purpose can we please have page 4

19     in Croatian.  It says here that the losses sustained by the Croatian army

20     was 190 killed, 900 wounded and 14 missing.  It also says that some

21     combat equipment was either damaged or destroyed.  And on page 5 in the

22     Croatian version also some war booty was seized during the operation; for

23     example, four aircraft -- another two aircraft, helicopters, et cetera.

24     We needn't go my further details.

25             Mr. Janic, are you aware that certain materiel was captured by

Page 6357

 1     our units?

 2        A.   Absolutely.  Even we, on our axis of operation, managed to

 3     capture a significant amount of equipment such as tanks, guns, rockets,

 4     and depots.  There was a lot of ammunition and equipment and weaponry

 5     seized.

 6        Q.   Mr. Janic, while you were advancing towards Otric and further

 7     beyond to Lapac and Gorni Vakuf, did you see the damaged and abandoned

 8     vehicles beside the road, and equipment as well?

 9        A.   Yes, we did.  On each of these roads, while we were advancing

10     during the operation, we saw broken vehicles or destroyed vehicles and

11     weapons that were left behind while they were fleeing.

12        Q.   Did you notice, particularly at road junctions, any traces of

13     firing from artillery?  And I mean tanks and guns.  Did you see any shell

14     casings by the road while you were travelling towards Otric and further

15     beyond towards Lapac?

16        A.   Yes.  On several places, we saw traces of their artillery

17     positions.  We found empty shells after they had been firing from

18     artillery and that happened on several occasions along the road.

19             MR. MIKULICIC: [Interpretation] Can we please have a number for

20     this document.

21             MS. MAHINDARATNE:  No objection.

22             JUDGE ORIE:  Mr. Registrar.

23             THE REGISTRAR:  Your Honours, this becomes Exhibit number D554.

24             JUDGE ORIE:  D554 is admitted into evidence.

25             Mr. Mikulicic, we had a bit of a different schedule this morning.

Page 6358

 1     We had a very early break, so, therefore, this second break should start

 2     at least a bit earlier as well.

 3             But before taking the break, could you give us any indication on

 4     how much time you would still need?

 5             MR. MIKULICIC:  Your Honour, I would say like this.  Having in

 6     mind what you have been said before the beginning of the testifying of

 7     this witness, I will try to finish my cross-examination, let's say, until

 8     1.20, 1.25.  So another -- an another -- an hour, let's say, I will spend

 9     on my cross-examination.  And that said, and having in mind I just have

10     to stress that I have been correcting my previous plan and that -- I

11     finish a little bit earlier than I originally supposed to do.

12             JUDGE ORIE:  Yes.  Could I hear from the other parties.

13             MR. CAYLEY:  We don't have any questions for the witness,

14     Your Honour.  Thank you.

15             MR. MISETIC:  We have no questions either, Your Honour.

16             JUDGE ORIE:  Ms. Mahindaratne, from what you have heard until now

17     could you give us an estimate on how much time.

18             MS. MAHINDARATNE:  Fifteen minutes, Mr. President.

19             JUDGE ORIE:  Fifteen minutes.

20                           [Trial Chamber confers]

21             JUDGE ORIE:  Mr. Mikulicic, we'll then have a break until 12.30.

22     You will then have time until 20 minutes past 1.00.  That would give you

23     another 50 minutes, therefore, which would bring your total to five hours

24     and 20 minutes, as matters stand now.  Then we will try to do our utmost

25     best to finish the testimony of this witness today.

Page 6359

 1             We adjourn, and we resume at 12.30.

 2                           --- Recess taken at 12.13 p.m.

 3                           --- On resuming at 12.34 p.m.

 4             JUDGE ORIE:  Mr. Mikulicic, please proceed.

 5             MR. MIKULICIC: [Interpretation] Mr. Registrar, can we please now

 6     have document 01290.

 7        Q.   What are you going to see now is the document containing an

 8     analysis of Operation Storm.

 9             MR. MIKULICIC:  For the Chamber, the document that will be seen

10     shortly is from 26th November 2001.  But, in fact, there's another

11     document from 1992, which is completely identical.  This one is obviously

12     some kind of retype of the document from 1992, but the document from 1992

13     has no translation.  Although of both documents, the one that I will be

14     showing, it's from 2001, and has translation, and I will suggest to admit

15     it into evidence shortly.  1995, I'm sorry.

16             I must correct myself.  I mentioned the wrong year.  I was

17     thinking of 1995, not 1992.

18             MS. MAHINDARATNE:  Mr. President, if I could just assist.  Both

19     these documents, the 1995 document and 2001 document, were subject of the

20     bar table submissions, so they already in, if that assists.

21             JUDGE ORIE:  We work on the basis that they will be admitted and

22     we certainly do not expect you to object against admission.

23             MS. MAHINDARATNE:  No, no, Your Honour.

24             JUDGE ORIE:  So, Mr. Mikulicic, then you could work on the basis

25     that they are in evidence.

Page 6360

 1             MR. MIKULICIC:  Okay.

 2             JUDGE ORIE:  If there is anything specific you would like further

 3     to elicit from the witness, of course, you can do so.

 4             MR. MIKULICIC:  Then I will skip this document.  This is a --

 5        Q.   [Interpretation] Mr. Janic, we mentioned an analysis of the

 6     entire Operation Storm.  Can you tell us in one or two sentences what

 7     your role was in the drawing up of this analysis, if any?

 8        A.   This is an analysis of Operation Storm.  It was compiled by the

 9     chief of special police sector on the basis of the reports received from

10     all units involved in Operation Storm, or rather, reports forwarded by

11     axis commanders in our area of responsibility.  Consequently, my report,

12     as the commander of the main axis in Operation Storm, was an integral

13     part and was incorporated into this analysis.

14        Q.   Thank you.

15             MR. MIKULICIC: [Interpretation] Can we now look at document

16     number 2200, please.

17        Q.   This document is actually a war log kept at the Main Staff and in

18     which all the events relating to Operation Storm were entered, pertaining

19     to the period between 3rd August and 31st of October.  Of course, we are

20     interested in the first four days of Operation Storm.

21             I would just like to point out that, for example, on page 2 of

22     this war log, which bears the date 4th of August, 1995, and then after

23     that, we can see reports from General Markac, the commander of the

24     special police, about what was happening on the ground.

25             In order to save time, we're not going to go through all these

Page 6361

 1     entry.  I will just mention the one at 04.35 hours, where Markac called

 2     to say that the situation was regular.  And after that, he called again

 3     the Main Staff, which was recorded here under item 38.  That was at

 4     0455 hours, and he said that special MUP units had set off according to

 5     plan, and so on and so forth.

 6             Mr. Janic, would you agree with me that that indicates that

 7     Mr. Markac was in permanent contact with the Main Staff of the Croatian

 8     army and was reporting about what was going on, on the ground?

 9        A.   I fully agree.

10             MR. MIKULICIC: [Interpretation] If there is no objection, I would

11     like to have this document admitted into evidence, please.

12             MS. MAHINDARATNE:  No objection, Mr. President.

13             JUDGE ORIE:  Mr. Registrar.

14             THE REGISTRAR:  Your Honours, this becomes Exhibit number D555.

15             JUDGE ORIE:  D555 is admitted into evidence.

16             MR. MIKULICIC: [Interpretation] Let us just take glance another

17     at this analysis.

18        Q.   It shows that a large depot in Sveti Rok and Boricivac [phoen]

19     barracks were found with large quantities of ammunition and weapons.  Can

20     you confirm these findings?

21        A.   Yes.  I can confirm that these depots were, indeed, found

22     containing a large quantity of equipment and ammunition.

23        Q.   Thank you.  We can proceed now.

24             The special police unit is heading towards Lapac.  Yesterday, you

25     have seen the document P586, but I don't need to have it pulled up.  This

Page 6362

 1     document was issued by Mr. Bolej [phoen], and it mentions that on the 7th

 2     of August, during the liberation of Donji Lapac by the joint forces,

 3     logistical support arrived at around 1600 hours.  There was no major

 4     fighting in Donji Lapac, and that only two houses were on fire, as a

 5     result of artillery fire.

 6             After that, it says that a units of the Croatian army entered --

 7             THE INTERPRETER:  The interpreters kindly ask the counsel to slow

 8     down, please.  Thank you.

 9             MS. MAHINDARATNE:  Mr. President, the testimony was not two by

10     three, including the police stations.

11             MR. MIKULICIC:  Yes.  I'm not referring to the testimony, but to

12     the document P586.

13             MS. MAHINDARATNE:  I apologise.

14             MR. MIKULICIC:  Okay.

15             JUDGE ORIE:  Please proceed.

16             MR. MIKULICIC:  I will try do to slowly, but, you know, the time

17     is pressing me.  I feel it on my back.

18        Q.   [Interpretation] Mr. Janic, that is when incidents in the town

19     happened; houses wer set ablaze, they were shooting, et cetera.

20             Now I'm going to show you a document which bears the number P111.

21     It's an UN observers report for Sector South, relating to the 7th of

22     August, 1995.  This document has already been admitted into evidence in

23     this case, and I would like to refer you to page 574 of this document,

24     containing the observations made by the Jordanian battalion deployed near

25     Gracac.

Page 6363

 1             It says that, on the 7th of August at 0745 hours, 15 Croatian

 2     army soldiers entered Uzlapic and set off towards Nabusi.  The comment

 3     made was that the Croatian army was moving towards the border of

 4     Bosnia-Herzegovina.  And after that, at 0835 hours, the report says that

 5     there was artillery fire opened on Donji Lapac by the Croatian army in

 6     Udbina.  And the comment was that, apparently, Udbina was liberated and

 7     taken over by the Croatian army, and that they were preparing further

 8     attacks on Donji Lapac from there.

 9             Mr. Janic, do you remember this artillery fire on the morning of

10     the 7th of August, which was targeting Donji Lapac?

11        A.   Yes, I do.

12        Q.   The fire came from Donji Lapac?

13        A.   Yes, I remember.

14        Q.   Towards the bottom of the page, it says that, at 1335 hours,

15     there was fierce shelling of Donji Lapac.

16             Mr. Janic, at what time did special police enter Donji Lapac?

17        A.   Around noon.  I'm not exactly sure, and we can check it in

18     reports.  But we definitely were in the town when this fierce shelling

19     took place.

20        Q.   How do you explain that while you were in town the Croatian army

21     shelled Lapac from the direction of Udbina?  Did they have information

22     according to which you were in Lapac?

23        A.   Well, as far as we understood situation at the time, given the

24     information I had received from the HQ, unfortunately they weren't aware

25     of the fact that they were in Donji Lapac, or rather, that we had entered

Page 6364

 1     Donji Lapac before they had.

 2             And I remember that order from the chief of the Main Staff,

 3     D Plus 2, in which it was ordered that there should be coordination.

 4     This obviously was not coordinated effectively, and they were not aware

 5     of the fact that we had already entered Gracac.

 6        Q.   At the time, there was this incident of so-called friendly fire.

 7     Is that correct?

 8        A.   Yes.

 9             MR. MIKULICIC: [Interpretation] Could we now see the following

10     document, 3D00-1451.

11        Q.   We'll see the document up on the screen in a minute.  It is a

12     report that you drafted yourself, Mr. Janic.  And you forwarded it to the

13     chief of the sector Mr. Sacic.  It is on the events in Lapac at the time,

14     and I'd like to ask you about the following.

15             Were you aware of the fact that the commander of the

16     118th Brigade, in the course of the combat for Donji Lapac, was killed,

17     and there were a lot of casualties in that brigade?

18        A.   Well, I can't testify that that home guards brigade -- I didn't

19     know reasons for this at the time.  I didn't know reasons for such

20     conduct at the time.  Later, however, I found out that in combat before

21     Donji Lapac on their axis of action, they had suffered significant

22     casualties.  About 15 soldiers as well as the brigade commander were

23     killed.  Obviously, at that time, the chain of command wasn't functioning

24     properly, in my assessment.  That is my personal assessment of the

25     situation that I observed.

Page 6365

 1        Q.   Very well.  And in light of the document that we have on the

 2     screen, you mention the fact that there were things that could not be

 3     tolerated, burning, shooting from the Croatian army.  You spoke about the

 4     fact that Colonel Vranjkovic -- and at the end of the report, you say

 5     that the special police units were already outside the sphere of

 6     Donji Lapac when that happened, and they didn't participate in shooting

 7     or burning of any kind.  Can you confirm that?

 8        A.   Yes, I can.

 9        Q.   I would like an exhibit number for this document, please.

10             MS. MAHINDARATNE:  No objection.

11             JUDGE ORIE:  Mr. Registrar.

12             THE REGISTRAR:  Your Honours, this becomes Exhibit number D556.

13             MR. MIKULICIC: [Interpretation] We'll now move on to another

14     subject, and we will try to deal with it expeditiously, although it is

15     very important.  It has to do with searching the field.

16        Q.   Mr. Janic, after the operation was concluded, you said that the

17     special police units withdrew; however, you were soon involved in

18     searching the terrain in the Petrova Gora area.  Is that correct?

19        A.   Yes.

20             MR. MIKULICIC: [Interpretation] Could we see the following

21     document, 02314, please.

22        Q.   We'll see it's an order from the -- from the Main Staff.  It says

23     that special police units, under the command of General Markac, should

24     clear the terrain and seize the Petrova Gora area, and then further

25     details follow.

Page 6366

 1             You can see the order, Mr. Janic, which is dated 10th August.

 2     You started searching the Petrova Gora area.  Before doing so -- or

 3     rather, in the course of doing that, did you come across members of the

 4     enemy forces?  Did you discover any explosive devices?  How long did this

 5     search last?

 6        A.   It lasted for two days.  In our assessment in the area, enemy

 7     forces that had been dispersed were still present.  They had not been

 8     organised.  These groups had not been organised.  But in the course of

 9     the -- of combing the terrain, there were no clashes.  There was no

10     contact with the enemy forces; however, we did find a lot of the

11     equipment, weapons, and so on and so forth.

12             MR. MIKULICIC: [Interpretation] Could we please have an exhibit

13     number for this document.

14             MS. MAHINDARATNE:  No objection.

15             JUDGE ORIE:  Mr. Registrar.

16             THE REGISTRAR:  Exhibit number D557, Your Honours.

17             JUDGE ORIE:  D557 is admitted into evidence.

18             MR. MIKULICIC:  Sorry, Your Honour.

19        Q.   [Interpretation] We saw that the special police units went to the

20     Sector South area; and in that area, there were no special forces.

21     However, given the needs that prevailed at the time, it was necessary to

22     continue searching the terrain.

23             MR. MIKULICIC: [Interpretation] Could we please see the following

24     documents, 1414.

25        Q.   We'll see a document in which the authorisation of the command of

Page 6367

 1     the Military District in Gospic is requested.  It's forward to the

 2     Ministry of Defence, to the military police administration, to Brigadier

 3     Lausic.

 4             MR. MIKULICIC:  65 ter 1414.  We don't have it on the screen yet.

 5     No.  There are obviously some mistake in the reference.  Okay, we'll

 6     proceed.

 7        Q.   [Interpretation] My question is as follows:  Are you aware of the

 8     fact that members of the military police started combing the terrain at a

 9     time that this area had been abandoned by members of the special police

10     units?

11        A.   Which area?

12        Q.   Gracac, Knin, the areas affected by the operations.

13        A.   I'm not sure about that.  I heard that the military police

14     conducted such activities.  But I was -- as I was responsible for our own

15     operations, I didn't observe that myself.  I did hear that they had

16     certain tasks and responsibilities as a result of which they did perform

17     such duties.

18             MR. MIKULICIC:  Could we see 3D00-1441 on the screen, please.

19        Q.   We will see a document.  It is an interim report from Colonel

20     Rokatic [phoen], from the HQ of the Gospic Military District.  It is

21     forwarded to the headquarters, the Ministry of Defence, the police

22     administration.

23             It says that on the 12th of August, in the area of deployment of

24     the HV brigade, in the course of conducting operations, an HV member was

25     wounded, et cetera.  It says that there were wounded -- or that he was

Page 6368

 1     wounded as a result of sniper fire.  It says that the 154th HV brigade

 2     will taken responsibility for this zone, and there was a clash.

 3             Do you agree that at the time, in mid-August, there were still

 4     members of the enemy forces who had taken shelter in the forest?  Do you

 5     have any knowledge about this?

 6        A.   Well, yes absolutely.  There was scores of reports that indicated

 7     that Serbian soldiers who had fled were launching attacks.  At the time,

 8     an officer from our intelligence department was seriously wounded in the

 9     vicinity of Gracac.  This was a time at which equipment was taken from a

10     captured depot.  There was an attack of Serbian soldiers, and this was

11     about ten days after the Storm operation that a unit of ours was

12     attacked.

13        Q.   Here, it says that, with regard to other groups, that they have

14     120-millimetre and 82-millimetre mortars, and they also have two tanks at

15     their disposal; therefore, Croatian soldiers were told to be extremely

16     cautious.

17             MR. MIKULICIC: [Interpretation] Could we have an exhibit number

18     for this document, please.

19             MS. MAHINDARATNE:  No objection.

20             JUDGE ORIE:  Mr. Registrar.

21             THE REGISTRAR:  Exhibit number D558, Your Honours.

22             JUDGE ORIE:  D558 is admitted into evidence.

23             MR. MIKULICIC: [Interpretation] Could we have 1135.  It's a 65

24     ter document.

25        Q.   Mr. Janic, we'll see an order from the Main Staff of the Croatian

Page 6369

 1     army, dated the 14th of August, 1995, in which the following is ordered.

 2     In item 1B, it says that one should start breaking up remaining enemy

 3     forces and one should commence with clearing the terrain.  This order has

 4     been forwarded to the commands of the Military Districts in Bjelovar,

 5     Zagreb, Karlovac, Gospic, and Split.

 6             So, it was forwarded to Croatian army units.  It says that one

 7     should act in a planned and organised when searching the terrain and when

 8     mopping-up the terrain because of straggling forces and infiltrated enemy

 9     groups.  And under C, it says that one should assess the security of

10     roads and communications, and one should assign forces to protect such

11     routes.

12             On the following page of the order, under D, it is said that one

13     should expedite the sanitation of liberated areas and deal with livestock

14     problems and other problems in cooperation with the Ministry of Internal

15     Affairs, the Ministry of Agricultural.  Naturally, one should also bear

16     in mind security-related issues.

17             Mr. Janic, this shows that, in accordance with Main Staff order,

18     HV units were combing the terrain, and they were involved in sanitation

19     as well.  Do you agree with me?

20        A.   Yes, absolutely.

21             MR. MIKULICIC: [Interpretation] Could we have an exhibit number

22     for this document, please.

23             MS. MAHINDARATNE:  No objection.

24             JUDGE ORIE:  Mr. Registrar.

25             THE REGISTRAR:  Exhibit number D559, Your Honours.

Page 6370

 1             JUDGE ORIE:  Thank you, Mr. Registrar.

 2             Mr. Mikulicic, if you would not mind - perhaps you do, but -

 3     going back to page 69, line 11 and 12, the 15 Croatian soldiers entered

 4     what place?  It was my recollection that you said Donji Lapac.

 5             MR. MIKULICIC:  As far as I remember, this is a village which is

 6     called Uzlapac.

 7             JUDGE ORIE:  Uzlapac, yes.

 8             MR. MIKULICIC: [Interpretation] This is the name of the village.

 9     I'm not familiar with this region in particular, so I just read what I

10     see in the UNMO report.  So we could spell it for the --

11             JUDGE ORIE:  No.  It will be right in the end.  I'm just a bit

12     puzzled by what --

13             MR. MIKULICIC: [Overlapping speakers] ... similar like

14     Donji Lapac.

15             JUDGE ORIE:  Yes.  No, no.  That is not my problem.  My problem

16     is it suggests, more or less, that these 15 Croatian army soldiers, but

17     if that was not what you wanted to establish, were, more or less,

18     targeted where they were by the 8.35 artillery fire.

19             MR. MIKULICIC:  Yes.  And I will start reading this

20     paragraph from the very beginning, as they --

21             JUDGE ORIE:  [Overlapping speakers]... but if that -- if that is

22     the village you had, because the grid references for the village you

23     mentioned are quite different from the grid references for Donji Lapac.

24             MR. MIKULICIC:  Of course.  Yes.  Yes, certainly.  I'm aware --

25             JUDGE ORIE:  No.  I'm just trying to follow what your line of --

Page 6371

 1     what you tried to establish in your line of questioning.

 2             MR. MIKULICIC:  I was trying to establish that HV troops are

 3     moving towards the B and H border; and afterwards, there was artillery

 4     shelled from Donji Lapac, and that is one paragraph below.

 5             JUDGE ORIE:  Yes, I have seen that.  Of course, I was looking at

 6     the grid references as to what extent the apparent target of the

 7     artillery --

 8             MR. MIKULICIC: [Overlapping speakers] ... of no importance, Your

 9     Honour.

10             JUDGE ORIE:  It is of no importance at all.  Oh, then, I'm

11     relieved.  Thank you very much.  Then it still remains a puzzle for me.

12             Please proceed.

13             MR. MIKULICIC:  Okay.

14             [Interpretation] Could we see 65 ter document 654, please.

15        Q.   We'll now see a request issued to General Markac by Ante Gotovina

16     in the Military District of Split, and he is requesting that from the

17     forces of the special police, a battalion should be earmarked, and they

18     should report Brigadier Ademi to be engaged in mopping-up.  We've already

19     discussed the chain of command, and we agreed that Mr. Markac's chain of

20     command went in the direction of the Main Staff.

21             In the right-hand corner, we can see something that is

22     handwritten, and it says this is out of the question because under the

23     Main Staff of the Croatian army can make such a request, such a demand.

24             Do you have any recollection of this?  Is this in accordance with

25     the hierarchy in the structure in the field at the time?

Page 6372

 1        A.   Yes, absolutely.  Only the chief of the Main Staff of the

 2     Croatian army could issue such an order to us.  That was the system.

 3             MR. MIKULICIC: [Interpretation] Could we have an exhibit number,

 4     please.

 5             JUDGE ORIE:  Ms. Mahindaratne, someone wonders whether you

 6     object.

 7             MS. MAHINDARATNE:  I'm sorry Mr. President.  I do not object.

 8             JUDGE ORIE:  Mr. Registrar.

 9             THE REGISTRAR:  Exhibit number D560, Your Honours.

10             JUDGE ORIE:  D560 is admitted into evidence.

11             MR. MIKULICIC: [Interpretation] Could we have 1123 on the screen,

12     please, a 65 ter document.

13        Q.   We'll see an order from the Main Staff, from General Cervenko.

14     In this order, a request is made to organise and plan the searching and

15     mopping-up of the terrain, and special MUP units are supposed to do this

16     and, if necessary, Croatian army units.

17             MR. MIKULICIC: [Previous translation continues] ... didn't

18     realise that you didn't hear the number.

19        Q.   [Interpretation] In this order, special police units are ordered,

20     yet again, to start mopping up, and this on the 21st of August.

21             Do you have any recollection of this?

22        A.   Yes, absolutely.

23             MR. MIKULICIC: [Interpretation] Could we have an exhibit number

24     for this document, please.

25             JUDGE ORIE:  Ms. Mahindaratne.

Page 6373

 1             MS. MAHINDARATNE:  No objection, Mr. President.

 2             JUDGE ORIE:  Mr. Registrar.

 3             THE REGISTRAR:  Your Honours, 65 ter 01223 becomes Exhibit

 4     number D561.

 5             JUDGE ORIE:  D561 is admitted into evidence.

 6             MR. MIKULICIC: [Interpretation] After this order was issued,

 7     special police units started carrying out task of searching the terrain

 8     which was an ongoing task.

 9             Could can we see 01226 on the screen, please.

10        Q.   This is a report that the order was completed, submitted by

11     General Markac for the day 21st August 1995.

12             Mr. Janic, are you aware that this type of report was sent on a

13     daily basis to the Main Staff?

14        A.   Yes.  Those reports and the one that I see before me were sent

15     from the Gracac headquarters, to the Main Staff.

16        Q.   And just as a reminder, they were compiled by Mr. Vranjkovic.

17     Correct?

18        A.   That's correct.

19             MR. MIKULICIC: [Interpretation] Could we please have a number for

20     this document.

21             MS. MAHINDARATNE:  No objection, Mr. President.

22             JUDGE ORIE:  Mr. Registrar.

23             THE REGISTRAR:  Your Honours, this becomes Exhibit number D562.

24             JUDGE ORIE:  D562 is admitted into evidence.

25             MR. MIKULICIC:  Your Honour, I have the report like this, dated

Page 6374

 1     21st of August, in a row until 28th of August.  I don't know -- 29th,

 2     sorry.

 3             I don't believe that it is necessary to go through all of these

 4     documents.  In fact, my colleague has reminded me that the documents goes

 5     up to 3rd of September.

 6             I don't believe that it is necessary to go through all of them,

 7     and I will tender them from -- across the bar table, okay?

 8             Is it okay with you, Ms. Mahindaratne.

 9             JUDGE ORIE:  Ms. Mahindaratne.

10             MS. MAHINDARATNE:  That is okay with me, and, Mr. President,

11     there is no objection.

12             MR. MIKULICIC:  We will save some time.

13             JUDGE ORIE:  Then I take you that will provide Mr. Registrar with

14     the -- how many do you means are there?  If you make --

15             MR. MIKULICIC:  I will do the list.

16             JUDGE ORIE:  No, no.  We can do as it is.  If you would have said

17     it is fine, then Mr. Registrar could have reserved the numbers.

18             MR. MIKULICIC: [Overlapping speakers] ...  I could refer on ter

19     numbers that will --

20             JUDGE ORIE:  Well, you provide them to Mr. Registrar.  We'll deal

21     with them at a later stage.  We know already that there is it no

22     objection.  They will be admitted, but the administration will first be

23     completed.

24             Please proceed.

25             MR. MIKULICIC: [Interpretation]

Page 6375

 1        Q.   Just a general question with regard to these reports.

 2             In this period - meaning from 21 August up until 3 September -

 3     when mopping operations were carried out, is it your recollection that a

 4     number of enemy army members were found who were hiding in the woods and

 5     mountains, that a certain quantity of ammunitions and ordnance were

 6     found.

 7        A.   Yes, I can confirm that.  Just as you mentioned it here, a number

 8     of persons were handed over to the police, and a lot of equipment was

 9     found, including depots and weapons that were left behind, vehicles, and

10     so on.

11        Q.   I will just refer you to an Exhibit, a Prosecution Exhibit, P577,

12     which is a joint report from a number of members of the special police

13     who participated in this operation, the search and mop-up operation.

14             And it states the number of civilians found in the field, the

15     number of pieces of equipment found, and so on.  I just want to remind

16     you that this was quite a large number, and I won't go into it any

17     further because this has already been admitted into evidence.

18             Mr. Janic, I would just a few more questions that have to do with

19     the freedom train that you mentioned yesterday.  This was a train that

20     left Zagreb and rode down the railway line from Zagreb to Split, to

21     connect Zagreb with the previously occupied territory.  And on this train

22     was the president of Croatia, Mr. Tudjman, and a number of diplomatic

23     representatives from Zagreb.  Is that correct?

24        A.   That's right.

25        Q.   The anti-terrorist unit called Lucko had a special assignment

Page 6376

 1     because it was supposed to secure the railway tracks at the most

 2     sensitive spot.  Is that correct?

 3        A.   That's correct.

 4             MR. MIKULICIC: [Interpretation] Could we now please move into

 5     private session for a moment.

 6                           [Private session]

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 6377











11  Pages 6377-6378 redacted. Private session.















Page 6379

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16                           [Open session]

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

18             MR. MIKULICIC: [Interpretation]

19        Q.   It's a document dated September 1st, in which the commander of

20     the Gospic Military District reports to the Main Staff and the operations

21     administration, stating that the units during the search operations were

22     engaged by the enemy.  They had fire contact, and it is assessed that

23     there still some groups in the wider area of the Plitvice waterfalls

24     remaining.

25             Is this consistent with what you recalled, that there were

Page 6380

 1     straggling enemy groups in the area, in the woods and hills, at this

 2     time?

 3        A.   Yes, I can confirm this report.

 4             JUDGE ORIE:  I do not know who is waiting and for what reason.

 5             MR. MIKULICIC:  I am waiting for the number of the document.

 6             JUDGE ORIE:  Yes.

 7             MR. MIKULICIC:  Did I miss something?

 8             JUDGE ORIE:  What I see is that the last word is the answer of

 9     the witness and then it stops.  So I didn't know that you were waiting to

10     hear from Ms. Mahindaratne whether she would object.

11             MS. MAHINDARATNE:  Mr. President, I didn't realise that a

12     document had been tendered into evidence.  If it is the document on the

13     screen, I don't have any objection.

14             JUDGE ORIE:  Yes.  That is the 1st of September document.

15             Mr. Registrar.

16             THE REGISTRAR:  Exhibit number D564, Your Honours.

17             JUDGE ORIE:  D564 is admitted into evidence.

18             Please proceed, Mr. Mikulicic.

19             MR. MIKULICIC:  Thank you.

20        Q.   [Interpretation] Mr. Janic, after the special police completed

21     their mission in the area of Gracac, the area surrounding Knin and so on,

22     a new mission was set forth in the area of Plitvice.  Do you recall?

23        A.   Yes, I do.

24             MR. MIKULICIC: [Interpretation] Could we please see

25     document 01707.

Page 6381

 1        Q.   This is a report submitted by Mr. Markac to the chief of the

 2     Main Staff, on the completed mission, on the 6th of September, in

 3     Plitvice.  Mention is made here of what kind of area had been searched

 4     and so on.

 5             MR. MIKULICIC: [Interpretation] I have a number of documents

 6     identical to this one, relating to the particular day when the operation

 7     was carried out; and if there is no opposition, I would like to tender

 8     these documents across the bar table.

 9             [In English] [Previous translation continues] ... reach final

10     point.  Could I have three or four minutes more, please.

11             JUDGE ORIE:  Four minutes.

12             MR. MIKULICIC:  Four minutes.

13             MR. MIKULICIC: [Interpretation] Thank you, Your Honour.

14             JUDGE ORIE:  Ms. Mahindaratne.

15             MS. MAHINDARATNE:  I have no objection.

16             JUDGE ORIE:  No objection.

17             Mr. Registrar.

18             THE REGISTRAR:  Your Honours, this becomes Exhibit number D565.

19             JUDGE ORIE:  D565 is admitted into evidence.

20             MR. MIKULICIC: [Interpretation]

21        Q.   When this operation was completed, document 01831 was issued,

22     which is a joint report on the mopping-up operation of the general area

23     ever of the Plitvice national park, conducted by special police units.

24     And this document mentions the number of ordnance found, 02831.

25             So this document mentions the ammunition found, the de-mining of

Page 6382

 1     certain parts of the national park, the Plitvice national park; in other

 2     words, about providing security in the area.

 3             Mr. Janic, can you confirm that the special police participated

 4     in this operation which was called Operation Oluja-Plitvice.

 5        A.   Absolutely.

 6             MR. MIKULICIC: [Interpretation] Could we please have a number for

 7     this document.

 8             JUDGE ORIE:  Ms. Mahindaratne.

 9             MS. MAHINDARATNE:  No objection.

10             THE REGISTRAR:  Exhibit number D566, Your Honours.

11             JUDGE ORIE:  D566 is ... [Overlapping speakers].

12             MR. MIKULICIC: [Interpretation] Could we now please see

13     document 1778.

14             JUDGE ORIE:  We were too quick for the transcription --

15             D566 is --

16             MR. MIKULICIC: [Interpretation] And, Your Honour --

17             JUDGE ORIE:  -- admitted into evidence.

18             If you would please wait until the transcript stops moving.

19             MR. MIKULICIC:  I'm sorry, Your Honour.

20        Q.   [Interpretation] We can see here that this is a document, an

21     analysis of the employment of the military police in Operation Storm, in

22     which, on page 3 of the document, there is an description of -- or a

23     report that the mopping-up of towns and settled areas was carried out

24     immediately after the members of the Croatian army moved through the

25     area, and by, AT, anti-terrorists units of the police.

Page 6383

 1             "AT" stands for anti-terrorist.  Is that correct?

 2        A.   Yes.

 3        Q.   So we can see here in this document what the role of the special

 4     police was in the clearing up of the terrain.

 5             MR. MIKULICIC: [Interpretation] So I would like appreciate a

 6     number for this document.

 7             JUDGE ORIE:  Ms. Mahindaratne.

 8             MS. MAHINDARATNE:  No objection.

 9             THE REGISTRAR:  Exhibit number D567, Your Honours.

10             JUDGE ORIE:  D567 is admitted into evidence.  Just looking on

11     what I see on my screen, what paragraph were you referring to exactly?

12             MR. MIKULICIC:  I'm referring on paragraph 3.2.

13             JUDGE ORIE:  3.2, yes.  That is it not on my screen.  That may

14     explain --

15             MR. MIKULICIC: [Overlapping speakers] ...  page three of the

16     whole document on the bottom of the page.

17             JUDGE ORIE:  I'll find my way.

18             Please proceed.

19             MR. MIKULICIC:  Okay.

20        Q.   [Interpretation] Mr. Janic, my last question.  For many years,

21     you worked with Mr. Markac.  Could you please tell us, in a few words,

22     what kind of cooperation you had, and what your impressions of Mr. Markac

23     as a commander of the special police was?

24        A.   I've known Mr. Markac for over 20 years now.  We worked together

25     for many years, we were the closest associates, and, as a friend and

Page 6384

 1     colleague, I can say that is he a modest, responsible, and honourable man

 2     and police officer.

 3        Q.   Thank you for your answers, Mr. Janic.

 4             MR. MIKULICIC:  That concludes my cross-examination, Your Honour.

 5             JUDGE ORIE:  Thank you, Mr. Mikulicic.

 6             Matters are still the same as far as Gotovina and Cermak Defence

 7     are concerned.

 8             Then, Ms. Mahindaratne, you asked 15 minutes, if you could try to

 9     complete your re-examination well within that time.

10             MS. MAHINDARATNE:  Thank you, Mr. President.

11             Mr. Registrar, may I call documents 65 ter 1417, please.

12                           Re-examination by Ms. Mahindaratne:

13        Q.   Mr. Janic, now, yesterday, you were cross-examined about the

14     special police units which were attached to the police administrations

15     and about the relationship between the chief of the police

16     administrations and those units.

17             Now, are you familiar with this document which is on your screen

18     at the moment?

19        A.   Well, I think so.

20        Q.   That's an official publication of the Croatian Ministry of

21     Interior, isn't it?

22        A.   That's correct.

23             MS. MAHINDARATNE:  Mr. President, this has both the B/C/S and the

24     English translation within the document itself.

25             If we could move to page 8, please.

Page 6385

 1        Q.   Now, I don't want to waste time, but this page explains about how

 2     the police administrations were organised, and lists out what the police

 3     administrations were.

 4             MS. MAHINDARATNE:  And we could move on to page 15.

 5        Q.   Now, Mr. Janic, those were the different sections of the Ministry

 6     of Interior, isn't it, and special police is at number 3?

 7             I mean the document reflects it, then I will move on.

 8        A.   Yes.

 9             MS. MAHINDARATNE:  And if we could move to page 18.

10        Q.   There is this paragraph, the Ministry of Interior is organised on

11     the following levels.  Number one refers to central administration, and

12     number 2 is police administration; then it says 20 police administrations

13     which follow the county system of the Republic of Croatia and the

14     reception centre, and it goes on.

15             Now this police administrations were a geographical organisation,

16     and the Ministry of Interior was divided into the police administration

17     for administrative purposes, isn't it?

18        A.   Well, the state of Croatia is divided into 20 counties,

19     20 regions, in administrative terms; and each county, or rather, each

20     region had its own police administration.

21             MS. MAHINDARATNE:  And if we could move on to page 19.

22        Q.   That actually gives the full chart, part of which Mr. Mikulicic

23     tendered yesterday without the top part.

24             That's a correct chart, isn't it?

25             MR. MIKULICIC:  I'm sorry.

Page 6386

 1             JUDGE ORIE:  Mr. Mikulicic, any objection against --

 2             MR. MIKULICIC:  No objection, just a request for clarification.

 3     The document that was just shown on the screen, is it original from 1995

 4     or what is time of the issuance of this document?  Could you give us a

 5     reference, please.

 6             MS. MAHINDARATNE:  Mr. Mikulicic, the chart that you tendered

 7     yesterday is identical -- the bottom half is identical.  What is missing

 8     in the chart that you tendered is the top half, top part.  So it's your

 9     chart related to this -- that time-frame is the same time-frame.

10             JUDGE ORIE:  The document certainly does not date back to 1995

11     since in one of the annexes it gives informs what happened in 1996, so

12     that couldn't be the case.

13             Ms. Mahindaratne, is, however, entitled to ask a question.  Of

14     course, she could also ask whether that part of the hierarchical

15     structure had changed since 1995.  But at least she is entitled to ask

16     whether what she - and I couldn't verify that yet - what she considered

17     to be the same bottom part, whether it would be complete if the top part

18     as shown on the screen would be added to it.

19             Please proceed.

20             MR. KUZMANOVIC:  Your Honour, sorry to interrupt.  I think it

21     would be only be fair to find out the dates within which each of those

22     charts are -- are constructed for the witness to be able to answer, I

23     think, fairly accurately.

24             MS. MAHINDARATNE:  I'll ask --

25             JUDGE ORIE:  Well, even if you would not know the date, sometimes

Page 6387

 1     if you are acquainted with the content, then the date might not be of

 2     importance.

 3             I take it, Ms. Mahindaratne, that you have carefully checked that

 4     the bottom part is in every respect the same.

 5             MS. MAHINDARATNE:  Yes, Mr. President.

 6             JUDGE ORIE:  Then you may ask questions on contents and then when

 7     this was created, made; and after that, it may be an issue, but not at

 8     this moment.

 9             Please proceed.

10             MS. MAHINDARATNE:

11        Q.   Mr. Janic, perhaps could you tell us if this chart reflects the

12     organisational framework of the Ministry of Interior.  Now was this

13     accurate even for 1995?  Is this how it was organised?  And I appreciate

14     you would not being able to speak about the other sectors, but with

15     regard to the special police sector.

16             MR. MIKULICIC:  Could we have a translation on the screen for the

17     witness, please, because --

18             MS. MAHINDARATNE:  Yes.  The next page is in B/C/S, the chart, if

19     we could -- or maybe the previous page.  Yes.

20             THE WITNESS: [Interpretation] Yes, it's accurate.  But may I just

21     point something out with your permission.

22             The entire document, or, rather, this book, as far as I can

23     remember, this book isn't an official document from the Ministry of

24     Internal Affairs.  It a book that printed both in English and in Croatian

25     and it was given to foreign delegations that would come to visit the

Page 6388

 1     Ministry of Internal Affairs.  It was to provide them with information

 2     about our system.

 3             So it was a book that had been published in order to distribute

 4     it to foreign delegations.

 5             JUDGE ORIE:  Mr. Janic, that's perhaps the reason why

 6     Ms. Mahindaratne seeks verification of the accuracy of the booklet.

 7             Please proceed.

 8             MS. MAHINDARATNE:  And if we could move on to page 29.

 9        Q.   And we are -- if we look at the third paragraph and I will just

10     quickly read the relevant part.  The reference to special police and it

11     says:  "The special police, according to the inner structure, consists of

12     the special police sector with its departments," and it lists all the

13     departments, "in according with the territorial organisation of the --"

14             I'm sorry, I missed a part.

15             "... and other units which are located in police administrations

16     in accordance with the territorial organisation of the Republic of

17     Croatia."

18             Now, it says that the units which are located -- are located in

19     police administration.  Now, as I understand, Mr. Janic, it says that the

20     special police units are located in police administrations and I don't

21     read it as a -- as if these units come within the command structure of

22     the police administrations.  Can you be -- you would be in a very good

23     position to explain to the Trial Chamber what exactly the scenario is?

24             JUDGE ORIE:  Scenario of what?

25             MS. MAHINDARATNE:

Page 6389

 1        Q.   What exactly the relationship was between the special police

 2     units which were attached to the police administrations and the police

 3     administration.  Was it an administrative arrangement?

 4        A.   I can explain how this functioned.

 5             Well, for example police administration had five police stations

 6     and a special unit.  So the special unit of a police administration had

 7     the same administrative relationship with the head of the police

 8     administration, as was the case for some police stations within that

 9     police administration.  So the hierarchy was strictly established.  You

10     had the chief of the police administration at the head, then you had the

11     deputy chief, then you had departments.  You had the police departments,

12     you had the crime police department, you had the traffic police

13     department.  And then at the level of departments you had the special

14     units.

15        Q.   Now we saw yesterday a number of reports submitted by the special

16     police units after their operations to the special police sector.  Now

17     did the unit commanders of the special police units attached to the

18     police administrations submit reports on their daily activity, the mop-up

19     operations, for instance, to the chiefs of the police administrations?

20     And we saw the reports sent to the special police sector.

21             Now my question is:  Did they submit such reports to the

22     special -- the police administration chiefs?

23        A.   They didn't submit such daily reports but upon returning to their

24     base they would send reports to the chief of the administration on what

25     they had done during the course of their engagement.  But they didn't

Page 6390

 1     submit such daily reports, not with the sector of police units although

 2     they were under the command of the sector of special police units at the

 3     time.

 4        Q.   And did the chiefs of the police administrations take decisions

 5     about the operations or the activity of the special police units attached

 6     to the administrations?  And decisions, when I say, as to what operations

 7     they should carry out.  Or was it all controlled by special police

 8     sector?

 9        A.   The chief of the police administration planned and led units in

10     all situations in which the unit carried out its duties in the territory

11     of the police administration.  When the unit was called to join forces --

12        Q.   [Previous translation continues] ... my question was whether the

13     chiefs of the police administrations, and I'm not referring to the unit

14     commanders of the special police unit but the chief of the police

15     administrations, did he decide on the activities that the special police

16     units should carry out and issue orders such as, you know, for example,

17     carry out a mop-up operation in such-and-such an area.  The kind of

18     orders that we saw yesterday being issued by Mr. Markac and Mr. Sacic?

19        A.   They issued ordered for certain tasks not for searching the

20     terrain, because the units, when it came to those tasks, were under the

21     command of the sector.  But they did issue tasks or, rather, orders for

22     other tasks.  For example, if there was a certain situation in Osijek, it

23     was the special sector in Osijek that had to receive an order from the

24     chief in Osijek, from the police sector in Osijek, for example, if there

25     was a kidnapping case, a hostage case.

Page 6391

 1        Q.   Due to lack of time I will quickly move on, Mr. Janic, since I

 2     have to cover another area.

 3             Just one last question on that.  Now, if disciplinary measures

 4     had to be meted out against members of the Lucko unit within whose area

 5     of responsibility did that fall?  I mean since the Lucko unit stood

 6     independently would that be the special police sector?

 7             MR. KUZMANOVIC:  Your Honour, I think that went beyond what the

 8     scope of the cross was and there was nothing discussed there in cross.

 9             MS. MAHINDARATNE:  There was a reference to the Lucko unit not

10     being attached to the police administration.

11             JUDGE ORIE:  I think we have seen at least the statistics on

12     disciplinary matters.  Now, to be quite honest, I don't know whether that

13     was in chief or on cross.  You see it is not all the same to me.

14             MS. MAHINDARATNE:  In cross, Mr. President.

15             JUDGE ORIE:  In cross.  Then please answer the question, Witness,

16     Mr. Janic.

17             THE WITNESS: [Interpretation] Could the question please be

18     repeated.

19             JUDGE ORIE:  Who was competent for imposing disciplinary measures

20     in the Lucko unit?

21             THE WITNESS: [Interpretation] The commander of the unit was

22     responsible for disciplinary measures, in relation to unit members.  So

23     the commander had this responsibility and authority.  It was part of his

24     job description to initiate or to take disciplinary measures.

25             MS. MAHINDARATNE:

Page 6392

 1        Q.   Now, Mr. Janic, you are the -- you are currently the commander of

 2     the special police, if you see one of your subordinate units are

 3     suspected of committing a crime and you don't see any investigations

 4     initiated against that, what would you do?

 5        A.   Could you please clarify the question.  It is not quite clear to

 6     me.

 7        Q.   As commander of the special police your informed that your

 8     subordinate units may have -- are suspected of committing a crime and you

 9     see or it is brought to your notice that the unit commander responsible

10     for taking or initiating investigation or meting out disciplinary

11     measures has failed to do so, what would you do, as commander of the

12     special police?

13        A.   Well, I would then write to him and inform him of the facts I am

14     aware of and I would warn him about his duty to initiate disciplinary

15     procedures.

16        Q.   Going to another area due to lack of time.  Now, Mr. Janic, you

17     testified about artillery support that you asked for during the course of

18     the attack.  Now, you said that there were pre-determined targets.  Were

19     there any pre-determined targets in civilian populated areas in your line

20     of attack?

21        A.   No, there weren't.  Which stage are we talking about, the first

22     stage of Operation Storm or the entire operation --

23        Q.   [Previous translation continues] ... Operation Storm, the first

24     stage on 4th and 5th August?

25        A.   My line of attack was Velebit, Celavac, up until Prezid, so up

Page 6393

 1     until the road.  This was an uninhabited area; there weren't even

 2     villages in that area in my line of attack.  Apart from the first and

 3     second enemy lines and up to the Celavac repeater, there were no other

 4     facilities.  There were no other buildings so there weren't any

 5     targets --

 6        Q.   [Previous translation continues] ...

 7        A.   -- targets that you are referring to now.

 8        Q.   What were the pre-determined targets?  Were they soldiers or were

 9     there any other military installations or equipment, what were the

10     pre-determined targets?

11        A.   The pre-determined targets were the enemy positions and the depth

12     of their defence line the artillery positions their command post, their

13     depots, the targets were the enemy infrastructure that they used to

14     defend their lines.  Those were the exclusive targets that we had.

15     Whenever conducting an operation, well, it wasn't possible to have any

16     other targets.  All the targets were military targets.  The purpose was

17     to breakthrough the enemy defence line and to attain the operation's

18     objectives.  It wasn't possible to have any other objectives.

19             JUDGE ORIE:  Ms. Mahindaratne, I asked to you finish within the

20     15 minutes.  You've taken substantially more.

21             MS. MAHINDARATNE:  Mr. President, if I could just have two

22     minutes please.

23             JUDGE ORIE:  No.  Perhaps I would have a question as well.  I

24     limited you and to -- also I'm also looking at how you use your time, and

25     I can imagine that you would have started with the last subject rather

Page 6394

 1     than the other ones, prioritising matters.

 2                           [Trial Chamber confers]

 3             JUDGE ORIE:  I have one question for you.

 4                           Questioned by the Court:

 5             JUDGE ORIE:  A report was put to you, 21st of August, reporting

 6     on the activities and it was said that there were similar reports for

 7     every day.

 8             Now that report of the 24th [sic] of August mentions that at

 9     noon, Mr. Gotovina, Mr. Cermak, and Mr. Markac met briefly.  Do you know

10     anything about that meeting, on the 21st of August?

11        A.   No.

12             JUDGE ORIE:  Do you -- have you any idea about the frequency of

13     the gentlemen I just mentioned meeting in this period of time, in Knin?

14     So the three of them together.

15        A.   No.  I don't have any knowledge of that.  They were high-level

16     officials and I couldn't know anything about that.

17             JUDGE ORIE:  Yes.  That was my question.

18             Have the questions in cross or the questions by the Bench

19     triggered any need for further questions, Mr. Mikulicic?

20             MR. MIKULICIC:  No, Your Honour.

21             JUDGE ORIE:  Then, Mr. Janic, this concludes your evidence.  I'm

22     happy that at least where you had a strong wish to return today that at

23     least we could meet that wish.

24             I've one question for you.  Earlier we discussed the possibility

25     that the original of the handwritten report you said you may have at

Page 6395

 1     home, to be given to this Tribunal for inspection, not to lose it forever

 2     but for inspection.  Would you please check at home whether you can find

 3     it; and then the Victims and Witness Section will give you the -- the

 4     details of our Zagreb office, and you're invited, if you find it, to hand

 5     it over to them.  I then take it that you'll get a receipt for giving it.

 6     And if we would receive it, of course, it will be shared with the parties

 7     for inspection.

 8             Mr. Janic, I would like to thank you very much for coming a long

 9     way to The Hague, for answered all the questions by the parties and by

10     the Bench, and I wish you a safe trip home again.  And of course, first

11     of all, a timely trip home again.

12             We adjourn.

13             THE WITNESS: [Interpretation] Thank you.

14             JUDGE ORIE:  Mr. Registrar, we will adjourn until Monday, quarter

15     past 2.00.  That is Monday, the 14th of July, quarter past 2.00 in

16     courtroom number II.

17                            --- Whereupon the hearing adjourned at 1.50 p.m.,

18                           to be reconvened on Monday, the 14th day of July,

19                           2008, at 2.15 p.m.