1 Tuesday, 19 June 2007
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.23 a.m.
5 JUDGE ORIE: Good morning to everyone.
6 Mr. Registrar, would you please call the case.
7 THE REGISTRAR: Good morning, Your Honours. This is case number
8 IT-04-84-T, the Prosecutor versus Ramush Haradinaj et al.
9 JUDGE ORIE: Thank you, Mr. Registrar. The Chamber apologies for
10 the late start. We only have procedural issues today on my agenda. I
11 have a few. The first one is the Chamber would like to hear from the
12 Prosecution which will be the next witness to be examined when.
13 MR. RE: Your Honour, there may be -- I think there'll be a
14 protective measures application filed today.
15 JUDGE ORIE: Yes. That's the reason I didn't mention the name I
16 had on my mind.
17 Could we turn into private session for a second.
18 [Private session]
10 [Open session]
11 THE REGISTRAR: We are in open session, Your Honours.
12 JUDGE ORIE: Thank you.
13 Then I think for two witnesses, the last one being Vesel Dizdari,
14 92 ter statement should be read into the record. Again, for the public,
15 these summaries are read into the record, so that the public instead of
16 having to consult the filed statements by just listening to these
17 proceedings is approximately aware of what their evidence is about.
18 Please proceed, Mr. Kearney.
19 MR. KEARNEY: Thank you, Your Honours, and good morning.
20 This is the summary of 92 ter statement of Witness Vesel Dizdari.
21 "The witness is an Albanian male who was born in the village of
22 Kosuriq Kosovo, 1958."
23 JUDGE ORIE: Mr. Kearney, I now already may ask your attention for
24 the speed you developed within one or two lines.
25 MR. KEARNEY: It's a bad habit, Your Honour. I'm sorry.
1 "The witness currently resides and works in Kosovo with his
2 family. The witness was previously employed in various positions outside
3 of Kosovo, including as a cook in the Yugoslav Army in 1978 and 1979, a
4 physical labourer in Slovenia, and a miner in Switzerland.
5 "For a period during 1998, he lived with his family in Kosovo.
6 During that period, he was not a formal member of the KLA, but he was
7 involved in the protection of his village from the Serbs. During August
8 of 1998, he was captured and briefly held by the Serbs before being
10 "The witness states that there were KLA HQs in various locations
11 near his home, including in Baran, Strellc, and Vranoc. The witness does
12 not know who the individual commanders of these HQs were. The witness
13 states that although the KLA had no prison in Baran, there was a school
14 there used for military purposes. There was also a KLA presence in
15 Kosuriq with soldiers everywhere.
16 "The witness had a uniform with a KLA badge on the sleeve, but he
17 did not have official KLA papers. The witness saw some villagers wearing
18 black uniforms, but he did not have any real contact with them. He
19 thought they were part of the military police. When the Serbs attacked --
20 when the Serb attack occurred in September of 1998, the witness left and
21 went to Albania.
22 "On a date before 7 September 1998, the witness was ordered by
23 KLA Commander Mete Krasniqi to go to the home of Zenun Gashi in Kosuriq
24 and to bring him to the school in Baran. The witness did this and handed
25 Zenun Gashi over to Commander Mete Krasniqi. The witness also searched
1 the home of Zenun Gashi on the orders of Mete Krasniqi. Subsequently,
2 Mete Krasniqi told the witness to come and work for the military police.
3 "The witness did not use physical force on Zenun Gashi, nor did
4 he see anything being done to him by other soldiers. The witness did not
5 know the reason for Zenun Gashi's arrest. The witness did not know of any
6 other arrests. He heard his neighbour, Vuk Vukovic, was reported missing,
7 but he did not know anything further about the incident.
8 "The witness knew a shop owner named Sanije Balaj for five years
9 before September of 1998. He saw her being arrested in September of 1998
10 in Baran Kosovo."
11 JUDGE ORIE: Mr. Kearney.
12 MR. KEARNEY: "He saw her in the company of Commander Krasniqi,
13 other KLA soldiers, and two of her relatives. The witness did not
14 intervene in the conversation between Commander Krasniqi and Sanije Balaj
15 and does not know what the conversation was about. Later, Sanije Balaj's
16 brother asked the witness if he had seen his sister. The witness relayed
17 that he had seen her in Baran. The witness later heard people say she had
18 been murdered or went missing.
19 "The witness knew nothing about bodies in Lake Radonjic, either
20 during or after the war."
21 Your Honour, that concludes the statement of Witness Vesel
22 Dizdari. I do have one previous one for Witness 62, it's much shorter,
23 that has not been read into the record at this stage.
24 JUDGE ORIE: Yes. If you would do that now, that would be fine,
25 and if you would keep the pace of the last few lines, Mr. Kearney, that
1 would certainly assist both interpreters and the transcriber.
2 MR. KEARNEY: I will, Your Honour. Thank you.
3 This is a 92 ter summary for Witness 62. This witness testified
4 on the 12th and 13th of June.
5 "The witness is a Kosovar Albanian and lived with his wife and
6 two children in his home village in Kosovo, until the August 1998 Serb
7 offensive forced him to leave. His family was involved in a feud with
8 another Kosovar Albanian family. The witness was convicted for crimes
9 committed in the course of this feud and served six years in prison.
10 "On 25 June 1998, the Serbian police abandoned the witness's
11 area, and it fell under complete KLA control. Two Kosovar Albanians, whom
12 the witness considered his family's enemies, became KLA commanders of his
13 home village.
14 "A few days before the abduction of the witness's parents,
15 Rrustem Tetaj, dressed in a camouflage uniform bearing KLA insignia,
16 accompanied by soldiers wearing black uniforms, visited the witness's
17 family. He introduced himself as a deputy of Ramush Haradinaj and asked
18 the family to refrain from any retaliatory action against the other family
19 throughout the duration of the war in Kosovo.
20 "Two days after Tetaj's visit, a Kosovar Albanian, travelling
21 with the witness's parents on the road to Peje, was captured and held for
22 a short time by Montenegrins. Subsequently, this person was arrested by
23 Rrustem Tetaj and taken to Gllogjan headquarters, ostensibly because he
24 was travelling without a movement pass."
25 Your Honours, that is the conclusion of the second 92 ter summary.
1 Thank you.
2 JUDGE ORIE: Thank you, Mr. Kearney.
3 Then the Chamber still has to deliver a decision on protective
4 measures for Witness 63.
5 This is the Trial Chamber's decision on the Prosecution's 11th
6 motion for trial-related protective measures.
7 On the 29th of May, 2007, the Prosecution applied for protective
8 measures for a person whose statement has been introduced into evidence in
9 accordance with Rule 92 bis. This statement has Exhibit Number P339. The
10 Prosecution asked for the assignment of a pseudonym and that no
11 identifying information of the witness should be disclosed to the public.
12 The Defence has informed the Trial Chamber that it does not oppose the
14 The Trial Chamber has set out the standard to be met for granting
15 protective measures in numerous decisions, and there is no need to repeat
16 it here. The witness has expressed fear for his safety, and that of his
17 family, should it become publicly known that he has given evidence for the
18 Prosecution. The witness lives in a small village in Kosovo, together
19 with his family. Given the nature of the witness's testimony, the Trial
20 Chamber is satisfied that it may antagonise persons who reside in his
22 Therefore, as the Trial Chamber is satisfied that the requirements
23 for granting protective measures are met, the Trial Chamber grants the
24 Prosecution's request for pseudonym and that no identifying information of
25 the witness is disclosed to the public. The witness will be assigned the
1 pseudonym Witness 63, and the witness statement will be admitted under
2 seal. The redacted witness statement attached to the Prosecution's 11th
3 motion for trial-related protective measures will be admitted under the
4 same exhibit number, P339, as the public and redacted version of the
6 This concludes the Trial Chamber's decision on the Prosecution's
7 11th motion for trial-related protective measures.
8 I now move on to the next item; that is, two exhibits on which
9 still a decision on admission has to be taken. The first one is P340,
10 which is the testimony of Witness Jakup Krasniqi in the Limaj case,
11 transcript pages 3285 up to and including 3493, with eight annexes
12 attached. The Haradinaj Defence has already expressed that it has no
13 objections against admission. Originally, there were nine exhibits
14 attached, but one of them was a double for an exhibit that was already
15 admitted. Just to be sure, is there any objection from the Balaj or --
16 MR. GUY-SMITH: There is not.
17 JUDGE ORIE: -- Brahimaj Defence?
18 MR. HARVEY: Nor from the Brahimaj Defence.
19 JUDGE ORIE: Then P340 is admitted into evidence. Another exhibit
20 marked for identification, but no decision yet taken, is a hand-drawn map,
21 P352. If I remind the parties that it's not easy to follow the geography
22 on that map, where rivers seem to play an important role, then it may be
23 clear to all parties which map we are talking about. Are there any
24 objections against admission? I see nodding three times "no," therefore,
25 P352 is admitted into evidence.
1 I have no further matters on my agenda. The Chamber is waiting
2 for an update to be filed, I take it later today, of the witness list.
3 There is an informal request by the Defence where no clear answer yet
4 exists, as far as the Prosecution is concerned, to have a meeting with
5 lead counsel, not in court, to discuss some practical matters. There's no
6 need at this moment, I think, to make any submissions on the matter. The
7 Chamber has already indicated that it certainly will not take any steps,
8 will not follow any suggestion until the moment that it has received the
9 updated witness list.
10 The Chamber will also consider what exactly the purpose of such a
11 meeting should be, and therefore whether it should be held, yes or no. I
12 noticed that the parties may have different expectations at this moment
13 about it, but we'll wait and see and then further inform the parties.
14 At the same time, I thought it good that it is on the record where
15 sometimes, as I've explained earlier, sometimes informal communications do
16 exist, that if they go beyond what is purely practical, that it should
17 leave traces on the record so that the public knows what is going on. Is
18 there any matter to be raised by the parties?
19 Mr. Re.
20 MR. RE: I have another Rule 92 ter summary.
21 JUDGE ORIE: Yes.
22 MR. RE: For Mr. Cufe Krasniqi's evidence last week. Is it
23 appropriate for me to read it now?
24 JUDGE ORIE: Yes. That is appropriate.
25 Please proceed.
1 MR. RE: I know the interpreters and the transcribers have a copy,
2 but I will listen to the French when I am speaking so I can keep up with
4 JUDGE ORIE: Yes.
5 MR. RE: The French are now there.
6 This is a summary of the Rule 92 ter testimony of Mr. Cufe
7 Krasniqi, heard on the 14th and 15th of June, 2007, at pages 5703 to 5859
8 of the transcript.
9 "Cufe Krasniqi, a Kosovar Albanian, born on the 24th of March,
10 1959, in Peje municipality, was a KLA commander based in Baran from about
11 June 1998 on. He was a police officer in the Yugoslav police service
12 until he was dismissed from it in 1990. He hid from the Serb authorities
13 in the mountains of Hajle for about six years.
14 "In 1993, the witness heard about the KLA for the first time. He
15 joined the KLA in February 1998 at the request of Mete Krasniqi. The
16 witness was responsible for training young KLA soldiers in Vranoc under
17 the command of Din Krasniqi. To join the KLA, new recruits had to be
18 accompanied by someone guaranteeing for their trust-worthiness.
19 "By February 1998, it was well-known that Lahi Brahimaj commanded
20 an army in Jablanica. Jablanica was the oldest KLA headquarter in western
21 Kosovo because it was not easily accessible by the Serb forces. The KLA
22 was also organised in Gllogjan, which became the most important KLA
23 headquarters, after the attack on the Jashari compound in March 1998.
24 "The attack in Gllogjan in March 1998 was the first public
25 victory by the KLA. After this attack, the KLA started to operate openly.
1 By March 1998, 40 to 50 villages in the Dukagjini area were under KLA
2 control. Even after [sic] the Dukagjini Operational Zone was formally
3 established, Ramush Haradinaj was regarded as the de facto commander of
4 the area. The Serbian forces controlled the main road between Peje,
5 Decan, and Gjakove, but did not dare to enter the villages.
6 "From late March 1998 on, the Serbs were shelling the villages of
7 the Dukagjini Zone from their artillery positions. In early May 1998, the
8 Serbian police had retreated to the Irzniq police station from which they
9 evacuated. In June 1998, the last police station in the Dukagjini Zone in
10 Qallapek was evacuated.
11 "The KLA structure at the village level consisted of a general
12 commander, a deputy commander, an operations commander for training
13 soldiers, a logistics commander, and the commander of the guards.
14 "In May 1998, the witness met Idriz Balaj for the first time when
15 he was driving in his black Jeep. A month later the witness learned about
16 the Black Eagles that he considered a well-respected unit.
17 "In June 1998, the FARK officers under command of Tahir Zemaj
18 arrived in the Dukagjini Zone from Albania. The witness joined the Adrian
19 Krasniqi Brigade in Baran under Rrustem Berisha, but it was de facto led
20 by Nazif Ramabaja. In the same brigade were Musa Draga and Esat Ademaj.
21 Sadri Selca was also another KLA member in Baran reporting to Nazif
23 "Ramush Haradinaj visited the brigade two or three times and took
24 part in the oath-taking ceremony, together with Rrustem Tetaj, Nazif
25 Ramabaja, Tahir Zemaj, and many others at the Baran school on the 20th of
1 July, 1998. In June 1998, a military unit was formed in Baran school
2 under the command of Hasan Gashi. The military police of the KLA enforced
3 discipline in the KLA.
4 "On 6th of June, 1998, the battle of Loxha took place."
5 Can I just interpose. I think that was corrected in
6 cross-examination to July 1998; however, it appears in his 92 ter
7 statement as June.
8 JUDGE ORIE: Yes.
9 MR. RE: "From about the 26th of August to the 6th of September,
10 1998, the Serbs overtook the area in a big offensive against the
11 Albanians. In September 1998, Tahir Zemaj left Kosovo. After the fall of
12 Gllogjan, Ramush Haradinaj was with the witness at Prapaqan. The witness
13 later fled to Brolic and Jablanica."
14 MR. KEARNEY: Trial Chamber, may I have one moment with Mr. Re.
15 MR. RE: Mr. Kearney has just pointed out at page 9, line 2, if I
16 could just check it. Oh, yes. Where the transcript says: "Even after
17 the Dukagjini Operational Zone was formally established, Ramush Haradinaj
18 was regarded as the de facto commander of the area." Either I read it
19 incorrectly or it was transcribed incorrectly. The summary of the
20 witness's testimony actually reads the following. I'll read the two
22 "By March 1998, 40 to 50 villages in the Dukagjini area were
23 under KLA control. Even before the Dukagjini Operational Zone was
24 formally established, Ramush Haradinaj was regarded as the de facto
25 commander of the area."
1 JUDGE ORIE: Yes.
2 MR. EMMERSON: I simple observe there were a number of aspects of
3 the summary with which one might not necessarily agree, but the treating
4 of the summary as being --
5 JUDGE ORIE: The summary is not -- it's just to inform the public.
6 Now, I think it was good practice that the summaries would be presented to
7 the Defence so they can make comments to contribute, so that the way in
8 which the evidence is reflected and presented to the public is as precise
9 as follow. Therefore, I don't know whether that took place or not.
10 MR. EMMERSON: It did, and I've taken the general view with the
11 summaries provided, broadly speaking, reflect the 92 ter statement, then
12 given they're not evidence in the case, I'm not intervening in relation to
13 the content.
14 JUDGE ORIE: Only if it might mislead the public, which might not
15 be the case if you could argue about some details.
16 Mr. Harvey.
17 MR. HARVEY: Yes, Your Honour. I really only saw this for the
18 first time this morning, and I was a little troubled in paragraph 3 by the
19 statement: "In February 1998, it was well-known that Lahi Brahimaj
20 commanded an army in Jablanica," but I take that to be a reflection of the
21 witness's testimony at 5846, 20, where he said that, "At this time, every
22 village has its own staff, has its own army fighting against an army
23 belonging a state." So I think the word "army" is used in an extremely
24 loose sense at this particular juncture.
25 JUDGE ORIE: Yes. I do understand that you might have used other
1 words to express the same, but the evidence is the statement and any
2 additional testimony to that. And this is just to inform the public.
3 It's now all put on the record.
4 Any other procedural issues, Mr. Re.
5 MR. RE: I just don't have Mr. Krasniqi's statement in front of
6 me, but my clear recollection is that the statement uses the word --
7 JUDGE ORIE: Yes. When I said you would have just -- you would
8 have used another word, I did not refer to the summary but to the word
9 used by the witness and what he describes as a matter of fact. Let's not
10 further argue on this. Any other further procedural issues on this?
11 MR. RE: Not from the Prosecution.
12 JUDGE ORIE: Not from the Defence.
13 Then we adjourn to Thursday, the 21st of June, 9.00, Courtroom I.
14 --- Whereupon the hearing adjourned at 9.55 a.m.,
15 to be reconvened on Thursday, the 21st day of
16 June, 2007, at 9.00 a.m.