1 Thursday, 18 November 2004
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.34 p.m.
5 JUDGE PARKER: Unfortunately, Judge Van Den Wyngaert is unable to
6 sit today. It is expected that she will be able to sit tomorrow,
7 certainly by Monday. In the circumstances, Judge Thelin and I take the
8 view that this is an appropriate case in which the hearing may continue
9 in her absence and an order has been made to that effect under Rule 15
10 bis. Fortunately, given the technology available to us, it will be
11 possible for Her Honour to view today's proceedings even though she is
12 not here.
13 I believe, Mr. Topolski, we at last come to your opening.
14 [Defence Opening Statement]
15 MR. TOPOLSKI: And I take this opportunity to make these
16 following remarks by way of opening in the case of Isak Musliu.
17 When asked by ICTY investigators what his reasons were for
18 returning to Kosovo in 1998, a Prosecution witness from whom we shall
19 hear said this: "I just returned to protect the people of Kosovo." Were
20 the people of Kosovo in need of protection? Without a doubt; there had
21 been for Kosovo Albanians ten years of misery under an apartheid-style
22 regime that finally they could tolerate no longer. In the same month
23 that Isak Musliu, then aged 27, a farmer's son from the village of Recak,
24 one of nine children, four of who in due course were to join the KLA, and
25 that same month that he crossed the border from Albania into Kosovo,
1 March of 1998, Slobodan Milosevic invited the radical nationalist Seselj
2 to join his government. Seselj has previously advocated a policy of
3 infecting Kosovo Albanians with the AIDS virus. The people of Kosovo
4 were in need of protection.
5 By the end that same month, the concerted and concentrated
6 efforts of Serb forces were bent on a campaign against both the emergent
7 KLA and the Kosovo Albanian people as whole. The U.S. State Department
8 described it in this way, and I quote: "This campaign is most frequently
9 described as ethnic cleansing, intended to drive many, if not all, Kosovo
10 Albanians from Kosovo, destroy the foundations of their society and
11 prevent them from returning."
12 During the spring, Your Honours, and summer of 1998, the very
13 period covered by this indictment, Serb forces emptied villages of their
14 inhabitants, burnt their fields and their homes, and even slaughtered
15 their livestock. For once, statistics illuminate the picture. In the
16 year of 1998, the year we are dealing with, 1.934 Albanians were killed
17 and mutilated. Of that number, 229 were women, 213 were children, 395
18 were elderly. There were 2.626 Albanians detained by Serb forces, 41 and
19 a half thousand homes and 1.995 businesses destroyed, 500.000 people
20 forced to flee their homes.
21 Despite the enormity of these crimes, not one member of the Serb
22 forces who committed them has been indicted before this Tribunal, the
23 only persons indicted for any offenses - I underline these
24 words - arising from this period are these three defendants.
25 Milosevic's campaign, as Noel Malcolm observed, was not military
1 but demographic: the uprooting of as many of the rural population as
2 possible. Massacres, massacres committed by Milosevic's men throughout
3 this period will forever fester in the minds and hearts of those lucky
4 enough to have survived them.
5 In its pre-trial brief, the Prosecution say this: "This is not a
6 case," they say, "against the KLA or the Kosovar Albanian people." At
7 the same time, they allege that our client has committed crimes against
8 humanity by virtue of his being party to and part of a widespread and
9 systematic attack on the civilian population. We submit, bold as it may
10 sound submitted, that this will not be sustainable on the evidence, and
11 we further submit now that that proposition is offensive to the KLA and
12 to all those who fought within it and alongside it, by whom I include the
13 forces of NATO. It is our case that Isak Musliu worked and fought in
14 support of the civilian population, not as part of an attach upon it.
15 In Kosovo, this case is seen, we suggest, as one against the KLA
16 and against the Kosovo Albanian people. But we can only urge this
17 Tribunal from now on to have in its mind, which we are confident it will,
18 both the historical and political context in which the allegations in
19 this indictment are played out.
20 Our client remains unashamedly honoured to have served in the
21 KLA, which was not only the people's defender, but as Tim Judah described
22 it, one of the most successful guerrilla movements in modern history,
23 compelled, as someone observed, against their will to talk down the
24 barrel of a gun.
25 Support for that first assertion of ours comes from Sylejman
1 Selimi from whom you will hear, a Prosecution witness, who said this to
2 the ICTY investigators: "Every family were part of the army and the army
3 was part of them." Our client, to us, puts it slightly differently: "We
4 didn't fight because we like to fight, we fought to defend ourselves and
5 the people."
6 That second assertion, that assertion that describes it as the
7 most successful guerrilla movement in history, we suggest, is made out.
8 For how many, Your Honours, how many guerrilla movements have had
9 military the support of NATO? NATO, which flew 33.000 sorties in over
10 1.000 allied airplanes, dropping some 14.000 bombs and munitions and in
11 that way, for the first time in its 50-year history, resorted to the use
12 of its air force with the KLA in effect acting as its ground troops.
13 The purpose of that campaign, launched as you know in March 1999,
14 chronologically speaking a year after Isak Musliu crossed the border from
15 Albania was, in the words of President Clinton, and I quote: "to
16 seriously damage the Serb military capacity to harm the people of
18 It was to avoid, we submit, that very same humanitarian disaster
19 and not to perpetrate one that Isak Musliu joined and fought with the
20 KLA. In our brief, which the Tribunal would have of course seen, we say
21 this - and what I'm about to read is equally applicable, Your Honours may
22 think, to all I have been saying so far - and I quote from paragraph 9 of
23 our pre-trial brief: "In raising these facts, the Defence does not of
24 course intend to raise a defence of tu quoque. We readily acknowledge
25 that that defence, that is to say that the other parties committed
1 atrocities, is not a defence to a charge of war crimes or crimes against
2 humanity in this Tribunal. It is, however, submitted that in order to do
3 justice in this case, Your Honours must at all times bear in mind the
4 appalling reality of the human rights situation in Kosovo during the time
5 period alleged in this indictment. Moreover, it is of vital importance
6 to understand that some of the evidence presented by the Prosecution in
7 this case will come from members of FRY and the MUP, members of the
8 forces, we say, responsible for widespread atrocities in Kosovo. Thus,"
9 and I conclude the quote from our brief, "thus their impartiality and
10 credibility is clearly in issue, as if is any evidence presented by the
11 Prosecution generated as a result of investigations by such forces.
12 So, Your Honours, we invite and urge this Tribunal to give proper
13 and appropriate weight to the political and historical background to
14 these events and may we respectfully suggest to have four matters in mind
15 when coming to consider the Prosecution evidence in this case: Firstly,
16 the extent to which, if at all, evidence presented by current or former
17 members of the forces of the Federal Republic of Yugoslavia and the MUP
18 is or may be tainted or influenced by bias or worse, bearing in mind that
19 the Prosecution have not only not indicted anyone other than these
20 defendants for events in 1998 in Kosovo, but are also intending to call
21 as witnesses before this Tribunal as witnesses of truth as to the conduct
22 of Isak Musliu and members of the KLA with whom he was associated --
23 members of such forces as FRY and MUP as, for example, the former head of
24 state security, David Gajic; and Dragan Jasovic who describes himself in
25 his statement as a police inspector responsible for "political
2 The second matter which we invite you to have in mind is the
3 extent to which, if at all, those who make direct allegations of criminal
4 conduct and give evidence thereof have been or may have been directly or
5 indirectly influenced to do so.
6 Thirdly, the extent to which, if at all, there has been or may
7 have been collusion between witnesses.
8 And fourthly and finally, the extent to which, if at all, given
9 the rural nature of the locale in which many of these events we are
10 concerned with occurred, there are or may be old scores or old feuds
11 being settled, as opposed to the truth being told.
12 If the Prosecutor is being faithful to her duties under
13 Article 16 of the Statute of this Tribunal to investigate and prosecute
14 persons responsible for serious violations of humanitarian law, it is to
15 be hoped and it is anticipated that she will not shrink from nor allow
16 anyone to leave this building without, if appropriate, further
17 investigation; we shall see.
18 Despite setbacks that have been brought to the attention of the
19 Tribunal on previous occasions regarding the run-up to this trial, our
20 client continues to have sufficient faith in this Tribunal to entrust it
21 with his future. You, Your Honours, will be judging the man. But no one
22 can be separated from his time or his place. Truly, no man is an island.
23 You will hear evidence of the creditable work that he did in and on
24 behalf of the whole community when he served, as he did, for a time as a
25 police officer in Kosovo.
1 I just want to if I may, very briefly, read one or two extracts
2 from material which you are about through Mr. Lehtinen to have placed
3 before you. If either of Your Honours which to follow it, I think
4 believe you have the Lehtinen exhibits that are about to be produced.
5 The file I'm looking at contains tabs 21 to 32. My quotations are only
6 going to be brief, unless Your Honour wishes to follow them with me.
7 The first one I'm going to refer to is to be found behind tab
8 25 -- in fact, they all are. And the first page I'm going to go to is
9 U0036204, behind tab 25. I hope the pagination is sequential. I think
10 it is. U0036204 behind tab 25 ought to be a Kosovo police service
11 termination notice.
12 JUDGE PARKER: Thank you.
13 MR. TOPOLSKI: I'm going to start where "his police career
15 "His police career ended in May of 2002 on the stated basis that
16 he'd lied, that he'd got qualifications from the secondary school in
17 1998, when in fact he presented a diploma that he degreed, as they put
18 it, in 2002. So for that lie, he was sacked."
19 But I just want to invite the Court to look very briefly or to
20 hear me very briefly read an extract from another document to be found at
21 a few pages on at 36226 of the same part of the same bundle. 36226. For
22 what we have here are people from his area, ordinary people, asked on
23 behalf of the Kosovo police service what they thought of him. And
24 this - lest it be thought is a partial investigation - this must be being
25 done, given that it is being done in December 1999, at the very least
1 under the auspices of KFOR. In December 1999 as we see on this page
2 36226, a former teacher, a neighbour, of Isak Musliu describes him as an
3 excellent pupil, never saw him angry. Described at the bottom of that
4 box as being honest and sincere and is recommended.
5 Two pages on at 36228, another consultee, a civilian, a
6 neighbour, believes that the candidate will be able to work with other
7 ethnic groups. He has never committed any violence," I think it means,
8 "to anyone. The candidate can work.
9 At the bottom of that page: "The candidate" - and this is
10 another person who is speaking who is identified by name - "the candidate
11 is very calm and patient. There was no one around like him. No human
12 rights violations. This candidate is respected by all villagers,
13 compared to the police officers in the past, he will be 100 per cent
14 better than officers in the past. He is recommended."
15 The investigator's signature to that document, a Mr. Dermot
16 Wilson and its date, December 1999, is to be found at page 36230. Later
17 on in that bundle - I don't take you to it - one will see and Mr.
18 Lehtinen will show us that be November of 2000 he was being recommended
19 to lead special operations teams.
20 So we invite this Tribunal to delve beneath the surface of this
21 Prosecution's case, however compelling it may be from time to time. For,
22 beneath the surface lies the current, the ebb and flow, of history. In
23 due time and in due course, history will judge the work of this Tribunal.
24 In this trial, Your Honours will Judge the actions and activities of Isak
25 Musliu and his comrades while Kosovo looks on at us all.
1 On the first occasion I met him, Isak Musliu, earlier this year,
2 I asked him what he wanted out of these proceedings. His answer was
3 short, simple, and I quote: "That justice should prevail." Thus he
4 asks, through us, for no more and no less than that to which he is
5 entitled. We know, we know well, Your Honours will strive for both
6 justice and fairness in his case.
7 We are grateful to the Court's patience and for the opportunity
8 to make this opening statement.
9 JUDGE PARKER: Thank you very much. Thank you, Mr. Topolski.
10 [Trial Chamber confers]
11 JUDGE PARKER: Mr. Cayley -- no? Mr. --
12 MR. WHITING: It's Mr. Whiting.
13 JUDGE PARKER: Yes. We are at the point now where you commence
14 your evidence.
15 MR. WHITING: Thank you, Your Honours. I'm Alex Whiting for the
16 Prosecution. The Prosecution calls as its first witness Mr. Ole
18 While Mr. Lehtinen is coming in, if I could just say that with
19 this witness I will be using three binders of documents which should have
20 been provided to you; in addition, a booklet of maps and two other
21 booklet entitled "Locations and Victims."
22 [The witness entered court]
23 JUDGE PARKER: Good afternoon.
24 THE WITNESS: Good afternoon, Your Honour.
25 JUDGE PARKER: If you would be kind enough to take the
1 affirmation which is on the card in front of you.
2 THE WITNESS: Can I read it.
3 JUDGE PARKER: Yes.
4 THE WITNESS: I solemnly declare that I will speak the truth, the
5 whole truth, and nothing but the truth.
6 JUDGE PARKER: Thank you very much. Please sit down.
7 THE WITNESS: Thank you.
8 JUDGE PARKER: Yes, Mr. Whiting.
9 WITNESS: OLE LEHTINEN
10 Examined by Mr. Whiting:
11 Q. Good afternoon, sir. Can you state your name.
12 A. My name is Ole Lehtinen.
13 Q. And you are an investigator at the ICTY?
14 A. That's correct.
15 Q. For the Office of the Prosecution?
16 A. Correct.
17 Q. How long have you so been employed?
18 A. I have been employed here since September of 2002.
19 Q. Can you tell us how long you have been involved in the
20 investigation of this case.
21 A. Since I was employed. That's September of 2002.
22 Q. And what has your role been in this case?
23 A. I've been one of the principal investigators for this case.
24 MR. WHITING: Your Honour, if I could go briefly into private
25 session for some additional background questions.
1 JUDGE PARKER: The reason?
2 MR. WHITING: I don't want to identify the -- or country of
3 origin of this witness.
4 JUDGE PARKER: You mean it will be an extremely brief private
6 MR. WHITING: Yes, Your Honour.
7 JUDGE PARKER: Very well, private session.
8 [Private session]
14 [Open session]
15 MR. WHITING:
16 Q. Sir, without mentioning further the country, could you tell us
17 briefly your background before coming to the ICTY.
18 A. I've worked as a police officer since 1990. I did two years as a
19 patrolling officer. And after that I have been involved in various kinds
20 of investigations as a police officer.
21 Q. Before coming to the ICTY, did you have any experience in the
23 A. Yes. I served as a peacekeeper in the former Yugoslav Republic
24 of Macedonia and in Croatia during the years 1995 and 1996, and as a
25 international police officer in Kosovo in 2000 and 2001.
1 Q. During the latter tour of duty, what were your responsibilities,
3 A. As an international police officer, I served in a police station
4 in town called Glogovac, west of Pristina. These were various kinds of
5 police duties and training local new recruits. After that, I moved to
6 the regional headquarters in Pristina where I served as head of regional
7 communications centre and regional office of planning and operations.
8 Q. In your capacity as an investigator in this case, have you had
9 opportunity to visit the sites where alleged crimes took place?
10 A. Yes, I have.
11 Q. I'm going to draw your attention to a booklet of maps which
12 should be next to you. The ERN on the booklet is U008-3701 to 3710. If
13 you could put the maps on the ELMO --
14 A. One at a time, I guess?
15 Q. One at a time.
16 MR. WHITING: And if we could have the ELMO up.
17 Q. Could you tell us what this first map is, please.
18 A. This map highlights Kosovo here, highlights Kosovo as part of the
20 Q. The next map, please.
21 A. This map is a simple map and places and highlights Kosovo in
23 Q. If you could go to the next map, please.
24 A. This is a map of Kosovo with immediate surroundings called
25 "Planning Map, Kosovo, 1998."
1 Q. And certain villages are identified on this map.
2 A. Yes.
3 Q. If we could go to map 4, please. What's shown on this map?
4 A. This is a map that shows the divisions of municipalities in
5 Kosovo as they were during the war, in 1998/1999.
6 Q. Did they change after the war, the municipality lines?
7 A. There's been a slight change in the area of interest. After the
8 war one more municipality was added. It's the municipality of Malisevo
9 which was carved out a few of the other municipalities, Kline, Rahovec
10 and Suhareke.
11 Q. Now, I notice there are two names on this map. Could you explain
12 that to the Court, please.
13 A. Yes. On this map there are always two names for each
14 municipality. The name above is the Albanian name of the municipality
15 and below is the Serbian name of the municipality.
16 Q. What are the brown lines on the map?
17 A. The brown lines are significant highways in the area.
18 Q. And does Lapusnik appear on this map?
19 A. Yes. Lapusnik is marked and has an arrow to the spot where it
20 says Lapusnik.
21 Q. Could we turn to the next map please, map 5. What does this map
23 A. On this map, the municipalities of main interest in this
24 investigations are highlighted. There's the six most important
1 Q. Could you identify them, please.
2 A. They are Kline, Rahovec, Glogovac, Suhareke, Lipjan and Shtime.
3 Q. And again, the Albanian name is first and then the Serbian name?
4 A. That's correct.
5 Q. I notice there are a number of villages identified on this map.
6 Could you explain the significance of those villages.
7 A. Yeah. These are villages that are of some interest in the
8 investigation. They are villages that are mentioned by witnesses to be
9 of some importance.
10 Q. Is there a scale on this map?
11 A. There's a scale on the bottom. I don't know if it's visible on
12 the screen now, but it's a scale of 20 kilometres.
13 Q. And there is a box around Lapusnik which is identified as area of
14 image 8.
15 A. Yes. Later on these map is an image of area 8 and this is area
16 of that image.
17 Q. Thank you. Could we go to the next map, please, map number 6.
18 I'm going to ask for the benefit of the interpreters that you pause after
19 my question.
20 A. That's fine.
21 Q. What does this map show?
22 A. This is a topographic map of approximately the same area as the
23 previous one. It has the same villages marked on it as on the previous
24 one. The area of this map is from Pristina in the east here up to
25 approximately Malisevo in the west.
1 MR. WHITING: I would ask if we could zoom in a little bit on
2 this map on the ELMO. Thank you.
3 Q. Does this map also have the area of image 8 marked on it?
4 A. Yes, it's the same area.
5 Q. Does this map have a scale on it?
6 A. Yes. On the bottom there's a scale of 18 kilometres.
7 Q. Now, using the scale can you approximate the distance -- well,
8 first, could you point out on the map with your pointer where Lapusnik is
9 and where Klecka is.
10 A. Yes, Lapusnik is here and Klecka is here.
11 Q. Using the scale could you approximate the distance between those
12 two locations.
13 A. Yes. I'll use this ruler.
14 Q. You have a ruler there that you're --
15 A. Yes. It would be approximately 7 kilometres.
16 Q. And could you approximate the distance between Lapusnik and
17 Carraleve and point that out for us, please.
18 A. Yes, Lapusnik is here and Carraleve is here.
19 Q. What is the distance?
20 A. It's approximately 15 kilometres.
21 Q. Now, on this map could you identify the approximate location
22 where, according to witnesses, Serb forces were located in the
23 spring/summer of 1998.
24 MR. GUY-SMITH: Objection.
25 JUDGE PARKER: Yes, Mr. Gregor --
1 MR. GUY-SMITH: Objection. That calls for a conclusion.
2 You can call me Mr. Gregor.
3 JUDGE PARKER: If you wouldn't mind standing.
4 MR. GUY-SMITH: Objection. Calls for a conclusion. Relies on
5 hearsay statements that are not at this point in time been introduced,
6 and invades the province of the Court.
7 JUDGE PARKER: That would be a very, very forceful submission
8 were we applying purely common law rules of evidence. The position,
9 though, is that at the moment the Chamber will receive this evidence, but
10 whether any weight, and if so, what weight will attach to it will depend
11 to what extent the question of hearsay is clarified by other evidence and
12 it is shown to be reliable.
13 MR. GUY-SMITH: I appreciate the Court's ruling. My concern for
14 it specifically is when this witness who is --
15 THE INTERPRETER: Microphone, please.
16 MR. GUY-SMITH: [Previous translation continues]... who has been
17 called for purposes of dealing with summary evidence is indicating that
18 his conclusions - and it is the conclusions that I am concerned about -
19 is the predicated on unknown witness statements. I believe that it
20 violates a number of serious considerations. And it's for that reason
21 that I raise the objection, Your Honour.
22 JUDGE PARKER: Your point is well-made. It was, though,
23 anticipated, and I propose that the prosecuting counsel be most careful
24 and specific as he adduces this evidence so that we understand what it is
25 this witness is able to speak about and upon what basis.
1 MR. GUY-SMITH: Thank you.
2 JUDGE PARKER: And I don't think I need repeat that, Mr. Whiting;
3 you've got the message, I trust?
4 MR. WHITING: I understand, Your Honour.
5 JUDGE PARKER: Thank you.
6 MR. WHITING: Let me back up.
7 Q. Mr. Lehtinen, have you had occasion to speak with witnesses who
8 will testify at this trial about where Serb forces were located in this
9 area during the spring and summer of 1998?
10 A. Yes, I have.
11 Q. And did those witnesses show you on -- either describe for you or
12 show you on a map where the Serb forces approximately were located?
13 JUDGE PARKER: Let it be clear that we in receiving this evidence
14 will treat it as merely, in a sense, an introductory summary and it will
15 be of no weight in our view unless later witnesses substantiate the basis
16 for it.
17 MR. WHITING: Yes, Your Honour. And I appreciate that and that
18 is -- actually will be the case for a good number of questions with this
19 witness, that it will be -- it will be -- in order to situate the
20 evidence and put it into context, I will anticipate evidence that will be
21 coming in later. I will not ask the Court to give what Mr. Lehtinen says
22 about the evidence any weight whatsoever. It's simply to situate and
23 orient the Court with respect to these documents.
24 JUDGE PARKER: That could be valuable if in your questioning you
25 could make clear when it is that you are asking the witness to anticipate
1 his understanding of the evidence of witnesses to follow. That being
2 done, what I have just said will apply to all of that, that is that we
3 will not ourselves attach any weight to what is said about these facts
4 if that does not prove to be substantiated by other evidence.
5 MR. WHITING: Thank you, Your Honour.
6 Q. Mr. Lehtinen, keeping in mind my question previously about what
7 you've been told by witnesses who will testify in this case, could you
8 mark with a pen the location that was told to you of Serb forces.
9 A. Yes. And to answer the previous question, I've been shown both
10 on a map and in the actual terrain where the Serb forces were --
11 approximately were situated at the time. Having Lapusnik here, the white
12 area on the map here is a valley and the Serb forces were, according to
13 witnesses, situated on the east side of this valley. And on this
14 crossroads in Komorane here is where the Serb MUP police had a
15 checkpoint. And that is more or less the line of the front line of the
16 Serb forces at the time.
17 Q. Now, just so that the record is clear, when you refer to the
18 valley, you pointed to a white area on the map that's between Lapusnik
19 and the line, the blue line that you have now drawn. Is that correct?
20 A. Yes. That's correct.
21 Q. Now, can you put a mark -- can you -- are you able to see on this
22 map -- well, let me back up for a moment. Have witnesses identified for
23 you where the alleged prison camp in Lapusnik was?
24 A. Yes.
25 Q. Have you been to that prison camp?
1 A. I have.
2 Q. Can you see on this map where that alleged camp is located?
3 A. This map is not very -- not so clear about those small roads
4 there, but I can point it out more or less where that is.
5 Q. Can you put a dot where that is.
6 A. [Witness complies]
7 Q. Now, could you, using your ruler and the scale, could you tell us
8 the distance between the alleged prison camp and the location of the Serb
10 A. That would be approximately 4 and a half kilometres.
11 Q. If we could turn to the next map, please, which is actually
12 designated image 7.
13 A. Can we zoom out a little bit?
14 MR. WHITING: That's perfect. Thank you.
15 Q. Now, what is this image?
16 A. This is an aerial image of the area of Lapusnik and the village
17 of Berisa and the mountains in Berisa.
18 Q. From where was this image obtained?
19 A. This is KFOR, which is the NATO-led armed forces.
20 Q. What does that stand for?
21 A. The Kosovo Forces.
22 Q. Now, this image on the monitor is sideways, but could you
23 identify what that road is at the top of image which is on the right of
24 the screen.
25 A. The top of the image is here and this highway is the
1 Pristina-Peja highway, which was also visible on the other maps.
2 Pristina is here and Peja/Pec is this way.
3 Q. And could you point to the location of the alleged prison camp.
4 A. It's here.
5 Q. Now, could you point to the location of the exhumation of bodies
6 at Berisa.
7 A. Here.
8 Q. Is there a scale on this image?
9 A. This image has a grid which is divided into squares and each
10 square is 500 metres.
11 Q. Did the image come with this scale on it?
12 A. Yes.
13 Q. Using the scale, could you tell us a distance between -- as the
14 crow flies -- between the alleged prison camp at Lapusnik and the
15 exhumation site at Berisa.
16 A. This is -- counting the squares is -- [B/C/S on English channel]
17 Q. As a witness during this investigation, has a witness described
18 the route that was taken by prisoners on or about the 26th of July, 1998,
19 from the prison camp in Lapusnik to the execution site in Pristina?
20 A. Yes.
21 Q. Can you take a pen and draw for us the approximate route on
22 map --
23 A. Your Honour, I'm not sure if I should say this in open session --
24 Q. Your Honour, actually it would be prudent to go into private
25 session, since this is a witness who --
1 JUDGE PARKER: Private session for the --
2 [Private session]
11 Page 453 redacted. Private session.
11 Page 454 redacted. Private session.
6 [Open session]
7 JUDGE PARKER: Now, Mr. Whiting, unfortunately while still in
8 private session there was then a submission against the course that
9 you're now following on the general grounds of want of notice.
10 MR. WHITING: That's correct, Your Honour. I'll start again.
11 I'll address first the point with respect to the witness. I don't see,
12 frankly, how the Defence is prejudiced if we adopt a course with this
13 witness of protecting his identity. And I would ask that we be allowed
14 to do so.
15 With respect to Mr. Lehtinen's evidence, I am not aware of any
16 rule in the Rules of Procedure and Evidence which require that a
17 statement be produced of a witness -- that a statement be created for a
18 witness before that witness testifies. The rules obviously require that
19 if a statement exists, that it be produced to the Defence. But there is
20 no rule which requires that a statement be created. Of course, there is
21 a requirement under 65 ter that a 65 ter summary of the expected
22 witness's testimony be provided to the Defence. That was done.
23 In addition, this -- we provided to the Defence all of the
24 exhibits that we expect to tender through this witness long -- a number
25 of days ago, more than a week ago now. We produced the list, we produced
1 the actual exhibits at the beginning of the week.
2 Finally, it is my understanding that it is a convention of this
3 Tribunal that investigators are allowed to testify, to put in exhibits
4 and that they are not required to put in -- to create a statement which
5 scripts their testimony beforehand.
6 I said finally, but I will make one last point and that is, I
7 expect a certain amount of commentary with respect to these maps with the
8 understanding that I already described for the Court, that it will be
9 anticipating the testimony of other witnesses who will testify at the
10 trial. With respect to most of the documents that go through, I will do
11 nothing more than, as we said, identify the origin of the documents and
12 highlight certain relevant portions of the document for the Court's
13 consideration, perhaps on occasion, have the witness identify a location
14 on a map simply to orient the Court. In other words, the commentary on
15 these documents is going to be extremely limited.
16 [Trial Chamber confers]
17 JUDGE PARKER: Without wanting to go into a full review of the
18 scope of the Rules or of any so-called practices, I think it would be
19 seen to be fundamental to the conduct of these proceedings, Mr. Whiting,
20 that there be notice to the Defence of all material evidence that will be
21 adduced from any witness called on the part of the Prosecution. And
22 whether that is achieved by way of a statement, if one exists, or by a
23 notice of the testimony under the rule you quoted, is not material. Save
24 that, if there is no full statement, the form of the notice would
25 necessarily have to be much more adequate and extensive. That I've
1 mentioned so that there can be no misapprehension for the future of where
2 the Chamber would see the position lies.
3 Now, in respect of the present witness, there is a question which
4 cannot at the moment be dealt with adequately as to whether the evidence
5 that you anticipate leading from the witness will involve matters of
6 significance or not. From what the Chamber has indicated already, I
7 trust it will be clear to both Defence counsel and to prosecuting
8 counsel, that essentially what is being done with these maps could be
9 viewed almost as an extension of the opening remarks of counsel,
10 introductory comments to which the Chamber will attach no weight whatever
11 if there is not other evidence in due course to substantiate what is
13 So that we are having what may be seen, I trust, as the benefit
14 of some introductory orientation with the maps. But if the evidence
15 doesn't bear out what is being said, all can be assured that the Chamber
16 will be not acting and giving weight to what is now being said in a
17 helpful spirit by the witness. As the evidence progresses, if the
18 witness is merely tendering documentary evidence and then for convenience
19 of everybody identifying particular parts of it seem to be of special
20 significance, again, there is unlikely to be any particular difficulty.
21 But if the witness should go to other matters and purport to move on to
22 matters of substance, it could well be the result if the Defence of any
23 one of the accused finds themselves embarrassed that there will need to
24 be time allowed before cross-examination so that any embarrassment can be
25 dealt with. Now, is that much clear, Mr. Whiting?
1 MR. WHITING: It is absolutely clear.
2 JUDGE PARKER: Mr. Kahn.
3 MR. KHAN: It is, Your Honour.
4 JUDGE PARKER: And are you satisfied with the position? Don't
5 get too fussy, I'm just giving you --
6 MR. KHAN: Well, Your Honours, it's always dangerous to ask a
7 question. Well, Your Honour, I'm grateful for the way you --
8 JUDGE PARKER: I don't mind having mine pointed out at all.
9 Now, with respect to the question of the naming of the witness,
10 Mr. Whiting, it seems in view of what has been said in the opening, in
11 the course of proceedings so far, that there would be little point in
12 there not being freedom for counsel or a witness to name that witness,
13 because it is very much already in the public arena that the person will
14 be called as a witness. What would appear to the Chamber to be important
15 would be that when it comes time for that witness, the protective
16 measures be in place so that it will not be apparent that this is the
17 witness that had been earlier named at various times. If you would give
18 consideration to that for the moment, we would think if yourself were to
19 name that witness, that would not in itself present a difficulty.
20 There seems to be a technical problem for a moment. We'll pause.
21 Technology has a habit of getting us by the ankles when we least expect
22 it. This has occurred with LiveNote. We will need to adjourn so that
23 the tape can be sorted. And we will take then the break until five
24 minutes to four.
25 --- Recess taken at 3.34 p.m.
1 --- On resuming at 3.58 p.m.
2 JUDGE PARKER: Mr. Powles.
3 MR. POWLES: May it please, Your Honours. It was the intention
4 of myself on behalf of Mr. Musliu to make an oral application pursuant to
5 Rule 73 for an order for disclosure of certain material from the Office
6 of the Prosecutor.
7 JUDGE PARKER: Mr. Powles, could I just ask you to pause a
8 moment. I gather that the last moments of what transpired before the
9 break eluded the stalled technology and I'll ask somehow to recreate what
10 it was I was saying in those moments. The point being addressed I
11 believe was to Mr. Whiting, and it was concerning the naming of the
12 witness who we have been mentioning. And the suggestion made by the
13 Chamber was that as that name is already in the public domain from the
14 Prosecution opening and so forth, that it would appear unnecessary to go
15 into closed session whenever counsel or another witness refers to that
16 person. But that it would appear important that when that person comes
17 to give evidence, that there be appropriate protective measures at that
18 time. Now, I -- well, I believe I was in the process of inviting you,
19 Mr. Whiting, to consider that position. And in due course, not
20 necessarily now, that is hopefully tomorrow, to indicate whether you see
21 that to be a practical result. If not, if you could with some precision
22 identify what you see to be wrong with it and what you would suggest in
23 its place. I take it you would like time to reflect on that and it could
24 be done tomorrow.
25 MR. WHITING: That's fine, Your Honour.
1 JUDGE PARKER: Thank you.
2 Now, Mr. Powles, I'm sorry.
3 MR. POWLES: Your Honours, yes, it's really in relation to the
4 timing of that application. I'm in Your Honours' hands as to whether you
5 would like me to make that application or at the end of the session -- at
6 the end of the day. I don't anticipate it would last for more than 10 or
7 15 minutes for both myself to make that application and for the Office of
8 the Prosecutor to respond.
9 JUDGE PARKER: I think it would be more polite to the witness to
10 continue now. Perhaps we can allow ourselves the luxury of 10 or 15
11 minutes at the end of the day.
12 MR. POWLES: Very grateful, Your Honour.
13 JUDGE PARKER: Yes, Mr. Whiting.
14 MR. WHITING: Thank you, Your Honour.
15 Q. Mr. Lehtinen, during the break I was asked by more than one of
16 the interpreters that, number one, we slow down and number two, we insert
17 a pause between question and answer.
18 A. That's fine.
19 Q. Before the break I was asking you about image 7 which is on the
20 screen, and you were about to draw for us the route taken by prisoners,
21 according to this witness, on or about 26th July from the alleged camp in
22 Lapusnik to the execution site in Berisa. Could you take your pen and do
23 that for us now, please.
24 A. I hope this will be visible on the screen, but -- so the alleged
25 prison camp is over here and the witness describes the route as coming
1 out of the -- coming out of the prison and turning right. And along this
2 road -- down here there's a few possibilities of taking paths up along
3 the hill, but it is on the lower side -- on the right side of --
4 actually, on the screen it's on the lower part of the screen along the
5 mountain, but going up the hill and towards this peak, this is a very
6 significant peak in the area, a big stone. And ending up at this road
7 that is actually a more visible road and continuing along this road. And
8 at some stage which is not fully clear which of these roads it is,
9 turning to the left and ending up at the point which is the execution
11 MR. WHITING: Thank you. Now, did this same witness describe --
12 identify a point along this route where the group met up with a
14 A. Yes, that's right.
15 Q. And according to the witness, who was the commander?
16 A. That was commander Celiku.
17 Q. Could you identify on the map the location of that point along
18 the route.
19 A. Yes. Do you want me to mark this?
20 Q. Yes. Yes, please.
21 A. This crossroads here. I'll make a circle around.
22 Q. Have you been to that location?
23 A. Yes, I have.
24 Q. Do you know what the grid reference of that location is?
25 A. Yes. And I can give the grid reference from the image.
1 Q. Please do so.
2 A. It's approximately 4 -- in an eastern direction, it's 48750, and
3 in a northern direction 471055.
4 Q. Thank you. If you could turn to the next image, please, which is
5 image 8. Could you tell the Court what this is an image of.
6 A. This is a similar aerial image to the previous one. It's a
7 close-up of the part of the village of Lapusnik which is on the southern
8 side of the Pristina-Peja highway which is visible in this upper part of
9 the image.
10 Q. Where did this image come from?
11 A. This is also from KFOR.
12 Q. Is this image -- this is identified as image 8. Is this the area
13 of the image that is marked on maps 5 and 6 that we have seen before?
14 A. That's correct.
15 Q. Now, there is a red line on the map. What is that red line?
16 A. Yes. This red line shows the front line direction of the Kosovo
17 Liberation Army, KLA troops, in Lapusnik. And I can explain this.
18 Q. Before you explain it, have you been to this location with a
19 witness who will testify in this trial?
20 A. Yes, I have.
21 Q. And who was that?
22 A. That was Mr. Fadil Qadraku.
23 Q. And was he in the Kosovo Liberation Army during the spring and
24 summer of 1998?
25 A. Yes.
1 Q. Did he identify at the location fighting positions?
2 A. Yes, he did.
3 Q. Now could you give your explanation, please.
4 A. The alleged prison camp and KLA headquarters at the certain time
5 of the spring and summer of 1998 is circulated with a red circle on this
6 image. The fighting positions were located on this image on the left
7 side of this red line, one facing the Pristina-Peja highway out here in
8 the upper part of the picture.
9 Q. Just --
10 A. Sorry.
11 Q. I'm sorry to interrupt, but just so we have a clear record, when
12 you're pointing to that first fighting position you're pointing to the
13 end of the red line that is in the upper part of the picture?
14 A. That's correct.
15 Q. Please continue.
16 A. The next one is very close to this crossroads which is visible on
17 the picture. And then --
18 Q. With -- I'm sorry to interrupt. With your pen could you mark
19 that particular one, that is near the crossroads.
20 A. [Witness complies]
21 Q. Can you please continue --
22 JUDGE PARKER: Marked with a cross.
23 MR. WHITING: Thank you, Your Honour.
24 THE WITNESS: Then there's two or three more along this --
25 actually this -- on the left side of the red line is a mountain ridge and
1 along this mountain ridge is -- the fighting positions are located. And
2 there's two or three more of them along the red line.
3 MR. WHITING:
4 Q. On the right side of the red line, what is there? Just
6 A. Topographically, the red line actually runs along the slope of
7 the mountain. And below, and in the picture on the right side of the red
8 line, is a valley. And on the other side of the valley is where
9 witnesses describe the Serb forces to be positioned.
10 Q. Is there a scale on this image?
11 A. This image is divided into the same grid as the previous one,
12 with squares that are 500 metres each.
13 Q. Using the grid on the image, could you estimate for us, please,
14 the distance between the alleged prison camp which is within the red
15 circle and the fighting position which you have marked with a cross.
16 A. The distance from the alleged prison camp here and this position
17 would be approximately 350 metres.
18 Q. Using the scale again, could you estimate for us, please, the
19 distance between the other -- let's say the furthest fighting position.
20 A. Yes. The furthest fighting position is in the lower part of the
21 picture at the end of the red line. And the distance is approximately
22 600 metres.
23 Q. And these are the KLA fighting positions?
24 A. That's correct.
25 Q. If we could turn to the next image, please, image 9.
1 Mr. Lehtinen, could you tell the Court what this -- what is
2 depicted on this image, please.
3 A. Yes. This is a close-up of the previous image and shows a
4 smaller area. The directions on this image are the same as on the
5 previous one.
6 Q. What is contained within the red circle on this image?
7 A. Again, the red circle circles the same as on the previous one,
8 which is the alleged prison camp and the KLA headquarters.
9 Q. Does this map have the same origin as the other images, 8 and 7?
10 A. That's correct.
11 Q. Is there a scale on this map?
12 A. Yes. Again, there is a grid with squares. And each square on
13 this one is 100 metres.
14 Q. Now, could I draw your attention, please, to the road that runs
15 from the crossroads at the top-centre of this image to the alleged prison
17 A. Yes. The crossroads you refer to is this. And the road leading
18 to the alleged prison camp runs like this.
19 Q. Have you travelled on that road?
20 A. Yes, I have.
21 Q. Now, in this image the -- that road, is it obscured in parts by
22 the trees. Is -- are there any impediments on that road?
23 A. No. The trees cover it partly, but it's a perfectly driveable
25 Q. If we could turn to the next image, please. This is designated
1 map 10. Could you tell us what this is, please.
2 A. Yes. This is a map of Kosovo and the immediate surroundings.
3 And the red lines on this map indicate the approximate division of KLA
4 into operational subzones.
5 MR. WHITING: Your Honour, I would -- I should have done this
6 earlier. I would ask that this booklet of maps be given an exhibit
7 number, please.
8 JUDGE PARKER: It will be received as an exhibit, as a bundle.
9 THE REGISTRAR: That will be Prosecution Exhibit P1.
10 MR. WHITING: Your Honour, the witness has marked three of the
11 maps or images. It's my intention at the end of his presentation to also
12 mark those as separate exhibits, the ones that he has marked. It may
13 occur that he will have to make additional markings on those images,
14 which is the only reason I'm not doing it now.
15 JUDGE PARKER: The transcript presently reveals the map numbers
16 in the exhibit, the individual map numbers that have been marked by the
17 witness. I leave it to you, if you feel you need to take other steps.
18 MR. WHITING: Thank you, Your Honour. I just think the markings
19 will need to be in evidence, so we will have to mark them somehow.
20 Q. Could I draw your attention, Mr. Lehtinen, to a so-called
21 360-degree presentation, which we have presented -- offered to the Court
22 as D000-1383. It's actually a CD. And I would ask that that be given a
23 number as well.
24 THE REGISTRAR: That will be Prosecution Exhibit P5.
25 MR. WHITING:
1 Q. This is a computer presentation of photographs. The witness will
2 lead the Court through the presentation by use of his laptop computer.
3 And I would ask the witness please to bring up the programme on the
4 computer now.
5 A. Okay.
6 Q. Mr. Lehtinen, could you explain to the Court what this
7 presentation is, please.
8 A. This is a presentation which is done with a special programme by
9 -- of multiple pictures taken in the area of Lapusnik and in more
10 specific places in the area.
11 Q. When was it made?
12 A. In the summer of 2003.
13 Q. Can you explain in a little more detail how it was prepared.
14 A. Yes. The area of Lapusnik was visited and a lot of pictures were
15 taken, both on the ground and from the air. In specific places, pictures
16 were taken from a camera stand and taken in 360 degrees. These pictures
17 were then, using the special programme, stitched together and -- so that
18 you can go into the image and feel like you're actually looking around in
19 the area.
20 Q. Before we open up the programme, I'd like to draw your attention
21 to this booklet of images which is labelled "locations." Do you have
22 that before you?
23 A. Yes.
24 MR. WHITING: I would ask that this be given an exhibit number,
1 THE REGISTRAR: That will be Prosecution Exhibit P6.
2 MR. WHITING:
3 Q. Mr. Lehtinen, what is contained in this booklet?
4 A. This booklet shows aerial pictures of the Lapusnik area and
5 specific pictures picked out of this presentation.
6 Q. Could you open up the programme, please, in the computer.
7 A. Okay. Along the way, when we use the programme I'd like to also
8 explain how the programme is being used, if that's okay.
9 Q. Yes, please. Thank you.
10 A. When an image is showing on the screen of the computer, there are
11 always certain areas which can lead you into a new image where you can
12 then turn around and have more specific views. I'll show it along the
13 way when we proceed.
14 The first image is a simple map of Kosovo, indicating the highway
15 between Pristina and Peja and it has Lapusnik marked on the map.
16 Q. Can you proceed, please.
17 A. [Witness complies]
18 Q. And go to the next image, please.
19 A. [Witness complies]
20 Q. Now, here in this image I see prison camp and front line. Are
21 those images you can go into and observe photographs?
22 A. That's correct. And at this stage I will show how by clicking
23 the question mark on the lower part of the screen you can -- it actually
24 indicates which areas are the areas that are -- that are possible areas
25 to go and have a closer look at.
1 Q. Okay. Could you go -- click in the prison camp box, please.
2 A. [Witness complies]
3 Q. Could you tell us what this first image is.
4 A. Yes. This is an aerial -- a close aerial image of the alleged
5 prison camp on the left side of the image and the KLA headquarters on the
6 right-hand side of image. The road that we talked about earlier runs
7 between these two compounds right here.
8 Q. Could you take us into the alleged prison camp, please.
9 A. [Witness complies]
10 Q. Now, looking at this first image, what does that depict?
11 A. This is the main building in the compound, that is, the alleged
12 prison camp.
13 Q. Now, you've used the word "compound," could you explain for the
14 Court what you mean by that word "compound."
15 A. Yes. What I mean by compound in Kosovo, and especially among the
16 Albanian population in Kosovo, is an area that is usually -- has a wall
17 around it and it has one or several buildings. It can be one or more
18 buildings for living and then sheds and -- sheds and garages and other
19 buildings in the yard. And it's usually inhabited by a family or an
20 extended family.
21 Q. Now, drawing your attention to the locations booklet which has
22 been marked as P6, could you turn to page 4, please. Is that the same
23 image that is depicted on that booklet?
24 A. That's correct.
25 Q. To your knowledge, does this building look the way it did during
1 the summer of 1998?
2 A. Yes. It's -- there are details that are not exactly the same. I
3 have learned that the buildings in this compound, the roofs and windows
4 were destroyed later during the war. But the foundation of the houses
5 are the same.
6 Q. To the right of the building in this image, what is that? It
7 looks like a brown gate.
8 A. Yes. That's the main gate leading into the compound.
9 Q. And leading out to where?
10 A. Out to the road.
11 Q. Now, could you look around -- take a look around the yard,
12 please, slowly.
13 A. This is a typical example where photographs have been taken in
14 360 degrees and you can make a full turn-around.
15 Q. Mr. Lehtinen, have you yourself been in this yard?
16 A. Yes, I have.
17 Q. From the location, can you see any of the KLA fighting positions
18 that were identified by other witnesses?
19 A. No.
20 Q. Can you see any of the Serb positions?
21 A. No.
22 Q. Now, could you take us into this main building, please, into the
23 entryway of the ground floor and -- maybe this is a good chance --
24 opportunity to explain how you -- again, how you move to locations.
25 A. Yes. Again, using the question mark you can see which areas are
1 active for going further in to see details. And whenever the cursor is
2 in one of these areas it will turn into an arrow, and as we can see now,
3 the arrow shows at the door of the ground floor of this building. And
4 this first image takes us into the porch of the ground floor.
5 Q. Could you keep going inside the ground floor, please.
6 A. [Witness complies]
7 Q. Could you look around this location, please.
8 A. This is the window out towards the yard. And that is the main
10 Q. Can you go back out to the yard, please.
11 A. [Witness complies]
12 Q. Can we go into the first floor of the building, please.
13 MR. TOPOLSKI: Your Honour, before we go to the first floor, I
14 don't know if I am alone in thinking it would be very helpful to know
15 when these photographs were taken. Because we've never had a statement
16 we don't know.
17 MR. WHITING: I thought I had asked that question.
18 MR. TOPOLSKI: No, you hadn't. If you had, I hadn't heard the
19 answer, I'm very sorry.
20 MR. WHITING:
21 Q. Mr. Lehtinen, can you tell us when these photographs were taken.
22 A. Yes, they were taken during the summer of 2003.
23 Q. Thank you.
24 MR. TOPOLSKI: Thank you very much.
25 MR. WHITING:
1 Q. Now if we could go into the first floor, please.
2 A. Okay. The entrance to the first floor is on in the picture on
3 the right-hand side -- right-hand end of the building.
4 Q. And what are we looking at here?
5 A. This is the view of the upper floor of this building.
6 Q. Could you keep going in, please.
7 A. [Witness complies]
8 Q. Keep going in.
9 A. [Witness complies]
10 Q. And now if you could look around this room, please.
11 A. Now we are in the back room of this upper floor. There's two
12 rooms just divided by this wall and the door. And again, the window out
13 towards the yard.
14 Q. Now if we could go back out to the yard. If you would turn and
15 look at the other building in the yard, please.
16 A. [Witness complies]
17 Q. Drawing your attention to the locations booklet on page 5, is
18 that the same building?
19 A. That's correct. And it's marked A2.
20 Q. Now, could you go to the well in the yard, the view from the
22 A. [Witness complies]
23 Q. And if you could turn around. Again we see the main building and
24 then keep turning.
25 A. [Witness complies]
1 Q. Now, in the back of the building there, there's a door. What is
2 that an entrance to?
3 A. Attached to this building on the back wall is a cowshed.
4 Q. Now, I draw your attention to page 7 of the locations book. Is
5 that the same image?
6 A. That's the same door.
7 Q. Could you go into the cowshed, please.
8 A. [Witness complies]
9 Q. Looking at page 8 of the locations book, is that the same image?
10 A. That's correct.
11 Q. Now, could you look around the cowshed, please.
12 A. [Witness complies]
13 Q. And describe for us what is along the wall there.
14 A. Along this wall of the cowshed is a feeding trough for animals
15 and it has a metal bar with chains that are used for chaining animals.
16 Q. Are you able to click on one of those hooks and zoom in on it?
17 A. Yes. One thing you can do in this image is to use the plus and
18 minus buttons on the bottom of the screen to zoom in and zoom out. And
19 on certain details you can also click and get a closer look.
20 Q. Could you do that, please.
21 A. I'll have a closer look at this chain, animal chain.
22 Q. Now, could you go back, please, using -- yeah.
23 A. [Witness complies]
24 Q. And then complete looking around the cowshed. Could you pause
25 there for a moment. Will witnesses talk about this cowshed?
1 A. Yes.
2 Q. And what is the significance of this cowshed?
3 A. Witnesses will talk about the cowshed. On various times during
4 June and July of 1998, from to up to 15 or 16 prisoners were kept in this
5 cowshed, chained along this feeding trough.
6 MR. GUY-SMITH: If I may, Your Honours, I would be making the
7 objection that I made before with regard to this being a conclusion, with
8 regard to not only who was located in this particular area, but what they
9 were doing whilst in the area.
10 JUDGE PARKER: Thank you. But I believe the indications we have
11 given are adequate to deal with the matter.
12 MR. GUY-SMITH: Your Honour, do I take it from that that I need
13 not concern myself further as the questioning proceeds in this regard?
14 Because I don't wish to interrupt the flow --
15 JUDGE PARKER: I wish to make it quite clear at the beginning so
16 that all could be relaxed about it. We're treating this at the moment as
17 merely, in a sense, an opening.
18 I understand technology is producing a problem again. We're
19 operational again. I'm sorry for that.
20 Be content that we are in these respects not treating this as
21 evidence upon which any weight will be placed by the Tribunal.
22 MR. GUY-SMITH: Excellent. Thank you so much.
23 JUDGE PARKER: Thank you.
24 MR. WHITING: Your Honour, I'm going to repeat the last question
25 because it was, I think, missed by the transcript.
1 JUDGE PARKER: Yes. We seem to be having momentary stalls in the
2 LiveNote. Hopefully it will rectify itself.
3 MR. WHITING:
4 Q. Mr. Lehtinen, did witnesses -- have witnesses talked about this
5 cowshed and identified this cowshed?
6 A. Yes, that's correct.
7 Q. And what have they told you about this cowshed?
8 A. Witnesses identified this cow shed as a place where they were
9 held during June and July of 1998. Various numbers of prisoners during
10 various times from two to approximately 15 or 16 prison prisoners. And
11 they describe -- it's been described as they were chained along this
12 feeding trough using the chains used for animals.
13 Q. And drawing your attention to pages 9 and 10 of the locations
14 booklet, those are additional photographs from the cowshed?
15 A. That's correct.
16 Q. Now, if you could keep looking around and then leave the cowshed.
17 A. [Witness complies]
18 Q. If you could turn and look at the storage room, please.
19 A. [Witness complies]
20 Q. Drawing your attention to page 11 of the locations booklet, is
21 this the same image?
22 A. That's correct.
23 Q. Now, could you take us into the storage room, please.
24 A. [Witness complies]
25 Q. According to witnesses, what was the storage room used for?
1 A. This room is also described by witnesses as a place where
2 prisoners were held at the same time.
3 Q. Can you look around this room, please.
4 A. That's not possible in this programme. There's not been a
5 360-degree photograph made of this one, but you can have a look in the
6 drawer towards the room.
7 Q. And drawing your attention to pages 12 and 13 of the locations
8 book, those are the images there?
9 A. That's correct.
10 Q. Now, could you leave the storage room, please.
11 A. [Witness complies]
12 Q. Go back into the yard.
13 A. [Witness complies]
14 Q. Go back to the well.
15 A. [Witness complies]
16 Q. Go back around and go to the view of the garage, please. This
17 garage in this image is at page 14 of the locations booklet, is it not?
18 A. That's correct.
19 Q. And what is the significance of this building?
20 A. Also here a witness describes one prisoner to have been held.
21 Q. Now, could you take us out to the road between the two compounds,
23 A. [Witness complies]
24 Q. And I draw your attention to page 20 of the book. That's the
25 same image?
1 A. That's correct.
2 Q. Could you turn and show us the front gate of the compound from
3 the road.
4 A. It's also possible to see the gate from the opposite direction.
5 Q. Could you show that to us, please.
6 A. [Witness complies]
7 Q. And that image is on page 23 of the book. That's another view of
8 the same gate to the alleged prison compound?
9 A. That's correct.
10 Q. Now, could you take us back and take us into the compound across
11 the road, please.
12 A. This is the gate to the compound across the road and I'm clicking
13 at the gate. We're inside.
14 Q. Could you -- well, first before you do that, this is on page 18,
15 this image of the booklet?
16 A. That's correct.
17 Q. Could you take a look around the yard, please.
18 A. [Witness complies]
19 Q. This building that's now visible, the white building that is on
20 page 18 of the book, what is the significance of that building?
21 A. Just to clarify, the gate where we -- the main gate where we just
22 entered is this one and the building -- the white building here is
23 described by witnesses as being the actual KLA headquarters starting from
24 the last days of May in 1998.
25 Q. Could you go back to the aerial view, please.
1 A. [Witness complies]
2 Q. And back out further.
3 A. [Witness complies]
4 Q. And now could you take us to the front line, please.
5 A. Yes. The area which is active in this programme for the front
6 line takes us to a view that is in this southern end of this yellow line
7 which is marked as front line in the programme.
8 Q. Now, what are we looking at in this first image after you click
9 on the front line?
10 A. We are facing approximately north with the Pristina-Peja highway
11 over here. And we're looking from one of the southern-most fighting
12 position towards the north. And the fighting positions were located
13 along this mountain ridge here.
14 Q. And to the right of the image is the valley?
15 A. That's correct.
16 Q. Now, could you take us to the fighting position that is near the
17 crossroads that you identified earlier by marking on a map.
18 A. Yes. This is, first of all, an aerial image of the crossroads
19 that we were studying earlier.
20 Q. Before you proceed, what is the road that is visible crossing
21 this image?
22 A. This is again the highway from Pristina towards Peja. Pristina
23 is towards the right-hand side of this image and Peja in the left-hand
25 Q. And this crossroads that is visible in the centre of this image,
1 is this the same crossroads that you identified on the earlier images,
2 images -- the image 8?
3 A. Yes, that's correct.
4 Q. Could you -- are you able to go into the fighting position?
5 A. Yes.
6 Q. What do we see here?
7 A. This is a view from the -- this particular fighting position. At
8 this moment, we're facing approximately to the north overlooking the
9 Pristina-Peja highway again. And you can make a turn inside this
10 fighting position and go towards the eastern direction. And you can
11 again see the Pristina-Peja highway running in the image.
12 Q. Now, have you been to this location?
13 A. Yes, I have.
14 Q. And did you observe anything on the ground from where this --
15 these images are taken?
16 A. Yes. There are trenches and marks of trenches that have been
17 filled in.
18 Q. Can you tell us when you were there and you made these
20 A. I visited the place on several occasions, but I think the last
21 time I visited was during the summer and fall of 2003.
22 Q. Is Komorane visible from this location?
23 A. Yes, it is. The junction in the Komorane village is over here.
24 Q. Turning, if you would, to image 24 of the locations booklet.
25 What is that image?
1 A. This is an image of the Serb MUP police. It's a checkpoint in
2 the junction of the village of Komorane during the summer of 1998.
3 Q. This image, this is an image from the summer of 1998?
4 A. Yes, that's correct.
5 Q. Now, turning to the next picture on page 25 of the locations
6 booklet, what is that image?
7 A. That's an image of the KLA roadblock in Lapusnik along the
8 Pristina-Peja highway.
9 MR. TOPOLSKI: Your Honour, again, I'm sorry to interrupt. But
10 none of the defendants can see these images if they're not portrayed on
11 the screen. They don't have these booklets we do. I wonder if it would
12 be possible to have this displayed or booklets provided.
13 JUDGE PARKER: Help seems to be at hand.
14 MR. TOPOLSKI: Thank you. Thank you very much. Sorry to
16 MR. WHITING: For the benefit of the accused, we're on page 24 of
17 the booklet and now we've turned to page 25 of the booklet.
18 Q. Mr. Lehtinen, with respect to the image on page 25 of the
19 booklet, what is that image?
20 A. That's described as a witness being an image of the KLA roadblock
21 in Lapusnik along the Pristina-Peja highway.
22 Q. During what time period?
23 A. That's also during the summer of 1998.
24 Q. And according to witnesses, did the roadblock look this way
25 during the entire time?
1 A. Witnesses have described it a little differently and
2 individually. Some describe it as a little bit -- having more scrap and
3 iron on the road, like car wrecks, et cetera, but some witnesses describe
4 it as being exactly like this.
5 MR. WHITING: Your Honour, those are all my questions with
6 respect to the booklet and to the 360-degree presentation.
7 JUDGE PARKER: Thank you.
8 MR. WHITING: At this time I'll move to another subject which
9 will require the first of the three binders, tabs 1 through 20.
10 Thank you, Your Honour.
11 Q. Mr. Lehtinen, at the time of the arrests in this case, were
12 various searches conducted?
13 A. Yes, that's correct.
14 Q. What locations were searched?
15 A. The residences of the accused and the alleged prison camp, the
16 farm compound in Lapusnik.
17 Q. And when did this occur?
18 A. On the 17th, 18th, and 19th of February, 2003.
19 Q. What was the authority to conduct these searches?
20 A. It was a search warrant issued by a judge of the Tribunal.
21 Q. For all the locations?
22 A. Yes.
23 Q. Did you yourself participate in these searches?
24 A. Yes, I did. And I was personally present at the search of the
25 Lapusnik farm compound and the residence of Mr. Fatmir Limaj.
1 Q. With respect to the searches of the residences of Mr. Haradin
2 Bala and Mr. Isak Musliu, what have you done if anything to familiarise
3 yourself with how those searches were conducted?
4 A. I have had discussions with the investigators involved in the
5 searches themselves. I have studied the material from the searches such
6 as search reports and property seizure records.
7 Q. Before each search was conducted with respect to the residences,
8 was an effort made to confirm that it was in fact the residence of the
9 named accused?
10 A. That's correct.
11 Q. Could you explain how that was done with respect to each of the
13 A. Yes. I personally was present at the search of the residence of
14 Mr. Fatmir Limaj, and we were met by one of Mr. Limaj's relatives who
15 confirmed to us that this was the actual residence of Mr. Fatmir Limaj.
16 The search team leaders of the two other searches have confirmed
17 to me concerning the residence of Mr. Haradin Bala, that Mr. Haradin
18 Bala's wife was present and she confirmed that this was the actual
19 residence of Mr. Bala. And concerning Mr. Musliu, his father was present
20 and confirmed that it was the residence of Isak Musliu.
21 Q. With respect to Mr. Bala's residence, was he in fact arrested
22 from that location?
23 A. That's also correct.
24 Q. Let's turn first to the search of the residence of Mr. Bala. And
25 I would ask you first to turn to tab 1 in the notebook.
1 A. Am I supposed to have it on the screen? Excuse me.
2 Q. Yeah. If you could put it on Sanction, please.
3 MR. WHITING: Could we have Sanction on the screen. Thank you.
4 Q. With respect to this first document which is marked U003-2411,
5 what is this?
6 A. This is a certificate for Mr. Haradin Bala.
7 Q. Where was it found?
8 A. Your Honour, I would like to review the property-seizure record
9 for this search to make sure I don't make a mistake.
10 Q. It would refresh your recollection to view the actual seizure
11 record from the search?
12 A. Yes.
13 MR. WHITING: Your Honour, we have that available. With the
14 assistance of the usher, I would like to provide a copy to the witness,
15 as well as to all the parties.
16 JUDGE PARKER: Mr. Guy-Smith.
17 MR. GUY-SMITH: If I may, Your Honour. I take it that this
18 particular testimony is coming in with lack of personal knowledge based
19 upon what the witness has thus far testified to. We remain in the same
20 position we were in before, as regards to this being an additional
21 opening statement.
22 JUDGE PARKER: I would anticipate at the moment that if Mr.
23 Whiting is wanting it to move into any different category, he will ask
24 questions sufficient to provide a basis for that. In the absence of that
25 occurring, the -- what the Chamber has indicated will prevail.
1 MR. GUY-SMITH: Thank you so much.
2 MR. WHITING: Your Honour, in fact it is my intention to have the
3 Court rely on this evidence with respect to the -- where items were
4 found, and for this witness to testify about his knowledge from other
5 investigators who did the searches and their records about where the
6 items were found. Of course if there is further dispute about these
7 matters and the actual investigators are required to come testify, we're
8 happy to do so and call them. It seems to me that would be a waste of
9 everybody's time.
10 JUDGE PARKER: So you are proposing at the moment to advance this
11 as hearsay, based upon the information from other identified
12 investigators conveyed to the witness.
13 MR. WHITING: That's correct, Your Honour.
14 JUDGE PARKER: And if there is objection to that, the other
15 investigators relied upon will be available to give evidence.
16 MR. WHITING: That's correct, Your Honour. May I proceed?
17 Q. Mr. Lehtinen, with respect to the search of Mr. Bala's residence,
18 which page of this document that we have is the record for that?
19 A. Okay. It's starting from the third page of this batch of
21 Q. Who was the leader of that search?
22 A. That was investigator Pekka Haverinen.
23 Q. Is he an investigator with the OTP?
24 A. That's correct.
25 Q. Have you spoken with Mr. Haverinen about the search?
1 A. Yes, I have.
2 Q. And have you confirmed with him the accuracy of the record that
3 he made?
4 A. Yes, I have.
5 Q. Was this record that you are going to be referring to made at the
6 time of the search?
7 A. That's correct.
8 Q. With respect to the document that I have asked you about, can you
9 tell from this record where that document was found?
10 A. Yes. In the yard of Mr. Bala's house, there were two houses.
11 And one of them was identified as a house of Mr. Haradin Bala. On the
12 ground floor of this building there is a room that in the document is
13 referred to by Mr. Haverinen as the lounge, which is a combined living
14 room and kitchen. And in this room on the shelf there was a black
15 briefcase and these documents were found in that briefcase.
16 MR. WHITING: Your Honour, I'd ask that this document be given an
17 exhibit number.
18 THE REGISTRAR: That will be Prosecution --
19 JUDGE PARKER: Are you asking that of the whole document or that
20 of Mr. Bala.
21 MR. WHITING: In fact, of the whole group of documents, which is
22 I believe four pages.
23 THE WITNESS: Five, excuse me.
24 JUDGE PARKER: The property-seizure records will be received as
25 an exhibit.
1 THE REGISTRAR: That will be Prosecution Exhibit P7.
2 MR. WHITING: And I would also ask for a number for the group of
3 documents that are behind tab 1, which is four pages.
4 THE REGISTRAR: That will be Prosecution Exhibit P8.
5 MR. WHITING:
6 Q. Mr. Lehtinen, with respect to P8 could you just read the
7 highlighted portion of the document which appears on the screen.
8 A. Yes. It says "Soldier, Haradin S. Bala, born on 10th of June,
9 1957, at Koretica e Eperme in the municipality of Drenas/Glogovac. Now a
10 resident of Koretica e Eperme. The aforementioned is granted this
11 certificate stating that he was a member of the KLA from 8th March 1998
12 until 19th September, 1999, in the 121st Kumanova Brigade."
13 Q. Mr. Lehtinen, there are behind this three other pages that are
14 part of this exhibit. What are those pages?
15 A. Those are similar certificates, and they seem to be certificates
16 for other members of Mr. Bala's family.
17 Q. Were they found in the same location?
18 A. That's correct.
19 Q. Could you just flip through those three pages and identify the
20 dates that those individuals, according to the documents, joined the KLA.
21 A. The first has a joining date of 5th of May, 1998. The next one,
22 18th of September, 1998. And the last one is 13th of July, 1998.
23 Q. Thank you. Turning to the document behind tab 2, please. What
24 is that?
25 A. This is another certificate for Mr. Haradin Bala stating that he
1 was a member of the KLA from the 8th of April, 1998, until the 19th of
2 September, 1999.
3 Q. Where was this document found?
4 A. It was found in the same briefcase as the earlier documents.
5 MR. WHITING: Your Honour, I would ask that this be given an
6 exhibit number, please.
7 THE REGISTRAR: That will be Prosecution Exhibit P9.
8 MR. WHITING:
9 Q. Turning to the next document, please. First could you tell us --
10 this is designated as U003-2417. Where was this document found?
11 A. This was found in the same room as the -- where the briefcase
12 that I mentioned earlier was found, and it's in the shelf, in the same
13 shelf where the briefcase was located.
14 Q. And what is this document?
15 A. This is an invitation for Mr. Haradin Bala for commemoration of
16 the glorious battle of Fustica 1998.
17 Q. And when was the commemoration to be held, according to the
19 A. On the 24th of July, 2000.
20 Q. Do you know from another exhibit that we will soon see when the
21 battle of Fustica occurred?
22 A. Yes. The battle of Fustica was on the 24th of July, 1998.
23 Q. If you could put map 6 on the ELMO, please.
24 MR. WHITING: And if we could switch to the ELMO. Could we zoom
25 in just a little bit on -- zoom in, please, thank you.
1 Q. Can you show on this map where Fustica is located?
2 A. Yes. I don't have it on my screen -- okay.
3 Q. You can just point to it.
4 A. There is an upper and a lower Fustica and they are in this area
6 Q. And while we have this map up, can you identify the location of
7 Mr. Bala's residence.
8 A. Yes. That's in the upper Koretica which is over here.
9 Q. Thank you.
10 JUDGE PARKER: It could be useful, before that map disappears, if
11 there was to be a record at least of one of the villages in the area
12 circled by the pointer as being the location of that battle. I think it
13 was pointed to, but nothing could appear on the transcript.
14 MR. WHITING: Thank you, Your Honour.
15 Q. Mr. Lehtinen, if you could with your pen circle that location of
16 the battle in Fustica.
17 A. I don't naturally know the exact location of the battle, but I
18 will circle the area of Fustica.
19 Q. Please do, thank you.
20 A. [Witness complies]
21 Q. If the record could reflect that the witness has drawn a circle
22 around the area that he's identified.
23 And while we have the map up, if you could put a -- let's say a
24 line under the location of the accused Haradin Bala's house.
25 A. [Witness complies]
1 Q. Thank you.
2 MR. WHITING: If we could move back to Sanction, please.
3 Q. Now, I don't believe I gave a number to --
4 MR. WHITING: If we could give this exhibit, the invitation to
5 the commemoration, an exhibit number, please.
6 THE REGISTRAR: That will be Prosecution Exhibit P10.
7 MR. WHITING:
8 Q. Moving to the next document, please, which is designated
9 U003-2421. Can you tell us where this document was found.
10 A. Yes. This was also found in the house of Haradin Bala in the
11 same room as the earlier documents, and in the bottom drawer of the same
12 shelf or display unit where the other documents were found.
13 Q. And what is this?
14 A. This is again an invitation for Mr. Haradin Bala to a memorial
15 service organised to the memory of a fallen soldier called Jete Hasani.
16 Q. What is the date of the memorial service in the invitation?
17 A. It's the 16th of October, 2002.
18 Q. Does the invitation say the years that Jete Hasani lived?
19 A. Yes. It's 1956 to 1998.
20 MR. WHITING: Your Honours, could this be given a number.
21 THE REGISTRAR: That would be Prosecution Exhibit P11.
22 MR. WHITING:
23 Q. Moving to the next document, please, which is U004-2422 to 2427.
24 Mr. Lehtinen, where was this document found?
25 A. This is a diary of Mr. Haradin Bala, and it was found on the
1 first floor of Mr. Bala's house under a bed in what is referred to as a
3 Q. What are the dates of the diary?
4 A. The earliest date of the diary is the 8th of February, 1999, and
5 the latest date is 2nd of April, 1999.
6 Q. What does the diary pertain to?
7 A. Excuse me. I didn't hear the question.
8 Q. What does the diary pertain to?
9 A. The diary seems to be of someone monitoring military movements in
10 the certain area.
11 Q. You tell from the diary --
12 MR. GUY-SMITH: Excuse me, Your Honour. If I might at this
13 point, I would be objecting. This calls for a level of expertise that
14 this particular witness has yet to qualify for, and is also speculative.
15 JUDGE PARKER: I would have to say, Mr. Guy-Smith, if one looks
16 at the content of the document I hardly say that expertise is called for
17 to identify what is there recorded as a record of a military nature.
18 Carry on, please, Mr. Whiting.
19 MR. WHITING: Thank you, Your Honour.
20 Q. Can you tell the area that is referred to in the diary?
21 A. All I can say about the area is that it's -- the area where this
22 monitoring is done from is -- can see the highway Pristina-Peja in the
23 area of Komorane and Lapusnik.
24 MR. WHITING: Could this be given a number, Your Honour.
25 THE REGISTRAR: That would be Prosecution Exhibit P12.
1 MR. WHITING:
2 Q. Turning to the next exhibit at tab 6, can you tell us where this
3 photograph was found. Tab 6.
4 MR. WHITING: It's going to be shown on the -- it's on the
6 Q. Mr. Lehtinen, could you tell the Court where this photograph was
8 A. Yes. It was found in the bottom drawer of the same shelf or
9 display unit that -- where the other documents were found.
10 Q. What is depicted in this photograph?
11 A. On the photograph, Mr. Haradin Bala is in the middle of the
12 photograph, together with a group of men. And it's a gathering at the
13 memorial of a fallen soldier called Ymer Alushani in Lapusnik.
14 Q. Have you been to this memorial yourself?
15 A. Yes, I have.
16 Q. If you could put image 8 on the ELMO, please.
17 MR. WHITING: And if we could switch from the Sanction to the
18 ELMO. And we'll have to zoom out some on the ELMO, please.
19 Q. Is the place where this memorial is located, is it visible on
20 this image?
21 A. Yes.
22 Q. Could you with a pen put a circle on that location.
23 A. [Witness complies]
24 Q. If we could go back to the Sanction, please.
25 MR. WHITING: Could this exhibit be given a number, please.
1 THE REGISTRAR: That will be Prosecution Exhibit P13.
2 MR. WHITING:
3 Q. Turning to the next document. Mr. Lehtinen, what is in this
4 image? What is this a picture of?
5 A. This is a closer picture of the same memorial that we saw in the
6 previous picture.
7 Q. And just for the record, this image is U003-4006. What are the
8 dates on the memorial of this person -- that this person lived, Ymer
9 Alushani, known as Voglushi?
10 A. It sates that he was born on the 23rd of September, 1964, and
11 died on the 26th of July, 1998.
12 Q. Did you take this image yourself?
13 A. I did.
14 MR. WHITING: I would ask that this be given a number, please.
15 THE REGISTRAR: That will be Prosecution Exhibit P14.
16 MR. WHITING:
17 Q. Now, turning to the search of the residence of Mr. Isak Musliu.
18 Mr. Lehtinen, if I could draw your attention to what has been marked as
19 Exhibit P7, the property-seizure records. Which pages of that document
20 are records for the search of the residence of Mr. Musliu?
21 A. It's the first two pages marked U003-7074 and 7075.
22 Q. Who was the leader of that search?
23 A. That was Mr. Matti Raatikainen.
24 Q. Have you discussed with Mr. Raatikainen the results of that
1 A. Yes, I have.
2 Q. Have you confirmed with him whether this property-seizure record
3 is an accurate recording of the items that were seized during that
5 A. Yes, that's correct.
6 Q. And was this record, to your knowledge, made at the time the
7 items were seized?
8 A. Yes.
9 Q. Now, turning to the first document behind tab 8.
10 MR. WHITING: And just for the information of the Court, this is
11 obviously a book that the Prosecution will not seek to admit the entire
12 contents of the book.
13 Q. But, Mr. Lehtinen, could you tell us what this is.
14 A. This is a book which was found in an -- in what is referred to in
15 the property seizure record as a barn, but which is an outhouse in the
16 yard of Mr. Musliu's residence. And it's a book -- the author's name is
17 Shaqir Bekolli.
18 Q. The first three or four pages of this document are a translation
19 of a few pages of the book. Could you read, please, the highlighted
20 portion that appears on the screen.
21 A. Yes. "At 1700 on the day before the attack began, that is on
22 24th July, the Serbian army attacked the villages of Sankoc and Fustica,
23 encountering strong resistance from the KLA and the population.
24 Casualties and losses of military equipment were reported among the ranks
25 of the occupier on the front at Sankoc and Fustica. This attack of the
1 Serbian army (which left several Albanian houses burned) was
2 premeditated, because the major offensive against Lapusnik was planned
3 for the following day. This was out of fear that the KLA forces would
4 attack the Serbian army from behind, but also to draw the Albanians'
5 attentions to Sankoc and Fustica. This could be argued by the fact that
6 at 0540 on Saturday, 25th July, Serbian forces launched a bitter attack
7 towards Lapusnik pass."
8 MR. WHITING: Thank you. Your Honour, I would like ask this be
9 given a number, and just to be clear, I don't know what is the Court's
10 preference, whether to put in the entire book. It's the Prosecution
11 intention simply to rely on these first four pages that we have
12 translated, and more specifically, the passage that has just been read.
13 JUDGE PARKER: I will look at the Defence table, and particularly
14 Mr. Topolski, whether there is concern that more than the four pages
15 would be of value to anybody.
16 MR. TOPOLSKI: Especially as it didn't belong to my client,
17 there's no concern about it at all.
18 JUDGE PARKER: Yes. Well, I already had in my mind, here is a
19 book. Just what the book has to do, I don't know.
20 MR. TOPOLSKI: Well, carry on. We'll find out.
21 JUDGE PARKER: Mr. Whiting, it seems that the four pages will be
22 sufficient for all purposes.
23 THE REGISTRAR: That will be Prosecution Exhibit P15.
24 MR. WHITING:
25 Q. Turning to the next document behind tab 9. Where in Mr. Musliu's
1 residence was this photograph found?
2 A. This was found on the wall in one of the rooms in the main
3 building in the residence of Mr. Musliu.
4 Q. And what is depicted in the photograph?
5 A. This is a picture of three soldiers in camouflage uniforms. And
6 Mr. Isak Musliu is in the middle of the picture.
7 MR. WHITING: I would ask that this be given a number, please.
8 THE REGISTRAR: That will be Prosecution Exhibit P16.
9 MR. WHITING:
10 Q. Turning to tab 10, please, U003-2566. Where was this photograph
12 A. This photograph was also found on the wall in the same room in
13 the main building of the Isak Musliu residence.
14 Q. What is depicted in this photograph?
15 A. These are KLA soldiers in black uniforms. And also Mr. Musliu is
16 in the picture. And some of the soldiers have the PU badge on their
17 sleeves, which is the mark for military police officer.
18 MR. WHITING: I would ask that this be given a number, Your
20 THE REGISTRAR: That will be Prosecution Exhibit P17.
21 JUDGE PARKER: This would appear to be an appropriate time, Mr.
22 Whiting, to have the afternoon break. We will resume at 20 minutes to
24 --- Recess taken at 5.19 p.m.
25 --- On resuming at 5.44 p.m.
1 JUDGE PARKER: Thank you, Whiting.
2 MR. WHITING: May I proceed? Thank you.
3 Q. Mr. Lehtinen, turning to the photograph that is behind Exhibit 11
4 -- or tab 11, I'm sorry. U003-2776. Where was this photograph found?
5 A. Yes. This photograph was found in the house which is the
6 residence of Mr. Isak Musliu in a photo album which was found in a black
7 briefcase in a room in the main building.
8 Q. And what is depicted in this photograph?
9 A. There are KLA soldiers. One is in camouflage uniform. The
10 others in black uniforms. There's both male and female soldiers. They
11 have the UCK/KLA badges, and some of them have the PU badges on their
12 sleeves indicating military police. And some of the soldiers wear a
14 Q. Do you recognise anybody in this photograph?
15 A. I recognise the female second from the right as the sister of
16 Isak Musliu.
17 Q. And her name?
18 A. Her name is Elmaze Musliu.
19 MR. WHITING: Can this be given a number, please.
20 THE REGISTRAR: That will be Prosecution Exhibit P18.
21 MR. WHITING:
22 Q. Turning to the photograph behind tab 12, U003-2753. Where was
23 this photograph found?
24 A. In the same briefcase as the previous photograph.
25 Q. What is depicted in this photograph?
1 A. This is a picture of Isak Musliu's sister, Elmaze Musliu, with a
3 Q. Have you yourself met Elmaze Musliu?
4 A. Yes, I have.
5 MR. WHITING: I would ask that this be given a number.
6 THE REGISTRAR: That will be Prosecution Exhibit P19.
7 MR. WHITING:
8 Q. Turning to the next photograph behind tab 13, U003-2684. Where
9 was this photograph found?
10 A. Again, this photograph was found in the same location as the two
11 previous ones, in the black briefcase in the main building in the
12 residence of Isak Musliu.
13 Q. What is depicted in this photograph?
14 A. It's a gathering of some men in uniform and some in civilian
16 Q. Do you recognise anything about the uniform?
17 A. Yes. The men in uniforms have a badge on their sleeves
18 indicating that they are TMK members.
19 Q. Can you tell the Court, please, what TMK means.
20 A. Yes. TMK -- the English abbreviation for TMK is KPC, meaning
21 Kosovo Protection Corps. It's a civilian protection corps formed after
22 the war in Kosovo.
23 Q. Do you recognise anybody in this photograph?
24 A. A male person in the middle in a blue suit or gray or blue suit
25 is Mr. Shukri Buja.
1 Q. Have you met Mr. Shukri Buja?
2 A. Yes, I have.
3 Q. And who is he?
4 A. Shukri Buja was one of the leading personalities in the KLA in
5 the area of Klecka during the summer of 1998. He was a commander at the
6 point in -- a commander or a deputy commander in the point of Kroimire or
7 Krajmirovce. And later he became the subzone commander of the zone in
9 MR. WHITING: Could this be given a number please.
10 THE REGISTRAR: That will be Prosecution Exhibit P20.
11 MR. WHITING: If we could put map 6 on the ELMO, please. And if
12 we could switch from the Sanction to the ELMO. And if we could zoom in
13 just a bit on the ELMO.
14 Q. You mentioned Krajmirovce. Have you been to Krajmirovce?
15 A. Yes, I have.
16 Q. Can you identify it on this map, please.
17 A. Is it on your screens? Sorry. Krajmirovce, or Kroimire, is
19 Q. Could you draw a box around that location.
20 A. [Witness complies]
21 MR. WHITING: If the record could reflect that the witness has
22 drawn a box around the words Krajmirovce, number 6.
23 Now, if we could switch back to Sanction. Turning now to the
24 document that follows tab 14, U003-2577 to 2599.
25 Q. Mr. Lehtinen, can you tell us where this document was found.
1 A. Yes. This document was found in the main house in the residence
2 of Mr. Isak Musliu. And it was in one of the rooms on the ground floor
3 in a shopping bag.
4 Q. And what is it?
5 A. This appearance to be a membership card for the Karate Federation
6 of Kosovo.
7 MR. WHITING: If we could turn to the next page on the Sanction.
8 Q. Could you describe or explain what is highlighted on this next
9 page, Mr. Lehtinen.
10 A. This highlights the name of Isak Musliu and the time of validity
11 for this card, which is from the 14th of October, 1998 -- let me see. It
12 says: "Registration is valid for one year." And the first date is 14th
13 of October, 1998. And the second date is 1st of September, 1999.
14 MR. WHITING: Could this be given a number, please.
15 THE REGISTRAR: That will be Prosecution Exhibit P21.
16 MR. WHITING: Just to be clear, for both pages of that -- behind
17 that tab -- rather, all three pages. 2577 through 2579.
18 Q. Turning to the document behind tab 15, Exhibit U003-2833 to 2867.
19 Can you tell us, Mr. Lehtinen, where this was found.
20 A. Yes. This was found in a brown briefcase in one of the rooms in
21 the main building of Isak Musliu's residence.
22 Q. And what is it?
23 A. This appears to be a diary of a man called Emrush Behluli.
24 Q. How do you know it's a diary of him?
25 A. It talks about someone in -- it appears that Emrush Behluli in
1 this diary talks about himself and his experiences. It's actually headed
2 "Diary of my life."
3 MR. WHITING: If we could turn to page 4 of the translation and
4 it's highlighted on the screen, though I'm not sure it's going to be
5 blown up here. Can it be blown up any more?
6 Q. Starting at that highlighted portion could you just read the
7 text, please.
8 A. On 14 June came the first attack on the pass of Carraleve in
9 which the enemy suffered casualties.
10 "On 14th June, 1998, while the Serbian forces were positioned in
11 the pass at Carraleve, Dani crawled by himself to a point 100 to 150
12 metres from the enemy and successfully attacked them, killing three
13 Serbian policemen. After four hours of fighting, the Serbs were forced
14 to take up their three dead and return to Shtima. The Serbs tried again
15 to break through the Pass but they do not succeed. Every day that they
16 came, they suffered losses."
17 Q. Continue on the next page, please.
18 A. "On the following day, 17 June 1998, while carrying out an attack
19 nearby, my brother Dani was wounded in the right chest, but still
20 continued fighting until the Serbian forces retreated."
21 Q. Mr. Lehtinen, do you know who Dani is referred to in this
23 A. I believe I do.
24 Q. Who do you believe it to be?
25 A. Mr. Ramadan Behluli.
1 Q. Have you interviewed Mr. Ramadan Behluli?
2 A. Yes, I have.
3 Q. Will he be a witness in this case, to your knowledge?
4 A. Yes.
5 Q. Did he describe these events himself?
6 A. Yes, he did.
7 Q. Now, if we could -- if you could continue reading at the bottom
8 of page 5 of the translation. And if it could be blown up on the
9 sanction screen.
10 A. "On 26 July 1998, more than 60 tanks were sighted at the Shtima
11 pine trees. They launched an offensive to break through the Pass of
12 Carraleve, but they did not succeed, so then they headed for Sborc. They
13 suffered losses of men and equipment at Sborc. On 25th of July, Ruzhdi
14 Salihu from Sborc died a hero's death."
15 MR. WHITING: Could this be given a number, Your Honour.
16 THE REGISTRAR: That would be Prosecution Exhibit P22.
17 MR. WHITING:
18 Q. Mr. Lehtinen, could you put map 6 back on the ELMO, please.
19 MR. WHITING: And if we could switch from Sanction to the ELMO.
20 Q. In the excerpt of the Emrush Behluli diary that you just read, it
21 referenced Carraleve. Have you been to Carraleve?
22 A. Yes, I have.
23 Q. Can you find it on this map, please.
24 A. It's over here. It's called Carraleve or Crnoljevo.
25 Q. Can you put a double line underneath Carraleve.
1 A. [Witness complies]
2 Q. Thank you. If we could go back to Sanction, please. If you can
3 turn to the document behind tab 16 in the binder. Can you tell us, Mr.
4 Lehtinen, where this document was found.
5 A. This diary was found in -- also in one of the rooms of the main
6 building of the residence of Isak Musliu, in a shopping bag.
7 Q. And what is it?
8 A. It appearance to be a diary of Isak Musliu.
9 Q. And how do you know that?
10 A. Mr. Musliu talks about himself in the diary, describing incidents
11 that happened to himself and is referring to himself as the pseudonym
13 MR. WHITING: If we could turn to page 4 where it says "a delayed
14 diary." And if it could be blown up on the Sanction.
15 Q. And I'm going to ask you to read the remainder of page 4 and then
16 from -- most of page 5 and part of page 6, please.
17 A. "A delayed diary.
18 "Having penetrated in the territory of Kosovo from Albania,
19 somewhere near the hills of Konjushe village, three UCK members came in
20 order to take us in their responsibility... A person nicknamed Hoxha was
21 leading the way to Drenica. We turned" -- an illegible word -- "above
22 the" -- again, illegible word -- "on the right side, and in the evening
23 we came down the hill and reached the Drina bridge. We proceeded towards
24 the asphalt road leading to Camdanica. Having passed one" -- something
25 -- "where the Serb police checkpoint was located just behind" -- again,
1 an illegible word -- "we proceeded with the journey and arrived at the
2 workshop where" illegible "were working. We asked for food and we drank
3 some water. We then asked the owner to help us find a means of
4 transport. We took a" illegible "to Kostove and proceeded towards
5 Kolishan. We were heading in the direction of Likoc. Near the station
6 on the Drina bridge, Afet twisted his leg and we had to take him to the
7 doctor once we arrived in Likoc."
8 Q. The following page.
9 A. "The following day, we went out in the terrain and the
10 psychological, physical, and tactical training started right away. Only
11 a few days later, about three or four days later, myself and Ramiz, aka
12 "Luan", got designated tasks in the area of Silak, and the Shtime" -- and
13 something illegible. "On that night, the so-called "Commander Celiku,"
14 Fatmir Limaj, came and picked us up. Together with "Celiku," we went to
15 Klecka where we came across six or seven young men with masks who were
16 UCK members. They greeted us and when they found out who we were, they
17 took off their masks and continued the journey with us.
18 "We entered and, there for the first time, I met with commander
19 Ismet Jashari aka "Kumanova." He was" -- illegible word -- "because he
20 was wounded on both his legs. I did not understand how he sustained
21 these injuries, but what I understood was that we had standing in front
22 of us two men with Albanian heart and soul. This refers to "Celiku" and
23 "Kumanova," what I just said above. I could easily tell the persona
24 behind the person on the basis of their speech and resolute attitude.
25 One or two days later, myself and commander "Luan," Ramiz Qiriqi, were
1 assigned designated tasks in the villages of Stimlje municipality. It's
2 then when I went home for the first time after two years. It is worth
3 mentioning the fact that when we met with Ismet Jashari he addressed me
4 with the following words; 'this nickname,'" -- illegible word -- "'which
5 I had been called by my friends for almost two years and which Luan gave
6 me, 'is not for you. Congratulations on your new nickname -- Qerqiz,
7 because you look like Qerqiz Topulli anyways!' I smiled and said 'Thank
8 you. I can carry it, but I fear this name is too big for me!' We set
9 off from Klecka and arrived in Guncat village in the evening. We arrived
10 at Ferat's house. He was Luan's brother-in-law. They received us very
11 well. A night later, we wanted to penetrate into Qafa e Duhles in the
12 direction of Grejcefc village. We arrived in Bllace village and stayed
13 at Ferat's brother-in-law for several hours. When we wanted to set off
14 for Duhle, as soon as we came out in the yard, firing from different
15 weapons began. It was coming from Duhle. We did not know what to do
16 since we did not know who was firing and what was going on. We then
17 decided to go to Luan's house."
18 Q. Are you able to determine what time period is being talked about
19 in this -- in the passage that you read?
20 A. I would determine it to be sometime in the spring and -- spring
21 of 1998.
22 Q. And that is based on what, please?
23 A. It's based on some separate pieces of information. One is the
24 fact that a man called Ismet Jashari, aka Kumanova, is alive at this
25 time, and I know that he died in fighting on the 25th of August, 1998.
1 And I've learned that Ismet Jashari was wounded in his legs in April of
2 1998. There's also -- putting this information together with later
3 information about Mr. Musliu arriving from Albania to the area, he has
4 described being in approximately March of 1998.
5 Q. Now, if we could turn to put map 6 back on the ELMO, please, and
6 switch from Sanction to the ELMO. The passage you read refers firstly to
7 Nekovce. Can you identify Likovc on the map.
8 A. It's here.
9 Q. Can you push the map because it's not visible on the screen.
10 A. Here.
11 Q. And can you put -- why don't you put three lines under Nekovce.
12 The diary also describes heading towards Drenica. Can you
13 identify for the Court, to your knowledge, the area that is Drenica. And
14 since it's an area I would ask you to describe it rather than mark it.
15 A. I don't know the exact borders of the area that is called
16 Drenica, but people talk about Drenica as an area in this part of Kosovo
17 which -- this white area on this map is a valley and it's called the
18 Drenica valley.
19 Q. Just so we have a clear record. The white area that you're
20 pointing to is the white area on the map which runs from Baijice on the
21 left across to Glogovac.
22 A. Glogovac
23 Q. Thank you. And then down in a kind of a funnel shape down to
24 Krajmirovce. Is that correct?
25 A. That's correct.
1 Q. Could you continue.
2 A. The mountain area on the left side of the image but on the
3 western side on the map is here. And the area on the north side of the
4 Pristina-Peja highway is called lower Drenica and the mountains on the
5 south side of the Pristina-Peja highway is called upper Drenica.
6 Q. Thank you.
7 MR. WHITING: If we could go back to Sanction, please. And if
8 the document -- the entire diary that is at tab 16 could be given a
9 number, please.
10 THE REGISTRAR: That would be Prosecution Exhibit P23.
11 MR. WHITING:
12 Q. Turning now to the search of the residence of Fatmir Limaj. I
13 believe you testified that you yourself participated in this search.
14 A. That's correct.
15 Q. Referring to Prosecution Exhibit 7, could you tell us which of
16 the pages refer to that search.
17 A. Yes. It's the last page marked U003-3259.
18 Q. And who was the leader of that search?
19 A. The leader of the search was Matti Raatikainen.
20 Q. This property-seizure record which you have just identified, was
21 that written by you or by Mr. Raatikainen?
22 A. It's written by me.
23 Q. And was it written at the time of the search?
24 A. That's correct.
25 Q. Turning first to the exhibit at tab 17, this is a group of
1 photographs. Were these photographs all found together?
2 A. That's correct.
3 Q. Can you tell us where they were found, please.
4 A. They were found in Mr. Limaj's apartment in the living room in a
5 shelf under the TV.
6 MR. WHITING: Just for the record they're marked U003-3239 to
7 3251. And if they could be given a number.
8 THE REGISTRAR: Mr. Whiting, all the 13 exhibits will be given
9 one number, which is Prosecution Exhibit P24.
10 MR. WHITING: Thank you.
11 Q. Looking at the first photograph, and I'll identify these
12 photographs by the number so that there's a clear record. And just the
13 last four numbers are relevant. 3239. Could you tell us what's depicted
14 in this photograph.
15 A. It appears to be three KLA members and two additional persons in
16 the photograph.
17 Q. Do you recognise anybody in this photograph?
18 A. Yes, I recognise the soldiers. From the left is Mr. Shukri Buja.
19 The next one is Mr. Fatmir Limaj and the next one is Mr. Hashim Thaqi.
20 Q. You've already told us about Shukri Buja. Can you tell us who
21 Hashim Thaqi is.
22 A. Hashim Thaqi was a leading figure in the KLA and he was a member
23 of the general staff.
24 Q. Turning to the next photograph, 3240. Do you recognise anybody
25 in this picture?
1 A. Yes. There are three soldiers. On the left is Mr. Fatmir Limaj,
2 in the middle is Mr. Rexhep Selimi, and on the right is Jakup Krasniqi.
3 Q. Can you tell us who Rexhep Selimi is.
4 A. Rexhep Selimi is a prominent figure in the KLA and he was also
5 part of the general staff.
6 Q. Mr. Jakup Krasniqi.
7 A. Jakup Krasniqi also was a member of the general staff and he was
8 also the spokesperson of the KLA, appointed in June of 1998.
9 Q. Turning to the next photograph, 3241. Do you recognise anybody
10 in this photograph?
11 A. Yes. Mr. Fatmir Limaj is here among three KLA soldiers with the
12 military police badges on their sleeves.
13 Q. Turning to the next photograph, 3242. What is depicted in this
15 A. There are five KLA soldiers, two of them females. And Mr. Fatmir
16 Limaj is in the middle of the picture.
17 Q. 3243, the next photograph. What is depicted in this picture?
18 A. That's a picture of Mr. Fatmir Limaj and Mr. Rexhep Selimi in
19 camouflage uniforms.
20 Q. The next photograph, 3244. Do you recognise anyone in that
22 A. Yes. It's three soldiers and it's -- from the left -- Rexhep
23 Selimi; in the middle, Mr. Hashim Thaqi; and on the left Mr. Fatmir
25 Q. Next photograph, 3245. What, if anything, can you describe as
1 depicted in that photograph?
2 A. This is a group -- just a group of soldiers. That's all I can
4 Q. The next photograph, 3246. Could you describe this photograph,
6 A. This seems to be a gathering of both civilian persons and
7 soldiers, and seems to be some kind of a memorial for fallen soldiers for
8 the 121 Kumanova Brigade.
9 Q. Next photograph, 3247.
10 A. This is a picture of Mr. Fatmir Limaj and another soldier,
11 together with children.
12 Q. 3248 -- actually I'll skip ahead to 3251.
13 A. 3251 is a picture of Mr. Fatmir Limaj and another soldier who I
14 believe is called Exhumer Krasniqi.
15 Q. Turning to the next document after tab 18. Where were these
16 documents found, please?
17 A. These documents were found in a storage room next to the -- a
18 small storage room next to the kitchen in the apartment of Mr. Fatmir
20 Q. What do they appear to be, as a group?
21 A. These are all documents referring to Mr. Fatmir Limaj's stay in
23 MR. WHITING: I would ask that these be given a number as a
25 THE REGISTRAR: That would be Prosecution Exhibit P25.
1 MR. WHITING:
2 Q. Turning to the page that is marked U003-3294, which appears now
3 on the screen -- can you tell us what that is.
4 A. This seems to be a cheque or a copy of a cheque for Mr. Fatmir
5 Limaj dated in Lausanne on the 13th of February, 1998.
6 Q. Turning now to the page that's marked 3296. What is that,
8 A. This is a questionnaire with information about Mr. Limaj and his
9 spouse and about their stay in Switzerland.
10 Q. Does it -- looking at the highlighted portion, does it say when
11 according to this questionnaire Mr. Limaj entered Switzerland?
12 A. Yes. It states that the date of entry in Switzerland is the
13 1st of April, 1997, and he's been granted asylum on the 28th of November,
15 Q. Turning to the next page, 3297. Is there information there which
16 is highlighted about where Mr. Limaj is living at the time?
17 A. It doesn't say exactly where he is living but it seems to
18 indicate that he is living together with a man called Ismet Jashari.
19 Q. Who is that?
20 A. I believe Ismet Jashari who was a KLA commander called Commander
22 Q. Is this the same Kumanova that was described in the diary of Isak
24 A. Yes, I believe so.
25 Q. Turning to the next page, 3298 has the date of this
1 questionnaire, which is what, please?
2 A. It's again dated in Lausanne on the 13th of February 1998, and is
3 signed by Mr. Fatmir Limaj.
4 Q. Turning to the page marked 3301. Are you able to tell what this
6 A. This is a rental agreement for, again, Mr. Fatmir Limaj.
7 Q. And what is the term of the agreement, the period, that is, of
8 the rental agreement?
9 A. It's from the 1st of February, 1998, until the 31st of January,
11 Q. If we could turn please to the next tab, tab 19. These are two
12 documents which are marked U003-3287 to 3289. Can you tell us, Mr.
13 Lehtinen, where these documents were found.
14 A. Yes. They were found in the same storage room next to the
15 kitchen in Fatmir Limaj's apartment.
16 Q. And what are they?
17 A. These are Kosovo Liberation Army communiques numbered 40 and 41.
18 Q. Do you know if these communiques were published in the newspaper?
19 A. Yes. I've seen newspaper publications of these communiques and
20 they were both published two days after the date on the communique
21 itself. This number 40 was published on the 5th of December, 1997, and
22 number 41 on the 8th of January, 1998.
23 Q. Turning first to the first page which is marked communique number
24 40. Could you read the portion that's been highlighted on the Sanction
25 screen, please.
1 A. "Kosovo liberation Army. For the Media. Communique Nr. 40.
2 Under decision of the Central Staff, the KLA's armed units
3 continued their task of liberation during November.
4 ... "Our armed units carried out other actions of liberation in
5 Operational Zone Number 1 between 25th and 28th of November."
6 Q. Turning to the next page, please. If you could read the end
7 there, again the highlighted portion.
8 A. "We repeat once again to the international governments concerned
9 about this peninsula that our war is a just liberation struggle. The war
10 of the occupier is a war of terrorism. We therefore believe that the
11 time of the resolutions that you vote for, and which lay no obligation on
12 the Serbian terrorists, has now passed." ...
13 "Central Staff of the Kosovo Liberation Army"
14 "Pristina, 3 December 1997."
15 Q. Turning to the next page which is marked communique number 41.
16 Could you read the highlighted portion of that communique, please.
17 A. Again, the heading "Kosovo Liberation Army.
18 "Communique Nr. 41.
19 "For the Media."
20 "On the decision of the Central Staff, KLA units launched two
21 armed attacks against the Serbian police in Operational Zone Nr. 1 on
22 25th of December, 1997: one on a police car in the village of Zakut near
23 Podujeva, and the second in which the police station in Podujeva was hit.
24 On this occasion the enemy suffered material damage..."
25 "Pristina, 6 January, 1998."
1 MR. WHITING: Your Honour, I would ask that this be given a
3 THE REGISTRAR: That will be Prosecution Exhibit P26.
4 MR. WHITING: And that includes both documents?
5 THE REGISTRAR: That's correct, Mr. Whiting.
6 MR. WHITING:
7 Q. Turning now to tab 20, can you tell us, Mr. Lehtinen, where this
8 document was found.
9 A. Yes. These two cards were found in the bedroom of the -- of
10 Mr. Fatmir Limaj's apartment in what I would call a beauty box.
11 Q. With respect to the first card, can you tell us what it is.
12 A. It appears to be a Kosovo Liberation Army travel permit. The
13 name on it is Celiku and it has a photograph of Fatmir Limaj.
14 Q. Turning to the second card, what is that?
15 A. That again -- that looks like some kind of an identification
16 card. It says Kosovo Liberation Army, military police administration and
17 Chief, Fatmir Limaj. And it has a photograph of Fatmir Limaj.
18 Q. Thank you.
19 MR. WHITING: We'll now have to turn to the second binder tabs 21
20 to 32.
21 JUDGE PARKER: Do I take it you plan to tender the last
23 MR. WHITING: Thank you, Your Honour. I'd ask that they be given
24 a number.
25 THE REGISTRAR: That will be Prosecution Exhibit P27.
1 MR. WHITING:
2 Q. Turning now to tab 21, a document which is marked U003-3304 to
3 3305. Can you tell us, Mr. Lehtinen, where this document was found.
4 A. Yes, it was found in the same storage room in the apartment of
5 Mr. Fatmir Limaj, the storage room next to the kitchen.
6 Q. And what is it?
7 A. This appears to be a statement by a man called Imer Sogaj
8 addressed to the Central Staff of the Kosovo Liberation Army.
9 Q. Could you read the highlighted portions of the document, please.
10 A. "To the Central Staff of the KLA, 'Agim Cela'
11 "Re: Statement
12 "I, Imer S. Zagaj, born on 1 February, 1955, in Lladroc,
13 Malisheva municipality, address this high-ranking official regarding my
14 personal situation.
15 "I was a member of the KLA unit 'Celika 3' and subsequently of
16 the 'Ali Sogay' Company in Lladroc.
17 "I participated in all the military offensives at the Lapusnik
18 pass, Trpeza, and Lladroc, to which my comrades who took part may
19 testify. On 11 September 1998, the situation was not as it was before,
20 without wishing to go into details, though if necessary we may discuss it
21 at a greater length, when some soldiers of our company moved including
22 myself. Before leaving, I informed my comrades in the company, in each
23 house. I handed over my weapon to my brother, until my return, telling
24 him to hand it in if the KLA asked for it." ...
25 "On the next day, I received a telephone call from my brother,
12 Blank page inserted to ensure the pagination between the English and
13 French transcripts correspond
1 who informed me that the KLA military police had taken my gun...
2 "My gun was taken from me after 16 days, on 27 September 1998...
3 I request the respected KLA official to return my weapon so that
4 I may respond to the aggressor as always. If the KLA anticipates that it
5 will be necessary to" -- am I supposed to?
6 Q. I'm sorry. That was --
7 A. 1st of November, 1998, in Lladroc.
8 MR. WHITING: If this could be given a number, please.
9 THE REGISTRAR: This will be Prosecution Exhibit P28.
10 MR. WHITING:
11 Q. Turning to the next document which is tab 22, U003-3360. Can you
12 tell us, please, where this was found.
13 A. Yes. This document was found in the same storage room next to
14 the kitchen as the previous document.
15 Q. And what is it?
16 A. This is headed or the headline says "Request," but it turns out
17 or I believe it to be a complaint addressed to the KLA Military Police
19 Q. If you could read the highlighted portion, which essentially is
20 the whole document, please.
21 A. "To the KLA Military Police Directorate.
22 "A serious incident occurred on the evening of 4 November 1998.
23 A group presenting themselves as Military Police came to the Breshance
24 quarter of the village of Nishor, intending to seize a Nissan vehicle.
25 The group was led by Uke Gegaj, who for the purposes of this operation
1 had an authorisation with him, which read as follows:
2 "Kosovo Liberation Army, 121st Agim Celaj - Coli Brigade.
4 "On the order of the command of this brigade, the Military Police
5 of the Afrim Krasniqi Battalion are authorised to take the Land Rover
6 vehicle, until recently at the disposal of the KLA at the Reshtan base.
7 The vehicle is presently at the village of Nishor (Breshance quarter).
8 "The vehicle must be placed at the disposal of the KLA's 121st
9 Brigade again.
10 "4 November 1998, Fshat i Ri, Novosella
11 "From Command, to Uke Gegaj, (personally)
12 "The document (decision) is stamped with the following stamp.
13 Kosovo Liberation Army - General Staff Military Police
14 Directorate - KLA Cercizi, wearing a mask and three soldiers besides Uke
15 Gegaj were also involved in the operation to seize the vehicle. After
16 seizing the vehicle, the group came across the soldiers of the 123rd
17 Brigade and was stopped. It almost came to shooting. The group was
18 allowed to leave after the authorisation document and the vehicle, which
19 is in the property of the 123rd Brigade, were taken from them. I ask the
20 aforementioned authority to take measures against the people involved in
21 this escapade and if possible ask them to account for it in the future.
22 The authorisation that the group had with them remains at the command of
23 the 123rd Brigade.
24 "Suhareka, 10 November 1998."
25 Q. Thank you.
1 MR. WHITING: Could this be given a number, please.
2 THE REGISTRAR: That will be Prosecution Exhibit P29.
3 MR. WHITING:
4 Q. Turning to the next document at tab 23, where was this found,
6 A. This is a notebook that was found in the same storage room next
7 to the kitchen in the apartment of Mr. Fatmir Limaj.
8 Q. And what does it appear to be?
9 A. It's a notebook with notes about persons, both Albanian and
10 Serbian persons. It talks about collaboration and spying.
11 Q. And is it signed by somebody or is there a name at the end?
12 A. Yes. It's signed by something that appears to be a first name
13 and it is Naim.
14 Q. Now, turning to the second page of the translation, I would ask
15 if you could read for us the highlighted portion.
16 A. "Syle Llugiqi goes to work at 0730. Stays at his workplace until
17 0930 and then goes out and sits in the "Galerija" Pizzeria until 1030.
18 Always drinks coffee, generally goes with the Serb (I don't know his
19 name) and then goes back to work, comes out at 1430 and goes home via
20 road to Konjuh, in white Lada Samara," registration plate "(PR-124-088).
21 At 1630, Syle goes out in the town (Lipjan) again -- and goes
22 again to the "Galerija" Pizzeria and sits there with the Serb who works
23 for the Lipjan SUP" -- that's the -- "Secretariat for the Interior
24 (criminal policeman). I don't know his name! Syle sat with that
25 criminal of the Serbian police (plain-clothes) in the "Napoli" Pizzeria
1 from 2000 until 2100 on 2 November 1998...
2 "Qerim Buja from Bujan is one of the people who has collaborated
3 with the policeman Tosic and has taken money from Albanians supposedly to
4 save them from torture and prison sentences. e.g. in 1995 he took 400
5 German marks from Ahmet Baftiu to save him from a charge raised by the
6 Serbian policeman Tosic, but the policeman Tosic took both the money and
7 Qerim and one month later they summoned Ahmet to the police station again
8 and beat him unconscious and then he handed in his QZ, which I think is
9 supposed to be [inaudible], Czech-made revolver...
10 "3 November 1998, 1800 hours. There is a plan to kidnap a
11 Serbian woman, but the KLA has to be asked before the matter is carried
13 "Qerim Hamiti, lecturer from the Faculty of Mining and
14 Engineering. I talked to him about the collaborators with the enemy in
15 our faculty. Qerim is someone who has given a lot of help to the KLA and
16 he is totally trusted regarding cases of the spying of Albanians who work
17 with the enemy.
18 "I have two photographs of Imer who went to the police in Gracko
19 (Ceka). I don't know what he talked about."
20 And then the signature Naim."
21 Q. Now, turning to the first page of this document, these
22 handwritten notes found in the apartment of Fatmir Limaj, is there a
23 mention of a person named Lutfi Xhemshiti?
24 A. That is correct.
25 Q. And where is that on the first page of the translation?
1 A. It's almost on the bottom part of the page.
2 Q. And what does it say, please?
3 A. It states: "Lutfi Xhemshiti, is it possible his wife and four
5 Q. Is this name familiar to you?
6 A. Yes.
7 Q. How?
8 A. Lutfi Xhemshiti is one of the victims mentioned in the indictment
9 of this case.
10 Q. And specifically do you -- are you aware of which annex he is
11 referred to in the indictment?
12 A. I can --
13 Q. Or what specifically is alleged happened to him --
14 MR. KHAN: [Microphone not activated] Your Honour, my friend
15 can lead.
16 JUDGE PARKER: Thank you.
17 MR. WHITING: I couldn't hear what --
18 JUDGE PARKER: You can lead. Mr. Kahn is being gracious to you.
19 MR. WHITING: Thank you. Is he -- thank you, Mr. Kahn.
20 Q. Is he in annex 3, and what is the allegation in the indictment
21 concerning Mr. Xhemshiti?
22 A. Witnesses describe Lutfi Xhemshiti to have been in the prison
23 camp in Lapusnik and he was later killed in -- at the execution site in
24 Berisa and his body has been identified later.
25 Q. And did Mr. Xhemshiti have a family?
12 Blank page inserted to ensure the pagination between the English and
13 French transcripts correspond
1 A. Yes, he had a wife and four children.
2 Q. As it says in this document?
3 A. Yes.
4 Q. Do you know where he was kidnapped from?
5 A. He was kidnapped from his home in Breg i Zi or Crni Breg.
6 Q. And is Breg i Zi mentioned at all in this document on this page?
7 A. Yes, it is actually mentioned on the start of this page.
8 Q. At the top of the page?
9 A. On the top of the page, yes.
10 Q. Thank you.
11 MR. WHITING: I would ask that this document be given a number,
13 THE REGISTRAR: That will be Prosecution Exhibit P30.
14 MR. WHITING: We're going to turn now to a different area,
15 statements made by the accused. And if we could skip the next tab and
16 turn directly to tab 25, please.
17 Q. Mr. Lehtinen, can you tell the Court, please, what this document
19 A. This is a set of documents which is the personal file of Isak
20 Musliu as a KPS police officer.
21 Q. And just for the record, it's a rather sizeable document. It's
22 U003-6170 to 6414.
23 Could you tell us how this was obtained.
24 A. Yes. This was obtained from the KPS human resources within the
25 UNMIK headquarters in Pristina to a request.
1 Q. What does KPS stand for, please?
2 A. KPS is the Kosovo police service which is the police force that
3 was founded in Kosovo after the war.
4 Q. According to the personnel file here, when did Isak Musliu join
5 the KPS?
6 A. I have to find the right place.
7 Q. I would draw your attention to page 6245, focusing only on the
8 last four numbers.
9 A. Yes. According to this he joined the KPS on 21st of February,
11 Q. Now, if I could draw your attention to pages 6203 to 6205, and
12 the first page of 6203 is on the monitor. Can you tell us what that is,
14 A. This is a document from the Kosovo police service and it's headed
15 "Result of Investigation," dated on 9th of May, 2002.
16 Q. And this informs Mr. Musliu that he's being terminated from the
17 KPS. And if we could turn to the next page, what is the reason he is
18 being terminated?
19 MR. TOPOLSKI: Your Honours, I think I can shorten this. I --
20 this is agreed. I read this to you this morning -- earlier on this
21 afternoon in my opening. We don't in fact need this.
22 MR. WHITING: That's fine.
23 Q. He was terminated, was he not, for lying on his application?
24 A. That's given as the reason, yes.
25 Q. Turning now to the application for employment which appears at
1 6211 to 6218, and there is the Albanian version at those ERN numbers.
2 And then at the beginning of this tab is the English translation of the
3 Albanian pages. And if we could turn to the second page of the
4 translation under number 4 which describes Further Training and
5 Qualifications, could you identify what is stated there.
6 A. Yes, it's point number 4, "Further Training and Qualifications.
7 Course: Karate. Qualification: First-level master. Date is 1989 until
9 Q. And under number 6, what did Mr. Musliu put on his application in
10 terms of his military or security-related employment -- employment
12 A. Yes. These are his details of employment.
13 "Date: November 1996. Unit/location: The Kosovo Liberation
14 Army, "Celiku" Unit, Klecka, 121 Brigade. Operational Zone of Nerodime.
15 Commander of Military Police. Coordinator for formation of Kosovo
17 "Rank: Commander of military police in operational zone of
19 "Commander: Commander Fatmir Limaj.
20 Q. And just so the record is clear, this is the translation of the
21 page which is marked 6215 in the Albanian.
22 MR. WHITING: Your Honour, I know that Mr. Powles wanted to raise
23 an issue. Perhaps this is a convenient time to break.
24 JUDGE PARKER: Well, I think that's a very helpful indication.
25 If I could ask you, Mr. Lehtinen, to return tomorrow at 2.15.
1 We're going on to a procedural issue now for the rest of the sitting.
2 THE WITNESS: That's fine, Your Honour. Thank you.
3 [Witness stands down]
4 [Trial Chamber and registrar confer]
5 JUDGE PARKER: The personal file, did you want to tender that or
6 are you continuing with that tomorrow morning?
7 MR. WHITING: I will continue it, and I'll tender it after I
8 finish going through it. I'll make sure I remember. Thank you, Your
10 JUDGE PARKER: Thank you.
11 Mr. Powles.
12 MR. POWLES: Thank you very much, Your Honour.
13 Your Honour, this is an application or a motion pursuant to Rule
14 73 of the Rules for an order to be issued to the Office of the Prosecutor
15 to disclose the suspect interview of Mr. Agim Murtezi. Your Honours will
16 of course remember that he was the fourth accused who appeared on the
17 indictment with the three accused in this case. He was of course
18 subsequently released and removed from the indictment. So this is an
19 application for the suspect interview that he apparently gave to the
20 Office of the Prosecutor and indeed for any other material in the
21 possession of the Office of the Prosecutor not yet disclosed to the
22 Defence that relates to his arrest and subsequent release.
23 Your Honours, I should say I have of course put my learned
24 friend, Mr. Whiting, on notice of my intention to make this application
25 and he has very kindly indicated to me already that at the moment it's
1 the Prosecution's intention not to disclose the interview transcript or
2 interview details to the Defence. Your Honours, I should also say that
3 the question of such material has already been raised, the general
4 material has been raised before, both in correspondence by the Defence
5 with the Prosecution and indeed at Status Conferences before His Honour
6 Judge Canivell. And it's fair to say that some material but clearly not
7 all of the material relating to Mr. Agim Murtezi has been disclosed to
8 the Defence. I say not all because on Monday during my learned friend,
9 Mr. Cayley's, opening before the Trial Chamber he made reference to the
10 suspect interview of Mr. Agim Murtezi. And it's that that at the moment
11 is not yet disclosed.
12 Your Honours, we submit that the interview and indeed any other
13 material is important and should be disclosed to the Defence for two main
14 reasons and they are as follows. We submit that firstly it should be
15 disclosed pursuant to Rule 68 of the Rules. We submit that it's relevant
16 to the propriety and the manner in which the investigation was conducted
17 in this case. Secondly, we say it's discloseable to us because having
18 referred to the interview and to an extent having relied upon it, we say
19 that the Prosecution have now put the relevance and need for disclosure
20 of the interview beyond any doubt.
21 Your Honours, if I may consider each in turn. Rule 68 requires
22 the Prosecution to disclose material which either suggests the innocence
23 of the accused, mitigates the guilt of the accused, and crucially we say
24 may, and I stress may, may affect the credibility of Prosecution
25 evidence. Mr. Murtezi, like Mr. Musliu, like Mr. Limaj, and like
12 Blank page inserted to ensure the pagination between the English and
13 French transcripts correspond
1 Mr. Bala, was a suspect in this case. He was thereafter indicted alike
2 all of them. We submit that his release suggests that he clearly should
3 not have been a suspect and certainly should not have been indicted. And
4 we submit that that suggests, at the very least, that somewhere along the
5 line during the course of this investigation by the Prosecution there was
6 a very serious flaw. And if that is right, we submit that it's something
7 that the Defence is entitled to know about.
8 We say that because if the Prosecution is capable of making a
9 mistake in relation to one aspect of the investigation, namely the
10 identification of Mr. Murtezi as a suspect and his arrest and subsequent
11 transfer to the Tribunal, we say that there is clearly a possibility that
12 other mistakes have been made in relation to other aspects of the
13 investigation. And it's in that way that we say the details of the
14 mistaken arrest and subsequent release of Mr. Murtezi is relevant and
15 falls under Rule 68 of the Rules. We say that because clearly the
16 material may affect the credibility of Prosecution evidence, in
17 particular the manner and way in which the investigation was carried out.
18 Your Honours have already started to hear evidence from
19 Mr. Lehtinen. As Your Honours know, we have not yet received and are not
20 likely to receive a statement from Mr. Lehtinen setting out his role in
21 the investigation, how he related to other persons involved in the
22 investigation, and where he ranks in the hierarchy of those who carried
23 out this investigation. However, as Your Honours have already heard, he
24 has been involved in this investigation since September of 2002.
25 Moreover, in his 65 ter summary, which was disclosed to the
1 Defence, it said that this witness will provide background -- background
2 to the investigation. Your Honours, if that is right and if there have
3 been flaws in the Prosecution investigation, it would seem that this is
4 the appropriate witness to put such matters to. And it's for that reason
5 that we ask for disclosure of any outstanding material relating to the
6 arrest and subsequent release of Mr. Agim Murtezi before this witness
7 concludes his evidence -- examination-in-chief to put us in a position
8 where we can perhaps consider that material before moving to
9 cross-examine him.
10 Your Honour, the second reasons or basis for saying why we feel
11 we are entitled to that material is because, obviously, the suspect
12 interview was referred to by Mr. Cayley in the Prosecution opening. We
13 submit that having referred to a document or -- and -- or something
14 that's happened, I'm not sure even that there is a transcript of the
15 interview that's been produced, but certainly my friend Mr. Whiting has
16 indicated there may not have -- be a transcript in existence already, but
17 certainly the very fact that he was interviewed, and perhaps there is a
18 video of the interview, I don't know, but having referred to that
19 interview in their opening, and we submit making in a sense part of their
20 case, we would submit the Defence are plainly entitled to have sight of
21 whatever was produced as a result of that interview.
22 During his opening, Mr. Cayley drew attention to the fact that
23 Mr. Murtezi gave a suspect interview and also drew attention to the fact
24 that the three accused in this case did not, as was their right, submit
25 to a suspect interview. We would submit that having referred to the
1 interview and to an extent having relied upon it, we would submit that
2 plainly the Defence are entitled to see the questions that were put to
3 Mr. Murtezi and the responses that he gave. We say that because that we
4 were in a position to ascertain whether the Prosecution were right to
5 refer to an interview in the way in which they did.
6 Your Honours, those are the two reasons why we submit that we are
7 entitled to the interview and indeed any other material not yet disclosed
8 by the Office of the Prosecutor to the Defence. Your Honours, I've tried
9 to be as brief as I can. I see that I may have taken slightly longer
10 than I had anticipated, but unless I can assist Your Honours further,
11 those are the -- our submissions.
12 JUDGE PARKER: Thank you very much, Mr. Powles.
13 MR. KHAN: Your Honour, if I can just say that on behalf of
14 Mr. Limaj we join the submission put forward by my learned friend,
15 Mr. Powles.
16 JUDGE PARKER: Thank you.
17 Mr. Guy-Smith.
18 MR. GUY-SMITH: Yes, we certainly do join in the submission made.
19 JUDGE PARKER: Thank you.
20 MR. WHITING: Thank you, Your Honour.
21 JUDGE PARKER: To you, Mr. Whiting, yes.
22 MR. WHITING: I would state first that Mr. Powles was correct in
23 saying that this material has been the subject of prior requests from the
24 Defence. The Prosecution has declined repeatedly to provide this
25 information on the grounds which I will explain further, that there is
1 nothing under the Rules, either Rule 68 or no other rule, which requires
2 the disclosure of this material. It is completely irrelevant.
3 Moreover, I would say that this was told to the Defence on a
4 number of occasions and the Defence could have at that time sought --
5 made a motion to the Court for the material rather than waiting to the
6 last minute during a witness's testimony and making the motion now.
7 But having said that --
8 JUDGE PARKER: Can we cut to the substance and deal with that?
9 MR. WHITING: I will. I certainly will.
10 The first -- with respect to the first point, Rule 68, number
11 one, there is nothing in the fact that another person was arrested and
12 later released, which is -- there's nothing in that fact alone that is
13 exculpatory for these witnesses. It has -- it says nothing about the --
14 whether there is evidence which is sufficient to conflict them or which
15 exculpates them.
16 Secondly, there is certainly nothing contained within the
17 interview itself, putting aside the fact whatever their judgement is
18 about the fact of the arrest and their later release, which obviously the
19 Defence want to draw some attention to and divert focus to, there is
20 certainly nothing in the interview itself, contained in the interview
21 itself, which is exculpatory for these three accused. The Prosecution
22 is -- has reviewed the material, is aware of its obligations, has
23 disclosed all Rule 68 material within its possession, and this does not
24 fall under Rule 68.
25 Finally, with respect to the reference in the opening, as we all
1 know the openings are not evidence, the Prosecution is not going to rely
2 on this information, it is not going to rely -- it is not going to call
3 Mr. Murtezi as a witness. The Prosecution is not going to introduce his
4 interview, it's not going to introduce any other documents. And
5 therefore, it is not part of the Prosecution's case. Yes, it was
6 referred to in the opening merely as background of the case, how we got
7 here, something that happened as -- in the lead-up to this case. It is
8 not part of the evidence of this case. The Prosecution will not rely on
9 it, and there is nothing that is exculpatory for these three accused
10 contained in that material. It is for those reasons that the Prosecution
11 has repeatedly declined to turn over the material.
12 [Trial Chamber confers]
13 JUDGE PARKER: Thank you, gentlemen. We'll look at this matter
14 overnight and a decision will be given when we resume tomorrow.
15 MR. POWLES: Your Honours, if I may make a brief reply to some of
16 the points made by Mr. Whiting.
17 JUDGE PARKER: Indeed.
18 MR. POWLES: I'll take about 30 seconds, but I should leave it to
19 tomorrow afternoon if Your Honours --
20 JUDGE PARKER: No, no, we need to hear now.
21 MR. POWLES: Your Honours, first of all in relation to the
22 relevance of Mr. Murtezi's arrest and subsequent release, clearly or
23 possibly Mr. Murtezi was arrested and subsequently released as a result
24 of a misidentification. Identification is an issue in this case and it's
25 in that way that we say all material pertaining to his arrest and
12 Blank page inserted to ensure the pagination between the English and
13 French transcripts correspond
1 subsequent release is obviously relevant to Defence investigations.
2 Second of all, reference was made to the interview by Mr. Cayley
3 in his opening statements, and it's -- we would submit we would need to
4 see the content of the interview to see whether Mr. Cayley was right to
5 refer to the interview in the manner and way in which he did. And we may
6 wish to make comments on the emphasis that was placed on the interview by
7 Mr. Cayley during the opening remarks.
8 Thirdly, of course the Prosecution are not intending to call
9 Mr. Murtezi as a witness, but it's possible that the Defence would like
10 to call him potentially as a witness. And certainly sight of his
11 interview with the Prosecution would assist us in making that
12 determination. Those are the three points I would make in reply.
13 MR. WHITING: Your Honour, not -- I'm -- not to belabour the
14 point, I'm sorry, but now I have just a -- if I may make a brief response
15 just to the first point --
16 JUDGE PARKER: [Microphone not activated] We're not going to start
17 tennis at this stage --
18 THE INTERPRETER: Microphone please for Judge Parker.
19 JUDGE PARKER: [Microphone not activated]
20 MR. GUY-SMITH: I should only point out to Your Honours -- [B/C/S
21 on English channel]
22 JUDGE PARKER: Thank you, Mr. Guy-Smith.
23 MR. GUY-SMITH: Should I try again? I'm getting an indication
24 that perhaps I wasn't being heard on the microphone, Your Honour.
25 JUDGE PARKER: I think it's that computer problem again from what
1 I can see rather than -- you can be heard but the machine isn't hearing
3 MR. GUY-SMITH: Very well. It's of critical importance to my
4 client, Mr. Bala.
5 JUDGE PARKER: Thank you for those submissions. We will adjourn
6 and resume at 2.15 tomorrow.
7 --- Whereupon the hearing adjourned at 7.02 p.m.,
8 to be reconvened on Friday, the 19th day of
9 November, 2004, at 2.15 p.m.