Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1895

 1                           Monday, 24 November 2008

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness entered court]

 5                           --- Upon commencing at 9.16 a.m.

 6             JUDGE MOLOTO:  Good morning to everybody in and around the

 7     courtroom.

 8             Madam Registrar, will you please call the case.

 9             THE REGISTRAR:  Good morning, Your Honours.  Good morning,

10     everyone in and around the courtroom.  This is case number IT-04-81-T,

11     the Prosecutor versus Momcilo Perisic.

12             JUDGE MOLOTO:  Thank you very much.

13             Could we have the appearances for today, starting with the

14     Prosecution.

15             MR. HARMON:  Good morning, Mr. President.  Good morning, Your

16     Honours, counsel.  Mark Harmon, Ann Sutherland, and Carmela Javier for

17     the Prosecution.

18             JUDGE MOLOTO:  Thank you very much.

19             And for the Defence.

20             MR. LUKIC: [Interpretation] Good morning, Your Honours.  Good

21     morning to everyone in the courtroom.  Today in the courtroom, appearing

22     on behalf of Mr. Perisic, Milos Androvic, Tina Drolec, Daniela Tasic, and

23     Mr. Gregor Guy-Smith, and myself, Novak Lukic, as Defence counsel.

24             JUDGE MOLOTO:  Thank you very much.

25             Mr. Tesic, just to remind you -- good morning, sir.

Page 1896

 1             THE WITNESS: [Interpretation] Good morning.

 2             JUDGE MOLOTO:  Just to remind you that you're still bound by the

 3     declaration you made at the beginning of your testimony to tell the

 4     truth, the whole truth, and nothing else but the truth, okay?

 5             THE WITNESS: [Interpretation] Yes.

 6             JUDGE MOLOTO:  Thank you very much.

 7             Just before I call you, Madam Sutherland.  Just to apologise for

 8     the late start.  It was for reasons beyond our control.  I hope we are

 9     forgiven.  You may start, Madam Sutherland.

10             MS. SUTHERLAND:  Thank you, Your Honour.

11                           WITNESS:  BORIVOJE TESIC [Resumed]

12                           [Witness answered through interpreter]

13                           Examination by Ms. Sutherland: [Continued]

14        Q.   Good morning, Mr. Tesic.  On Thursday, we dealt very briefly with

15     your military career, and you said that you were a member of the Guards

16     Brigade for 14 years, from 1990 to 2004, and that you were appointed the

17     Chief of Staff of the Guards Brigade in 1997, and you were Deputy

18     Commander of that brigade between 2000 -- and the 31st of March, 2004.

19             On Thursday, at transcript 1888 to 1889, you said that the Guards

20     Brigade was a unit within the Special Units Corps.  In December 1993, who

21     was the commander of the Special Units Corps?

22        A.   The commander of the Special Units Corps in December 1993 was

23     Colonel Miodrag Panic.

24        Q.   Specifically in December 1993, who was Colonel Panic's superior

25     officer?

Page 1897

 1        A.   In 1993, Mr. Panic's superior was the Chief of General Staff,

 2     General Perisic.

 3             MS. SUTHERLAND:  If we could have Exhibit P351 on the screen.

 4     It's the organisational chart for the Special Units Corps.

 5        Q.   Mr. Tesic, this was the document that you had produced last week.

 6     We can see in the box for the chief -- the Commander of the Special Units

 7     Corps is Colonel Panic and that his Chief of Staff is Colonel Petkovic;

 8     is that correct?

 9        A.   Yes.

10        Q.   We can also see that the commander of the Guards Motorised

11     Brigade is Lieutenant-Colonel Stojimirovic, and his Chief of Staff is

12     Miladinovic; is that correct?

13             THE INTERPRETER:  Could counsel please slow down when pronouncing

14     the names.  Thank you.

15             JUDGE MOLOTO:  Did you hear that?

16             MS. SUTHERLAND:  Yes.

17        Q.   I'm sorry.  We didn't get your answer on the record.

18        A.   Yes.

19        Q.   For the 72nd Special Brigade, it says that the -- first of all,

20     it has two names under that box.  Who was the commander of the 72nd

21     Special Brigade in December 1993?

22        A.   The command of the 72nd Special Brigade in 1993 was

23     Lieutenant-Colonel Stupar.

24        Q.   And who was Lieutenant-Colonel Todorovic?

25        A.   I think at that time he was Chief of Staff of the 72nd Special

Page 1898

 1     Brigade.

 2        Q.   Thank you.

 3             MS. SUTHERLAND:  I've finished with that document.  Could we have

 4     Rule 65 ter number 09378 on the screen, please.

 5        Q.   Mr. Tesic, this is the organisational chart for the Guards

 6     Brigade as at December 1993, which you -- is this the chart that you had

 7     produced last Wednesday?

 8        A.   Yes.

 9        Q.   Is this chart complete, to the best of your recollection?

10        A.   For the most part, yes, 90 per cent.

11        Q.   And when you say "for the most part," what do you mean by that?

12        A.   Perhaps a minor unit is omitted, but it was a long time ago, so I

13     can't remember anymore.  It was a long time ago, I said, so maybe a minor

14     unit has been omitted, a minor unit that I don't think is very important

15     for this schematic.

16             MS. SUTHERLAND:  Your Honour, may I tender that chart into

17     evidence?

18             JUDGE MOLOTO:  The chart is so admitted into evidence.  May it

19     please be given an exhibit number.

20             THE REGISTRAR:  That will be Exhibit P352, Your Honours.

21             JUDGE MOLOTO:  Thank you.

22             MS. SUTHERLAND:  I've finished with that document, thank you.

23        Q.   I now wish to deal with events at the end of December 1993

24     relating to Bosnia.  What, if any, orders did you receive at that time?

25        A.   Towards the end of December 1993, we received an order; I

Page 1899

 1     received an order from my superior officer to get ready with the other

 2     troops and, with the other units of the Special Brigade [as interpreted],

 3     to move to Vogosca.

 4        Q.   Who was your superior officer who gave you the order?

 5        A.   My superior was Lieutenant-Colonel --

 6             JUDGE MOLOTO:  Yes, Mr. Lukic.

 7             MR. LUKIC: [Interpretation] I'm sorry to interrupt.  I believe

 8     there's a misinterpretation.  The witness said "Guards Brigade," not

 9     Special Brigade.  Just to avoid confusion, the witness said "Guards

10     Brigade," and both the Guards Brigade and Special Brigade exist.  We

11     should not confuse them.

12             MS. SUTHERLAND:

13        Q.   Mr. Tesic, when I asked you what order did you receive, the

14     transcript has that you said that you were -- received an order from your

15     superior officer "... to get ready with the other troops and, with the

16     other units of the Special Brigade, to move to Vogosca."  Was that your

17     answer?

18        A.   Yes.

19        Q.   Who was your superior officer who gave you the order?

20        A.   My superior officer at the time was Lieutenant-Colonel

21     Ljubisa Stojimirovic, and the Chief of Staff was Lieutenant-Colonel

22     Miladinovic, from whom I received that order.

23        Q.   How did you receive the order?  Was it written or oral?

24        A.   Oral.

25        Q.   You said that you were told to go with the Guards Brigade and

Page 1900

 1     other units of the Special Brigade to move to Vogosca.  What was the --

 2     were you told the substance of -- what was the substance of the order?

 3     To do what?

 4        A.   The reason why we were supposed to go there was to help pull out

 5     the 72nd Special Brigade from that area, to take over the bodies of the

 6     eight dead members of that brigade, and, to the extent possible, to

 7     stabilise the part of the defence line held by the Vogosca Brigade of the

 8     VRS.

 9        Q.   Who else -- who else received this order?

10        A.   All the units that were engaged in the execution of that task.

11        Q.   Can you be more specific in relation to the units?

12        A.   I suppose there is a written document governing the move of the

13     units towards Vogosca.  I don't have that document here with me, and I

14     haven't seen it.  But it's certain that regardless of the oral order, we

15     would not have gone there without a written order.

16        Q.   How many -- how many men were involved in this mission to Bosnia

17     at the end of December 2000 -- 1993, with yourself?

18        A.   Around 200 members of the Guards Brigade as of 31st December,

19     1993, were located in Vogosca.

20        Q.   But initially how many men left when you left -- when you left

21     Belgrade, how many men went with you?

22        A.   Around 100 to 120 members of the Guards Brigade.

23        Q.   You said that you received this order from your commanding

24     officer, Lieutenant-Colonel Stojimirovic.  Did he have authority to issue

25     that order?

Page 1901

 1        A.   As far as subordinate units were concerned, he had the authority

 2     to write that order.  Whether he had the right to go with the unit, I

 3     would not like to say anything because I believe I'm not qualified.

 4        Q.   What I mean is did -- did the order originate from him, or did he

 5     receive that order from his superior officer?

 6        A.   I suppose he received it from his superior level, and that's the

 7     Special Units Corps of the Army of Yugoslavia.

 8        Q.   And then, again, the commander of the Special Corps, would have

 9     he, then, received the order from his superior officer?

10             JUDGE MOLOTO:  Yes, Mr. Lukic.

11             MR. LUKIC: [Interpretation] This previous question seemed to me

12     to be speculative; and now, again, the witness is asked to speculate.

13     The Prosecutor could perhaps ask the witness how, within the normal

14     procedure, the chain of command operates from the Special Units Corps

15     towards the Guards Brigade.  But now I believe the witness is being asked

16     to speculate with regard to a specific order.

17             JUDGE MOLOTO:  Yes, Madam Sutherland.

18             MS. SUTHERLAND:  Your Honour, I'll rephrase the question.

19             JUDGE MOLOTO:  Thank you.

20             MS. SUTHERLAND:

21        Q.   Mr. Tesic, in the normal military chain of command, when an order

22     is given by a commanding officer, is it the case that the order comes

23     from above -- or what is -- tell the Court, in normal command structure,

24     how does a commanding officer receive their orders?

25        A.   The commander has to receive orders from the superior command.

Page 1902

 1     Without such an order, he cannot initiate any activities.  Based on an

 2     order from the superior level, he formulates all the documents that are

 3     envisaged by the order from the superior command.

 4        Q.   So with respect to the order that you received to go into Bosnia,

 5     would have Colonel Stupar from the -- who was commander of the Special

 6     Units Corps, would have he had the authorisation to order troops into a

 7     recognised independent state?

 8        A.   I'm sorry.  Stupar was not commander of the 72nd Special Brigade.

 9        Q.   I'm sorry.  Miodrag Panic.  You're correct.  Would Panic have had

10     authority to send troops into a recognised independent state?

11        A.   I believe not.

12        Q.   Therefore, the order sending elements of the Guards Brigade and

13     the Special Brigade into Bosnia, who would have that order come from?

14        A.   I suppose it had to come from the General Staff.

15        Q.   And who is the highest-ranking officer in the General Staff?

16        A.   We could see that from the schematic a moment ago.  The Chief of

17     General Staff at the time was General Perisic.

18        Q.   So going back to this operation at the end of December 1993, what

19     was your function at the time?  What was the position you held?

20        A.   Towards the end of December 1993, I was an operations officer

21     within the staff of the Guards Brigade.

22        Q.   What, if anything, did you do in preparation of the movement of

23     the detachment?

24        A.   The operations officer was supposed to create an order based on

25     the order of the superior command, if such orders had been received, and

Page 1903

 1     I said before that I don't remember whether we did receive it; and the

 2     operations officer also made preparations personally for the movement

 3     into the field.

 4        Q.   Is it protocol for the brigade to keep a war diary of the

 5     mission?

 6        A.   The brigade is duty-bound to keep all the documents stipulated by

 7     the regulations, including the war diary.

 8        Q.   What is the purpose of a war diary?

 9        A.   The purpose of the war diary is to record all the activities

10     within the command and all the activities of the units within a specific

11     area in the field.

12        Q.   And that would be daily operations?

13        A.   Daily, hourly operations, operations minute by minute, if such

14     are taking place in the field.

15        Q.   Would the diary also have in it significant events that occurred

16     during the day?

17        A.   The operations officer is obligated to enter all activities

18     notified to him or activities that the superior officer tells him to

19     include.

20        Q.   Would that also include any orders that were given during the

21     day?

22        A.   Yes.

23        Q.   And does the -- is it protocol that the war diary accurately

24     reflects all those entries that you -- all those events that you have

25     just told us about?

Page 1904

 1        A.   It should.

 2        Q.   Who was responsible for filling in the war diary?

 3        A.   The officers on duty at the moment.

 4        Q.   And the protocol for filling in the war diary, you said that you

 5     fill in daily -- daily events.  So within this diary, there would be

 6     successive entries; is that correct?

 7        A.   Yes.

 8        Q.   On a day where perhaps nothing of significance or no event

 9     occurs, would there still be an entry for that day?

10        A.   Information has to be entered to the effect that no particular

11     activities are taking place and that the units were working in a planned,

12     organised manner.

13        Q.   What is the procedure in respect of noting visits from

14     high-ranking officers?

15        A.   I don't quite understand what you mean.  Could you clarify?

16        Q.   So if -- if, for example, the -- as an example, the brigade

17     received a visit from a superior officer, would that be noted in the war

18     diary?

19        A.   Yes.

20        Q.   Was a war diary kept on the mission at the end of December 1993?

21        A.   Yes.

22        Q.   Who was responsible for filling in this war diary?

23        A.   We set out together, Major Paunovic, also an operations officer

24     from the Guards Brigade, and myself, and we filled in the war diary

25     together.  I don't know about anything else because I haven't seen the

Page 1905

 1     diary itself for quite a long time.

 2        Q.   When did the detachment leave Belgrade?

 3        A.   A part of the Guards Brigade set out on the 30th December, 1993,

 4     to execute their mission.

 5        Q.   Do you recall anyone in particular seeing the detachment off,

 6     anyone -- any superior officers seeing the detachment leave Belgrade?

 7        A.   Yes.  General Mile Mrksic.

 8        Q.   What was his position at the time?

 9        A.   I think, if I'm not mistaken, he was Chief of the Ground Forces

10     of the Army of Yugoslavia.

11        Q.   What was the marching route?

12        A.   The route was Belgrade, Zvornik, Vlasenica, Han Pijesak,

13     Semizovac, and Vogosca.

14        Q.   Where did you go upon your arrival to Vogosca?

15        A.   When we got to Vogosca, we stopped and stayed at a hotel in

16     Vogosca, which already housed some members of the 72nd Brigade and some

17     superior officers from the Special Units Corps.

18        Q.   Do you recall who the superior officers of the Special Corps were

19     that were there when you arrived?

20        A.   It was a long time ago, but I think Colonel Panic was there,

21     Lieutenant-Colonel Golic, and I'm not sure for the rest.  I wouldn't be

22     certain about them.

23        Q.   Besides the 72nd Brigade that you have mentioned, were there any

24     other elements of the Special Units Corps already in Bosnia at that time?

25        A.   Apart from the 72nd Brigade, there was a part of the Guards

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 1     Brigade and part of the forces of the Armoured Brigade.

 2        Q.   And how did you know that?

 3        A.   I knew because I saw Major Borovcanin when we arrived.  I saw him

 4     at the Hotel Park.  And as for the rest, I saw them later on when touring

 5     the theatre of operations.

 6        Q.   When you said you were touring the theatre of operations, where

 7     were these other units situated?

 8        A.   Part of the Guards Brigade was -- and part of Armoured Brigade

 9     were located immediately above the town of Vogosca occupying the nearest

10     hilltops, and on the road between Sarajevo and Vogosca, close to the

11     manufacturing plant for the Volkswagen Golf motor vehicle.

12        Q.   And these were all VJ troops?

13        A.   There were members of the army, and there were also members of

14     the Republic of Srpska brigades.

15        Q.   When you say "members of the army," you're talking about the Army

16     of Yugoslavia?

17        A.   Yes, the VJ, but also in that area there were members of the VRS.

18        Q.   How long did you stay in Bosnia?

19        A.   I returned, if I'm not mistaken, somewhere on the 30th of

20     January, 1994.

21        Q.   Did the Guards Brigade report back to Belgrade; and if so, how

22     did they do that?

23        A.   We sent daily reports in the morning hours and in the evening

24     hours to the operations centre of the Special Units Corps of the Army of

25     Yugoslavia.

Page 1907

 1        Q.   Was it protocol for this information to be passed further up the

 2     chain of command?

 3        A.   I suppose so, yes.

 4        Q.   Was there telephone communication between Vogosca and Belgrade?

 5        A.   There were communications, and I presume that they were used.

 6        Q.   What is the protocol in relation to reporting to superior

 7     officers when you're in the field?

 8        A.   Through regular reports or through telephone communication.

 9             MS. SUTHERLAND:  Your Honour, I'd now like to go into closed

10     session to deal with several documents.

11             JUDGE MOLOTO:  May the Chamber please move into closed session.

12 [Closed session] [Confidentiality lifted by order of Trial Chamber I]

13  THE REGISTRAR:  Your Honours, we're in closed session.

14             JUDGE MOLOTO:  Thank you very much.

15             MS. SUTHERLAND:  Could I have Rule 65 ter number 09065 on the

16     screen, please.  If I could have page 7 of the B/C/S and page 1 of the

17     English, please.

18        Q.   Mr. Tesic, the document that we have in front of us, is this the

19     war diary that you were referring to earlier?

20        A.   Yes.  That's the first page of the war diary that I referred to.

21        Q.   You had the opportunity to review this document last week; is

22     that correct?

23        A.   Yes.  The Prosecution's lawyer showed me this war diary.

24        Q.   And you said that you and Radoje Paunovic made the entries in

25     this document?

Page 1908

 1        A.   Yes.

 2        Q.   At the top of the first page, we see the word "operative" crossed

 3     out and the word "war" written, handwritten.  Do you know who made that

 4     notation?

 5        A.   This is my handwriting.

 6        Q.   Now, if we can go through this document, and if you can point out

 7     for the Court the entries that you made in this diary.  Starting with

 8     entry number 1, tell the Court whether it was yourself or Mr. Paunovic

 9     who made the entry, if we can go through each of the pages.

10        A.   Number 1, this is the information entered by me.

11        Q.   And is that your signature at the side of the -- in column number

12     4?

13        A.   This is my signature, and I also entered item number 2 as well.

14        Q.   And, again, your signature at the side.

15             MS. SUTHERLAND:  If we could just go to the next page, please.

16             THE WITNESS: [Interpretation]  Items under numbers 3 and 4 were

17     entered by me and signed by me as well.

18             MS. SUTHERLAND:

19        Q.   Now, we also see another signature in the fifth column.  Whose

20     signature is that?

21        A.   The signature of the Commander of the Guards Brigade,

22     Lieutenant-Colonel Ljubisa Stojimirovic.

23             MS. SUTHERLAND:  Can we go to the next page.

24             THE WITNESS: [Interpretation] Information under number 5 and 6

25     were entered by me, as well as information under number 9, and I also

Page 1909

 1     signed those; and other information under number 7, 8, and 10 were

 2     entered by Major Paunovic.

 3             MS. SUTHERLAND:

 4        Q.   And that's his signature in the column marked number 4?

 5        A.   Yes.

 6        Q.   Okay.  I'm not going to take you to every single page now.  I'm

 7     going to take you to entry number 16, which is on B/C/S page number 13

 8     and English page number 8.

 9             Now, we can see there, Mr. Tesic, that the entry for number 16 is

10     blank.

11             MS. SUTHERLAND:  I'm sorry.  If we can go to the page before that

12     in B/C/S and in English.  At the bottom of page 15, entry number 15 is

13     dated the 6th of January, 1994.  And then if we can go over to the next

14     page, to entry number 16, and then entry number 17 is dated the 9th of

15     January, 1994.

16        Q.   Do you recall, when you were filling out this war diary, seeing a

17     blank space when you wrote in the diary subsequent to this date?

18        A.   I don't remember that.  I don't remember, neither did I see this

19     blank space.

20        Q.   And as you testified earlier, in relation to every day, something

21     had to be put, even if it was that nothing occurred on that day; is that

22     correct?

23        A.   Yes.  Correct.

24             MS. SUTHERLAND:  Okay.  Can we please go back to page 1 of the

25     diary, and that is page -- I'm sorry, Your Honour.

Page 1910

 1             JUDGE MOLOTO:  Before we do that, can I just find out from the

 2     witness:  Do you recognise the signature against item 17?

 3             THE WITNESS: [Interpretation] Your Honour, I recognise this

 4     signature.  This is Major Paunovic's signature.  He's an operations

 5     officer from the Guards Brigade.

 6             JUDGE MOLOTO:  Thank you very much.

 7             Yes, ma'am.

 8             MS. SUTHERLAND:  Before we go to page 1, if we can go to the

 9     previous page, entry number 15.

10        Q.   Again, Mr. Tesic, whose signature is that next to entry number

11     15?

12        A.   In column 4, this is Major Paunovic's signature.

13        Q.   Thank you.

14             MS. SUTHERLAND:  If we can go to B/C/S page 7 and English page 1.

15        Q.   Mr. Tesic, we can see in the first entry that the detachment is

16     moving out, and it's received its marching order.  Listed there, are

17     those the members of the other units that went with you on this mission,

18     for example, the Traffic Police, the Military Police Armoured Personnel

19     Carrier Platoon, the Military Police Special Purposes Platoon, the Guards

20     Motorised Brigade Command, Communications Detachment, Reconnaissance

21     Detachment, a part of Headquarters Administration, Engineering

22     Detachment, the 2nd Motorised Battalion, a Mortar Battery, Medical

23     Support, Technical Support, and the Rear Security was made up of Armoured

24     Combat Vehicle?  Is that the group of units that went to Vogosca?

25        A.   The marching orders under number 1 is correct, accurate, and

Page 1911

 1     those units departed for Vogosca on the 30th of December, 1993.

 2        Q.   Now, you had an opportunity to review this document last week.

 3     Did you see any incorrect information that had been noted in the diary?

 4        A.   I did not notice anything in particular, apart from the content

 5     of the war diary for which I believe it was written without any additions

 6     at the time it was -- it purports to be written.

 7        Q.   Now, what equipment did your unit take with you to Vogosca?  When

 8     I say "your unit," the detachment that you went with.  What military

 9     equipment did you take?

10        A.   Each member carried their own equipment and arms, weapons, from

11     the standard issue of the Army of Yugoslavia.

12        Q.   And what other -- what other vehicles or heavy equipment, besides

13     personal arms, was on the mission?

14        A.   Wheeled vehicles, trucks, armoured personnel carrier, military

15     police vehicles.  All the other equipment could be loaded onto trucks,

16     such as mortars.  There were no other such artillery.  There were

17     vehicles of infantry, and that was that.

18             MS. SUTHERLAND:  Could we now turn to entry number 3, which is

19     B/C/S page 8 and English page 3 -- 2.

20        Q.   Does this detail a meeting that was -- a meeting that was had on

21     the 1st of January, 1994?

22        A.   Yes.

23        Q.   And Panic was present at this meeting?

24        A.   I'm not certain.

25             JUDGE MOLOTO:  Mr. Lukic?

Page 1912

 1             MR. LUKIC: [Interpretation] I think it would be fair to ask the

 2     question to the witness, who was at that meeting?  I believe that this is

 3     slightly leading.

 4             JUDGE MOLOTO:  Madam Sutherland.

 5             MS. SUTHERLAND:  Your Honour, I can rephrase the question.

 6        Q.   Mr. Tesic, who was present at the meeting on the 1st of January

 7     at 800 hours?

 8        A.   At 800 hours, the meeting was attended by commanders of the units

 9     that were engaged in the area of Vogosca from within the ranks of the

10     Guards Brigade.

11        Q.   And following that meeting, what did you do?

12        A.   After the meeting, I went on reconnaissance with a group of

13     officers to reconnoitre the area.

14        Q.   Who were the officers that went on reconnaissance?

15        A.   The officers listed in the war diary, Colonel Panic, Corps

16     Commander; Lieutenant-Colonel Stojimirovic, Commander of the Guards

17     Brigade; Lieutenant-Colonel Vukasinovic, Security Organ in the Guards

18     Brigade; Major Borovcanin, Commander of the 2nd Motorised Battalion; and

19     me.

20             MS. SUTHERLAND:  If we could now turn to entry number 4, which is

21     B/C/S page 8, English page 3, so just further down the page.

22        Q.   What tasks were you -- sorry, we can see that this was a meeting

23     on the 2nd of January.  What tasks were the units given on that day?

24        A.   The tasks to the units are listed in the war diary.  The

25     engineering detachment was ordered to engage in preparing the positions

Page 1913

 1     of the mortar battery.  Then the combat group from the military police

 2     ranks were supposed to engage at the front line to destroy enemy snipers

 3     and other important targets which may appear in the area of

 4     responsibility, and part of the 2nd Battalion, with the reconnaissance

 5     detachment, should organise the defence of the Donja Josevici village

 6     with the task of reinforcing the Josevici battalion defence lines, keep

 7     readiness to provide support during attacks by Josevici battalion, and

 8     engage in repelling enemy from the direction of Ugorsko.

 9             MS. SUTHERLAND:  If we can go to entry number 5, which is

10     directly below that.

11        Q.   This was an entry that was also written by you.

12        A.   Yes.

13        Q.   And this entry related to a soldier called Milos Popovic; is that

14     correct?

15        A.   Yes.

16        Q.   And that's detailing the fact that he was injured.

17        A.   That's correct.

18        Q.   Do you know what unit he was part of?

19        A.   He belonged to the 2nd Motorised Battalion of Major Borovcanin.

20             MS. SUTHERLAND:  If we could now turn to entry number 12, which

21     is in the B/C/S page 9, and the English page 6.

22        Q.   This entry is also written by you, is it not?

23        A.   Yes.

24        Q.   And it's of a meeting held at 0630 hours on the 5th of January,

25     1994.

Page 1914

 1        A.   I apologise.  This entry is not in my handwriting.  I thought you

 2     were discussing item 11 and the five items within it.

 3        Q.   No.  I'm taking you to entry number 12.  Is that entry -- has

 4     that entry been done by Mr. Paunovic?

 5        A.   I presume, but I can't see the signature.

 6        Q.   What were you asked to do at that meeting?  What were you tasked

 7     to do on the 5th of January, 1994?

 8        A.   I can't recall at this particular point in time.  On the 6th, I

 9     know that I was at the positions of the 2nd Motorised Battalion in the

10     area held by the Vogosca Brigade.

11        Q.   And you were to be there with Major Cvjetinovic; is that correct?

12        A.   I couldn't really say before I see a part of the document.

13        Q.   Sorry.

14             MS. SUTHERLAND:  If we can go to the next page of the B/C/S.

15        Q.   Were you and Cvjetinovic to observe the firing of the

16     anti-aircraft guns on the targets on the ground?

17        A.   I wouldn't say that these are anti-aircraft cannons, but the

18     activities of those forces in the wider area of Rasnik, I was supposed to

19     monitor their operations, their activities.  I was supposed to do so with

20     Cvjetinovic, Major Cvjetinovic.  And then the last passage within this

21     item, it is referred to observation of firing of anti-aircraft cannon on

22     the targets on the ground, yes.  In other words, yes.

23        Q.   And then you are to monitor establishing contacts between the

24     Kosevo Brigade and the Vogosca Brigade.

25        A.   Yes.

Page 1915

 1        Q.   Now, the Vogosca Brigade there, is that the VJ unit, or is that

 2     the VRS unit?

 3        A.   The Kosevo and the Vogosca Brigades belonged to the VRS.

 4        Q.   Now, we can see that Mr. Paunovic has put his signature to that

 5     entry, entry number 12; is that correct?

 6        A.   Yes.

 7             MS. SUTHERLAND:  Your Honour, if I can go to one more entry

 8     before the break.  Is that appropriate?

 9             JUDGE MOLOTO:  You go ahead, ma'am.

10             MS. SUTHERLAND:  Oh, no, we'll wait until after the break.

11             JUDGE MOLOTO:  We'll take a break and come back at a quarter to

12     11.00.  Court adjourned.

13                           --- Recess taken at 10.15 a.m.

14                           --- On resuming at 10.46 a.m.

15             JUDGE MOLOTO:  Yes, Madam Sutherland.

16             MS. SUTHERLAND:  Thank you, Your Honour.

17             THE INTERPRETER:  Microphone, please.

18        Q.   Mr. Tesic, if we can look at entry number 14, which is in the

19     B/C/S, page 12; in the English, page 7.  If we can look at the entry for

20     the meeting -- sorry, entry number 14 down the bottom of the page.  On

21     the 5th of January, 1994, at 1700 hours, we can see that this is an order

22     of the corps commander, in relation to paragraph 1:  "Pursuant to the

23     needs and approval of the NGS VJ, the 72nd Special Brigade shall leave

24     the area of responsibility --"

25             MS. SUTHERLAND:  I'm sorry, Your Honour.  I just want to make

Page 1916

 1     sure that we're in closed session.

 2             JUDGE MOLOTO:  We are.

 3             MS. SUTHERLAND:  Sorry.

 4        Q.   "... the 72nd Special Brigade shall leave the area of

 5     responsibility of the Sarajevo Romanija Corps at 530 hours on the 6th of

 6     January, 1994."

 7             Who is the NGS VJ?

 8        A.   It's an acronym for the Chief of General Staff of the VJ.

 9        Q.   And who is the Chief of the General Staff of the VJ?

10        A.   On the 5th of January, 1994, it was General Perisic.

11        Q.   Now, it also says there under paragraph numbered 5 that the 72nd

12     Brigade will hand over elements of troops and materiel to the Guards

13     Motorised Brigade.

14        A.   Yes.

15             MS. SUTHERLAND:  Your Honour, I would seek to tender that

16     document -- this document into evidence.

17             JUDGE MOLOTO:  The document is admitted into evidence.  May it

18     please be given an exhibit number.

19             THE REGISTRAR:  That will be Exhibit P353, under seal, Your

20     Honours.

21             JUDGE MOLOTO:  Thank you very much.

22             MS. SUTHERLAND:

23        Q.   We will come back to this document in a moment, Mr. Tesic, but I

24     would like you to look at another document, and that's Rule 65 ter

25     number --

Page 1917

 1             MS. SUTHERLAND:  And this still requires closed session,

 2     unfortunately, Your Honour.

 3        Q.   -- Rule 65 ter number 09067.  Mr. Tesic, as you can see on the

 4     screen, this is a document dated the 5th of January, 1994.  Is this the

 5     order that we just saw in the war diary at entry number 14?

 6        A.   Yes.

 7             MS. SUTHERLAND:  Your Honour, I would seek to tender that

 8     document into evidence.

 9             JUDGE MOLOTO:  The document is admitted into evidence.  May it

10     please be given an exhibit number.

11             Sorry, Mr. Lukic.

12             MR. LUKIC: [Interpretation] I have no objection.  That's not the

13     reason I'm on my feet.  It's just a technical matter, Your Honours.  The

14     previous document that was admitted, in the B/C/S version, the diary of

15     the Guards Brigade, in the 65 ter document there are seven more pages

16     before that, if you have noticed.  When the Prosecutor announced the

17     pages, she said page 7, and those six pages in the B/C/S version are

18     actually correspondence between OTP and the state of FRY.  I suppose that

19     these six pages do not come into evidence, so that this diary, P353,

20     practically starts from page 7 in B/C/S.

21             MS. SUTHERLAND:  Yes.

22             JUDGE MOLOTO:  Madam Sutherland.

23             MS. SUTHERLAND:  Yes, Your Honour.  I would agree.  We actually

24     want the war diary from page 7 of the B/C/S and page 1 of the English

25     translation, so we do not seek to have the correspondence between the

Page 1918

 1     Republic of Serbia and the Office of the Prosecutor.

 2             JUDGE MOLOTO:  Thank you very much.

 3             I hope, Madam Registrar, you are taking note of that.  Thank you

 4     so much.

 5             Now, 65 ter 09067 is admitted into evidence.  May it please be

 6     given an exhibit number.

 7             THE REGISTRAR:  That will be Exhibit P354, under seal, Your

 8     Honour.

 9             JUDGE MOLOTO:  Thank you very much.  I would imagine even the

10     previous one is under seal?

11             MS. SUTHERLAND:  Yes.

12             JUDGE MOLOTO:  Thank you so much.

13             MS. SUTHERLAND:  Could we have Rule 65 ter number 09070, please,

14     and if we could go to page 4 of the B/C/S and page 4 of the English.

15        Q.   Mr. Tesic, this is a document with the Hotel Park letterhead,

16     dated the 5th of January, 1994.  Is this your handwriting?

17        A.   Yes.

18        Q.   And this is a document signed by your superior officer,

19     Lieutenant-Colonel Stojimirovic --

20        A.   Yes.

21        Q.   -- sent to the -- sent to the VJ Special Units Corps command

22     operations centre.  Is that correct?

23        A.   It's sent to the operations centre, personally to the Chief of

24     Staff of the Special Units Corps of the Army of Yugoslavia, Colonel

25     Petkovic.

Page 1919

 1        Q.   And does this document set out the fact that the units have

 2     worked according to plan and that the 72nd Special Brigade has handed

 3     over the area of responsibility?

 4        A.   Yes.

 5             MS. SUTHERLAND:  Your Honour, I would ask that that document be

 6     admitted into evidence.

 7             JUDGE MOLOTO:  The document is admitted into evidence, under

 8     seal, I guess?

 9             MS. SUTHERLAND:  Yes, Your Honour.  I'm sorry.

10             JUDGE MOLOTO:  It is admitted into evidence under seal.  May it

11     please be given an exhibit number.

12             THE REGISTRAR:  That will be Exhibit P355, under seal, Your

13     Honours.

14             JUDGE MOLOTO:  Thank you very much.

15             MS. SUTHERLAND:  If we could turn to the next -- sorry, in that

16     exhibit, P354 -- 355, if we could go to the next page, and that's B/C/S

17     page 5 and English page 5.

18        Q.   Mr. Tesic, again, a document dated the 5th of January, 1994.  Is

19     this your handwriting?

20        A.   Yes.

21        Q.   And, again, it's sent to the VJ Special Units Corps command for

22     the attention of the chief of staff.

23        A.   Yes.

24        Q.   Now, does this document say that part of the 72nd Special Brigade

25     is leaving the area of responsibility of the Sarajevo Romanija Corps and

Page 1920

 1     returning to the original garrison?

 2        A.   Yes.

 3        Q.   And where is the original garrison?

 4        A.   Garrison Belgrade.

 5        Q.   Thank you.

 6             MS. SUTHERLAND:  I've finished with that document.  If we could

 7     have Rule 65 ter number 09072.

 8             JUDGE MOLOTO:  Yes, Mr. Lukic.

 9             MR. LUKIC: [Interpretation] A technical matter again.  I suppose

10     when the Prosecutor tendered 09070 and when it was admitted under the

11     number given that all the ten pages of that document have been tendered.

12     In fact, those are ten separate reports.  We should be precise about

13     this.  All the documents from 9070 make up this P number.

14             MS. SUTHERLAND:  Yes, Your Honour.  I would ask that all of the

15     ten pages are admitted.  I will be taking Mr. Tesic to -- back to this

16     exhibit later on.  I simply wanted to take him to two pages at the

17     moment, which I've done.

18             JUDGE MOLOTO:  Can I ask that each time you ask for a document to

19     be admitted, ma'am, you specify exactly what it is you want to be

20     admitted.

21             MS. SUTHERLAND:  Yes, Your Honour.

22             JUDGE MOLOTO:  All right.

23             MS. SUTHERLAND:

24        Q.   Mr. Tesic, the document that's on the screen in front of -- in

25     front of us is a document dated the 13th of January, 1994.  If we

Page 1921

 1     could -- and it's from your commanding officer, your superior officer,

 2     again, Mr. Stojimirovic, and this is a report.  Who is he sending this

 3     report to?

 4        A.   This is an order to the units of the Guards Brigade, that is, to

 5     commanders and commanders of independent units.

 6        Q.   Now, in that -- in this order, is he -- is he advising that the

 7     elements of the Guards Motorised Brigade units have reinforced the 72nd

 8     Special Brigade and entered the formation of the Sarajevo Romanija Corps

 9     on the 17th of December, 1993?

10        A.   Yes.

11        Q.   And that upon the arrival of the Guards Motorised Brigade in

12     Vogosca on the 31st of December, 1993, the reinforcement units left the

13     formation of the 72nd Special Brigade and entered the formation of the

14     Guards Motorised Brigade, and that the current numerical strength in the

15     Guards Motorised Brigade is 210 men.

16        A.   That's what it says in the order.

17        Q.   And that would be pursuant to those earlier orders that we saw

18     dated the 5th of January, 1994.

19        A.   Yes.

20        Q.   Then the document details the unit formation and what it now

21     comprises of, and that is a communications detachment, engineering

22     detachment, reconnaissance detachment, military police, a military police

23     detachment for special purposes, a tank platoon, four 120-millimetre

24     mortar batteries, five armoured combat vehicles, a mixed anti-aircraft

25     platoon, including two Pragas.  What are Pragas?

Page 1922

 1        A.   These weapons are intended for combat against targets in the air.

 2        Q.   It also says in paragraph 2 that:  "Pursuant to the order of the

 3     Sarajevo Romanija Corps commander of 2nd of January, 1994, the Guards

 4     Motorised Brigade entered the reserve formation of the SRK ..."  Is that

 5     correct?

 6        A.   That's what it says.

 7        Q.   Does it then go on to say that independently of that order,

 8     "since the 2nd of January, 1994, all the Guards Motorised Brigade units,

 9     except for the military police platoon, have been engaged in the area of

10     responsibility of the Vogosca, Mrkonjic and Kosevo Brigades," some

11     elements having been engaged with the 72nd Special Brigade prior to that

12     date, that is, prior to the 2nd of January, 1994?

13        A.   Yes.

14             JUDGE MOLOTO:  Sorry.  If we could just go back to that page.  I

15     have a question to ask.

16             Mr. Tesic, what does it mean to say that "the Guards Motorised

17     Brigade entered the reserve formation of the SRK"?

18             THE WITNESS: [Interpretation] The very term "reserve" is clear.

19     It is the right of the commander of the unit to use the units in view of

20     the situation as it has developed.  So the unit can be brought in from

21     the reserve and used in combat activities.

22             JUDGE MOLOTO:  With the SRK?

23             THE WITNESS: [Interpretation] Yes.

24             JUDGE MOLOTO:  Okay.  Thank you.

25             MS. SUTHERLAND:  Your Honour, I seek to tender that document.

Page 1923

 1             JUDGE MOLOTO:  The document is admitted into evidence.  May it

 2     please be given an exhibit number.

 3             THE REGISTRAR:  That will be Exhibit P356 --

 4             JUDGE MOLOTO:  Under seal.

 5             THE REGISTRAR:  -- under seal, Your Honours.

 6             JUDGE MOLOTO:  Thank you very much.

 7             MS. SUTHERLAND:  While we still have the document on the screen,

 8     if we could go to page 3 of -- the second page of the document, of the

 9     English translation.

10        Q.   Mr. Tesic, does it also -- does this document also say that:  "In

11     the next activities, the aforementioned Guards Brigade forces can be

12     engaged along the direction of the main impact within the formation of

13     the BG-2 or BG-3 ..."

14        A.   Yes, that's what the order says.

15        Q.   And what do you understand BG-2 or BG-3 or, in fact, BG-1 to

16     mean?

17        A.   It's an acronym.  Combat group 1, 2, and 3.

18             MS. SUTHERLAND:  Could we have Rule 65 ter number 095 -- 075 on

19     the screen, please.  The Rule 65 ter number is 09075.

20        Q.   Mr. Tesic, this is a document dated the 15th of January, 1994.

21     As you can see, it's from the commander Dragan Josipovic.  Who is it

22     addressed to?

23        A.   Commander Dragan Josipovic was one of the commanders of the Army

24     of Republika Srpska.  This order was sent to a large number of units on

25     brigade level in the VRS.

Page 1924

 1        Q.   And is one of the units it's being sent to the reserve units of

 2     the Main Staff of the VRS?

 3        A.   Yes.  We can see all the addressees, so one of them is -- are the

 4     reserve units of the Main Staff.

 5        Q.   And this is an order to -- in relation to the movement of motor

 6     vehicles.

 7             JUDGE MOLOTO:  Mr. Lukic.

 8             MR. LUKIC: [Interpretation] I don't want to object all the time

 9     to leading questions in disputable matters, but I think the Prosecutor is

10     leading the witness too much.  It would be fairer to ask the witness what

11     we can see from the document and what it means.  This is, after all,

12     examination-in-chief.

13             JUDGE MOLOTO:  Madam Sutherland.

14             MS. SUTHERLAND:  Yes, Your Honour.  I take my learned friend's

15     point.

16             JUDGE MOLOTO:  Okay.

17             MS. SUTHERLAND:  I would seek to tender that document into

18     evidence, Your Honour.

19             JUDGE MOLOTO:  The document is admitted into evidence, under

20     seal --

21             MS. SUTHERLAND:  No.  Yes, Your Honour, thank you.

22             JUDGE MOLOTO:  May it please be given an exhibit number.

23             THE REGISTRAR:  That will be Exhibit P357, under seal, Your

24     Honours.

25             MS. SUTHERLAND:  Your Honour, we can move into open session at

Page 1925

 1     the moment, if that document is taken off the screen.

 2             JUDGE MOLOTO:  May the Chamber please move into open session.

 3                           [Open session]

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

 5             JUDGE MOLOTO:  Thank you very much.

 6             MS. SUTHERLAND:  Could we have Rule 65 ter number 01222 on the

 7     screen, please.

 8        Q.   Mr. Tesic, what is the date of this document?  And who is it from

 9     and who is it to?

10        A.   This document was drafted on the 25th of December, 1993, at the

11     Main Staff of the VRS, and it was signed by Deputy Commander Manojlo

12     Milovanovic.  Deputy Commander, Major-General Manojlo Milovanovic.

13        Q.   And in this document, is any reference made to the Yugoslav Army?

14        A.   Yes.

15        Q.   What does it say about the Yugoslav Army?

16        A.   It says that the use and designation by the term "VJ," Vojska

17     Jugoslavija, that is, Army of Yugoslavia, in regular and telephone

18     communications is banned.  Similarly, the use of any reference to the

19     reserve of the Main Staff, that is, the reserve of the Main Staff of the

20     VRS, is also forbidden.

21        Q.   I'm sorry.  If I can take you to the last sentence of the

22     paragraph.  Could you read the last sentence, please.

23        A.   "The forces of the Army of Yugoslavia should be treated as the

24     reserve of the Main Staff of the VRS regardless of the number, size,

25     strength, and type."

Page 1926

 1        Q.   Is this order in line with the previous orders that we have seen?

 2        A.   Probably.

 3             MS. SUTHERLAND:  Your Honour, I seek to tender that document into

 4     evidence.

 5             JUDGE MOLOTO:  The document is admitted into evidence.  May it

 6     please be given an exhibit number, under seal.

 7             MS. SUTHERLAND:  Your Honour, there's no need --

 8             JUDGE MOLOTO:  I beg your pardon.  Not under seal.

 9             THE REGISTRAR:  That will be Exhibit P358, Your Honours.

10             JUDGE MOLOTO:  Thank you.

11             MS. SUTHERLAND:  Could we have Rule 65 ter number 01223 on the

12     screen, please.

13        Q.   Mr. Tesic, what is the date of this document?  Who is it from and

14     who is it to?

15        A.   The date is the 27th of December, 1993.  It is an interim report

16     sent to the Main Staff of the Army of the Republika Srpska and is sent

17     by - if we could scroll down - sent by the Commander of the Sarajevo

18     Romanija Corps, Major-General Stanislav Galic.

19        Q.   What is General Galic reporting on in this document?

20        A.   He reports on the Pancir-2 operation and an attack by the combat

21     group 1, and also reports on other elements referred to in this order,

22     and I'd rather not mention them.

23        Q.   What does it say in relation to the operation?  When was the date

24     of the operation?

25        A.   The operation, as stated here, was conducted on the 27th of

Page 1927

 1     December, 1993.  It was commanded by Colonel Stupar, Commander of the

 2     72nd Special Brigade of the VJ, against a medical centre facility.  It

 3     describes when the attack began, how many members of the opposing forces

 4     were present in the facility, and describes that seven members of the

 5     72nd Special Brigade were killed on that occasion.  It also states that

 6     in other brigades there were casualties; members of those were killed or

 7     wounded.

 8        Q.   What was the date of the operation?

 9        A.   The 27th December, 1993.

10        Q.   You mentioned that seven were -- seven members of the 72nd

11     Brigade were killed.  Does it further on make any reference to any

12     members of the VJ being killed?

13        A.   Eight members were killed in total who were members of the 72nd

14     Special Brigade during that operation, and that 72nd Brigade was from the

15     VJ.

16        Q.   Does it say where they were killed?

17        A.   In this document, it is stated that it went for the medical

18     centre facility under the name of Betanija.

19        Q.   Was there also an attack on Orahov Brijeg?

20             JUDGE MOLOTO:  Mr. Lukic.  Yes, Madam Sutherland, you are asking

21     leading questions.

22             MR. LUKIC: [Interpretation] Another thing I'd like to add, Your

23     Honour.  This witness has come to testify here on things which are known

24     to him.  I believe the Prosecutor is trying too much in terms of analysis

25     of the mentioned documents.  First, maybe he should have been asked what

Page 1928

 1     he knew and then to be corroborated by documents.  This happened before

 2     his arrival there.  He's asked to relate the contents of that document.

 3     Let's ask the witness about the facts that he knew and witnessed and then

 4     discuss the facts before us.

 5             MS. SUTHERLAND:  Your Honour, this witness has already testified

 6     that he was ordered to go to Bosnia to retrieve eight VJ officers -- the

 7     bodies of eight VJ soldiers.

 8             JUDGE MOLOTO:  That may be so, ma'am.  Then he must tell us the

 9     full story from his memory.  He's a fact witness; he's not an expert

10     witness, and for you to put exhibits before him and ask him questions

11     which he just reads from there doesn't give us any idea on the -- on his

12     memory of the events.  I think you must put your documents on the screen

13     once he has already testified for the document to confirm what he has

14     already told us.

15             MS. SUTHERLAND:  Yes, Your Honour.

16             JUDGE MOLOTO:  Thank you.

17             MS. SUTHERLAND:  Your Honour, may that document be admitted into

18     evidence.

19             JUDGE MOLOTO:  It is so admitted.  May it please be given an

20     exhibit number.

21             THE REGISTRAR:  Your Honours, that will be Exhibit P359.

22             JUDGE MOLOTO:  Thank you very much.

23             MS. SUTHERLAND:

24        Q.   Mr. Tesic, what specific tasks did Lieutenant-Colonel

25     Stojimirovic give you in regard to the retrieval of the eight bodies of

Page 1929

 1     the 72nd Brigade?

 2        A.   Before our departure to the area of Republika Srpska, we were

 3     told that we were going to go there to retrieve the bodies, to replace

 4     the 72nd Special Brigade, and to help stabilise the front line in the

 5     area of Vogosca in the light of the casualties suffered.  Upon our

 6     arrival to Vogosca, we engaged in stabilising the system of defence of

 7     the Vogosca Brigade.  Part of our officers was in charge of maintaining

 8     communication and getting hold of the bodies of the killed members of the

 9     72nd Brigade.  Some of those officers received some of those bodies on

10     the 14th of January, it seems to me, in 1994; and the last body to be

11     received was received on the 25th or the 28th of January, 1994, when our

12     return to Belgrade started.  And by this return, I mean the return of the

13     Guards Brigade to the home formation, home unit in Belgrade, in Serbia.

14        Q.   Were you asked -- in regard to the bodies, were you asked to --

15             JUDGE MOLOTO:  No, no.  You're going to ask a leading question.

16     "What were you asked?"

17             MS. SUTHERLAND:

18        Q.   In relation to what you were tasked to do, what did you do?

19        A.   Through the intelligence and security organs, we contacted the

20     other side, since the bodies of the killed members of the 72nd Brigade

21     were taken and removed from the medical centre facility.  Further

22     communication went through security organs with a view of retrieving

23     their bodies, and there was no engagement of the Guards Brigade in this

24     task, since there was no need for that.

25             MS. SUTHERLAND:  Could we go into closed session, please, Your

Page 1930

 1     Honour.

 2             JUDGE MOLOTO:  May the Chamber please move into closed session.

 3 [Closed session] [Confidentiality lifted by order of Trial Chamber I]

 4  THE REGISTRAR:  Your Honours, we're in closed session.

 5             JUDGE MOLOTO:  Thank you so much.

 6             Yes, Madam Sutherland.

 7             MS. SUTHERLAND:  Could I have Rule 65 ter number 09066 on the

 8     screen, please.

 9        Q.   Before that comes up, Mr. Tesic, what, if any, documents were you

10     asked to prepare?

11             JUDGE MOLOTO:  May I suggest, in fact, that even before that

12     document comes - don't pull it back first - ask your questions on that

13     document, and let the document come to confirm what the witness has

14     testified.

15             MS. SUTHERLAND:

16        Q.   Mr. Tesic?

17        A.   The operations organ keeps all the documents as required by the

18     rule book.  Which specific document you mean, I don't know, but I can

19     explain it.  I do believe that the command of the Guards Brigade maintain

20     all the records and documents as per requirements.

21        Q.   What, if any, documents did you prepare in relation to the bodies

22     that you retrieved -- that were retrieved -- or that were killed, I'm

23     sorry, in relation to the soldiers who were killed or wounded?

24        A.   The operations organ, which means the command of the Guards

25     Brigade, keeps documents on all casualties, be it killed or wounded, in a

Page 1931

 1     certain action.  And in this particular case I remember, since the 72nd

 2     Brigade went out of the area of the Republic of Srpska, all the data that

 3     I entered for those members and for the members of the Guards Brigade I

 4     retrieved from the medical centre, our clinic, which was located at

 5     Semizovac near Vogosca from the protocols on those killed and wounded in

 6     action.

 7             JUDGE MOLOTO:  Sorry, can I understand, you retrieved your

 8     clinic?

 9             THE WITNESS: [Interpretation] The names and surnames were

10     received from their officers who were supposed to go to Belgrade, and the

11     other information on the time and place and type of wounds were retrieved

12     from the documents of our infirmary, which was located at Semizovac,

13     which lies 10 kilometres away from Vogosca.

14             MS. SUTHERLAND:

15        Q.   What did you do with --

16             MS. SUTHERLAND:  Sorry, Your Honour.

17             JUDGE MOLOTO:  That's fine.  Go ahead.

18             MS. SUTHERLAND:

19        Q.   What did you do with this information?

20        A.   I maintained those documents and included them among the other

21     documents which I had to keep as per my duties.

22        Q.   What information did you include in the documentation that you

23     kept?

24        A.   We had lists of killed in action - that was one document - and

25     those wounded in action, and we maintained records in terms of names,

Page 1932

 1     time, place of casualty, and all the other relevant information that was

 2     available to us at the time.

 3             MS. SUTHERLAND:  Could I have Rule 65 ter number 09066 on the

 4     screen, please.

 5        Q.   Mr. Tesic, what is this document?

 6        A.   This document is a list of killed and missing members of the 72nd

 7     Special Brigade.

 8        Q.   Who authored this document?

 9        A.   I drafted this document.  This is in my handwriting.

10        Q.   Does the document state where the person was killed?

11        A.   Yes.

12        Q.   We see reference there to --

13             MS. SUTHERLAND:  If we could go to page 2 of the document and

14     page -- yes, both English and B/C/S.

15        Q.   -- reference to the word "Blazuj."  Am I pronouncing that

16     correctly?

17        A.   Yes.  Blazuj is referred to as probably the medical centre.

18        Q.   Whereabouts is that medical centre?

19             JUDGE MOLOTO:  Where do we see Blazuj?

20             MS. SUTHERLAND:  In the -- column number 7, Your Honour.  For the

21     seventh entry, for example -- oh, the fifth entry.

22        Q.   Whereabouts is Blazuj medical centre?

23        A.   In the vicinity of Rajlovac it is referred to, most probably

24     because of the type of wounds that had to be treated there, and then what

25     it refers to is VMA, or the Army Medical Academy.  They were most

Page 1933

 1     probably transported to Belgrade.  These facilities are not in the area

 2     of combat operations.  This refers to the medical facility, at least in

 3     my opinion.

 4        Q.   What does the acronym "VMA" stand for?

 5        A.   The acronym "VMA" means the Army Medical Academy.

 6             JUDGE MOLOTO:  Which he has just told you a few minutes ago at

 7     line 19.

 8             MS. SUTHERLAND:  Oh, I'm sorry.

 9             JUDGE MOLOTO:  So -- sorry, if you listen to the witness.

10             MS. SUTHERLAND:  Yes, Your Honour.

11             Could that document be tendered into evidence?

12             JUDGE MOLOTO:  That document is admitted into evidence.

13             MS. SUTHERLAND:  Under seal, please.

14             JUDGE MOLOTO:  May it please be given an exhibit number and be

15     kept under seal.

16             THE REGISTRAR:  Your Honours, that will be Exhibit P360, under

17     seal.

18        Q.   In relation to --

19             MS. SUTHERLAND:  I'm sorry, could I have Rule 65 -- sorry.  Could

20     I have Rule 65 ter number 08326, please.

21             And, Your Honour, may we go into open session.

22             JUDGE MOLOTO:  May the Chamber please move into open session.

23                           [Open session]

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

25             JUDGE MOLOTO:  Thank you so much.

Page 1934

 1             Could we open the curtain, please.

 2             THE USHER:  Yes.

 3             MS. SUTHERLAND:

 4        Q.   Mr. Tesic, what is this document?

 5        A.   This is a picture of one of the officers of the 72nd Special

 6     Brigade, Captain Galjak, who was killed on the 27th of December, 1993, in

 7     the wider area of Vogosca.

 8             MS. SUTHERLAND:  Your Honour, I seek to tender that document into

 9     evidence.

10             JUDGE MOLOTO:  The document is admitted into evidence.  May it

11     please be given an exhibit number.

12             THE REGISTRAR:  That will be Exhibit P361, Your Honours.

13             JUDGE MOLOTO:  Thank you.

14             MS. SUTHERLAND:  May I have Rule 65 ter number 08319.06.  Oh, I'm

15     sorry.

16        Q.   Mr. Tesic, this document that you see on the screen in front of

17     you, what is this document?

18        A.   This is a document that Popovic Milan, member of the 2nd

19     Motorised Battalion of the Guards Brigade, he submitted to the Yugoslav

20     Army judge advocate general's officer to enjoy some of his entitlements.

21        Q.   Where does it say he was wounded?

22        A.   It is handwritten that:  "My wounding happened as follows:

23     Between two trenches while I was running from one to the other, I was

24     hit ..." the passage that is handwritten.

25             MS. SUTHERLAND:  I'm sorry, Your Honour.  I wanted a sub-part of

Page 1935

 1     this exhibit, ERN number 0614-5558, which is 65 ter number 8913.06.

 2     8319.

 3             JUDGE MOLOTO:  Madam Sutherland, I requested you to lead your

 4     witness before you place your corroborating documents on the screen.  You

 5     just did that with one document, and now you're going back to what you've

 6     been doing all the time.

 7             MS. SUTHERLAND:  I'm sorry, Your Honour.  If we take the document

 8     off the screen.

 9             JUDGE MOLOTO:  That was the point, yes, seeing the document.

10             MS. SUTHERLAND:

11        Q.   Mr. Tesic, do you know where Mr. Popovic was wounded?

12        A.   Yes.

13        Q.   Where was that?

14        A.   He was wounded -- I'm not sure, somewhere around the 2nd of

15     January, at a position held by the 2nd Motorised Battalion of our brigade

16     in the hills overlooking Vogosca, the immediate hilltops above Vogosca.

17        Q.   In relation to Mr. Galjak, do you know where he was wounded?

18        A.   Galjak was killed on the occasion of the execution of the

19     Pancir-2 operation in the area of the medical centre.

20             MS. SUTHERLAND:  Excuse me, Your Honour.  One moment.

21                           [Prosecution counsel confer]

22             MS. SUTHERLAND:

23        Q.   Mr. Galjak -- sorry.  Mr. Tesic, you mentioned that Mr. Galjak

24     was killed on the 22nd of December, 1993; is that correct?

25        A.   I did not say the 22nd but the 27th of December, of December

Page 1936

 1     1993, when the action took place.  But I couldn't be specific, since so

 2     much time has elapsed in between.

 3             MS. SUTHERLAND:  Could I have Rule 65 ter number -- I'm sorry.

 4     May we go into closed session.

 5             JUDGE MOLOTO:  What do you want to do with 08319.06 at this point

 6     in time?  That's what you had called, and you asked that it be removed

 7     because of my comments.

 8             MS. SUTHERLAND:  Yes, Your Honour.  I would -- I would not be

 9     proceeding with that -- anymore with that document.

10             JUDGE MOLOTO:  Okay.  Now you're asking to go into closed

11     session?

12             MS. SUTHERLAND:  Yes, please.

13             JUDGE MOLOTO:  May the Chamber please move into closed session.

14 [Closed session] [Confidentiality lifted by order of Trial Chamber I]

15  THE REGISTRAR:  Your Honours, we're in closed session.

16             JUDGE MOLOTO:  Thank you very much.

17             MS. SUTHERLAND:  Could we have Rule 65 ter number 09073, page 2

18     of the B/C/S and page 2 of the English.

19             JUDGE MOLOTO:  I guess you have led the witness on what you are

20     going to deal with in that document?

21             MS. SUTHERLAND:  Yes, Your Honour.

22             JUDGE MOLOTO:  You have already done so?

23             MS. SUTHERLAND:  Yes, Your Honour.

24        Q.   Mr. Tesic, does this document reflect when and how he was --

25     Mr. Galjak was killed?

Page 1937

 1        A.   Yes.  It confirms the date that I mentioned, the 27th of

 2     December, 1993, that he was killed on that date.

 3             MS. SUTHERLAND:  Your Honour, may that document be admitted into

 4     evidence?

 5             JUDGE MOLOTO:  Is it under seal, ma'am?

 6             MS. SUTHERLAND:  Yes, Your Honour.

 7             JUDGE MOLOTO:  The document is admitted into evidence.  May it

 8     please be given an exhibit number, under seal.

 9             THE REGISTRAR:  That will be Exhibit P362, under seal, Your

10     Honours.

11             JUDGE MOLOTO:  Thank you very much.

12             MS. SUTHERLAND:  Your Honour, there are a number of certificates

13     in relation to this exhibit, and we would seek to tender them all into

14     evidence.

15             JUDGE MOLOTO:  A number of certificates in relation to this --

16             MS. SUTHERLAND:  No, in relation to different soldiers,

17     different-named soldiers.  I simply took this witness to one of them.

18             JUDGE MOLOTO:  Go ahead.

19             MS. SUTHERLAND:  We can go through them --

20             JUDGE MOLOTO:  Madam -- Mr. Lukic.

21             MR. LUKIC: [Interpretation] Given that it goes for different

22     persons, I don't want to expose my position regarding those persons.  In

23     light of my subsequent cross-examination, I believe that it would be

24     proper for the Prosecutor to ask specifically, name by name, whether the

25     witness knows any of those individuals.

Page 1938

 1             MS. SUTHERLAND:  Yes, Your Honour.  We can go page by page.  If

 2     we can start at page number 1.

 3             JUDGE MOLOTO:  Ma'am, why don't you ask this witness to tell you

 4     who else died in this incident before you put your certificates on the

 5     screen?

 6             MS. SUTHERLAND:  Your Honour, his --

 7             JUDGE MOLOTO:  That --

 8             MS. SUTHERLAND:  Sorry.

 9             JUDGE MOLOTO:  Yes?

10             MS. SUTHERLAND:  He's already showed us the document that he

11     created, which listed the 8 members that were killed and 15 members that

12     were wounded, and so it's my submission that he's already made us aware

13     of those members that were killed.

14             JUDGE MOLOTO:  Okay.

15             MS. SUTHERLAND:  If Your Honour wishes, I can take you back to

16     the document where he listed them.  Perhaps if we can bring that up onto

17     the screen.

18             JUDGE MOLOTO:  It's not necessary.  It's not necessary.  Thank

19     you.  Go ahead.

20             MS. SUTHERLAND:

21        Q.   Mr. Tesic, you can see on page 1 - if we can go to page 1 of this

22     document, of this exhibit - is that a person that to your knowledge was

23     killed on the 27th of December, 1993?

24        A.   The list that I made, under the heading "List of Members Killed,"

25     as well as the list of members injured, I took from the protocol of the

Page 1939

 1     medical centre of our own Guards Brigade, and there were some members of

 2     the Guards Brigade who were killed or wounded that I know personally.

 3     Others, I didn't know.  This certificate was issued for the purposes of

 4     exercising certain rights and benefitting from certain entitlements, and

 5     I have no particular comment on it.

 6             JUDGE MOLOTO:  Mr. Lukic, we have already seen the list of the

 7     deceased, according to what Madam Sutherland advised us.  What's your

 8     position?  Do you still insist on these people being shown and being

 9     testified to personally?

10             MR. LUKIC: [Interpretation] Here's the thing:  The document 65

11     ter 9073 consists of a number of certificates that are issued, I suppose,

12     to the families of dead army members so that they can benefit from

13     certain rights.  Now, this document is issued concerning a person said to

14     have been killed on the 12th of February, 1994.  I understand the first

15     document that Mr. Tesic made, a list of persons, but these certificates

16     are issued concerning unit members relating to some other incidents that

17     are not relevant.  I believe that this document cannot be introduced

18     through this witness because there has to be a link, as the Trial Chamber

19     demands, between all these documents and this witness.  And for the

20     purposes of the Prosecutor, I believe the prior document was quite

21     sufficient.  Or, to be more precise, it can be admitted as an MFI, and

22     then after my cross-examination, Your Honours will decide in which way to

23     admit it.

24             JUDGE MOLOTO:  May I ask you to be brief in your response and

25     please focus on the question.  The question is:  To the extent that the

Page 1940

 1     Prosecution wants to deal with the deceased and injured who are listed in

 2     the list that was made by the witness, do you insist on those individuals

 3     being called one by one on the screen?  I'm talking about the people on

 4     the list.

 5             MR. LUKIC: [Interpretation] No, Your Honour.

 6             JUDGE MOLOTO:  Thank you.

 7             MR. LUKIC: [Interpretation] Concerning the document ...

 8             MS. SUTHERLAND:  Thank you, Your Honour.  So can this exhibit be

 9     admitted in its -- with the exception of page 4, which deals with someone

10     being killed on another date other than the 27th of December, can all the

11     documents within this exhibit be admitted, please?

12             MR. LUKIC: [Interpretation] I have no objection.

13             JUDGE MOLOTO:  Those documents, except for that person who was

14     killed on another date, are admitted into evidence.  May they please be

15     given an exhibit number.

16             THE REGISTRAR:  For clarification, Your Honours, we're still

17     talking about 65 ter 09073, which was already given an exhibit number,

18     P362, under seal.

19             MS. SUTHERLAND:  Thank you.

20             JUDGE MOLOTO:  Right.  But then does that exhibit include that

21     person who was killed on a different date?  Isn't this person, Mladen

22     Stjepanovic, not that kind of person?

23             MS. SUTHERLAND:  He was -- no.  He was killed on the 27th of

24     December, Your Honour.  It's the person on page 4 of that document I

25     would seek not to tender -- have that, and that is Dragan Stjepanovic, as

Page 1941

 1     opposed to Mladen Stjepanovic.

 2             JUDGE MOLOTO:  Thank you very much.

 3             MS. SUTHERLAND:  If we could go to page 2, back to Mr. Galjak.

 4        Q.   Mr. Tesic, what is your understanding of -- the first paragraph

 5     under the word "Certificate," what does this mean?  In particular, that

 6     he was participating in a national defence operation.  What does that

 7     mean?

 8        A.   It's embarrassing to comment on documents written by other

 9     people.  How they termed it, "got killed in national defence actions" or

10     somehow or other, is something that I cannot explain.  All we can see

11     from this is that he was a member of a certain military postbox and that

12     he was involved in combat.  We know nothing else.

13             JUDGE MOLOTO:  Except that, according to the English translation,

14     what I see is that he -- they say he participated in the People's Defence

15     operation, not the National Defence operation.  I don't know what the

16     B/C/S says.  I don't understand B/C/S, but that's what the translation

17     says.  Does it make better sense to you if it's the People's Defence

18     operation and not the National Defence operation?

19             THE WITNESS: [Interpretation] Your Honour, I really couldn't say

20     what the author of this document wanted to say.  I can't explain his

21     choice of words or the weight he attached to certain words like

22     "people's" versus "national."

23             JUDGE MOLOTO:  Listen to my question.  Does the document make

24     better sense to you if in the place of the word "national" you read

25     "people's"?  And if it doesn't make sense, just say it doesn't make sense

Page 1942

 1     still.  That's all.

 2             THE WITNESS: [Interpretation] In my book, it's the same.

 3             JUDGE MOLOTO:  Thank you very much.

 4             Yes, Mr. Lukic.

 5             MR. LUKIC: [Interpretation] I just want to be precise.  In the

 6     B/C/S version, it says "Narodne Obrane," the People's Defence, and that's

 7     probably what the witness has read.

 8             THE WITNESS: [Interpretation] Yes.

 9             MR. LUKIC: [Interpretation] Thank you.

10             MS. SUTHERLAND:  Your Honour, may we move back into open session,

11     please.

12             JUDGE MOLOTO:  May the Chamber move back into open session.

13             MS. SUTHERLAND:  And may we have, again, Exhibit 08319.06,

14     please, with the ERN number --

15             JUDGE MOLOTO:  Let me just interrupt you, Madam Sutherland.

16     Could the document on the screen please be removed before we go into open

17     session.

18             MS. SUTHERLAND:  Would the Rule 65 ter number 0614- --

19                           [Open session]

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

21             JUDGE MOLOTO:  Thank you so much.

22             You're asking for?

23             MS. SUTHERLAND:  Rule 65 ter number 8319.06, but it's at ERN

24     number 0614-5558.

25        Q.   Mr. Tesic, you mentioned that Milan Popovic was wounded on the

Page 1943

 1     2nd of January, 1994.  What is your understanding, or what does it mean

 2     by securing a state border?

 3        A.   Every country is delimited by its own borders, so the state

 4     border is clearly defined and recognised under international regulations.

 5     I can't tell you exactly what this certificate means because I didn't

 6     write it myself.

 7        Q.   And I think you mentioned earlier, but where was Milan Popovic

 8     wounded?

 9        A.   Milan Popovic was wounded on the 2nd of January, on a position

10     held by the 2nd Motorised Battalion of the Guards Brigade just above the

11     town of Vogosca, in Republika Srpska.

12        Q.   Thank you.

13             MS. SUTHERLAND:  Your Honour, I would ask that document be

14     admitted.

15             JUDGE MOLOTO:  The document is admitted into evidence.  May it

16     please be given an exhibit number.

17             THE REGISTRAR:  That will be Exhibit P363, Your Honours.

18             JUDGE MOLOTO:  Thank you.

19             MS. SUTHERLAND:  Your Honour, I note the time.  Did you want to

20     take the break now or in a few moments?

21             JUDGE MOLOTO:  Are you going to be long with your next point?

22             MS. SUTHERLAND:  I want to move into closed session, so it may be

23     better to take the break now, Your Honour.

24             JUDGE MOLOTO:  Thank you.  We'll take the break now and come back

25     at half past 12.00.  Court adjourned.

Page 1944

 1                           --- Recess taken at 11.59 a.m.

 2                           --- On resuming at 12.30 p.m.

 3             JUDGE MOLOTO:  Yes, Madam Sutherland.

 4             MS. SUTHERLAND:  Your Honour, can I confirm we're in closed

 5     session?

 6             JUDGE MOLOTO:  Could we confirm whether we're in closed session?

 7             THE REGISTRAR:  We are in open session at the moment, Your

 8     Honours.

 9             MS. SUTHERLAND:  May we go into closed session, please, Your

10     Honour.

11             JUDGE MOLOTO:  May the Chamber please move into closed session.

12 [Closed session] [Confidentiality lifted by order of Trial Chamber I]

13  THE REGISTRAR:  Your Honours, we're in closed session.

14             JUDGE MOLOTO:  Thank you so much.

15             MS. SUTHERLAND:  Could I have Exhibit P353 on the screen, please.

16     May we go to page 12 of the Bosnian and page 8 of the English.

17        Q.   Mr. Tesic, this is an entry from the 6th of January, 1994, at

18     0630 hours, and it says there that all attacks should be taken with the

19     aim of coming to the plateau Zuc-Orlic.  What is the significance of the

20     plateau Zuc?

21        A.   From a military point of view, it was the dominant elevation in

22     this area.

23             MS. SUTHERLAND:  If we could go to entry number -- excuse me,

24     Your Honour.  If we could go to entry number 32, which is B/C/S pages 17

25     to 18 and English page 17.

Page 1945

 1        Q.   Mr. Tesic, it says at 1500 -- 1700 hours:  "Five soldiers and one

 2     officer, all from the 2nd Motorised Brigade, arrived from Belgrade."

 3     What was your understanding in relation to soldiers coming from Belgrade?

 4        A.   Just one correction first.  Not 2nd Motorised Brigade but the 2nd

 5     motorised battalion.  That was a battalion that was located there from

 6     mid-December until the dates indicated, and it was normal for a part of

 7     officers and troops working under contract to be replaced, and the

 8     officers decided that these troops should go to their original unit to

 9     resolve certain problems before coming back.

10        Q.   How often was this occurring, troops coming and going?

11        A.   Rarely.  Troops were rare because Vogosca is far from Belgrade

12     and we had to use a roundabout route rather than the road going via

13     Romanija mountain.  We went instead via Kadinaj [phoen] village.

14             MS. SUTHERLAND:  Could we go to entry number 33?  That's B/C/S

15     pages 18 to 19 and English page 19.

16        Q.   This is an entry for the 21st of January, 1994, at 2100.  Do you

17     see an entry there at 1030 hours:  "... soldiers of the 2nd Motorised

18     Battalion that were rotated were sent to Belgrade ..."?

19        A.   Yes, that's what's written, but it certainly does not relate to a

20     large number of troops.  Those were smaller groups of men, five to eight,

21     perhaps even ten.  I can't be sure.

22             MS. SUTHERLAND:  I've finished with that document for the moment.

23        Q.   Mr. Tesic, you earlier said that reporting went up the chain of

24     command.  Who drafted documents which were to be sent up the chain of

25     command?

Page 1946

 1        A.   As a rule, it would be operations officers.  The documents were

 2     signed by the most senior officer in command there.  For the brigade, it

 3     would be Lieutenant-Colonel Stojimirovic, and the documents were drafted

 4     by the operations officer.

 5        Q.   What, if anything, did you draft?

 6        A.   I don't know which documents you mean, but the documents you've

 7     shown me on the screen were drafted by me.  I said it was my handwriting,

 8     and I confirmed that I had written them.  Other documents must have been

 9     written by someone else.  If you want to show me some other documents, I

10     can try to indicate who exactly it was.

11        Q.   What do you recall drafting documents about?

12        A.   The documents that I wrote were, first of all, daily reports or

13     documents drafted perhaps on the orders of the commander of the Guards

14     Brigade that needed to be sent to other units.  Such documents would be

15     drafted either by me or other operations officer and then distributed

16     across units; that is, orders would come from commanders of superior

17     units, then ensuing orders would be drafted in our unit and distributed

18     lower down the chain of command.

19        Q.   And to your knowledge, were documents that you drafted sent to

20     Belgrade?

21        A.   Some of the documents you've shown me on the screen were sent to

22     Belgrade addressed to the operations centre of the Special Units Corps,

23     or, alternatively, to the chief of staff of the Guards Brigade who was

24     there, but that was done exclusively on the orders of the Commander of

25     the Guards Brigade, Lieutenant-Colonel Stojimirovic, who was in Vogosca,

Page 1947

 1     so that mutual communication existed and there were some orders that he

 2     issued to his own Chief of Staff in Belgrade.

 3             MS. SUTHERLAND:  Could we have Rule 65 ter number 09070 --

 4     actually, that's Exhibit P335 -- 355, I'm sorry.

 5        Q.   Mr. Tesic, did you author this document, the first document on

 6     the screen?

 7        A.   Yes.  This is my handwriting, and the signature is that of

 8     Lieutenant-Colonel Stojimirovic, the commander.

 9        Q.   And that document's dated the 2nd of January, going to the

10     Special Units Corps command for the attention of the Chief of Staff?

11        A.   No.  This was sent to the command of the Special Units Corps,

12     their operations centre, in fact.  Yes, probably the Chief of Staff.

13     That's written in parenthesis.

14        Q.   And what was that reporting?

15        A.   As we said earlier, concerning the wounding of a soldier of the

16     2nd Motorised Battalion, this concerns soldier Popovic.  It must be

17     "Milan" instead of "Milos."

18             MS. SUTHERLAND:  Could we go to the second page, please.

19        Q.   Did you author this document?

20        A.   Yes.  In the absence of the commander, I must have been given

21     authorisation to sign it, and it was sent to the operations centre of the

22     Special Units Corps, again, to the chief of staff.  This is just a report

23     that certain officers had arrived and they had become part of the unit,

24     that all activities were according to plan, and there were no losses, as

25     indicated.

Page 1948

 1             MS. SUTHERLAND:  Could we go to the next document.

 2        Q.   This is dated -- the previous document was dated the 4th of

 3     January.  This document is dated the 3rd of January.  Did you author this

 4     document?

 5        A.   Yes.  This is my handwriting, and it was signed by the Commander,

 6     Lieutenant-Colonel Stojimirovic.  It was addressed to the command of the

 7     Special Units Corps, the operations centre, along the same channel.

 8        Q.   And what is this reporting?

 9        A.   The same.  Soldier Milos Popovic from the 2nd Motorised

10     Battalion, that he was transferred to the Military Medical Academy.  In

11     the previous document, it was stated that he was transferred to the

12     Blazuj medical facility.  Here, it is reported that he was transferred to

13     the VMA, and we asked for somebody from the 2nd Motorised Brigade command

14     to visit the injured soldier.  Under 2, there must have been some

15     problems with the disbursement of payments, and this is what it deals

16     with.  Presumably, it was extorted out.

17        Q.   If I can take you to the next document, also dated the 5th of

18     January.  Did you author this document?

19        A.   I drafted this document.  This is my handwriting, and the

20     signature is that of the Guards Brigade commander, addressed to the

21     command of the Special Units Corps, to the operations centre, to the

22     chief of staff, and the content is clearly visible here.

23        Q.   Yes.  And this is a document that I took you to earlier in your

24     testimony, and the next page, also, we discussed earlier in your

25     testimony.

Page 1949

 1             MS. SUTHERLAND:  If we could go to the next page.

 2        Q.   That's also dated the 5th of January, 1994.

 3        A.   Yes.  This is also written by me, signed by Colonel Panic,

 4     Commander of the Special Units Corps, since we were in the same building.

 5             MS. SUTHERLAND:  Could we go to the next document, please, dated

 6     the 14th of January, 1994.

 7        Q.   Is this document authored by you?

 8        A.   No.  I did not draft this document --

 9        Q.   Do you know --

10        A.   -- so I couldn't comment on it.

11        Q.   Do you know who signed the document?

12        A.   If you could scroll down a bit.  It can't be seen.  I believe

13     that it was Lieutenant-Colonel Stojimirovic, as far as I can see, Guards

14     Brigade Commander.  Yes.

15             MS. SUTHERLAND:  If we can go to the next document, please.

16        Q.   This document seems to be undated.  Did you author this document?

17        A.   Yes, I did draft it.  It must have been registered in our

18     logbook.  This is another document which is maintained at the office.  I

19     drafted it, and it is signed by the Lieutenant-Colonel Stojimirovic,

20     Commander, and it's addressed to the command of the Special Units Corps,

21     to the operations officer on duty.

22        Q.   And this is in relation to Colonel Panic leaving for Belgrade and

23     Chief of Staff Petkovic arriving in Vogosca on the 16th of January -- no,

24     I'm sorry.  It doesn't say Vogosca.  It says he's arriving.  Where was he

25     arriving?

Page 1950

 1        A.   To Vogosca.  So the commander of the Special Units Corps left,

 2     and his replacement came here, and the dates are as indicated here.

 3             MS. SUTHERLAND:  Could we go to the next document, please.

 4        Q.   Is this document authored by you?

 5        A.   No, I did not draft this.  This is not my handwriting.  It is

 6     signed by Lieutenant-Colonel Stojimirovic, Guards Brigade Commander.

 7        Q.   And the following document, is this document written by you?

 8        A.   No, this is not my handwriting.  The other things can be seen

 9     from the documents.

10        Q.   Who signed the document?

11        A.   The document was signed by Colonel Ljubisa Stojimirovic, Guards

12     Brigade Commander.

13        Q.   And you recognise that as his signature?

14        A.   Yes.  Yes, yes.  This is his signature.

15             MS. SUTHERLAND:  Then could we go to the last page of the

16     document.

17        Q.   Again, is this authored by you?

18        A.   No, this is not my handwriting.

19        Q.   Do you know who signed this document?

20        A.   Signed by Colonel Ljubisa Stojimirovic, addressed to the

21     operations centre of the Special Units Corps of the VJ on the date as

22     indicated.

23        Q.   Now, all the documents that we have -- we have just gone through

24     were all sent to the VJ Special Units Corps command; is that correct?

25     The operations centre -- the command and/or the operations centre of the

Page 1951

 1     Special Corps Units -- Special Units Corps.

 2        A.   They were sent to the operations centre of the Special Units

 3     Corps.  Some of the documents were also sent for the information of the

 4     chief of staff.

 5             MS. SUTHERLAND:  Your Honour, I tender that document in full.

 6             JUDGE MOLOTO:  It's already admitted into evidence.

 7             MS. SUTHERLAND:  I'm sorry, Your Honour.

 8        Q.   Mr. Tesic, earlier you said that Lieutenant-Colonel Stojimirovic

 9     was your commanding superior officer.  What rank did he hold when the

10     formation left Belgrade on the 30th of December, 1993?

11        A.   Then he was lieutenant-colonel, and as you can see from the

12     documents that later on - it jogged my memory - he then was promoted to

13     the rank of colonel, through regular procedure.

14        Q.   Did you see any paperwork in relation to his promotion when you

15     were in Vogosca?

16        A.   I did not know that then, neither did I see those documents.  I

17     do not remember that, and the Prosecution lawyer showed me some of those

18     documents, and that jogged my memory, and then I stated that that was

19     correct, yes.

20             MS. SUTHERLAND:  Could I have Rule 65 ter number 09046 on the

21     screen, please.

22        Q.   Mr. Tesic, is this the document that you were just referring to?

23        A.   In the Serbian language, it is a very poor copy.  It is very

24     difficult for me to assess whether this is that document.

25             JUDGE MOLOTO:  Yes, Mr. Lukic.

Page 1952

 1             MR. LUKIC: [Interpretation] I think it would be useful for the

 2     witness to see a hard copy of the document, which really is much better

 3     than this on the screen.

 4             MS. SUTHERLAND:  I agree, Your Honour.

 5             JUDGE MOLOTO:  Mr. Usher, would you please show the document to

 6     Prosecution counsel before you pass it on to the witness?

 7             MS. SUTHERLAND:  If you can give that back to Mr. Lukic and give

 8     this one to -- unmarked copy.  Sorry, give that back to Mr. Lukic.  Thank

 9     you.  And show -- sorry.  Mr. Usher, could you show Mr. Lukic that

10     document before you show it to the witness.

11        Q.   What is this document?

12        A.   This is your typical order of the chief of staff -- chief of the

13     General Staff on the promotion of officers, lieutenant-colonels, into the

14     rank of colonel.

15        Q.   Who is the -- and so who is the author of that document?

16        A.   It wasn't the chief of the General Staff.  He has his staff,

17     personnel, who deal with promotions, drafting documents.  It could be the

18     personnel department of the General Staff.

19             JUDGE MOLOTO:  Keep scrolling down, please.  Let's see the end of

20     that page in the English.  Thank you.  Does the document continue onto

21     the next page?

22             MS. SUTHERLAND:  Your Honour, it's a one-page document.  It's a

23     one-page document in B/C/S.

24        Q.   Whose name is at the bottom of the document, Mr. Tesic?

25        A.   The bottom of the document I read now:  "Chief of the General

Page 1953

 1     Staff of the Yugoslav Army, Colonel-General Momcilo Perisic," by his own

 2     hand.

 3        Q.   And who is being promoted in this document?

 4        A.   By this document, from the rank of lieutenant-colonel to the

 5     infantry colonel rank, Ljubisa Stojimirovic, Commander of the Guards

 6     Motorised Brigade, is being promoted.

 7        Q.   And when is it effective from?

 8        A.   It is written here 31st of December, 1993.

 9        Q.   And what is the date of this document?

10        A.   20th of January, 1994, 20 days after this fact.

11        Q.   The translation -- sorry, the transcript says the -- oh, the

12     20th, I'm sorry.

13             MS. SUTHERLAND:  If we can go to the second page of the document

14     in e-court.

15        Q.   Mr. Tesic, what is this document?

16        A.   The document in the Serbian language has not been changed.  Oh,

17     thanks.  Could you enlarge it a bit, please?

18             This document comes from the Special Units Corps, Commander Panic

19     Miodrag, informing officers in the field that Colonel --

20     Lieutenant-Colonel Ljubisa Stojimirovic has been promoted to the rank of

21     colonel and extends his congratulations and extends best wishes for his

22     further work.

23             MS. SUTHERLAND:  Your Honour, I seek to tender that document into

24     evidence.

25             JUDGE MOLOTO:  The document is admitted into evidence.  May it

Page 1954

 1     please be given an exhibit number.

 2             THE REGISTRAR:  Your Honours, that will be Exhibit P364.

 3             JUDGE MOLOTO:  Thank you very much.

 4             MS. SUTHERLAND:  And there's no need for that document to be

 5     under seal.

 6             JUDGE MOLOTO:  And is there a need for us to still stay in closed

 7     session?

 8             MS. SUTHERLAND:  Yes, Your Honour, because I'm just about to go

 9     to another document that is protected.

10             JUDGE MOLOTO:  Thank you.

11             MS. SUTHERLAND:

12        Q.   Before we go to the documents, you mentioned earlier in your

13     testimony, Mr. Tesic, that there were elements of the Guards Brigade

14     units in Bosnia and that other units also came into Bosnia, and you

15     mentioned a moment ago that there was some rotation; is that correct?

16        A.   Not rotation.  It's replacement of troops within the ranks of the

17     unit that was situated at Vogosca.

18             MS. SUTHERLAND:  Could I have Rule 65 ter number 09068 on the

19     screen, please.

20        Q.   Looking at this first document, who's the author of this and

21     where was it sent?  This document is dated the 15th of January.

22        A.   This is not my handwriting.  The author -- well, the document was

23     signed by Colonel Panic, Commander of Special Units Corps.  It is

24     addressed to the Anti-Aircraft Defence Commander, Lieutenant-Colonel

25     Lesanovic, and I don't see any reason to comment this content since it is

Page 1955

 1     self-evident.

 2        Q.   Do you recognise Mr. -- Colonel Panic's signature?

 3        A.   Yes, this is his signature.

 4             MS. SUTHERLAND:  Could we go to the next page, please, that is,

 5     page 3 of the English -- oh, I'm sorry.

 6             Your Honour, may I tender that document?  I'm sorry.

 7             JUDGE MOLOTO:  The document is admitted into evidence.  May it

 8     please be given an exhibit number.

 9             THE REGISTRAR:  That will be Exhibit P365, Your Honours.

10             JUDGE MOLOTO:  Thank you.

11             MS. SUTHERLAND:  Could I please have Exhibit number 09071.  And

12     may that be under seal, please, Exhibit P365.

13             JUDGE MOLOTO:  Okay.  Exhibit P365 is under seal.

14             MS. SUTHERLAND:  Could we go down to the bottom of the document

15     in the B/C/S, please.

16        Q.   Mr. Tesic, this is a document dated the 10th of January, 1994.

17     Who is the document from, and who is the document to?

18        A.   This document, it is true that it bears the date 10th of January.

19     It can't be seen well towards the bottom, but I do believe that it was

20     signed by Lieutenant-Colonel Stojimirovic.  It is addressed to the Chief

21     of Brigade Staff, Lieutenant-Colonel Miladinovic.  This document deals

22     with regular rotation of men from certain units, a total of 23 to 25 men.

23             MS. SUTHERLAND:  Could we go to the next page of the document,

24     please, the next page of this exhibit, which is another document.  And

25     this is page 3 of the English and page 2 of the B/C/S.

Page 1956

 1        Q.   Mr. Tesic, this is a document dated the 11th of January, 1994.

 2     Who is it from, and who is it to?

 3        A.   I don't know the handwriting.  I did not draft it.  The document

 4     is sent by Commander Stojimirovic to the Chief of Staff,

 5     Lieutenant-Colonel Miladinovic.

 6        Q.   And is this document -- is this document in relation -- what is

 7     this document in relation to as far as troops are concerned?

 8        A.   Under item 1, it refers to the sending of some officers from the

 9     special purpose military police unit to be sent to carry out some of the

10     tasks.  Under 2, it discusses the rotation of the Praga crew.  But since

11     they were not part of our unit, I cannot comment on that.

12             MS. SUTHERLAND:  May we go to the next page of this exhibit, page

13     3 in the B/C/S and page 5 of the English.  I'm sorry, page -- it's page 4

14     of the English.

15             If we could go to the next document.  I do apologise.  It's on

16     page 6 of the B/C/S and -- page 3 of the B/C/S and page 6 of the English.

17        Q.   Mr. Tesic, who is that document from and who is it to, and what

18     is it relating to?

19        A.   The document is signed by Lieutenant-Colonel Stojimirovic,

20     addressed to the Chief of Brigade Staff, Lieutenant-Colonel Miladinovic,

21     and it concerns the replenishment of our troops.

22        Q.   And whereabouts -- from which unit are these troops coming from?

23        A.   From the composition of the Guards Brigade, the rear battalion or

24     logistics battalion.  That's under item 1, under item 2, also, and item

25     3, from the composition of the corps.

Page 1957

 1             MS. SUTHERLAND:  Could we go to the next page, please.  That's

 2     page 4 of the B/C/S and page 7, I think, of the English.

 3        Q.   That's dated the 18th of January, 1994.  Mr. Tesic, again, who's

 4     that document from, and who is it going to, and what is it in relation

 5     to?

 6        A.   This is not my handwriting.  The document was signed by Commander

 7     Lieutenant-Colonel Stojimirovic, Commander of the Guards Brigade, sent to

 8     the Chief of Brigade Staff, Lieutenant-Colonel Miladinovic, and concerns

 9     the rotation of the same group of people, in effect, but of course, it is

10     up to you to ask questions and for me to answer.  It says here that on

11     the 18th of January it is requested for them to be sent, and on the 20th

12     they are supposed to go back, and this specifies, also, the route they

13     should be taking.

14        Q.   Do you remember -- we've gone over a number of documents now.  Do

15     you remember these troops being rotated in and out?

16        A.   Yes, but not in the sense of them being sent and not returning.

17     There were cases where personnel would return to their units after two or

18     three days, after they've resolved some of their issues, and there were

19     cases of the same thing happening in the 2nd Motorised Battalion, which

20     had the most men.

21        Q.   You mean if they went back to Belgrade to sort out their

22     problems, after one or two days they would then return to Vogosca?

23        A.   Yes, that's one of the methods of replacement.  The other would

24     be for personnel to come from Belgrade to Vogosca and for a number of

25     them to be sent from Vogosca to Belgrade for rest and recreation.

Page 1958

 1             MS. SUTHERLAND:  Your Honour, I would seek to tender this

 2     document.  There are a number of other documents -- there's a few more

 3     pages, which I can take the witness to and get him to comment whether he

 4     is familiar with the person that issued this document.

 5             JUDGE MOLOTO:  Do you want the entire document tendered?

 6             MS. SUTHERLAND:  Yes, I seek to tender the entire document.

 7             JUDGE MOLOTO:  The document is admitted into evidence.  May it

 8     please be given an exhibit number.

 9             THE REGISTRAR:  Your Honours, that will be Exhibit P366.

10             JUDGE MOLOTO:  Thank you so much.

11             Yes, Madam Sutherland.

12             MS. SUTHERLAND:  Under seal, I'm sorry, Your Honour.

13             JUDGE MOLOTO:  It will be under seal.

14             MS. SUTHERLAND:  Your Honour, may we go into open session,

15     please.

16             JUDGE MOLOTO:  May the Chamber please move into open session.

17                           [Open session]

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

19             JUDGE MOLOTO:  Thank you so much.

20             Yes, Madam Sutherland.

21             MS. SUTHERLAND:  Could I have Rule 65 ter number 08811 on the

22     screen, please.

23        Q.   Mr. Tesic, what is this document?

24        A.   This is an order issued by the commander addressed to the Chief

25     of Staff of the Special Units Corps.  I wouldn't comment the content of

Page 1959

 1     this document because I did not draft it.

 2        Q.   This document's dated the 8th of January, 1994, and it's an order

 3     issued by the commander of the Special Units Corps; is that correct?

 4        A.   Yes.

 5        Q.   In there, he's ordering an officer from the 63rd Parachute

 6     Brigade to supply some rifles with laser sights; is that correct?

 7        A.   Yes, this is what is written here.

 8        Q.   Is this -- is this an order that would be in the -- included in

 9     the war diary?

10        A.   It may be.  I didn't maintain the war diary of the Guards

11     Brigade, but this is the Special Units Corps.

12             MS. SUTHERLAND:  Your Honour, I seek to tender that document.

13             JUDGE MOLOTO:  That document is admitted into evidence.  May it

14     please be given an exhibit number.

15             THE REGISTRAR:  Your Honours, that will be Exhibit P367.

16             JUDGE MOLOTO:  Thank you so much.

17             MS. SUTHERLAND:  Your Honour, may we go into closed session

18     again, please.

19             JUDGE MOLOTO:  May the Chamber please move into closed session.

20 [Closed session] [Confidentiality lifted by order of Trial Chamber I]

21  THE REGISTRAR:  Your Honours, we're in closed session.

22             JUDGE MOLOTO:  Thank you so much.

23             Yes, Madam Sutherland.

24        Q.   Mr. Tesic, you testified earlier that you -- your unit, or you

25     and parts of your unit left on the 30th or 31st of January, 1994; is that

Page 1960

 1     correct?

 2        A.   The unit I was a member of set off to Vogosca on the 30th of

 3     December, 1993, from Belgrade.

 4        Q.   Who ordered your return to Belgrade?

 5        A.   My commander gave me orders, and the order to the Guards Brigade

 6     came probably from the superior command.  That's the Special Units Corps.

 7             MS. SUTHERLAND:  May we have P353 on the screen again.  That's

 8     the war diary.  If we could go to entry number 38, which is B/C/S pages

 9     21 and 22 and page 23 of the English.

10        Q.   Mr. Tesic, is this -- does this make reference to the return of

11     the Guards Brigade, this entry of the 26th of January, 1994?

12        A.   This is my handwriting.  I made this entry, and the fourth item

13     is what you asked, the beginning of our return to Belgrade.

14        Q.   Thank you.

15             MS. SUTHERLAND:  If we could have Rule 65 ter number 09074 on the

16     screen, please.  If we could go to page 3 of the English, which would be

17     page 2 of the B/C/S.  Yes.

18        Q.   Mr. Tesic, does that order reflect what is referred to in item 38

19     of the war diary?  And perhaps you would like to see a --

20        A.   The copy is so bad that it doesn't reflect anything.

21             MS. SUTHERLAND:  Mr. Usher, if you can just show it to the

22     Defence before you give it to the witness.  Sorry.  Just one moment.

23        Q.   Mr. Tesic, this is a document dated the 26th of January, 1994.

24        A.   Yes.

25        Q.   Who's the document from, and who's it going to?

Page 1961

 1        A.   Probably, because I can't see, it should be the commander of the

 2     Special Units Corps, and the document is addressed to Colonel Petkovic,

 3     Chief of Staff of the Special Units Corps of the Army of Yugoslavia.

 4        Q.   And is this the order that is referred to in the war diary at

 5     entry number 38 in regard to pulling out of the troops?

 6        A.   I think so.

 7        Q.   And in the first paragraph, does it say who approved the pull-out

 8     of the troops?

 9        A.   Yes, it says who approved it.

10        Q.   At the fourth star, do you see where it says, "Pay attention to

11     the presence of UNPROFOR"?

12        A.   That's exactly what it says.

13        Q.   What do you understand that to mean?

14        A.   I could not comment because I didn't write this.  I couldn't

15     really say anything.

16        Q.   Do you recall --

17             MS. SUTHERLAND:  Just one moment, please, Your Honour.

18        Q.   Mr. Tesic, was there a concern in your unit as to UNPROFOR seeing

19     VJ troops in Bosnia?

20        A.   Well, I didn't feel anything of the kind.  But when I was leading

21     the column, the weather was very inclement on Mount Romanija, and I came

22     across some of their vehicles on their way from Han Pijesak to Sokolac,

23     and I was going in the other direction towards Belgrade, towards Serbia.

24     I didn't notice anything, nor did we have any problems with either

25     column.

Page 1962

 1        Q.   Were you --

 2        A.   I don't know what the writer meant to say with this.

 3        Q.   Was it common knowledge that there were VJ troops in Bosnia?

 4        A.   As far as I and my unit were concerned, we did not hide from

 5     anyone, and we couldn't hide even if we wanted to.

 6        Q.   Given General Milovanovic's concern in relation to the document

 7     we looked at earlier --

 8             JUDGE MOLOTO:  Yes, Mr. Lukic.

 9             MR. LUKIC: [Interpretation] Now the witness is asked to speculate

10     as to what Colonel Milovanovic meant when he was writing the document.

11             JUDGE MOLOTO:  Madam Sutherland?

12             MS. SUTHERLAND:  One moment, Your Honour.

13                           [Prosecution counsel confer]

14             MS. SUTHERLAND:  Your Honour, it's not speculating about

15     anything.  The document was quite explicit in what it said.  We can bring

16     the document back up on the screen.

17             JUDGE MOLOTO:  Well, your question was incomplete, so I'm not

18     able to say whether it's speculation -- you're inviting speculation or

19     not.

20             Yes, Mr. Lukic.

21             MR. LUKIC: [Interpretation] I think this witness was very

22     explicit.  If the Prosecutor wants things to be more precise, maybe she

23     can ask about the particular period, line 7 -- sorry, line 15 on page 67.

24             JUDGE MOLOTO:  I see.  Was that what you were reacting to,

25     Mr. Lukic?  Because you stood up when the question at line 18 was being

Page 1963

 1     asked, first to General Milovanovic, not line 16.

 2             MR. LUKIC: [Interpretation] Well, the two are directly linked.

 3     But my original objection concerned what General Milovanovic wrote in

 4     that document.  The witness is asked to explain what General Milovanovic

 5     meant in this document and whether it was common knowledge, et cetera.

 6             JUDGE MOLOTO:  Then maybe we'll just see what the document says

 7     and take what the document says because ...

 8             MS. SUTHERLAND:  Yes, Your Honour.  If we could have Exhibit P358

 9     on the screen, please.

10             JUDGE MOLOTO:  Are you done with this one at this stage, or are

11     you still going to come back to it, 09074?

12             MS. SUTHERLAND:  I wish to come back to it, Your Honour.

13             JUDGE MOLOTO:  Thank you.

14             MS. SUTHERLAND:

15        Q.   Mr. Tesic, this is an order by Milovanovic on the 25th of

16     December, 1993.  Is he expressly stating in this document that

17     "commanding officers and duty officers have been using the term 'Yugoslav

18     Army' in their regular reports and telephone communications," and that

19     "in order to protect the confidentiality and other measures of activities

20     that we have been undertaking," he forbids the use or any reference in

21     regular and telephone communications to the term "Yugoslav Army units"?

22             JUDGE MOLOTO:  We have seen that now.  What do you want from the

23     witness?

24             MS. SUTHERLAND:

25        Q.   In relation to Milovanovic's express order not to -- well, his

Page 1964

 1     express order that the VJ must be kept confidential, was this -- I just

 2     put it to you:  Was the presence of the VJ a secret?

 3        A.   What Mr. Milovanovic is writing here and using the term "Army of

 4     Yugoslavia," that relates to communication between units.  But you must

 5     take into account that we belonged to someone.  We have families.  We

 6     have friends.  We have children.  All of them knew that we're there.

 7     It's difficult to hide something like that.  Whether it was publicised or

 8     not, announced or not, I really couldn't say.  It's very difficult to

 9     hide our presence there.  It was difficult to hide the deaths of the

10     members of the 72nd Brigade.  It was talked about.  It was written in the

11     paper about.  There were obituaries published.  So I don't really

12     understand the reason for this degree of confidentiality, if we all know

13     that we had been there.  That's all I can say.

14        Q.   But do you agree that the presence of the VJ in Bosnia was kept a

15     secret by both the VJ command and the VRS?

16        A.   Like every document has its own degree of confidentiality, in the

17     same way every activity, every movement, has its own degree of

18     confidentiality.  It is up to the superior officer to decide on these

19     matters.

20        Q.   You knew that the JNA had to withdraw from Bosnia in May 1992,

21     did you not?

22        A.   I wouldn't be sure.

23             JUDGE MOLOTO:  Yes, Mr. Lukic.

24             MR. LUKIC: [Interpretation] I have the impression that this is

25     cross-examination because the witness is being led to provide a certain

Page 1965

 1     answer.

 2             JUDGE MOLOTO:  Madam Sutherland.

 3                           [Prosecution counsel confer]

 4             MS. SUTHERLAND:  Your Honour, we're simply putting our case to

 5     the witness.

 6             JUDGE MOLOTO:  Sure.  He's your witness.  You are not supposed to

 7     cross-examine him.  You're supposed to get information from him.  He has

 8     told you in a very lengthy answer that he does not understand why there's

 9     confidentiality because it was known that they were there.  People were

10     dying, obituaries were being made, and people were buried, and everything

11     was happening, and he doesn't understand why this confidentiality.  And

12     you don't have a case to put to your witness.  You have your witness to

13     put your case to the Court through your witness.

14             MS. SUTHERLAND:  I'll move on, Your Honour.

15             JUDGE MOLOTO:  Please do.

16             MS. SUTHERLAND:  If we could go back to 09074, if we could go to

17     the first document, which is on the screen.

18        Q.   Now, Mr. Tesic, we were earlier talking about the rotation of

19     troops.  This is a document dated the 23rd of January.  Who is it signed

20     by?

21             MS. SUTHERLAND:  If we could go to the bottom of the document, of

22     the B/C/S.

23             THE WITNESS: [Interpretation] This document was probably signed

24     by Colonel Branko Petkovic, Chief of Staff of the Special Units Corps.  I

25     say "probably" because I didn't often see documents signed by him, and I

Page 1966

 1     can't really recognise the signature.

 2             MS. SUTHERLAND:

 3        Q.   And those initials that we see there, "LJS/LJS," what does

 4     that -- what does that mean?

 5        A.   It makes me think of Ljubisa Stojimirovic, and the handwriting is

 6     also familiar, but I can't be 100 per cent sure that it's his.

 7        Q.   And in that document, is he asking for between 40 and 50 soldiers

 8     of the 63rd Parachute Brigade to be sent to Vogosca?

 9        A.   That's what we can read here.

10        Q.   And in paragraph 6, does he make reference to the VJ army?

11        A.   Item 6?  No.  He only mentions Colonel Petkovic, if he means the

12     Chief of Staff of the corps.

13             MS. SUTHERLAND:  Sorry.  If we could go to page 6 of the English

14     translation.  It's the -- it's a document dated the 28th of January,

15     1994.  It's ERN page 0633-1151.

16        Q.   Mr. Tesic, who is this document by -- from, and who's it going

17     to?

18        A.   From the heading, we see that it was registered in military

19     postbox 4795, written on the 28th of January, 1994.  I can't see well.

20     It's probably to all units, and it concerns the pull-out of units from

21     Vogosca.

22             MS. SUTHERLAND:  Your Honour, I seek to tender that document.

23             JUDGE MOLOTO:  The document is admitted into evidence.  May it

24     please be given an exhibit number.

25             THE REGISTRAR:  That will be Exhibit P368, Your Honours.

Page 1967

 1             JUDGE MOLOTO:  Thank you so much.

 2             MS. SUTHERLAND:

 3        Q.   Mr. Tesic, we can see a reference there to Pancir-2.  What is

 4     your understanding of that reference there?

 5        A.   Nothing particular, apart from what we've read, that it's a name

 6     for that operation, that activity, whatever they called it.  I wasn't

 7     involved in that, I didn't write this, and I have nothing specific to say

 8     about it.

 9             MS. SUTHERLAND:  One moment, Your Honour.

10                           [Prosecution counsel confer]

11             MS. SUTHERLAND:  Your Honour, I note the time.

12             JUDGE MOLOTO:  Is that convenient?

13             MS. SUTHERLAND:  Yes, Your Honour.

14             JUDGE MOLOTO:  May we please move into open session.

15             MS. SUTHERLAND:  And may Exhibit P368 be put under seal, which

16     was the last exhibit, Your Honour.

17                           [Open session]

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

19             JUDGE MOLOTO:  Thank you very much.  And may Exhibit P368 be

20     under seal, please.

21             Sir, once again, just to remind you, we haven't finished with you

22     yet.  You'll have to come back tomorrow morning at 9.00.  Once again, I'd

23     remind you not to talk about the case with anybody, not even your

24     counsel.  Thank you very much.

25             Court adjourned until 9.00 tomorrow morning, Courtroom II.  Court

Page 1968

 1     adjourned.

 2                           --- Whereupon the hearing adjourned at 1.46 p.m.,

 3                           to be reconvened on Tuesday, the 25th day of

 4                           November, 2008, at 9.00 a.m.

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