081210ED

Page 29466

1 [In English] I would be surprised if there are questions for the other

2 Defence teams, none, in fact. Mr. Vanderpuye, he's all yours.

3 MR. VANDERPUYE: Thank you, Mr. President.

4 JUDGE AGIUS: And one moment.

5 [Trial Chamber and registrar confer]

6 JUDGE AGIUS: Yes, Mr. Vanderpuye. Please go ahead.

7 MR. VANDERPUYE: Thank you, Mr. President.

8 Cross-examination by Mr. Vanderpuye:

9 Q. Good afternoon to you, sir. My name is Kweku Vanderpuye, and on

10 behalf of the Prosecution I will --

11 A. Good afternoon.

12 Q. -- I will put some questions to you in relation to your

13 statement. Now, as I understand it you gave a statement to the -- to the

14 Defence of General Miletic on the 30th of May, 2008. Is that right?

15 A. Yes, yes.

16 Q. Okay, and it appears that you gave an interview to General

17 Miletic's Defence attorney, Mr. Petrusic. Is that right as well?

18 A. Yes.

19 Q. Okay. And prior to giving that statement on the 30th of May,

20 2008, had you met with the Defence of General Miletic or anybody

21 representing that Defence?

22 A. In 2007, in the second half of that year, I met Counsel Petrusic,

23 and he asked me whether I wished to make a statement concerning this

24 matter. I agreed, and that was all we said during that conversation. We

25 didn't say anything else.

Page 29467

1 Q. Okay. So you -- in the second half of 2007, you mean, I guess,

2 sometime between -- well, sometime after June of that year, is that

3 right?

4 A. Yes, yes.

5 Q. Okay. And you can't be more specific than that, that's fair to

6 say, right?

7 A. No, I can't. He only asked me whether I could make a statement

8 concerning that birthday party. I told him I could and that was the end

9 of our conversation, except that we agreed that we would talk again at a

10 later date, which we did.

11 Q. Okay. Well, first I just want to get clear that you can't be

12 more specific in terms of a date of this conversation you had with

13 Mr. Petrusic than it was in the second half of 2007. You can't be more

14 specific than that, month, season?

15 A. It was certainly in the summer. That's all I can say. Our

16 conversation was brief.

17 Q. And who brought up the issue of the -- well, let me, before I ask

18 you this question, let me ask you: Did you speak to anybody from the

19 Defence prior to that, prior to this summertime conversation with

20 Mr. Petrusic?

21 A. No.

22 Q. Okay. And did you speak to anybody close to General Miletic

23 prior to that, such as, well, General Miletic, his wife, his son, his

24 daughter about this specific party, just so we are clear, before you met

25 Mr. Petrusic in the summer of 2007?

Page 29468

1 A. No.

2 Q. All right. When you met with Mr. Petrusic in the summer of 2007,

3 as you indicated, the conversation was very brief, but who brought up the

4 question of this party at that conversation?

5 A. Counsel Petrusic called me, I came to his office, the

6 conversation was not longer than 5 minutes. We agreed to talk later. It

7 was only a preliminary conversation.

8 Q. I understand that, but who brought that up? Did he ask you, for

9 example, Can you tell me a little bit about what you remember of July

10 1995. Or did he say something more directed, such as, There was a party

11 in July 1995, can you tell me about whether you were there or what you

12 know about it. Can you tell us who brought up this whole idea, this

13 topic?

14 A. He asked me the following: Do you remember Maja's 18th birthday

15 party. I told him I did. He said, if it becomes necessary for you to

16 make a statement or to testify, do you agree. And I agreed in principle.

17 And that was all.

18 Q. All right. So at that time there were no details concerning the

19 party discussed at all?

20 A. No, no.

21 Q. So at that time you never mentioned the date of the party to

22 Mr. Petrusic or the time or the other guests, right?

23 A. No, I didn't.

24 Q. The next time you met with Mr. Petrusic was when?

25 A. I think it was the second half of March, this year.

Page 29469

1 Q. All right. Before I get to that meeting, let me just ask one

2 other question about the one in 2007 in the summer. That lasted 5

3 minutes, you said. Now, when Mr. Petrusic asked you about whether you

4 were at the party, you were able to remember immediately that you were

5 there; is that right?

6 A. Yes.

7 Q. Okay. And you hadn't spoken to anybody about that party, well,

8 in how long?

9 A. Except with my family, ever since that party took place until the

10 time I talked about it to Mr. Petrusic, I didn't speak about the party

11 with anyone except my family members of my recollections of that day and

12 so on.

13 Q. All right. And how long ago was that -- how long was that before

14 you met Mr. Petrusic? When was the last time you spoke about this party

15 with your family members before you met Mr. Petrusic?

16 A. Well, maybe a year.

17 Q. Do you remember what the occasion was that you spoke about it a

18 year before you met Mr. Petrusic?

19 A. I couldn't really recall that. But, at any rate, that event was

20 mentioned in various cases; for instance, when my children's birthdays

21 came up. But at any rate, we would talk about this birthday on such

22 occasions.

23 Q. All right. You met with Mr. Petrusic in the second half of March

24 of 2008. That's true, right?

25 A. Yes.

Page 29470

1 Q. Okay. And can you remember the specific date that you met with

2 him?

3 A. No.

4 Q. And did you meet with him in his office or someplace else?

5 A. Yes, in his office.

6 Q. Okay. And on that occasion did you speak to him for more than

7 five minutes?

8 A. Longer than that.

9 Q. And was it on that occasion that you discussed with him some of

10 the details concerning what is recounted in your statement concerning the

11 events of July 1995, the party in particular?

12 A. Only about this feast and perhaps some inconsequential talk about

13 this topic but that conversation may have lasted half an hour, not more

14 than that.

15 Q. All right. On that particular date, you didn't give him a

16 statement, right? You didn't sign any statement or anything like that?

17 A. No -- yes, yes.

18 JUDGE AGIUS: Let's have it clear, because "no, no, yes, yes," in

19 a few months' time, might confuse us. So what's your answer to the

20 question?

21 THE WITNESS: [Interpretation] In the second half of March, I came

22 to Mr. Petrusic for a preliminary discussion about the statement that I

23 was to provide. I don't know whether this suffices by way of an

24 explanation.

25 MR. VANDERPUYE:

Page 29471

1 Q. You didn't sign any statement on that occasion?

2 A. No.

3 Q. All right. Now, when you spoke with Mr. Petrusic on that

4 occasion, I take it you provided him with some details concerning this

5 party?

6 A. Yes. Listed in my statement, described in my statement, not more

7 than that.

8 Q. All right. And at that time he wrote down what you told him,

9 right?

10 A. I couldn't recall. It's possible that he did make some notes,

11 but I am not sure. I really can't recall.

12 Q. But was he the only person there at the time that you had this

13 meeting or were there other people there?

14 A. We were alone.

15 Q. And the next time you met with him, was that on the 30th of May,

16 2008?

17 A. Yes.

18 Q. And did you give him a separate -- well, did you go over the same

19 party again with him on that day?

20 A. I didn't talk. We started drafting the statement. If you

21 consider that a discussion or a conversation, then we did. We actually

22 talked and then Mr. Petrusic started taking down the statement. I, in

23 other words, started giving the statement.

24 Q. All right.

25 [Prosecution Counsel Confer]

Page 29472

1 MR. VANDERPUYE:

2 Q. Let me just ask you, sir, between the time -- well, you consider

3 yourself a close friend of General Miletic, obviously, very close family

4 friend, right?

5 A. Yes.

6 Q. All right. And you, of course, remember when it was that he was

7 transferred to The Hague in relation to the charges in this case, right?

8 A. Yes.

9 Q. Okay. And when was that, to the best of your recollection?

10 A. As far as I can recall, on the 28th of February, and I forgot the

11 year. But I remember the date, the 28th of February, and I don't think

12 that the year is at issue here.

13 Q. Well, between the time that he was transferred to The Hague in

14 2005 and 2007, that you met with Mr. Petrusic, and even today, have you

15 spoken to General Miletic about this particular party?

16 A. No.

17 THE INTERPRETER: Interpreter's note: Could the other microphone

18 for the witness please be switched on.

19 JUDGE AGIUS: Could the usher please help him. We need your

20 other -- well, they are both switched on, from -- at least what I can

21 see. Yes. No, no, no, don't bother about it. Let's proceed, thank you.

22 MR. VANDERPUYE:

23 Q. Have you spoken to him about anything in relation to this case

24 since then?

25 A. You mean since his arrival in The Hague? Well, of course, we've

Page 29473

1 spoken. The first thing we discussed was his health, then the length of

2 the trial, the length of the Defence case, nothing more than that.

3 Because I, as his good friend, am first and foremost interested in his

4 health. That's my concern. And every time we saw each other, I would

5 always ask him that first. And in the past, as far as his professional

6 life is concerned, we never discussed it. Our professions are different,

7 and to tell you the truth, I was not really interested in the military

8 segment of his life --

9 Q. Well, you were --

10 A. -- in particular.

11 Q. Well, you as his good friend, I am sure, and I credit that you

12 are interested in his health, but I would imagine that you would also be

13 interested to know what he's charged with. And you might even be

14 interested to know whether or not there is a case against him and what

15 the case is about. That's fair to say, isn't it?

16 A. Please believe me when I say that this interest that I had for

17 his case focussed on making sure that he could be as stable and as

18 healthy as possible in order to bear this whole thing. As for the

19 information about the trial, the Prosecution case, the Defence case,

20 well, that wouldn't mean anything to me. The only thing that matters for

21 me is that this friend of mine, this year-long friend of mine, is able to

22 get out of all this as an honest man and primarily as a man in good

23 health.

24 Q. All right. Thank you.

25 A. All the other -- just a moment. I didn't evince any interest in

Page 29474

1 his service, in what he was doing, I simply was not interested in that.

2 Q. Thank you for that, sir. I have no further questions.

3 MR. VANDERPUYE: Thank you, Mr. President.

4 JUDGE AGIUS: Thank you, Mr. Vanderpuye. Any redirect,

5 Ms. Fauveau, do you want to consult with your client?

6 MS. FAUVEAU: [Interpretation] No, Your Honour. I have no

7 questions.

8 JUDGE AGIUS: Okay. Thank you.

9 We don't have any further questions for you, which means that

10 brings to an end your testimony. I wish to thank you so much for having

11 come over and I also wish you safe journey back home.

12 THE WITNESS: [Interpretation] Thank you.

13 JUDGE AGIUS: Thank you. The statement has already been

14 tendered, Ms. Fauveau. Any further documents? None.

15 MR. VANDERPUYE: No, Mr. President, there aren't.

16 JUDGE AGIUS: Thank you. That -- yes, the witness may leave.

17 That concludes the testimony of this gentleman.

18 [The witness withdrew]

19 JUDGE AGIUS: Next one we'll start after the break. I think we

20 can take the break now. One thing I need to clear with you, Madam

21 Fauveau, because I had some conflicting information. How much do you

22 estimate your examination-in-chief to last with the next one, I mean?

23 Five hours? That's the latest occasion that I have.

24 MS. FAUVEAU: [Interpretation] It says seven hours, but I don't

25 think it will last seven hours. However, we have a problem with the

Page 29477

1 estimate for this witness will prove to be wrong, rather, that we will

2 take shorter time than that.

3 WITNESS: MILENKO JEVDJEVIC

4 [Witness answered through interpretation]

5 Examination by Mr. Petrusic:

6 Q. [Interpretation] Good afternoon, Mr. Jevdjevic, and first of all

7 let me introduce myself. My name is Nenad Petrusic, and I will be asking

8 you some questions on behalf of General Miletic's Defence this afternoon

9 and again tomorrow.

10 Right at the beginning, I would like to draw your attention to

11 the fact that the two of us speak the same language, and it is therefore

12 necessary for you to wait for a short while before starting with your

13 answer after I have asked you a question, in order for all this to be

14 interpreted. Perhaps the best guidance would be to look at the cursor on

15 the screen in front of you.

16 Now, I would like you to state your full name for the record.

17 A. My name is Milenko Jevdjevic.

18 Q. Sir, could you please tell us what schools did you complete?

19 A. I graduated from the military secondary school in Belgrade, and

20 then the military academy of the ground forces in Belgrade, signals

21 department; and also the General Staff's school in the centre of high

22 military schools in Belgrade.

23 Q. Could you please tell us, when did you start your service in the

24 JNA?

25 A. I joined the Yugoslav Peoples' Army in 1986 when I graduated from

Page 29478

1 the military academy.

2 Q. Could you tell us what rank you held when you joined the JNA?

3 A. When I joined the JNA, I had the rank of the second lieutenant.

4 Q. And could you tell us something about your military career up

5 until the time when the armed conflict broke out in the territory of the

6 former Bosnia and Herzegovina?

7 A. My first post was in the Uzice garrison where I was the commander

8 of the signals platoon, and then in the same garrison, I also served as

9 the company commander. Again, it was a signals company. And those were

10 the posts that I held until the war broke out in the former Yugoslavia.

11 Q. And where were you when the war in the former Yugoslavia broke

12 out?

13 A. When the war broke out in the former Yugoslavia, I was in Uzice,

14 in my garrison. And in 1991, as a commander of a unit, I was sent to a

15 front line in what is today the Republic of Croatia, I was deployed

16 there.

17 Q. At that time, it was still the former SFRY?

18 A. Yes, it was still the area, the territory of the former SFRY, and

19 I served there as part of a unit of the Yugoslav Peoples' Army.

20 JUDGE AGIUS: Mr. Jevdjevic, may I please remind you of what

21 Mr. Petrusic told you in the beginning, to allow for a short pause before

22 you answer the questions; otherwise, you will be causing problems for the

23 interpreters. Thank you.

24 Mr. Petrusic.

25 MR. PETRUSIC: [Interpretation]

Page 29479

1 Q. Mr. Jevdjevic, at one point did you actually join the army of

2 Republika Srpska and, if so, could you please tell us when that occurred?

3 A. I joined the army of Republika Srpska in May 1992. And the first

4 post that I held for about a month was in the municipality of Bosanska

5 Krupa. And then in June 1992 I was appointed to a post in the 65th

6 Signals Regiment in the Main Staff in Crna Rijeka, near Han Pijesak.

7 Q. You said it was the 65th Signals Regiment of the Main Staff. Did

8 you perhaps make a mistake there as regards the numerical designation of

9 the regiment?

10 A. Yes, you are right. It may have been the 67th Signals Regiment.

11 Q. Could you please tell us how long did you serve in the 67th

12 Signals Regiment?

13 A. I remained in the 67th Signals Regiment until the 1st of

14 November, 1992, until the time when the Drina Corps was established.

15 This was when I was appointed the commander of the signals battalion in

16 the Drina Corps.

17 Q. Mr. Jevdjevic, this is usual procedure when it comes to personal

18 details of the witnesses, and I think that I omitted to do that. I

19 actually forgot to ask you that. Could you please tell me when you were

20 born and where?

21 A. I was born in Rogatica, on the 11th of December, 1963.

22 Q. So this was a little factual digression from your description of

23 your military career. Now, I would like to ask you this: The Drina

24 Corps, you mentioned the 1st of November as the date it was established.

25 Could you please tell us where was it headquarters?

Page 29480

1 A. The first headquarters of the Drina Corps was in the Gora hotel

2 in Han Pijesak.

3 Q. Can you remember what military post code that was?

4 A. It was military post code 7111, Han Pijesak.

5 Q. Do you know whether between 1992 and 1995 there were any changes

6 to the military post code of the Drina Corps? When I say "changes" I am

7 talking about the numerical designation 7111.

8 A. A couple of weeks after the Drina Corps was established with its

9 headquarters in Han Pijesak, for operational and other reasons, the

10 command was moved to Vlasenica. But I know that the designation for the

11 military post code remained the same, 7111, Han Pijesak, in the period

12 that followed.

13 Q. How long did you serve as the commander of the signals battalion

14 in the Drina Corps?

15 A. I served there until the end of the war as the commander of the

16 signals battalion in the Drina Corps, until the peace agreements were

17 signed.

18 Q. After the war, what post did you hold in the army of Republika

19 Srpska?

20 A. After the war ended, I was first the commander of an infantry

21 brigade in Sekovici, then the commander -- or, rather, the chief of

22 signals in the 5th corps of the army of Republika Srpska, which was

23 established in 1997, the headquarters was in Sokolac. And then I became

24 the commander of an infantry brigade in the same corps in Visegrad. And

25 I ended my military career as the assistant commander of the corps for

Page 29481

1 morale, information, and religious affairs.

2 Q. Could you please tell us what year did your military career end?

3 A. My career, as a professional in the military, ended in 2001.

4 Q. And could you tell us, finally, what is your occupation now, what

5 do you do?

6 A. Now I work in the Telekom of the Republika Srpska. I am an

7 engineer in the mobile networks directorate.

8 Q. Mr. Jevdjevic, you told us that you were in the Drina Corps, that

9 you were the signals battalion commander. Are you aware that during the

10 war, at some point in time, protected areas were established on the

11 territory of the Drina Corps?

12 A. Yes, I am aware that in the course of the war in the area of

13 responsibility of the Drina Corps, at a certain point in time, three

14 protected areas were established; specifically, Srebrenica, Zepa, and a

15 little later, Gorazde.

16 Q. Are you aware how it came about that the Srebrenica protected

17 area was established?

18 A. In the spring of 1993, the Drina Corps was engaged in offensive

19 activities on the area of Cerska, Konjevic Polje, and Kasaba, and from

20 the south towards Srebrenica, Osmaci, Zeleni Jadar, and Pribicevac. And

21 I recall that at one point in time, the order arrived that the Drina

22 Corps and the other units of the army of Republika Srpska participating

23 in that operation should interrupt the operation because there were

24 negotiations going on between the two warring parties, their military and

25 civilian authorities. And I remember that at that time UN forces entered

Page 29482

1 Srebrenica headed by General Morillon, and I assume that it was around

2 that time that Srebrenica was granted the status of a protected area.

3 I participated personally in that operation which was stopped by

4 our superior command for the reasons I have just stated. I was engaged

5 in communications for the need of that operation.

6 Q. Were you aware that these areas were supposed to be

7 demilitarised?

8 A. I remember that the first information concerning the

9 demilitarisation of Srebrenica was forwarded to us, who were deployed

10 there, in Pribicevac in 1993, came from General Zivanovic, the corps

11 commander, personally. He told us this from his command post in

12 Vlasenica, and he said that we should congratulate the officers and the

13 unit commanders on their success up to that point in time. And he

14 informed us that the entire area of Srebrenica was to be fully

15 demilitarised. He said that the members of the 28th Division would hand

16 over all their weapons to the UN forces, which were due to enter

17 Srebrenica, and that there would no longer be any organised armed units

18 in the area.

19 Q. In the course of 1994 and 1995, were you an active participant in

20 many combat activities conducted around the enclaves and launched from

21 the enclaves?

22 A. In the period you mentioned, I was personally engaged, more than

23 once, in planning combat activities conducted by the Drina Corps or some

24 of its units, in order to deal with the combat situation in the area of

25 Srebrenica and Zepa.

Page 29483

1 MR. PETRUSIC: [Interpretation] Could we now have 5D1224 on the

2 screen, please. The relevant part in the English version, the one we are

3 interested in, is on page 2, point 1.

4 Q. Mr. Jevdjevic, please take a look this document, a look at this

5 order, and look at item 1. Tell us whether you were aware of this

6 situation regarding the behaviour of the Muslim forces in Srebrenica and

7 Zepa.

8 A. I can say that throughout that period of time, from the time the

9 peace agreement was signed, or, rather, from the time the safe areas of

10 Srebrenica and Zepa were established, the Drina Corps was facing constant

11 problems because of the military activities launched from those two

12 enclaves. They could be described in different ways. One of the ways in

13 which they took place was the infiltration of larger or smaller groups

14 from the enclaves -- from one enclave to another, and vice versa, and

15 from both enclaves towards Tuzla and towards Olovo and Kladanj, those

16 general areas.

17 I participated in the events at the time, and I was aware of all

18 these activities. This is one of the documents showing this. It

19 mentions these armed groups going towards Zvornik and Pale, and this was

20 the only road dividing the Drina Corps in two halves, and these armed

21 groups from those enclaves often crossed that road going towards Kladanj,

22 Olovo, and Tuzla.

23 Q. This road, the Zvornik-Pale road that is, was it in the depth of

24 the territory of the Drina Corps?

25 A. Yes, it was like a line dividing -- or, rather, like a line

Page 29484

1 halfway between the these two enclaves and the other part of the

2 federation of Bosnia and Herzegovina; the corps, that is, and it's more

3 or less 15 to 30 kilometres away from these enclaves.

4 MR. PETRUSIC: [Interpretation] Could we have document 5D1032

5 please.

6 Q. Mr. Jevdjevic, the first passage is the relevant one, after the

7 title, where it says, "Raising combat readiness to the highest level..."

8 Please take a look at this paragraph. Have you read it?

9 A. Yes, yes.

10 Q. Can you tell me whether the military authorities in Srebrenica

11 and Zepa had, as their aim, the joining up of these two enclaves?

12 A. This is a document issued by the command of the Drina Corps,

13 probably sent to all the units; although, it isn't expressly stated here,

14 but I assume that the document was sent to all the units of the Drina

15 Corps. And I personally am familiar with the situation. At the time,

16 the corps command and all the units learned from intelligence and other

17 sources that the army of Bosnia and Herzegovina was probably aiming at

18 joining up these two enclaves with the largest part of their territory

19 and that in certain periods of time, they would attempt to achieve this

20 by military activity from both of those enclaves and in the other

21 direction as well. And this is a document showing all this, this

22 document mentions all this. And that's why the order was issued to all

23 units to raise combat readiness to the highest level.

24 MR. PETRUSIC: [Interpretation] Could we scroll down a little bit,

25 please.

Page 29485

1 Q. At the bottom of the document, you can see that it really was

2 sent to all the units in the Drina Corps.

3 A. Yes, yes, that's what it says here. I was surprised not to see

4 it in the heading, in the preamble.

5 MR. PETRUSIC: [Interpretation] Could we please have 5D1038 on the

6 screen. Excuse me, excuse me, before that, 5D1037.

7 Q. Mr. Jevdjevic, please look at paragraph 8 on page 2.

8 MR. PETRUSIC: [Interpretation] And in the English version it's

9 also paragraph 8.

10 THE WITNESS: [Interpretation] I've read it.

11 MR. PETRUSIC: [Interpretation]

12 Q. Can you tell us whether at this time the forces of the Drina

13 Corps undertook activities to prevent these incursions by armed groups

14 from Srebrenica and Zepa?

15 A. Yes, that's what this document shows. That's something that is

16 the worst thing possible for a soldier when he feels that his back is not

17 protected and that there is the possibility of sabotage groups

18 infiltrating you, the depth of your territory, and wreaking havoc. From

19 the information the corps received in that period of time, it was evident

20 that this was a real threat. So certain measures were taken and the

21 units were ordered to be active in preventing such enemy activities.

22 MR. PETRUSIC: [Interpretation] Document 5D1038 please.

23 Q. Could you please take a look at paragraph 1, the third paragraph

24 in point 1, which begins with the words "Last night ..." Please read this

25 passage.

Page 29486

1 A. I've read it.

2 THE INTERPRETER: Microphone, please.

3 MR. McCLOSKEY: Your Honour, I am going to object at this point.

4 JUDGE AGIUS: We had a problem with the microphone and there is

5 an objection.

6 Yes, one moment, Mr. Petrusic. Yes, Mr. McCloskey.

7 MR. McCLOSKEY: These questions are more time consuming than they

8 are probative, which I think is an important issue. This is 1994. These

9 are not contested issues. Mr. Butler testified about this. I think the

10 adjudicated facts have talked about this. This is an area that has been

11 gone over and over again. I can direct the attention to a Muslim

12 document from 1995 that -- from the 28th Division, where they state it's

13 their policy to do this kind of thing, to tie down the VRS from going to

14 the Sarajevo front. I don't know how many times I've argued that, since

15 the Krstic case and the Blagojevic case, and now, again, I don't think we

16 need to waste time, especially in 1994. Perhaps, as we get closer to our

17 events.

18 JUDGE AGIUS: Yes, do you wish to comment, Mr. Petrusic?

19 Mr. McCloskey, I understand your objection, of course, but it seems to me

20 if you look at page 31 -- 41, sorry, lines 1 through 3, which refer to

21 the basic question that Mr. Petrusic put to the witness, it's not

22 exactly -- it doesn't exactly refer to what the armed forces of the

23 Muslims did during 1994 or the period that he's referring the witness to,

24 but, rather, what was the reaction of the Serb forces. But, again, we

25 are not far off from the events that you mentioned and which, very

Page 29487

1 rightly, put -- are not in contestation.

2 Yes, Mr. Petrusic. Why don't you go straight to what is relevant

3 to this case and which is contested by the Prosecution.

4 MR. PETRUSIC: [Interpretation] Mr. President, in order to be able

5 to reply in full to your question, or, rather, to respond to the

6 objection raised by the Prosecution, perhaps it would be good for the

7 witness to leave the courtroom. Or perhaps I might consult lead counsel,

8 Ms. Fauveau, who might perhaps respond in French. It's not a problem.

9 I'm -- I can do it, but it's a linguistic problem.

10 JUDGE AGIUS: Yes, I can quite understand. Perhaps you can

11 consult with Madam Fauveau, first, and see whether you want to proceed

12 with this matter or whether you want to move on to -- with your

13 questions. Switch off your microphone, please.

14 [Defence counsel confer]

15 JUDGE AGIUS: Yes --

16 THE INTERPRETER: Microphone, please.

17 JUDGE AGIUS: Yes, Mr. Petrusic. Do you wish the witness to

18 leave the courtroom?

19 MR. PETRUSIC: [Interpretation] Yes.

20 JUDGE AGIUS: Mr. Jevdjevic, if you could kindly leave the

21 courtroom for a short while. We'll be calling you back soon.

22 [The witness stands down]

23 JUDGE AGIUS: Yes, Mr. Petrusic.

24 MR. PETRUSIC: [Interpretation] Your Honours, what I've been

25 trying to show, or, rather, what the Defence has been trying to show by

Page 29488

1 producing these documents are not facts, not the fact that attacks were

2 launched from the enclaves or that there was a corridor linking the two

3 enclaves. Enough documents have already been produced to prove those

4 facts, and I am sure that the Trial Chamber will take them into account

5 when deciding on these matters.

6 These documents from the Drina Corps, from the army of Republika

7 Srpska, are produced in order to show that even before Directive Number 7

8 was issued, there were problems there and that the army of Republika

9 Srpska had been trying unsuccessfully to solve the military problem of

10 the enclaves, to shut them up or dissolve them even before Directive

11 Number 7 was issued.

12 JUDGE AGIUS: Is that in contestation, Mr. McCloskey?

13 MR. McCLOSKEY: No. As a matter of fact, I think we have been

14 giving you maps and battle plans from 1993 of the same thing. I think we

15 started with the six strategic objectives. They have been trying to

16 clear that area out for a long time, and that's not in contest.

17 JUDGE AGIUS: Basically, I feel very uncomfortable in stopping

18 you, Mr. Petrusic. On the other hand, you know, I mean, we can't go on

19 with each and every witness that comes here from the VRS or from the

20 previous JNA repeating the same story all over again when, for the past

21 two and a half years, we have heard it for the umpteenth time and there

22 is no disagreement on what happened both on the Muslim side and on the

23 Serbian -- Bosnian Serbian side. Anyway, I don't know if you want to

24 consult further with Madam Fauveau. I think we sent the message loud and

25 clear.

Page 29489

1 It's more interesting for us to proceed and hear the substance of

2 the testimony of this gentleman, who, after all, is also being summoned

3 by the Popovic and the Pandurevic Defence teams. Shall we bring the

4 witness back?

5 MR. PETRUSIC: [Interpretation] If you allow me, Mr. President,

6 very briefly just two sentences. The reason why we try to tender these

7 documents and to examine the witness about those circumstances is to

8 introduce the subjective element of the crime that is mentioned in the

9 indictment, by providing this context, the Defence is trying to challenge

10 the Prosecution allegation that after the Directive Number 9, or, rather,

11 Directive Number 7 was issued, all those who were involved in the

12 activities that related to Srebrenica was -- were aware of the criminal

13 intent and thereby tried to -- or were involved in the criminal activity.

14 It is our argument that the intent of the army of Republika Srpska was

15 the same even before Directive Number 7 was issued and remained the same

16 after its issuing. In other words, its conduct was legitimate.

17 So there was no intent to cleanse the population from Srebrenica

18 but to find a military solution for the problem of the enclaves.

19 JUDGE AGIUS: Given that that was the position, why don't you go

20 straight to 1995, Directive Number 7, and ask the witness whether

21 anything changed with Directive Number 7.

22 Yes, Mr. McCloskey.

23 MR. McCLOSKEY: Just very briefly, and I absolutely agree with

24 Counsel in a way. We have targeted this indictment to begin in March

25 with Directive 7, but I do believe that the same conduct was going on

Page 29490

1 since the beginning of the war. We have not charged it here because we

2 want this case to end eventually, and his -- he's got a different take on

3 1992 and 1993 and 1994, and that's fine, and we can argue about that, but

4 we agree on everything else.

5 JUDGE AGIUS: All right. Hope springs eternal. Let's continue.

6 Let's bring the witness in, please.

7 MR. McCLOSKEY: And I will try not to object to that, but this is

8 bringing me back to General Krstic, Mr. Petrusic and this witness, but I

9 will try to refrain.

10 [The witness takes the stand]

11 JUDGE AGIUS: All right. Thank you, Mr. Jevdjevic, for your

12 patience.

13 Mr. Petrusic, bearing in mind what we have stated, I suggest you

14 go straight to the point and avoid reviewing the historical background.

15 And, of course, you are then free to ask whatever question you like,

16 provided it's relevant and probative.

17 MR. PETRUSIC: [Interpretation]

18 Q. Mr. Jevdjevic, do you know that the forces of the Drina Corps

19 were in contact with the forces from Srebrenica and Zepa?

20 A. Yes, that was a notorious fact.

21 Q. Do you know whether the Drina Corps forces had sniper weapons in

22 its armory?

23 A. I often toured the various front lines in the Drina Corps area of

24 responsibility, and believe me when I say that I never saw a single

25 soldier who was issued with a sniper rifle. I like weapons and that's

Page 29491

1 why I know. Semi-automatic sniper rifles have only ten bullets, you can

2 only fire single shots, and you can talk to any soldier and ask them, and

3 they will all tell you that they preferred to have automatic weapons

4 issued to them. And we didn't have such rifles at all in our stocks --

5 well, there were situations where shots were fired from light machine

6 guns or semi-automatic rifles, and then when it buzzes past somebody's

7 head, that person assumes that he was being targeted by a sniper. I know

8 that such assumptions were made on our side, and probably it was done on

9 the other side, too.

10 So when single shots were fired, people assumed that those were

11 snipers targeting them. But that's just that, assumptions, guesswork. I

12 never saw any of our soldiers in positions around the enclaves or

13 anywhere else -- I never say anyone carry sniper rifles when attacks were

14 being launched.

15 JUDGE AGIUS: Yes, one moment, Mr. Petrusic. Mr. McCloskey.

16 MR. McCLOSKEY: Could the witness be instructed to answer the

17 question. That was at a simple question, "Do they have sniper rifles?"

18 And he went on and on. If that goes on, we will be here forever.

19 JUDGE AGIUS: Yes, thank you. Mr. Petrusic.

20 MR. PETRUSIC: [Interpretation]

21 Q. Mr. Jevdjevic, do you know any dominant features around the

22 protected area of Srebrenica?

23 A. Yes.

24 Q. Could you please tell us what were they?

25 A. I am familiar with the features on -- to the east and to the

Page 29492

1 south, Kuarac, Pribicevac, Javor, Teocak, Klokoc, Caurka, Bracan, Rogac,

2 Ravni Buljin, and so on.

3 Q. Earlier in your testimony you told us something about the road,

4 Zeleni Jadar, the Zeleni Jadar road. Now I would like us to focus on

5 that issue.

6 MR. PETRUSIC: [Interpretation] So could I please have 5D1046.

7 Q. Could you please look at the preamble of this document below the

8 word "reference" and then could you please look at paragraph 5.

9 MR. PETRUSIC: [Interpretation] In the English version that's at

10 page 2 and in the Serbian version you just need to scroll down a little

11 bit.

12 Q. Mr. Jevdjevic, are you familiar with this order?

13 A. I have not had an opportunity to look at this order before, but

14 now that I have read it I know about the situation, the situation that

15 this order deals with.

16 Q. Could you please explain to us what situation are you talking

17 about?

18 A. Well, here the Drina Corps, the command of the Drina Corps,

19 orders some of the units that are deployed in that part of the Srebrenica

20 enclave to take the features, geographic features, that remained -- or,

21 rather, that couldn't have been taken before because of shortage of

22 personnel. This is the area between the Skelani Battalion and the Milici

23 Brigade positions. I am familiar with this area. About 7 kilometres

24 were not covered, and we believed that this area was used by armed groups

25 to move from one enclave to the other. So these are Kostur, Caurka, and

Page 29493

1 Klokoc, those three features. In fact, I took part in this combat

2 action -- or, rather, this was not a combat action, because not a single

3 bullet was fired.

4 I remembered when I read item number 5, it says that the signals

5 chief will set up the communications in time to -- for the purpose of

6 this task, and I was actually tasked with setting up the communications.

7 I was at Pribicevac at the time, and I know that there was a heavy

8 snowfall in the area. And attempts were made to reach those features.

9 Since defence positions had not been set up there, I am talking about

10 dugouts or bunkers, all the units after the march and the reconnaissance

11 of those features, simply returned to their original units or commands.

12 Q. On the 3rd of January, 1995, then was it difficult to access the

13 village of Zeleni Jadar? Were there any problems there?

14 A. I remember this quite well, when this operation ended in 1993 and

15 when the UN forces entered Srebrenica, I, myself, went back to the

16 command in Vlasenica using that road leading up to Zeleni Jadar,

17 Jaseziovo, Podravanije, Milici, because it was under our control at the

18 time, in the territory that we controlled. And later on when the borders

19 of the demilitarised zone were set up, and I can't tell you now. I don't

20 know exactly how this border went. I know that our units, in that area,

21 because of the difficult terrain, pulled back and set up their defences

22 to more favourable positions in other geographic features away from that

23 road so that this road, at the beginning, was absolutely in our territory

24 outside of the borders of the demilitarised zone. And I know that there

25 were some problems later in that segment.

Page 29494

1 MR. PETRUSIC: [Interpretation] Could we please have 5D1227.

2 Q. Mr. Jevdjevic, this is a document from your command dated the

3 18th of March, 1995. Could you please look at the preamble. Could you

4 please read it.

5 A. I've read it.

6 Q. Are you familiar with this situation from March 1995?

7 A. Yes.

8 Q. Can you tell us whether anything was done at the time to liberate

9 that road?

10 A. Nothing was done at that time to liberate that road or, rather,

11 to put it under the control of the army of Republika Srpska. The village

12 itself of Zeleni Jadar is near the -- well, there is a cross-roads there,

13 and there are only two or three factories there. And as I've already

14 stated, after our defence positions were moved to more favourable places,

15 that place remained more or less a no man's land, although it was

16 technically on our side of the demarcation line. And this document shows

17 that the other warring side, making use of the vicinity of various points

18 where -- from where they could cover the valley with firepower,

19 dismantled the industrial facilities, the plants that had remained there

20 until March 1995.

21 Q. And was the road still cut off, the one that was supposed to be

22 liberated at that time?

23 A. I think that in this period the units of the Drina Corps, which

24 had organised defence in that area, were still not able to make a full

25 use of that road.

Page 29495

1 Q. Are you aware whether UNPROFOR took any -- undertook any

2 activities to prevent the Muslim units and to protect the property in

3 Zeleni Jadar?

4 A. I am not aware of that. I know that the UNPROFOR checkpoints was

5 between Zeleni Jadar and Srebrenica, but I am not aware of any activities

6 to prevent the looting of property from those factories that is described

7 in this document.

8 MR. PETRUSIC: [Interpretation] Could we have 5D1082. 5D1082.

9 Q. This is a report from your command of the 23rd of May, 1995 [as

10 interpreted]. Please look at point 2 and comment on it and on the events

11 described here.

12 A. I am aware of the activities described in item 2 of this regular

13 combat report of the command of the Drina Corps. The commander of the

14 Drina Corps, with some of the officers from the command, was in the area

15 of Zeleni Jadar, and he was in charge of the action as it says here, in

16 the Zeleni Jadar valley. The result of that action was that the

17 industrial plants were put under our control as was the

18 Skelani-Jadar-Jasenova asphalt road.

19 MR. PETRUSIC: [Interpretation] A correction in the transcript,

20 please, page 50, line 21. Instead of the "23rd of May," it should say

21 the "31st of May."

22 Q. Mr. Jevdjevic, who was in command of that action in Zeleni Jadar?

23 A. The direct commander was the corps commander, General Zivanovic.

24 He had a team consisting of several officers from the corps, and I was in

25 the area at the time in charge of organising signals or communications.

Page 29496

1 Q. And where did you set up the communications line?

2 A. I was in the Pribicevac location, and I established

3 communications with the small combat groups which had specific tasks in

4 the Zeleni Jadar valley and along the Zeleni Jadar-Jasenova road.

5 MR. PETRUSIC: [Interpretation] Could we have 52894, P2894.

6 Q. Mr. Jevdjevic, can you tell us what this document is about?

7 A. This is an order which the commander of the Drina Corps, General

8 Zivanovic, from the forward command post at Pribicevac, sent to the units

9 participating in these activities around Zeleni Jadar, concerning

10 physical control of these facilities and the asphalt road that we

11 mentioned.

12 MR. PETRUSIC: [Interpretation] Please, could we have page 2 of

13 that document. Could we scroll down a little -- up.

14 Q. Can you read to us the handwritten text.

15 A. It says here, "For the Skelani Battalion," or "The independent

16 battalion Skelani. Jevdze [phoen] will convey this." It probably refers

17 to me. Probably the order, signed by General Zivanovic, and we see his

18 signature here, "as we didn't have a typewriter at the forward command

19 post at the time this is probably typed out by the signalsman on the

20 teleprinter, and he made copies for the units to which the order refers."

21 I don't recall exactly, but probably whoever wrote this thought that I

22 should take this order to the Skelani Battalion, which was on the left

23 bank of the Zeleni Jadar river. They had their positions there, or

24 something like that. I don't really remember what this was about.

25 Q. It says, "In the second line, engage self-propelled guns at 0500

Page 29497

1 hours." Did you have self-propelled guns at the time?

2 A. I don't recall that we had self-propelled artillery weapons in

3 that area and that they were used in the area for that particular task,

4 but, well, they have a longer range, so perhaps whoever was planning

5 this, I really don't know what this was about, thought they could be used

6 from another location. But that command group included Colonel Veletic,

7 and I think he was an artillery man, and he would probably know what this

8 is about. I know that in that area at that time we didn't have these

9 self-propelled weapons; although, as I say, their range is very long, and

10 if somebody was planning this, they may have planned using them from a

11 longer distance, but I can't really be precise about this.

12 JUDGE AGIUS: Yes, Mr. McCloskey.

13 MR. McCLOSKEY: This may be a translation issue, but I don't

14 think so, but among the English version, I have I believe it's a receipt

15 stamped of the Bratunac Brigade, not the IKM at Pribicevac, as the

16 witness is suggesting.

17 JUDGE AGIUS: Yes, Mr. Petrusic. Could you address this to the

18 witness himself who has heard Mr. McCloskey, anyway.

19 MR. PETRUSIC: [Interpretation]

20 Q. Mr. Jevdjevic, are you speaking of the Pribicevac forward command

21 post or the Bratunac Brigade?

22 A. The Pribicevac forward command post, which was established by the

23 Drina Corps command, for the needs of this activity in Zeleni Jadar.

24 That's what I am talking about.

25 Q. Now, please, go back to the order. You have had occasion to see

Page 29498

1 it, and tell me, please, did you about on it and if so how?

2 A. I had occasion to see this order recently a few days ago when

3 preparing for this testimony. It does not refer specifically to me but

4 to two smaller units which had a smaller number of men at the time and

5 certain possibilities were incorporated in the plan that they might run

6 into in the course of carrying out the task. I felt that this order was

7 written using terminology which is not characteristic of highly trained

8 officers, but, well, that's up to the person who wrote it.

9 Q. At the end of this order, now that we are discussing it, please

10 tell us when this action was carried out, was military force used?

11 A. What I remember very vividly from that period is that I observed

12 this activity with a great deal of apprehension, and the units to which

13 this order refers took new positions; thus, leaving the asphalt road

14 behind their backs without firing a single bullet which shows that this

15 area was, in fact, no man's land at the time and that it was actually

16 behind the demarcation line separating the two enclaves or, rather,

17 separating the two warring sides.

18 Q. Are you aware that an UNPROFOR checkpoint was moved, was

19 relocated at that time?

20 A. I know that at that time an UNPROFOR checkpoint was relocated.

21 It was moved closer to Zeleni Jadar along this asphalt road, running from

22 Zeleni Jadar toward Srebrenica. But as I was at Pribicevac, and this

23 area is in a valley, in a canyon, in fact, in a depression, I don't have

24 any precise information as to how this was done and what the area in fact

25 is, what size it is.

Page 29499

1 MR. PETRUSIC: [Interpretation] Could we have 5D1083.

2 Q. This is a regular combat report from the command of Drina Corps

3 at Pribicevac dated the 13th of June, 1995 [as interpreted]. And in item

4 2, it says:

5 "After the withdrawal of UNPROFOR, the inhabitants of Zeleni

6 Jadar moved out in panic..."

7 THE INTERPRETER: In fact it's paragraph 2 of item 1,

8 interpreter's note.

9 MR. PETRUSIC: [Interpretation]

10 Q. Are you aware, sir, bearing in mind this report, where it says

11 that the population moved out, did the population really move out?

12 A. To the best of my knowledge, the area of Zeleni Jadar was a

13 purely industrial zone with two or three factories. There was a factory

14 producing furniture and another one producing marble. I didn't observe

15 any residential houses in the area. And as a soldier I can draw the

16 conclusion that even when the front end of our defence was moved to new

17 facilities, leaving the road behind our backs, the units engaged in this

18 did not come across any defensive positions of the enemy side, which is

19 quite logical. And speaking from experience, I know that the population

20 on both sides never lived and worked in front of the defensive positions

21 of the army, but rather behind them so that it would not be logical to

22 think that there was any civilian population living in Zeleni Jadar,

23 because that would mean that they were living literally in front of the

24 trenches and in front of the barrels of their own soldiers.

25 JUDGE AGIUS: Mr. McCloskey.

Page 29500

1 MR. McCLOSKEY: We needed a foundational question that he could

2 see that from there, because the previous question, he said he's up in

3 Pribicevac and he can't see the area of Zeleni Jadar. And then he starts

4 describing all these things that aren't happening. So foundationally, we

5 need to get to A before we get to B.

6 JUDGE AGIUS: I get you, Mr. McCloskey. Perhaps you could ask a

7 direct question to the witness to explain -- asking him to explain how

8 come he's giving this description.

9 MR. PETRUSIC: [Interpretation]

10 Q. Mr. Jevdjevic, are you aware whether in that area there was any

11 civilian population?

12 A. Well, as I have already said, in that period in 1993, I passed

13 through the cross-roads in Zeleni Jadar more than once, and I know that

14 there were mostly industrial plants there and that there were no

15 residential houses there, and the second part of my reply, why I think

16 there were no people living there, is that the defensive positions of the

17 28th Divisions were downstream from Zeleni Jadar towards Srebrenica, and

18 even if there was a residential house there, it would not be logical for

19 people to live in front of the defence lines of their open army. The

20 people always lived behind the backs of their own armies in every war

21 theater I have ever been in.

22 MR. PETRUSIC: [Interpretation] On page 54, line 15, instead of

23 the date the "13th of June, 1995," it should say "the 3rd of June, 1995."

24 Could we have page 2 of this report, please.

25 Q. Mr. Jevdjevic, please look at the last sentence before item 3.

Page 29501

1 Are you aware that the things mentioned in this report were captured?

2 A. I am not aware of this.

3 Q. And did you observe any modern premises as described here?

4 A. All the observations --

5 MR. McCLOSKEY: Objection.

6 JUDGE AGIUS: Objection.

7 MR. McCLOSKEY: Foundational, the last one we saw was purely

8 speculation and so if he's there and can see it, fine; but otherwise,

9 this is speculative, like the last one was.

10 JUDGE AGIUS: Yes.

11 Yes, Mr. Petrusic, I think Mr. McCloskey is right. He's -- you

12 first have to ascertain with the witness what he could and couldn't see,

13 or establish.

14 MR. PETRUSIC: [Interpretation]

15 Q. Mr. Jevdjevic, when passing along this road, did you observe

16 these modern specially built premises?

17 A. On my return from this task, I was not relatively close to that

18 checkpoint, but those were containers, all those observation posts were

19 really prefabricated containers, if that can be described as a modern

20 specially built premise.

21 Q. In point 3 of this report, it says "We have had no casualties, we

22 have expended small amounts of ammunition, and three zoljas," or handheld

23 rocket launchers. Do you know whether these three zoljas were fired, and

24 if so, where?

25 JUDGE AGIUS: Yes, Mr. McCloskey.

Page 29502

1 MR. McCLOSKEY: I apologise, I will withdraw.

2 JUDGE AGIUS: All right. And Mr. Jevdjevic, if you could answer

3 the question, please.

4 THE WITNESS: [Interpretation] At that time, I had no information,

5 nor did I know, that zoljas were used in this activity. I simply didn't

6 hear about it, although Pribicevac is some 10 kilometres or less from

7 Zeleni Jadar. But the detonation from a zolja would probably be heard

8 there.

9 MR. PETRUSIC: [Interpretation]

10 Q. Sir, at the end of the report, it says, "Major Milenko

11 Jevdjevic." Did you compile this report?

12 A. No. To the best of my recollection, no. Because I was part of a

13 time lead personally by the corps commander, and there were some highly

14 positioned officers from the corps command there, and it seems almost

15 incredible that I, as the most junior officer in rank, in charge of

16 organising signals, would be given the task of compiling this lengthy

17 report in which there is information which I have seen now first time.

18 And anyway, it was not my duty at the time, while I was engaged in

19 communications, to draw up reports for these commands. And, finally, I

20 do not see my signature here, although a telegram can be sent in such a

21 way that the signature is not visible. However, I do not remember

22 compiling a report like this when the corps commander and his other

23 officers were there at the forward command post.

24 Q. Do you have any explanation as to how it's possible that your

25 name appears on this report?

Page 29503

1 A. Well, quite simply it sounds very illogical. When the corps

2 commander is personally in charge of an action, to send a report to the

3 staff commander, that would be a superior sending a report to a junior

4 officer. And furthermore, I see that this report arrived in the corps

5 command at around 2120 hours, that it was deciphered at 2125, and I think

6 that on the 3rd, I was probably not in the area anymore, that I had

7 already left and arrived in the corps command before this report.

8 I assume that one of those officers did that who were there, but

9 why my name is mentioned here, I really would not want to speculate.

10 JUDGE AGIUS: Mr. McCloskey.

11 MR. McCLOSKEY: I think there is a -- maybe a translation error

12 in the English. It says "The GS VRS to the Chief of Staff personally" in

13 what I've got, and I look at the -- what I think is the one you are

14 talking about, and it says "Command of the Drina Corps." I might be

15 wrong, but it sounds -- it looks like a pretty significant translation

16 issue, or I've mixed up the documents.

17 JUDGE AGIUS: I can't help you there.

18 Yes, but perhaps, Mr. Petrusic, you are in a better position than

19 we are to deal with this. But I think from what I see here -- yes.

20 MR. PETRUSIC: [Interpretation]

21 Q. Mr. Jevdjevic, obviously there is a mistake in the transcript.

22 So you were talking about who -- whom this report was sent to, here it

23 says "to the Main Staff of the VRS." Could you please look at this

24 report and tell us whom it was addressed to?

25 A. If the usher could please take us back to the beginning of the

Page 29504

1 document. This report was sent from the forward command post of the

2 Drina Corps at Pribicevac, which was under the direct command of the

3 Drina Corps command, it was sent to the Chief of Staff of the Drina Corps

4 command at the Drina Corps command. That's what it says here. In

5 military terms, it is quite illogical for the corps commander, who is

6 present at a place, in charge of an activity personally, to be sending a

7 report from that location to his Chief of Staff.

8 Q. Mr. Jevdjevic, are you familiar with any other activities that

9 the Drina Corps in the spring of 1995 was engaged in in its area of

10 responsibility in concerted action with the East Bosnian Corps?

11 A. I am best familiar with an action that the Drina Corps engaged in

12 in the broader area from Zvornik to Majevica. In response to a

13 large-scale offensive mounted by the enemy that had preceded it, and this

14 is when the Drina Corps in concerted action with the forces of the East

15 Bosnia Corps, carried out an operation in the broader area between

16 Zvornik and Majevica; to be more specific, in the direction of Teocuk.

17 That was the area.

18 Q. Do you perhaps know what was the code name of that operation?

19 A. That operation had the code name Spreca, Spreca 95.

20 MR. PETRUSIC: [Interpretation] Mr. President, this is not the

21 exact time that we usually take our break, but I would like to explore

22 this topic at some length and perhaps this would be a good time for a

23 break in that light.

24 JUDGE AGIUS: I will not fight with you for two minutes,

25 Mr. Petrusic. Let's have the break now, 25 minutes. Thank you.

Page 29505

1 --- Recess taken at 5.45 p.m.

2 --- On resuming at 6.15 p.m.

3 JUDGE AGIUS: Yes, Mr. Petrusic.

4 MR. PETRUSIC: [Interpretation] Thank you, Mr. President.

5 Q. Mr. Jevdjevic, you told us that you knew about Operation Spreca.

6 MR. PETRUSIC: [Interpretation] Could I please have 5D975 up on

7 the screen. I apologise.

8 Q. Mr. Jevdjevic, could you please look at this order and could you

9 please tell us whether you have any knowledge of it?

10 A. Yes, I actually do have some knowledge about implementation of

11 what this order discusses.

12 Q. Do you know when the 4th Serb Light Infantry Brigade was actually

13 established?

14 A. To the best of my recollection it was established sometime in

15 late March or early April 1995.

16 Q. Did you in any way participate in that unit?

17 A. Yes. It was a task force, and I was assigned to be the Chief of

18 Staff of this brigade.

19 Q. Could you please tell us what task did this brigade have?

20 A. Well, roughly to the best of my recollection, that brigade was

21 tasked to operate in concerted action with other units of the Drina Corps

22 to stabilize this front line in the broader Majevica region, and to carry

23 out attacks in concerted action with the East Bosnian Corps, in an effort

24 to cut off this pocket in the Majevica area, Teocuk, Sapna, and some

25 other smaller villages were located there in that pocket.

Page 29506

1 Q. And did you then stop performing your regular duties in line with

2 this order? In other words, we are talking about establishing

3 communications and maintaining communications.

4 A. Yes, while I was temporarily engaged in this task force, in that

5 period of time, I was not the commander of the signals battalion and I

6 can only assume that probably I was replaced by one of my officers.

7 MR. PETRUSIC: [Interpretation] Could we please have 5D983 up on

8 the screen.

9 Q. Before we move on to this document, could you please tell us me

10 where your command post or your forward command post was during the

11 Operation Spreca?

12 A. It was located in a village north of Zvornik. I think it's

13 Trsic, it was called Trsic, it was in the school building, the elementary

14 school of that village. I am referring to the command post of the 4th

15 Serb Brigade.

16 Q. This document, 5D983, bears this code name Spreca 95. It's a

17 combat order, and now I would like us to look at the last page of this

18 document.

19 MR. PETRUSIC: [Interpretation] That would be the penultimate page

20 until the English version.

21 Q. Mr. Jevdjevic, you can see here just before item 3, it says:

22 "IKM of the GS VRS in Zvornik." Did you know that a forward command post

23 of the Main Staff of the army of Republika Srpska was established in

24 Zvornik?

25 A. Yes, I did know that.

Page 29507

1 Q. As you went about your business as the Chief of Staff of this

2 unit, the 4th Serb Brigade, did you have any contacts with the officers

3 at the forward command post, the IKM, of the Main Staff?

4 A. We, in the 4th Serb Brigade, did not have any direct contact with

5 the officers from the forward command post of the Main Staff in Zvornik,

6 because the Drina Corps itself had set up its own forward command post in

7 Zvornik in the Zvornik Brigade command. And I know that the corps

8 commander himself was there quite often, so it was quite logical that we

9 were more often in contact with the corps command and with its forward

10 command post in Zvornik, and I assume that it was in turn in contact with

11 the forward command post of the Main Staff.

12 Q. Do you know which of the officers from the Main Staff actually

13 was at the forward command post?

14 A. Well, I don't have any specific knowledge because the brigade

15 commander, Colonel Veletic, attended the briefings in most cases. I

16 think that I went there only once because some military tasks were given

17 out. I think that there were a few officers there. They were rotating

18 from the Main Staff of the army of Republika Srpska.

19 Q. And did any name stick in your mind? I am not insisting now if

20 you can't remember.

21 A. I think I may have seen General Milovanovic as I passed by. I

22 don't know whether he was heading in the direction of the East Bosnia

23 Corps at that time. And I assume that some of the officers from the

24 logistics organ in the Main Staff were there, or some of the operations

25 officers, because those were the key functions for -- the key posts for

Page 29508

1 the functioning of the forward command post.

2 Q. And did you have any operation officers at your forward command

3 post?

4 A. The 4th Serb Brigade did have its operations officer, if that's

5 what you're referring to. The operations officer, who was again taken

6 from one of the subordinate units and assigned to that post.

7 JUDGE AGIUS: Again, Mr. Jevdjevic, please, if you could be kind

8 enough to allow a short interval before you start giving your answer.

9 Thank you.

10 MR. PETRUSIC: [Interpretation]

11 Q. Mr. Jevdjevic, the role of your operations officer, was it

12 important?

13 A. Well, his role was important for the functioning of the staff

14 segment of the command of the 4th Serb Brigade.

15 Q. If I understand you correctly, you said that even at the forward

16 command post of the Main Staff at Zvornik, there were some operations

17 officers, but please ... yes, do go ahead.

18 A. Well, I assume that it was the case. That was the logic, that's

19 how it worked. I can't really recall the officers who were actually

20 there, but it is usually -- it is usual military practice. Logistics

21 officers are always important. From our point of view -- so somebody

22 from the logistics organ, from the Main Staff, had to be there in order

23 to organise the supply of the units that participated in the operation.

24 Q. Mr. Jevdjevic, do you know that in July 1995 there was an

25 operation in the Drina Corps area, its code name was Krivaja 95?

Page 29509

1 A. Yes.

2 Q. Could you tell us what does this operation mean and when did it

3 begin?

4 A. Before the operation began, I knew that the units of the Drina

5 Corps were tasked --

6 Q. Mr. Jevdjevic, we'll get to that. I do apologise for

7 interrupting you, but what I am interested in is for you to tell us what

8 did this code name mean in translation, Krivaja 95, and when the

9 operation was actually launched.

10 A. Krivaja 95 is just a name, like any other name that is assigned

11 to an operation. Krivaja is just a river in Bosnia, and probably those

12 who planned the operation gave it this name. And the operation itself

13 started in early July 1995.

14 MR. PETRUSIC: [Interpretation] Now I would like us to look at

15 document 5DP106. The document is 5DP106. Could we please look at page 1

16 of this document.

17 Q. Mr. Jevdjevic, can you tell us what this document is about?

18 A. This is a preparatory order issued by the command of the Drina

19 Corps which it issued on the 2nd of July 1995 to its subordinated units

20 with the task of carrying out preparations for the forthcoming operation.

21 Q. To whom was this document sent, please?

22 A. This document was sent, as it says here, to the commands of the

23 Zvornik Brigade, the Bratunac Brigade, the 2nd Romanija Motorised

24 Brigade, the 1st Vlasenica Infantry Brigade, the 1st and 5th Podrinje

25 Brigade, the Bratunac Brigade, the Milici Brigade, the 5th Mixed

Page 29510

1 Artillery Regiment of the Drina Corps, and the Skelani Independent

2 Infantry Battalion; in other words, to the subordinate units of the Drina

3 Corps.

4 Q. Please look at item 2 and tell us whether this is the task given

5 to the subordinate units in this preparatory order.

6 A. Yes, this lists all the tasks issued to the subordinate units by

7 name.

8 Q. Were you aware of Directive 7 and Directive 7/1?

9 A. No.

10 Q. In this task, is there any separation of Srebrenica and Zepa and

11 any narrowing down to the city area, the town area, in these items 1 and

12 2?

13 A. No, that is not there in this order.

14 MR. PETRUSIC: [Interpretation] Could we have P107 please.

15 Q. Mr. Jevdjevic, this is a document issued by the same command as

16 the previous document, and it bears the title "Command of" -- or "Order

17 for Active Combat Activities Operation Number 1." Can you tell us to

18 which order this unit was issued?

19 JUDGE AGIUS: Mr. Petrusic, I hate to interrupt you, but do we

20 have to go through this? Can't we see it ourselves. If there is a

21 problem with anybody who may have or may not have received this document,

22 I can understand the question, To whom was it sent, but otherwise, I can

23 read it, I don't need the witness to tell me.

24 MR. PETRUSIC: [Interpretation] Thank you, Your Honour.

25 Q. Mr. Jevdjevic, in relation to the previous document, the document

Page 29511

1 you have before you, was it sent to all the units?

2 A. This particular document was not sent to all the units to which

3 the preparatory order of the same date was sent.

4 MR. PETRUSIC: [Interpretation] Could we see the last page of this

5 document, please. Actually, in English it's the page before last.

6 Q. In view of the nature of this document, do you know who

7 participated in its drawing up?

8 A. The entire corps command participated in compiling this order,

9 everyone dealing with the aspect that he was in charge of.

10 Q. In item 11, we have command and communications. Did you

11 participate in compiling this document as far as this item goes?

12 A. I personally did not.

13 Q. Do you have any informations as to whether anyone from

14 communications participated in drawing up this document?

15 A. When this document is concerned, and every other document where

16 communications are planned, it was the chief of communications of the

17 corps who had exclusive competence and power to deal with this.

18 Q. And what was your relation to the chief of communications of the

19 corps?

20 A. Are you referring to subordination within the corps? The chief

21 of communications was an advisory organ advising the Chief of Staff, and

22 professionally he was superior to the communications Battalion; that is,

23 to me, but only as far as the professional side of our work was

24 concerned. As for the military and disciplinary aspects, we were

25 subordinate directly to the corps commander.

Page 29512

1 MR. PETRUSIC: [Interpretation] Let's go back to page 2 of this

2 document in the Serbian version; whereas it's page 3 in the English

3 version, item 4.

4 Q. Mr. Jevdjevic, in line 3 of item 4, it says:

5 "The more immediate task is to reach the ..." and so on.

6 What does that mean, "the more immediate task"?

7 A. The more immediate task was given to the units as a line on the

8 ground which the units are supposed to reach in the first offensive

9 action, the first assault, that is.

10 Q. Two lines further down, it says "The next task ..." and so on and

11 so forth. My question is, when is the next task carried out, is there a

12 deadline, is there a timeline, is it implied automatically?

13 MR. McCLOSKEY: Objection.

14 JUDGE AGIUS: Yes, Mr. McCloskey.

15 MR. McCLOSKEY: Do we have just one foundational question? I

16 mean, he says he didn't take part in the making of this, he doesn't know

17 about the things that are cited in it, was he given this, did he study

18 it, was he part of the operation? That one question would tell us;

19 otherwise, we don't know.

20 JUDGE AGIUS: Yes. Can you handle this or would you handle this,

21 Mr. Petrusic, please. Thank you.

22 MR. PETRUSIC: [Interpretation] Yes, Mr. President.

23 Q. Mr. Jevdjevic, were you a participant of the Operation Krivaja

24 95?

25 A. Yes.

Page 29513

1 Q. Are you aware of Banja Guber, Zivko, Brdo, Divjakenje [phoen],

2 Gradac, and so on, as parts of military terminology?

3 A. Yes, I am aware of these facilities.

4 Q. You explained the what the immediate task of the next task means,

5 or, rather, what the immediate task means, and now my question is what

6 does the next task imply?

7 A. The next task is the task which the units carry out after they

8 have carried out the immediate task pursuant to orders and approval from

9 the commander.

10 Q. Does this imply that the next task is obligatory, that it must be

11 ordered?

12 A. Well, it's already regulated in the order itself. On the ground,

13 in practical terms, it depends on the decision of the commander in charge

14 of the operation.

15 MR. PETRUSIC: [Interpretation] Let's see now document P3753

16 please.

17 Q. Mr. Jevdjevic, do you see this document. Tell us, are you

18 familiar with this document?

19 A. Yes, I am.

20 Q. It seems to consist of several parts. Can you explain it to us?

21 A. The first part is a work plan for the radio network used for

22 command in the Operation Krivaja 95. And the second part, underneath it,

23 with the small dense writing, is a signals table. These are the usual

24 military terms adapted for this purpose in case some orders need to be

25 encrypted.

Page 29514

1 Q. So this signals table means that these numbers are written

2 instead of the words we see here?

3 A. Yes. To transmit certain information or convey a certain order,

4 when you have a message, one could use a combination of certain numbers

5 in order to convey to another unit certain information.

6 MR. PETRUSIC: [Interpretation] Let's go back to the first part

7 where we have several participants -- or, rather, more participants than

8 are mentioned in the order.

9 Q. If you remember, there were six participants in the order, so I'm

10 interested on what basis did the chief of communications or whoever drew

11 up this document include more participants in the communications plan?

12 A. Whenever such work plans are drawn up for radio networks, the

13 possibility is always envisaged that some of the participants in the

14 radio communication, that is, some of the units, who are within the radio

15 network used for commanding the operation, should also include at least

16 two reserve units in case new possibilities open up. This has to be

17 flexible to avoid having to draw up a new plan simply because another

18 unit has been added on or resubordinated or attached. So this is done in

19 order to be able to deal with new situations. That's why at least two

20 reserve participants are always included.

21 Q. These frequency ranges, the ones in megahertz, can you tell us on

22 what sort of equipment these frequencies may be used?

23 A. This is a work plan for a radio network which we had with a radio

24 apparatus called RUP-2/2K, which is similar and compatible to RUP-12 as

25 regards the frequencies and number of channels. A good side of this

Page 29515

1 equipment was that it was modified in such a way that crypto --

2 crypto-protection could be attached to it, a special device could be

3 attached to it, and it worked on 32, 79.89 megahertz or hertz, and the

4 frequencies mentioned here 1 to 20, this is not a frequency but the

5 position of three switches used to take up a certain frequency. In our

6 signals terminology this referred to a channel, for example, channel 250

7 doesn't mean that the frequency is 250 megahertz, because I have already

8 told you what the frequency range is. But one can easily calculate what

9 the frequency would be. It doesn't really matter right now, I assume.

10 Q. And could you tell us this last column here, letters and numbers,

11 what is this all about? And below this, we can read that it says "Table

12 Tesla."

13 A. Well, this is an instruction so that if this radio network

14 experiences some problems, such as, for instance, if it is being

15 disrupted or jammed by other participants or by the enemy, or if this was

16 going on at a certain time of day or night when electro-magnetic waves

17 move in a particular way, then this made it possible to change the work

18 channel if this channel no longer meets the requirements. And here it is

19 indicated that the working channel should be switched. This is

20 confidential and this is in code.

21 Well, I can't really read it, because it's not very legible, but

22 let's say for instance you have a word here, and then it says "15," and

23 this means that all the participants should switch to channel 15, which

24 is envisaged here.

25 Q. And did you receive this document when you set off for

Page 29516

1 Srebrenica?

2 A. Yes, I did.

3 Q. Mr. Jevdjevic, could you please tell us when did you set off to

4 Srebrenica and who issued you that -- you the direct order, the marching

5 orders in fact?

6 A. I set off on the 5th of July, that was when I started

7 implementing this operation, and I assume that I received those documents

8 from the chief of communications or signals. Since I can't recall having

9 received it from the corps commander or the Chief of Staff, and it was

10 quite usual for the communications chief once the communications plan is

11 drafted in accordance with the orders of the corps commander, to deliver

12 this communications plan to the unit that is supposed to implement it in

13 accordance with the professional line of command. So I assume that he

14 issued this order.

15 Q. And do you recall who ordered you to go to Srebrenica?

16 A. I think that it was either the corps commander or the Chief of

17 Staff, well, one of the two. I can't recall. But it was just a task for

18 me. Perhaps it was even the communications chief who relayed this to me,

19 but I can't really recall the details.

20 Q. As far as the equipment is concerned, the communications

21 equipment, can you tell us what you had? What kind of equipment did you

22 have?

23 A. For the implementation of this task, I had at my disposal radio

24 equipment with speech encryption technology, and I used them to set up

25 communications with the subordinate units participating in Operation

Page 29517

1 Krivaja 95. As for the communications with the superior command, the

2 Drina Corps command in Vlasenica, I used the radio relay equipment RRU1,

3 and this made it possible for us to send written reports that were first

4 encrypted. And my encryption officer who went with me had appropriate

5 encryption equipment. Again, he also had the teleprinters in order to be

6 able to send those encrypted telegrams. So this was the equipment that I

7 had with me in order to implement this operation.

8 Q. And did the Main Staff or the 67th Signals Regiment or the chief

9 of the Main Staff, did they provide you with any elements necessary to

10 establish your communications at the forward command post of the corps?

11 A. No. This was an operation of the Drina Corps. It used only its

12 own forces, and there was no need to involve the Main Staff or the

13 signals regiment of the Main Staff for the implementation of this task.

14 MR. PETRUSIC: [Interpretation] Could we please have 5D1105.

15 Q. Mr. Jevdjevic --

16 MR. PETRUSIC: [Interpretation] Could we just scroll down a little

17 so that we can see the stamp.

18 Q. It was issued in the morning of the 5th of July, 1995. Could you

19 please tell us when did you actually head for Srebrenica?

20 A. Well, I started on the 5th of July. I would say it was around 10

21 or 1100 hours; in the morning, at any rate. And I arrived at the forward

22 command post at Pribicevac in the early afternoon.

23 Q. Before you set off to set up the communications centre at the

24 forward command post at Pribicevac, did you know what tasks were issued

25 to the Drina Corps units participating in this operation?

Page 29518

1 A. I knew roughly what these were, because I did not receive the

2 order with the tasks, but I did know roughly -- or, rather, I knew

3 specifically what units were participating and what more or less were

4 their key tasks on those axes.

5 JUDGE AGIUS: Any time it's convenient for you, Mr. Petrusic, we

6 stop.

7 MR. PETRUSIC: [Interpretation] Thank you, Mr. President.

8 Q. Mr. Jevdjevic, did you know the equivalent of the forces in

9 numerical terms that participated in the operation?

10 A. I did know that there on the spot, so to speak. I knew what

11 units participated and I knew, more or less, their equivalent on the

12 ground. And all those units that were from the broader region, from the

13 south, attacking -- or, rather, carrying out this task, they, all told,

14 did not go beyond the strength of 1.000 soldiers.

15 Q. Just one more question. Now, if we compare it to 1993, let us

16 draw this parallel, this is when you again participated in that area,

17 that was before the protected areas were set up, can you tell us whether

18 this time the forces were stronger or weaker, numerically speaking?

19 MR. McCLOSKEY: Objection.

20 JUDGE AGIUS: Yes.

21 MR. McCLOSKEY: Vague. I don't understand what operation is he

22 talking about.

23 JUDGE AGIUS: All right.

24 MR. McCLOSKEY: -- in 1993.

25 JUDGE AGIUS: All right. Shall we leave it until tomorrow?

Page 29519

1 Okay. So we stand adjourned until tomorrow in the afternoon, like today,

2 2.15. Thank you.

3 --- Whereupon the hearing adjourned at

4 7.00 p.m., to be reconvened on Thursday, the

5 11th day of December, 2008, at 2.15 p.m.