1 Tuesday, 19 February 2002
2 [Open session]
3 [The accused entered court]
4 [The witness entered court]
5 --- Upon commencing at 9.00 a.m.
6 JUDGE MAY: Mr. Milosevic, it's now for you to cross-examine the
7 witness if you wish to. Since this is the first witness and since you're
8 representing yourself, you should be told about the purpose and
9 limitations of cross-examination.
10 The purpose of cross-examination is to ask questions, to test the
11 witness's evidence and credibility, that is, whether he or she should be
12 believed or not. According to the Tribunal's Rules, it is limited to the
13 subject matter of the evidence in chief, that is the evidence given in
14 answer to questions from the Prosecution and to questions as to
15 credibility. It is also the opportunity to ask questions relating to your
16 case, that is the case which you wish to put forward in your defence.
17 The Trial Chamber may permit questions on other matters.
18 Cross-examination is subject to the control of the Trial Chamber in order
19 to make it effective for the ascertainment of the truth and avoid the
20 needless consumption of time. It is restricted to matters relevant to the
21 issues in the trial and must not be used as a way of harassing or
22 intimidating witnesses. Any questions which may reveal the identity of
23 protected witnesses must be asked in closed session.
24 This statement will be put into writing and given to the accused.
25 Now, Mr. Milosevic, do you have any questions for the witness?
1 THE ACCUSED: [Interpretation] As far as I was able to understand,
2 Mr. Bakalli is a protected witness.
3 JUDGE MAY: Let me see. We've had that translated.
4 He's not a protected witness; he's Mr. Bakalli. So you can ask
5 anything about his identity if you wish.
6 THE ACCUSED: [Interpretation] I read in the papers that he was a
7 protected witness. And then they published that it was -- they were
8 referring to Bakalli, speaking of that protected witness, but thank you
9 for the information you've just given me.
10 If you ensure that the witness gives me yes and no answers, then I
11 shall be, of course, brief.
12 WITNESS: MAHMUT BAKALLI [Resumed]
13 [Witness answered through interpreter]
14 Cross-examined by Mr. Milosevic:
15 Q. [Interpretation] You said, Mr. Bakalli, that Kosovo private
16 parallel schools were set up because of apartheid. Yes or no? Could you
17 give me a yes or no answer, please?
18 A. Yes, but they weren't private, but they were public schools. They
19 were not state schools of Serbia.
20 Q. And to which state did those schools belong?
21 A. There were elementary schools, secondary schools, university.
22 They were all under the Serbian Ministry of Education, financed from
23 Serbia, with Serb curricula which you organised.
24 Q. I'm speaking about the parallel schools. You said -- you
25 mentioned parallel private schools because of apartheid. You mentioned
1 that you organised parallel schools because of apartheid. Now, I would
2 like your answer, yes or no, please. Did you or didn't you?
3 A. Yes, except we didn't call them private schools, and they were not
4 private schools. They were public schools, where the people collected
5 money, the population, as far as they could.
6 JUDGE MAY: Mr. Bakalli, just keep the answers as short as you
8 MR. MILOSEVIC: [Interpretation]
9 Q. You said you were a professor of sociology at the university in
11 A. Yes.
12 Q. Do you consider that every student of sociology, each one of your
13 students, should be able to explain what apartheid is?
14 A. Yes.
15 Q. Could you explain to us what apartheid means? What is apartheid?
16 A. Apartheid with yes or no, or do you want the opinion of a
18 JUDGE MAY: A short --
19 MR. MILOSEVIC: [Interpretation]
20 Q. I'm asking you to explain to us what apartheid is.
21 JUDGE MAY: A short explanation, Mr. Bakalli, please.
22 A. Okay. If collectivity, a group, a national group or a racial
23 group, is put by the state into a position outside of the government,
24 outside of the economy, thrown out of education and cultural affairs, that
25 is apartheid.
1 MR. MILOSEVIC: [Interpretation]
2 Q. The school curriculum for Kosovo, was it different from the school
3 curriculum for children all over Serbia?
4 A. Yes.
5 JUDGE MAY: Just give us an example.
6 A. For example, history of the Albanian people, which was foreseen
7 under the autonomy system, was eliminated under the Serbian curricula
8 later, and there are other examples of this.
9 MR. MILOSEVIC: [Interpretation]
10 Q. I don't think you understand me. Obviously you haven't. I didn't
11 ask you what the curriculum and programme was in your private schools.
12 What I'm asking you is about the programme, the curriculum, of state
13 schools throughout the territory of Serbia, which was the same for all
14 schools and all children in Serbia. It was a universal curriculum. Now,
15 according to that state Serb curriculum, was the programme different for
16 Albanian children? According to the Serb curriculum for state schools
17 throughout the territory, did Albanian children have a different
18 programme, different from all the other children in Serbia? That's what
19 I'm asking.
20 A. As far as I know, there was no difference, or difference in the
21 curricula for Albanian language education. It was a unified programme for
22 all of Serbia, for the Albanians and for the Serbs in Kosovo.
23 Q. That means that all children in Serbia followed the same school
24 programme, the same curriculum?
25 A. Yes.
1 Q. In state schools for the Albanian children, was tuition in the
2 Albanian language?
3 A. It could have been, but they did not accept such schools, to go to
4 such schools, because you imposed the curricula. You people imposed the
5 leaders, the principals of the schools, and the heads of the faculties.
6 Q. Just a moment, please. A moment ago you agreed with me that the
7 school programme, the curriculum, was the same for all the children of
8 Serbia, in Serbia, and now you -- I'm asking you whether, for the Albanian
9 children, tuition is Albanian, and you said yes, it was, for those who
10 went to state schools, but that they didn't want to go to state schools
11 because we imposed a programme on them. Now, I claim that for all
12 Albanian children, tuition was in the Albanian language. Is that correct
13 or is it not? I'm talking about state schools.
14 A. They were not in Albanian, or there were not Albanian schools in
15 Albanian language in Kosovo, because the education system was radically
16 changed and the Albanian population refused to take part in it.
17 Q. Do you claim that the Albanian children didn't go to state schools
18 at all?
19 A. I would say that almost no one went to them. Perhaps there were a
20 few minor exceptions. I don't know of any students who did go to such
22 Q. How many exceptions were there, Albanians who went to state
23 schools? Give us an example. Roughly how many Albanians going to state
25 A. I don't know. I don't really think there were any exceptions, but
1 it could be that there were. I don't know.
2 Q. Well, you say you don't know how many of them there were. Was
3 tuition in Albanian for them, for those?
4 A. I don't know. I don't really know of any student or pupil who
5 went to the school, into that school system, once it was put under
7 Q. So what you're saying is the following: You're saying something
8 that in fact you now say you don't know.
9 A. No. I said that I knew that Albanians had taken part in the
10 Serbian educational system. What I don't know is if there were Albanians
11 taking part in your education system. That I don't know. I don't think
12 so, but I am not sure. There could have been.
13 Q. Why do you say "our" education system? You used the word "our."
14 Did you consider that the Albanians were citizens of Serbia or not?
15 A. From the moment that the parliament of Kosova approved the
16 Constitution of Kosova, they did not feel themselves that they were any
17 longer citizens of Serbia.
18 Q. We'll come to that later, but a moment ago you used the word
19 "apartheid" again. I should suggest that you read the United Nations
20 definition of "apartheid" before you do so again.
21 What about the Hungarian children? Did the Hungarian children
22 follow the same curriculum as all the other children in Serbia?
23 A. That had been regulated earlier with school curricula under the
24 autonomy status in Vojvodina. This was also for the Hungarian students.
25 What happened later, once you came to power, I don't know what
1 happened to the Hungarians in the Vojvodina.
2 Q. You said yourself that you were an intellectual who always wrote
3 since 1981 to the present day, and you say you don't know what was going
4 on in your own country. Yes or no?
5 A. You don't have the right, because I have observed events, but I
6 can't tell you in detail of what happened to school curricula, the school
7 curricula of the Albanian state who -- of the Serb state. I can't tell
8 you if the Hungarians in the Vojvodina accepted them or not.
9 Q. We have taken note of the fact that throughout Serbia all the
10 children had the same school programme, the same curriculum. And then I
11 went on to ask you, because you say you don't know how many Albanian
12 children attended tuition in the Albanian language, I asked you whether
13 you know whether the Hungarian children had tuition in Hungarian, the
14 Bulgarian children in Bulgarian, and so on and so forth. Do you know
15 anything about that either? You don't seem to. You don't know that
16 either. Just say yes or no. You don't have to go into any lengthy
17 explanations. You don't know, I see.
18 A. No, I don't.
19 Q. So you don't know whether in Serbia the members of the Bulgarian
20 minority attended tuition in Bulgarian. You don't know that either?
21 A. No, I don't know.
22 Q. Do you consider that the school programme which was in force for
23 all children in Serbia should not be enforced for Albanian children?
24 A. It's good for school programmes to be universal for everyone but
25 with concrete, specific elements, in particular, for national elements,
1 for national specific elements. And from the year 1974 onwards, we had
2 school curricula which were approved by the parliament of Kosova, and they
3 had no relations -- Serbia had no right of interference under the
4 Constitution in such school curricula.
5 Q. As we are not challenging the fact that national minorities in
6 Serbia and national -- that national minorities in Serbia are able to
7 attend tuition in their own languages, and as the Albanian children were
8 taught and had tuition in Albanian and were taught the Albanian literature
9 and all other subjects were taught in the Albanian language, do you
10 consider that there is a special Albanian mathematics, physics, biology,
11 chemistry, without going into the exact natural sciences. Philosophy, for
12 example. Was there a separate Albanian Plato, Aristotle, John Moore or
13 anybody like that? Giordano Bruno, perhaps? Galileo Galilei, and so on
14 and so forth?
15 In your opinion, apart from the element of language - and the
16 language element was guaranteed to one and all - why would you think that
17 the school curriculum for Albanian children should be different than for
18 all the other children in Yugoslavia?
19 A. Not only for Albanian children but for the children of all the
20 nationalities of Yugoslavia. Which -- with the exception of mathematics.
21 Giordano Bruno, of course, was common to all the nationalities, but each
22 one did have its own curricula. Not for natural sciences but for history
23 and for culture and for language.
24 Q. Well, I don't suppose you're challenging as far as culture and
25 language is concerned and overall tuition that every national minority was
1 able to be taught in their own language in all state schools.
2 Was the Albanian language -- was Albanian the official language in
3 Kosovo up until this war?
4 A. Yes, on the basis of the Constitution of 1974.
5 Q. And you say that it wasn't on the basis of the change in the
6 Constitution, that it wasn't an official language. Is that what you're
7 saying? You are under a solemn declaration here, Mr. Bakalli.
8 A. You needn't remind me of that. The language of the administration
9 under Milosevic was -- you could use Albanian for some documents.
10 Q. For what documents couldn't the Albanian language be used?
11 A. I'm sorry. That is a subject for which I'm not an expert, legal
12 questions. I am not in a position to reply to that, Your Honours.
13 Q. All right. If an Albanian is taken to court, was it considered
14 that he could address the court only in Albanian?
15 A. Yes. Many of the prisoners whom you took under your reign
16 could -- formally were given the right to reply in Albanian, yes.
17 Q. What do you mean when you say "formally"? Does it mean that that
18 right was not accorded to them on a regular basis; yes or no?
19 A. They were not banned from using their language in court. The
20 question is rather: Why were they in court?
21 JUDGE MAY: For the moment, the question is: What language were
22 they allowed to use? And the answer is: They were allowed to use
23 Albanian. Thank you.
24 A. Yes.
25 MR. MILOSEVIC: [Interpretation]
1 Q. You also said that the Serbian government didn't want to implement
2 the agreement on the education system.
3 A. Yes.
4 Q. The three-plus-three-plus-three group, is that something that is
5 known to you? I'm talking about the group on behalf of the government of
6 Serbia was led by Minister Vlatomir Vico; on behalf of the Albanian side,
7 it was Professor Fehmi Agani; and on behalf of Centar Ucidi, it was Dom
8 Vicenzo Pajla. Do you know about this group? Have you heard about it?
9 Yes or no?
10 A. I know about it because I've worked for it. I brought the
11 documents which you yourself signed. But I did not work in it precisely.
12 Q. You spoke about the subject, and therefore, I assume that if you
13 talk about a subject, you know something about that subject. You said
14 that no results were achieved. You said that nothing had been done,
15 nothing implemented.
16 A. Yes.
17 Q. Do you remember -- do you remember - and give me a yes or no
18 answer, please - that up until September, the month of September that
19 year, the Albanian side took over the technical faculty, 20.000 square
20 metres in all, and the faculty of economics and faculty of law, which
21 amounted to 16.000 square metres? Do you remember that; yes or no?
22 A. Yes. A process began, sort of, but it was sabotaged, and there
23 was no success. It was never realised under the -- according to the
25 Q. How do you consider that it was sabotaged if the Albanian side, in
1 material terms, took over the buildings, which amounted to 20.000 square
2 metres, 16.000 square metres? How, then, do you say that this was
3 sabotage? It took possession of those buildings in order to organise its
4 tuition at the faculties, at the university. Do you consider that to be
5 sabotage; yes or no?
6 A. I'm convinced, yes, that from what I heard from Fehmi Agani, and
7 Fehmi Agani told you at that meeting, in May, that they were totally
8 unsatisfied with the reaction of the Serbian side and with the contacts
9 between the Albanian and Serbian sides, under the aegis of San Edjidio.
10 Q. Leave aside May and everything you've just said about that
11 meeting. Let's leave that aside for the moment. We'll go into that later
12 on. What I'm asking you now is the following: In your opinion, is it
13 possible to describe a sabotage, the implementation of a programme, when
14 the material fact is that at the university, they took over buildings
15 which were 20.000 square metres large and 16.000 square metres large; yes
16 or no?
17 A. I don't think that was a realisation or implementation of any
18 kind. I don't think that was the realisation of the agreement.
19 Q. For our listeners, let me add that this was the peak, the top. As
20 for secondary and primary schools, everything had already been solved; yes
21 or no?
22 A. This did not apply to the elementary or the high school all the
23 time. They have worked in the cellars in private homes.
24 Q. You claim, therefore, that the Albanians did not go to primary and
25 secondary schools, state ones?
1 A. Yes.
2 Q. So you said that the only possibility for schooling Albanians was
3 the parallel system of schools?
4 A. Yes, that's right.
5 Q. Were the rights of Albanian children to attend classes in Albanian
6 language denied to them?
7 A. Yes, because they were denied of having their own programme.
8 Q. And what is the body that approves the curriculum in any country?
9 A. In our country, it was the Minister of Education, to all children
10 in Serbia. Thus, in Kosova, we had the Pedagogical Council of Kosova, as
11 a body of the parliament of Kosova, under the Constitution of 1974.
12 Q. We'll get to that Constitution later on. My question referred to
13 whether somebody denied the right to Albanian children to attend classes
14 in Albanian. Please reply with yes or no.
15 A. Yes.
16 Q. So you are claiming that Albanian children were not able to attend
17 classes in Albanian?
18 A. Only under the illegal system, only in the cellars. In the state
19 schools, no.
20 Q. So you are claiming that in state schools, Albanian children did
21 not attend classes in Albanian language. In state schools, Albanian
22 children could not attend classes in Albanian language; is that what
23 you're claiming? Yes or no?
24 THE INTERPRETER: The witness replied: "Excellent."
25 MR. MILOSEVIC: [Interpretation]
1 Q. You also said yesterday that my speech in Gazimestan directly led
2 to changes in the Constitution; yes or no?
3 A. It is not exactly so. I said that after that, we had the
4 amendments to the Constitution, but your speech in Gazimestan was a
5 speech, in my view, that was a programme of war.
6 Q. Okay. We'll, let's leave that aside for the time being. So you
7 said, and then you repeated again today, that after my speech in
8 Gazimestan, the Constitution was changed. All right. Do you remember the
9 date of the Kosovo battle? Do you know that that took place on the 28th
10 of June, 1389?
11 A. Yes, I do.
12 Q. Do you know that 600 years was celebrated on the same day in 1989,
13 on the 20th of June?
14 A. Yes, I do.
15 Q. All right. Is it true that the Serbian Assembly proclaimed
16 changes or amendments to the Constitution on the 28th of March, 1989,
17 which means three months prior to the speech to which you ascribe the fact
18 that it led to changes in the Constitution? You just said a moment ago
19 that after my speech, there were changes in the Constitution, and now I'm
20 giving you the dates that were actually formally recorded as being the
21 28th of March, 1989. This is three months before the date after which you
22 claim the Constitution had been changed. So what is going on here,
23 Mr. Bakalli?
24 JUDGE MAY: Let the witness answer.
25 Yes, the point is made that the changes were three months before
1 the speech. Now, Mr. Bakalli, what's your answer to that?
2 A. The initiative was taken earlier, but it does not relate to what
3 I'm saying. Yesterday I did not at all say that his address -- that they
4 immediately led to the constitutional changes. I referred to it before
5 Your Honours because I thought that it was kind of a call for war, a
6 programme for war, and the initiative, the legal initiative to make the
7 constitutional amendment was taken a couple of months ago. But, as I said
8 yesterday, the Constitution was changed in an unlawful way through use of
9 force. I do not relate his speech to the changes of the Constitution, as
10 something that happened right away, as he's claiming.
11 MR. MILOSEVIC: [Interpretation]
12 Q. Mr. Bakalli, just a while ago, two minutes ago, you said that the
13 changes in the Constitution took place after my speech in Gazimestan. Yes
14 or no, please. At any rate, everyone was able to hear that.
15 A. I think that the essence of the constitutional changes is related
16 to your speech in Gazimestan.
17 Q. Even after that?
18 A. After your speech, the changes occurred.
19 Q. Could you please quote what you're saying from my speech?
20 A. What really impressed me, but I don't have the document with me
21 here, what I -- it really impressed me at that time was the -- your way of
22 addressing it more or less, so that we in Yugoslavia today are waging a
23 political struggle, a struggle waged may assume proportions of an armed
24 war. All what I got from your speech in Gazimestan was the impression
25 that you unfurled a programme of military action or crisis in Yugoslavia.
1 This is what I had the impression then. This is what I wrote about, and
2 this is what I'm telling this Honourable Court today.
3 Q. Okay. I didn't say what you just said, but you did say what we
4 heard from the Prosecution, and this is something that I disputed here
5 when I gave my opening speech.
6 Are you able to provide to me what you wrote at the time? I would
7 be able to give you my speech and newspapers from 1989 containing my
8 speech. Are you able to give me the other papers? You indicated here
9 time, struggle, and you indicated here newspapers Vreme and some other of
10 our newspapers. So would you be able to show me these articles of yours
11 that were published in these papers?
12 A. No, because at that moment I did not write in Nasa Borba and
13 Vreme, but I did write in Albanian-language papers, in a letter I sent to
14 Eagleburger which I published in Vjesnik in Zagreb and in Albanian paper
15 in Pristina. But I don't have them with me now so that I can cite them.
16 Q. All right. But you would be able to provide that for us in
17 Albanian, in Serbian, in Croatian, the articles that were published in the
18 Vjesnik paper. So you would be able to do that? Yes or no? And we would
19 be able to see from those papers how you explained that I in fact issued a
20 call for war in Gazimestan. Is this what you're claiming, that this is
21 what it says in your text?
22 A. I've written there that there you made public a militant --
23 unfurled, I'm saying, a militant programme. I didn't say you declared war
24 but that you have unfurled, as I'm saying, a militant, a military
25 programme, militant programme.
1 Q. You said what you've said. Everything's been recorded in the
2 transcript, so we'll be able to compare and see whether what you said here
3 was in fact printed somewhere or you lied under oath. But let's leave
4 that aside for the time being.
5 Is it true -- is it true that the Assembly of the Autonomous
6 Province of Kosovo -- I apologise. Let me ask you something else that has
7 to do with what you mentioned.
8 When I said the 28th of March, you said, "Well, yes, some
9 initiatives were launched." On the 28th of March, initiatives were not
10 launched. On the 28th of March, there was a final act that took place.
11 So on the 28th of March, 1989, there was a final proclamation of
12 the Constitution at the session of the Serbian Assembly. So there were no
13 initiatives. That had started much earlier. A final act took place on
14 the 28th of March.
15 JUDGE MAY: Mr. Milosevic, we must move on to a question. What's
16 the question?
17 MR. MILOSEVIC: [Interpretation]
18 Q. On the 28th of March, which is in fact three months prior to the
19 28th of June, that was the day when the final act of proclamation of the
20 Constitution of Serbia took place. Yes or no?
21 A. I don't know remember the dates exactly. I cannot pronounce my
22 views on that.
23 Q. The reply is very important, because yesterday you said, and then
24 once again repeated here, that the changes took place after the speech in
1 JUDGE MAY: Mr. Milosevic, I think we've dealt with this point.
2 You've made your point. The witness says he doesn't remember the date.
3 We've got the evidence, and we'll have to consider it in due course.
4 If you'd like to move on.
5 MR. MILOSEVIC: [Interpretation]
6 Q. Is it true that the Assembly of Kosovo accepted constitutional
7 changes prior to the 28th of March? Yes or no?
8 A. I say no. This is the argument, please, that the parliament of
9 Kosovo was surrounded by police and tanks. I have personal information --
10 JUDGE MAY: Don't let us continue this argument. We've continued
11 long enough on the 28th of March. Let's move on to another topic,
12 Mr. Milosevic.
13 THE ACCUSED: [Interpretation] This is not the same topic,
14 Judge May, because there are some other issues that are linked to this
15 which are very important. As we're talking about the Constitution --
16 JUDGE MAY: Let's have another question.
17 MR. MILOSEVIC: [Interpretation]
18 Q. Is it true that the Assembly of Serbia, pursuant to the
19 Constitution then in force, would be unable to implement these changes
20 without a previous approval of the Kosovo Assembly? Thank you. Now, did
21 the Kosovo Assembly approve this decision on adopting the constitutional
22 amendments? Yes or no?
23 A. It is not a matter of saying yes or no. I can say yes, but it was
24 under the pressure of tanks which were outside the parliament building.
25 JUDGE MAY: [Previous translation continues] ...
1 MR. MILOSEVIC: [Interpretation]
2 Q. You were the only one who saw those tanks. What I'm asking you is
3 this: Did the Constitution -- did the Assembly pass this decision on
4 adopting constitutional amendments? Yes or no?
5 A. Yes, with force, use of force.
6 Q. Is it true that at the session of the Kosovo Assembly only 14
7 deputies voted against this proposal?
8 A. Some were braver and said, "Irrespective of violence, I don't
9 agree with the changes."
10 Q. What I asked is whether it is true that only 14 deputies in the
11 Kosovo Assembly voted against this proposal. Yes or no?
12 A. Yes.
13 Q. Please try to focus on the answer. Is it true that a member of
14 the Constitutional Commission of Serbia was from Kosovo, and his name was
15 Professor Surija Popovci. He was also an Albanian, which perhaps is not
16 immediately obvious to everybody here. Is it true that a member of the
17 Constitutional Commission of Serbia was an Albanian and was from Kosovo?
18 Is it true that Professor Popovci appeared on television prior to the
19 session of the Assembly and supported the amendments?
20 A. Yes, but, please ask me a question why he appeared on television.
21 Please ask me.
22 THE INTERPRETER: The interpreters are kindly asking the speakers
23 to pause between question and answer. Thank you.
24 JUDGE MAY: The interpreters have a request, first of all, that
25 there should be a pause, both of you, between question and answer, so
1 could you keep that in mind.
2 Yes. Mr. Bakalli, after you've been cross-examined, the
3 Prosecution will have a chance to re-examine you, which means that if
4 there are any matters, relevant matters, which they want to ask about or
5 you want to give explanations about, you can do it then. Meanwhile, just
6 concentrate, if you would, on answering the questions.
8 MR. MILOSEVIC: [Interpretation]
9 Q. Do you know who Sinan Hasani is?
10 A. Yes.
11 Q. At the time constitutional changes were implemented, was Sinan
12 Hasani President of the Presidency of Yugoslavia?
13 A. Yes. He was Chairman of the Presidency of Yugoslavia, and he was
14 on our side.
15 Q. Sinan Hasani is an Albanian, and he was President of the
16 Presidency of Yugoslavia. He attended the session of the Serbian Assembly
17 during which the Constitution was promulgated on the 28th of March. Is
18 that true?
19 A. Yes.
20 Q. Is it true that also all other high officials on the federal and
21 republic level of Albanian nationality were present as well? Yes or no?
22 A. That is not true. Sinan, yes.
23 Q. Are you claiming that only Sinan Hasani was present from the
24 Albanian side?
25 A. Probably there has been someone else. I don't remember.
1 Q. At that time, who held the position of the Chairman of the
2 Province Party Board at the time? Was that position held by an Albanian
3 or a Serb?
4 A. An Albanian whom you have appointed. You brought him.
5 Q. My question was: Was that person an Albanian or a Serb?
6 A. An Albanian.
7 Q. Were other Albanians who were present there, did they come because
8 I appointed them?
9 A. Gentlemen, please. When you deprive a society of its
10 constitutional position, don't believe that they are happy to come to a
11 meeting when you have deprived them, stripped them of their constitutional
12 rights. Hasani was there, but you have to ask him why he was there.
13 Q. Who appointed Sinan Hasani to the Presidency of the -- of
14 Yugoslavia, to be the President of the Presidency?
15 A. To say it bluntly, you, because Albania was under the influence
16 and tutelage of Serbia.
17 Q. Sinan Hasani was elected by the Kosovo Assembly as a member of the
18 Yugoslav Presidency much prior to that. Why don't you carefully consider
19 this? Perhaps you made a mistake.
20 A. No, no. I'm not wrong. You are wrong. Sinan Hasani came to the
21 Presidency of Yugoslavia after you were elected Chairman of Serbia.
22 Q. So you claim that I was the one who appointed Sinan Hasani to the
23 Presidency of Yugoslavia. Is that what you're claiming? Yes or no,
25 A. Yes.
1 Q. Excellent.
2 THE INTERPRETER: The witness replied: "You're welcome."
3 MR. MILOSEVIC: [Interpretation]
4 Q. Did any of the Albanian deputies who had attended the session of
5 the Serbian Assembly which promulgated the Constitution dispute this
6 Constitution? Yes or no?
7 A. I don't -- you mean in the Serb parliament?
8 Q. It was not a Serb Assembly. It was an Assembly of the Republic of
10 A. I don't remember.
11 Q. Do you know who Muharrem Ismaili is?
12 A. Yes.
13 Q. Is he a friend of yours and also a director of a bank in Kosovo,
14 also an Albanian?
15 A. He's a Kosovar Albanian. He was the director of Kosova Bank. He
16 is no longer there. And he's a friend of mine. I don't know why you're
17 asking me.
18 Q. Because I want to put another question to you. Did you ask him to
19 come and talk to me?
20 A. Never. That's not true. I have never talked with him that I
21 wanted to talk with you. Never. I've never done that.
22 Q. So you are saying that you did not ask, through Muharrem Ismaili,
23 to come and see me?
24 A. I say in my full responsibility, no.
25 Q. Yesterday you told us how the local security chief, Gajic, under
1 inverted commas, told you about the "Scorched Earth Plan," the so-called
2 "Scorched Earth Plan." Wasn't it logical for you to bring up this issue
3 while talking to me; yes or no?
4 A. Yes, I could have done that, but I did not. I didn't want to
5 become -- to convey the views of others. Maybe I should have done that.
6 I should have done that.
7 Q. Thank you. This is enough material for us to give us an idea of
8 how seriously you assessed this matter. You told us yourself that you
9 were involved in scheduling a meeting with -- headed by Mr. Rugova in
10 order to find a political solution; yes or no?
11 A. Yes.
12 Q. You also said that the delegation of the Serbian government,
13 headed by Deputy Prime Minister Ratko Markovic, came only once and held
14 only one meeting with your representatives in Kosovo.
15 A. Yes.
16 Q. Is it true that two meetings between the Serbian delegation and
17 the Albanian side produced joint communiques and that there are joint
18 communiques from two meetings, whereas you said that there wasn't a
19 communique from that single meeting? So is it true that there were, in
20 fact, two meetings; yes or no?
21 A. We had only one meeting between the two delegations, and we issued
22 two separate communiques. We didn't have two meetings.
23 Q. Is it true that the delegation of the government of Serbia, headed
24 by the deputy prime minister, Professor Ratko Markovic, came to Pristina
25 11 times to attend previously scheduled meetings which were not attended
1 by the Albanian representatives. We were able to see this on television
2 every time, Mr. Bakalli. You don't need to be specifically informed of
3 this. Is it true that this delegation went to Pristina 11 times and the
4 Albanian side failed to show up? Mr. Bakalli, yesterday --
5 JUDGE MAY: Mr. Milosevic, let him answer.
6 A. It may be that the delegation headed by Professor Markovic has
7 come. We have often seen delegations from Serbia coming to Pristina. I
8 went to receive the Albanian side, but these meetings were the result of
9 an arrogance dictated by them as being the HOS.
10 JUDGE MAY: Let's try and get to the bottom of it. What's being
11 put is that there was not simply one meeting, but there were occasions at
12 which the Serbian delegation came to Kosovo to meet, but the Albanian
13 representatives, as I understand it, didn't come. Now, is that the case
14 or not?
15 A. Yes, but these meetings were not planned beforehand. Yes, there
16 are some cases.
17 MR. MILOSEVIC: [Interpretation]
18 Q. There were 11 such cases; yes or no, Mr. Bakalli?
19 A. I have not kept track of them. I don't know.
20 Q. Do you know that they were not scheduled; yes or no?
21 A. Yes.
22 Q. So you know that these cases, of whose existence you are not
23 aware, were not scheduled previously?
24 A. Yes. As I said, they were unscheduled before, as such, to conduct
25 genuine negotiations.
1 Q. When asked by the Prosecutor yesterday, you replied that there was
2 no will to conduct negotiations on the Serbian side. This is the reply
3 you gave. You can check this. You, in fact, said that the Serbian side
4 was not willing to discuss political settlement. And now here, we can see
5 that they, in fact, travelled to Pristina 11 times and, in fact, your side
6 was not willing to negotiate; yes or no?
7 A. It is not true. It is not true that the Serb side was
8 particularly interested in discussing the status and political issues
9 related to Kosovo position. It was the Albanian side that was interested
10 in such issues. Your delegations came more to deliver lectures against
11 terrorism, to calm down the situation, to calm down the citizens so that
12 it would be easier for you to rule over us, but not to resolve the
13 question of the status of Kosova under the expression of the will of the
14 Albanian people.
15 Q. Let's leave aside the expressions you used, such as the expression
16 of "the will of the Albanian people." That's not what I asked you. What
17 I asked you was: Is it true that the delegation, after a meeting between
18 me and Rugova, at which you yourself were present, came to Pristina 11
19 times to continue those negotiations and that communiques were issued from
20 only two meetings, whereas the other attempts were blocked by you and that
21 you now claim that it was the Serbian side which came to Pristina on 11
22 occasions, did not have the goodwill to negotiate? Is that what you're
23 saying; yes or no?
24 A. It is not true. Mr. Milosevic, you have confused, I think -- you
25 are confusing some issues. After the first and last meeting between the
1 two delegations - and I was a member of the Albanian delegation - we did
2 not receive any offer or did not have any other meetings as such.
3 Q. You therefore claim that what I have just asked you, and
4 whether -- I asked you whether that is correct or not. Your answer is
5 that it is not correct. Am I reading you correctly? Is it correct that
6 the federal premier, an American otherwise - his name is Milan Panic -
7 sometime in 1993, together with Vance and Owen, went to Kosovo and that
8 then too nobody wished to talk to them?
9 A. As far as I know, no, because the prime minister of Yugoslavia did
10 meet with Ibrahim Rugova, if you remember. They were taken in a picture
11 with both hands up. But I don't think it has much bearing to this issue
12 we are discussing.
13 JUDGE MAY: It doesn't matter about that. The answer is you don't
14 know; is that right?
15 A. No, I don't remember.
16 MR. MILOSEVIC: [Interpretation]
17 Q. Mr. Bakalli, you were an advisor to Demaci; is that correct?
18 A. Yes, for a couple of months before the beginning of the conference
19 of Rambouillet.
20 Q. Thank you. So you were an advisor of Adem Demaci and you have
21 just confirmed that. Now, as far as I remember - and this is my next
22 question - as far as I remember, you said yesterday that you had nothing
23 to do with the KLA. Now, if I'm not remembering this correctly, or
24 perhaps I didn't hear it correctly, I'm asking you now: Did you have any
25 connections with the KLA?
1 A. With the troops of the National Liberation Army of Kosova and with
2 the staff, the General Staff, I had no connections. As I said, I did have
3 contacts as an advisor - orientations, political and diplomatic advice for
4 the KLA, which was coming up publicly and legally - and in Pristina,
5 contacts with Demaci, a few months, two or three months before the
6 Rambouillet conference. And there was a disagreement between me and
7 Mr. Demaci, so I insisted that the KLA take part in the conference at
8 Rambouillet, irrespective of the initial policies and platforms of the
9 Rambouillet conference. They didn't take into consideration all the
10 aspirations of the Albanian people, but Rambouillet was an important
11 international factor for solving the Kosovo issue in a peaceful and
12 political manner, and at the same time, it helped to affirm the
13 international presence of the KLA. So I insisted that the KLA take part
14 in the Rambouillet conference.
15 Q. As you have finished with giving us an explanation which I didn't
16 ask you for, I have to go back to my question. You confirmed a moment ago
17 that you were an advisor to Demaci, and you also confirmed a moment ago
18 that you had nothing to do with the KLA.
19 A. With the troops, no.
20 Q. Yesterday your answer was that you had nothing to do with the KLA,
21 and it is common knowledge that Demaci is the head of the political wing
22 of the KLA. You are now trying to bypass the truth, if I can put it that
23 way, because you say you had no contacts with the troops. I didn't ask
24 you about which soldier or terrorist you contacted with. My question
25 was: Did you have any connection or links with the KLA? Adem Demaci was
1 the head of the political wing of the KLA and you were his advisor; is
2 that correct?
3 A. I'd like to alter my answer slightly. I had contacts with the
4 KLA, in the form of suggestions, advice, political advice. But I don't
5 want to hide anything; in fact, I'm proud of this.
6 Q. I did not ask you whether you shot or placed bombs or anything
7 else. I just asked you whether you had any connections with the KLA.
8 JUDGE MAY: Just a moment. Mr. Milosevic, he's given an
9 explanation of what he says his connection with the KLA was, so we've
10 heard that. Now, can we go on to the next point?
11 MR. MILOSEVIC: [Interpretation] Yes, we can, we can.
12 Q. Mr. Bakalli, you are a deputy in the Assembly of Kosovo, and you
13 are in the Alliance for the Future of Kosovo; yes or no?
14 A. Yes.
15 Q. Yesterday you said that you were an independent intellectual, a
16 deputy, and not that you were a deputy of the Alliance for the Future of
17 Kosovo; yes or no?
18 A. You changed the question and asked me now I should say yes or no.
19 Just give me a moment to explain. I was a deputy on the list of the
20 Alliance for the Future of Kosovo, because the elections took place on a
21 proportional system and the parties have closed lists. I was asked, as an
22 independent intellectual, to put my name on their list, and I still -- but
23 I still remain independent as such. I like the alliance, I like the
24 people who are in it, so I accepted to have my name put on the list. They
25 called me, and so I did it. As such, I am an independent deputy in the
1 parliament of Kosova, from the list of the alliance, and am a member of
2 the parliamentary group of the Alliance for the Future of Kosova. I don't
3 see what is contradictory here. But I am not a member of any party and I
4 have never been a member, and today I am not a member of the Alliance
6 Q. You are a deputy of the alliance. That is what you have confirmed
7 yourself and that is common knowledge. Everybody knows that who knows
8 what parliamentary elections are. You are on their list, a deputy on
9 their list, a deputy of the alliance; yes or no?
10 A. Yes, I'm on the list of the alliance.
11 Q. Is the president of the Alliance for the Future of Kosovo Ramus
13 A. Yes.
14 Q. Are you an advisor of Ramus Aradinai now, at present?
15 A. Should he need my advice, I give it to him.
16 Q. Do you know, in connection with your president, the president of
17 the alliance, that as he wrote, as Elefteros Tipos wrote, according to
18 reports of the British service, where he is called the Mafia Ramus, that
19 Aradinai, is head of the Albanian underground and he engages in
20 trafficking and dirty work in the Balkans and the whole of Europe? Do you
21 know that?
22 A. I do not know that, and that is exactly the opposite of my
23 opinion. I have a very high consideration of Ramus Aradinai.
24 Q. All I'm asking you is whether you know what Elefteros wrote about
25 him, and I quoted what he said. It is a newspaper.
1 A. What is Elefteros Tipos anyway?
2 Q. Do you know that there is a Mafia in Djakovica for smuggling
3 tobacco, armaments, and this is Ramus Aradinai who is in charge of that,
4 your President? Are you aware of that?
5 A. No, I don't know that. I know that he was a good -- he's a good
6 person. He was a very good commander. He was a very skilful commander,
7 and is a good, young politician.
8 Q. 1986, he did his military service in the JNA, the Yugoslav
9 People's Army, and after that, for a number of years, he was in the French
10 Foreign Legion. Do you know that?
11 A. The one I know and the other I didn't know. I have never asked
12 him, so he never told me.
13 Q. Do you know that he was the organiser of armed activities by
14 Albanian terrorists in Macedonia and in Southern Serbia in recent months?
15 Do you know about that?
16 A. No. On the contrary. But I know on the contrary, from
17 conversations, that we had to exert our influence in the Presevo Valley
18 and Macedonia to calm the situation and get rid of the violence there.
19 Q. Do you know that Aradinai is accused of having committed the
20 murders of a number of Albanians and Serbs?
21 A. No. And I don't think that there could ever be any possible
22 evidence for such accusations. I haven't heard of any anyway.
23 Q. Is it true that Aradinai was wounded when he threw bombs at a
24 house, the house of a Sadik Musai, a fellow Albanian from the party?
25 A. The information you're bringing here you've got -- you were very
1 badly informed. I would ask you to be more careful with the information
2 you present.
3 JUDGE MAY: Don't spend any more time. Now, Mr. Milosevic, I
4 think we're getting some way from the detail of this witness's evidence.
5 We've had the questions which you've put in relation to his credibility.
6 So if you can move to another topic.
7 THE ACCUSED: [Interpretation] Very well.
8 MR. MILOSEVIC: [Interpretation]
9 Q. You spoke of the killing of Jashari yesterday in Donja Prekaz. Do
10 you know that the police surrounded the house to arrest them and that they
11 did not want to surrender themselves to the police and that they shot at
12 the policeman?
13 A. That's your -- what you're saying. I don't know any details.
14 Q. You said yesterday that the police gave them two hours to
15 surrender. So you know the details. Did you say yesterday that the
16 police gave them a two-hour time span to surrender when they surrounded
18 JUDGE MAY: No. What he said was -- just a moment. Just a
19 moment. What he said was that you, Mr. Milosevic, said that to him. That
20 was his evidence yesterday, that you said it to him.
21 THE ACCUSED: [Interpretation] That I told him that they had two
22 hours to surrender.
23 MR. MILOSEVIC: [Interpretation]
24 Q. Do you know that Jashari -- let me say before that, do you know
25 that for those two hours -- during those two hours it was the women and
1 children that came out of the house mostly?
2 A. I don't know, but I know that women and children were murdered in
3 the house and around the house.
4 Q. The ones that came out of the house certainly weren't killed, but
5 do you know that Jashari killed even his own uncle at the time because his
6 uncle wanted to go out and surrender? I don't know whether it was his
7 mother's or his father's brother, but an uncle any way. The uncle wanted
8 to go out and surrender, but Jashari shot him. This is contained in the
9 court reports pertaining to the investigation of the event that took
11 A. I don't know, and I don't believe it.
12 Q. Do you consider that a two-hour time period is insufficient for
13 terrorists to decide whether they're going to give themselves up or not
14 and that once those two hours had expired they once again opened fire at
15 the policemen and that those who thought -- who wanted to leave the house
16 left? Do you consider that any other police force anywhere in the world
17 would have fled when somebody was shooting at it from a barricaded house
18 behind whose walls there were killers? Is that you're opinion?
19 A. I have nothing to do with police operations, so I can't answer
20 your question. But what I know is that you killed civilians, children.
21 Twelve -- twelve thousand civilians, including old people, women,
22 children, pregnant women, saying all the time that you were fighting
23 terrorism. That I know.
24 And in the case of the Jasharis, after them you killed -- around
25 them you killed women and children.
1 Q. Do you know about the experience the police force had in that same
2 place, Donji Prekaz, on the 13th of May, 1981, when in following
3 barricaded criminals four policemen lost their lives, and the fifth
4 policeman died later on, succumbing to his serious wounds? Because
5 ethnicity is essential. There were three Serbs and one Muslim and one
6 Albanian. They were policemen who were killed in the conflict with those
7 criminals. I assume that you think that five policemen should have been
8 killed once again by Jashari whom, as you know, killed Serbs and Albanians
9 in order to loot them and pilfer them. He killed them for money. He
10 wasn't very -- he didn't mind killing an Albanian or slitting his throat
11 if an Albanian happened to have some money on him.
12 JUDGE MAY: [Previous translation continues] ... question.
13 THE INTERPRETER: Microphone, please. Could the speaker switch on
14 his microphone, please? Microphone, please.
15 A. No.
16 THE INTERPRETER: The interpreters did not hear the question. The
17 microphone was off.
18 JUDGE MAY: Mr. Bakalli, I think we've dealt fully with this, and
19 you've given your evidence.
20 THE ACCUSED: [Interpretation] May I continue?
21 MR. MILOSEVIC: [Interpretation]
22 Q. [No translation]
23 JUDGE MAY: We're not getting any interpretation.
24 MR. MILOSEVIC: [Interpretation]
25 Q. You said yesterday that people were put into prison for political
1 reasons in my day, but nobody could have been imprisoned --
2 JUDGE MAY: Yes. Go on.
3 MR. MILOSEVIC: [Interpretation]
4 Q. -- for political reasons.
5 Let me repeat the question. You said that yesterday in my day
6 there were people who were put in prison, arrested, for political reasons,
7 and I say that nobody was allowed to be imprisoned for political reasons
8 and arrested.
9 If what you said is true, if what you said is true, that in prison
10 there was an Albanian, for political reasons, an Albanian had been put in
11 prison for political reasons, did you do anything about it, and did you
12 raise the issue in any of the Western embassies where you said you went to
13 attend receptions? Did you raise that question and issue with Amnesty
14 International, perhaps, or Helsinki Watch or the Yugoslav authorities?
15 How come you did nothing about it? You did not raise this issue because
16 you know that if you had to it would have at least become public knowledge
17 that there was a man, some poor sufferer, who had been arrested by the
18 authorities. Did you raise those issues at all?
19 A. I raised them in -- to the organs of civil rights in Serbia and
20 all the states in Europe and America, the organs of the United Nations
21 too. Everywhere we said, we told them that you are imprisoning people for
22 political reasons. And as a total, you were keeping 2.000 Albanians in
23 prisons for -- imprisoned for political reasons. You know how they were
24 taken, how they were imprisoned.
25 In Djakove, for instance, they just took people out of their
1 houses, in the streets, and sole -- and sent them off to prison in
2 Serbia. There was even -- there was some sort of formal sentence that was
3 passed on them without a normal legal procedure being carried out, and
4 they were sentenced to Draconic sentences and were taken off to prison. I
5 know that I'd like to make another accusation here.
6 Q. And what were the sentences? How long were the sentences?
7 JUDGE MAY: Let us wait for the next question. Yes. The next
9 MR. MILOSEVIC: [Interpretation]
10 Q. Apart from that propaganda about the so-called arrest of people,
11 did you ever state the names of the people who had been arrested
12 allegedly? Yes or no? Who did you give the names to of those arrested
13 people, people who were arrested for political reasons?
14 A. Please, Honoured Court, you should be aware that there are many
15 humanitarian societies, even in Serbia, who know the names better than I
16 do. Pressure was exerted against them from the state. They themselves
17 wanted the prisoners to be liberated, the Albanian prisoners who were in
18 Serb prisons. I'm not talking about normal prisoners, normal convicts.
19 I'm talking about political prisoners under the reign of Milosevic.
20 JUDGE MAY: You were asked who you gave the names -- you were
21 asked who you gave the names to.
22 A. There are two or three Serb councils there -- which are
23 maintaining a very positive attitude. Mrs. Biznarko knows. Another
24 distinguished lady - I don't remember the name now - knows about them.
25 Then all -- all the international institutions engaged in human rights
1 protection know them, as well as the Kosova Council for the Protection of
2 Human Rights and Freedoms. They all know the exact names, and they have
3 sent these names to the relevant bodies, whereas the prosecutors, many
4 prosecutors, always go to the Minister of Justice of Serbia and present
5 him the names. So the Serbian authorities know. They know whom am I
6 talking about, who the political prisoners are.
7 MR. MILOSEVIC: [Interpretation]
8 Q. I'm asking you for the names of the victims, the alleged victims
9 that you are speaking about and not the name of the lady, as you say, that
10 you contacted. Do you have the names of those victims?
11 A. We have the names of the political prisoners as well as the
12 victims. For the moment, I don't have them with me. I might tell that --
13 I might tell you only that I remember -- I told you the name of Ukshin
14 Hoti, the way he was taken out of prison and disappeared without leaving
15 any trace. Then I -- many other names I may give you at any other moment
16 as pieces of the evidence or through witnesses to The Hague Tribunal.
17 Q. Therefore, to clarify things, you say that there were political
18 prisoners who were condemned for political reasons, for verbal offences.
19 Do you know that we have abolished verbal offence as such from the
20 Criminal Code?
21 THE INTERPRETER: The witness said, "Yes," earlier.
22 A. Yes, but they changed it later. For example, the accusations made
23 against a large number of youths who are sent to prison was that you have
24 invited NATO to come here and that you are the rear front of KLA. They
25 didn't have any arms, any uniforms on them. They were taken to prison
1 right from the street or from the homes.
2 MR. MILOSEVIC: [Interpretation]
3 Q. You're talking about the KLA terrorists who were arrested? Is
4 that who you're talking about?
5 A. No, I'm not talking about them. I'm talking about ordinary
6 citizens who were taken away from their homes in Djakove, for example.
7 They did not have anything to do with KLA. But you accused them in order
8 to fill the Serbian prisons with them. And I think that those 2.000
9 people who are detained in prison, in Serb prison, were not only -- were
10 not political prisoners.
11 Q. Let's leave to one side the time of war. I'm talking about the
12 time prior to the war and throughout the last 12 years. Were there any
13 political prisoners in the prisons themselves before the terrorists?
14 A. Yes.
15 Q. There were? Is that what you're saying? Do you know who they
17 A. Ukshin Hoti is one example. He was tried eight years ago.
18 JUDGE MAY: Yes. Mr. Milosevic, it's now half past ten, and we're
19 going to adjourn for 20 minutes.
20 How much longer do you think you're going to be with this
22 THE ACCUSED: [Interpretation] It depends on his answers. I have
23 questions and subquestions, Mr. May. I will probably need about one or
24 two hours. Who knows? It all -- my questions have to do with what the
25 witness said yesterday. So many lies. That many lies demands a lot of
1 questions, and that is why the Court is here.
2 JUDGE MAY: We're not -- we're not going to listen to any comments
3 now, but we should aim, if possible, to finish this witness today.
4 Has the amicus got any questions?
5 MR. WLADIMIROFF: No, Your Honour.
6 JUDGE MAY: Thank you.
7 --- Recess taken at 10.30 a.m.
8 --- On resuming at 10.55 a.m.
9 JUDGE MAY: Yes, Mr. Milosevic.
10 MR. MILOSEVIC: [Interpretation]
11 Q. You said yesterday that Albanians were dismissed from work en
12 masse, although you know full well that there was a directive issued by
13 Albanian separatist parties to boycott going to work. Do you know this
14 word, "boycott," and the concept that I just described? Is it familiar to
16 A. As far as I know, the independent labour union of Kosova did
17 indeed use the word "boycott" in order so that the workers of Kosova would
18 not sign the declaration of loyalty towards the Serb state.
19 Q. That's another issue. But since you've just opened it up, I have
20 to digress myself. What declaration on loyalty to the Serbian state are
21 you talking about? Was there a declaration on loyalty to the Serbian
22 state; yes or no?
23 A. Yes, there was a declaration of loyalty towards the Serb state in
25 Q. Who wrote this declaration?
1 A. The responsible organs of the Serb state in Kosova.
2 Q. Since this is the first time that I've heard about some
3 declaration of loyalty, could you please give us the text of this
4 declaration? Could you provide it for us, this declaration of loyalty to
5 the Serbian state that allegedly Albanians were required to sign?
6 A. Yes. I can bring it to Court as soon as I return to Pristina and
7 get it.
8 Q. Are you aware that nobody in Serbia knows or has heard of this
9 declaration, starting from me?
10 A. No, I did not know that.
11 Q. But as I understand it, you are familiar with the word "boycott"
12 when referring to work obligations proclaimed by the so-called Independent
13 Trade Union of Kosovo?
14 A. Yes, because the trade unions were under pressure from the
15 membership as to what to do if people would be asked -- forced to sign
16 such a declaration.
17 Q. So you claim that they were required to sign a declaration in
18 order to be able to work?
19 A. Yes.
20 Q. Can you provide us with one of those signed statements or
22 A. Yes. I'm sorry, I don't have it with me at the moment.
23 Q. Do you make a distinction between a person who is dismissed and a
24 person who boycotts going to work?
25 A. In this specific case, there is no distinction, because Albanian
1 workers were collectively put in an intolerable position, collectively and
2 personally, each one, to be forced upon their knees. They were forced on
3 their knees, and for this reason, it's the same as being thrown out of
4 your job.
5 Q. And through what means were they thrown to their knees?
6 A. By the fact that they were being forced to show loyalty to the
7 Serb state.
8 Q. Since that is not true, can you perhaps tell us what document
9 issued by the government of Serbia asked for this declaration of loyalty
10 by Albanian residents?
11 A. I'm sorry, I don't have one of these forms with me, but,
12 Honourable Judges, I am sure I can send it from Pristina.
13 Q. All right. Since we're talking about this now, since we are
14 mentioning the power structure in Serbia, which body was responsible for
15 issuing this declaration? Was it the government? Was it the parliament?
16 Was it me, as the president of the Republic? Was it some ministry? So
17 which body within the power structure, according to you, issued this
18 phantom-like declaration that had to be signed?
19 A. I cannot answer the question concretely.
20 Q. Is it possible that something that is being carried out en masse,
21 and publicly, can in fact be issued in secret and then distributed; yes or
23 A. I have no comment to your question.
24 Q. I'm asking you, yes or no. You are not giving an interview to the
25 newspapers here. You are under oath.
1 A. I realise that I am before Court. I'm telling you, the accused,
2 that I do not wish to reply.
3 JUDGE ROBINSON: Mr. Bakalli --
4 THE WITNESS: Yes.
5 JUDGE ROBINSON: You have seen this document?
6 THE WITNESS: [Interpretation] Yes.
7 JUDGE ROBINSON: And you know who issued it, where it came from?
8 THE WITNESS: [Interpretation] This document came from the
9 directorates of the authorities which were imposed by Belgrade upon the
10 companies in question.
11 JUDGE ROBINSON: [Previous translation continues] ... the document
13 MR. MILOSEVIC: [Interpretation]
14 Q. Does that mean --
15 JUDGE MAY: [Previous translation continues] ... question.
16 THE WITNESS: [Interpretation] The document was distributed and was
17 imposed by the authorities forced upon Kosova companies from Serbia, by
19 JUDGE ROBINSON: Continue, Mr. Milosevic.
20 MR. MILOSEVIC: [Interpretation]
21 Q. So this story about the declaration is becoming a bit more clear
22 to me. So as I understand it, you are claiming that the administrative
23 bodies, or administrative organs of the Kosova enterprises were appointed
24 by the authorities in Belgrade and that these organs of enterprises asked
25 their employees to sign some declarations.
12 Blank pages inserted to ensure pagination corresponds between the French
13 and English transcripts. Pages 582 to 592.
1 A. Yes.
2 Q. And based on that, you conclude that this task was assigned to
3 them by the government of Serbia?
4 A. Yes.
5 Q. And this is something that you saw happen?
6 A. Yes.
7 Q. And an enterprise. Which enterprise?
8 A. In Trepca, the thermoelectric centre in Obilic. Those two cases I
9 know of.
10 Q. So in two enterprises you know that somebody asked Albanian
11 employees to give this loyalty declaration?
12 A. Yes.
13 Q. And what was this supposed to mean, this loyalty declaration?
14 They were citizens of Serbia. What loyalty are we talking about here?
15 A. The meaning was that Albanians in Kosova, they did not feel that
16 they were citizens of Serbia, and they declared in a referendum that they
17 were for the Republic of Kosova.
18 Q. And what is stated in that declaration that they had to sign in
19 the Trepca and Obilic enterprises?
20 A. A free interpretation would be: I am loyal to the Serb state, to
21 the Serb government, and to the leadership of Serbia and the leadership of
22 the enterprise.
23 Q. Do you mean the leadership of the enterprise or the leadership of
25 A. Leadership of the enterprise.
1 Q. Does that mean that the employees were supposed to give a
2 confidence vote to the leadership of their enterprises?
3 A. No. They had to give their loyalty -- or to vote on their loyalty
4 about the Constitution, the constitutional change in Serbia, under which
5 the autonomy of Kosova was annulled.
6 Q. You are saying that the constitutional changes, in fact, abolished
7 the autonomy of Kosova; is that what you're saying? We will get to that
8 question later on.
9 A. Yes. It could be called autonomy today, yesterday, or under your
10 reign, but the contents of the autonomy, that's what you destroyed.
11 Q. So to my question concerning whether you made a distinction
12 between a person who was dismissed and a person who boycotts going to work
13 implied that there was no difference between them. Did I understand you
15 A. In this case.
16 Q. Yes. And you explained that you supported that with a political
17 view, political position of those who wanted an independent Kosovo.
18 A. Yes.
19 Q. Is the political position concerning the status of some territory
20 from the constitutional, legal point of view have anything to do with the
21 right to employment and work that somebody has at any enterprise? Yes or
23 A. Yes, it has a connection.
24 Q. That means that those who want Kosovo to be a republic can boycott
25 going to work to Trepca and Obilic for legitimate reasons? Yes or no?
1 A. Yes, because the enterprises were -- had been transformed into
2 state enterprises of Serbia, and their leadership were appointed from
4 Q. The power company was -- in Serbia was always a state-owned
6 A. The electric company was always a big Serb company as a state
7 organisation and -- but had no connection with other similar enterprises
8 in Kosova such as ElektroKosova. ElektroKosova was never under --
9 subjected to the Serb electric company. It was only when Milosevic
10 arrived and the changes, the constitutional changes, took place.
11 Q. Since you know yourself that that is not true because the
12 electrical power system is something that is of a comprehensive nature and
13 has to be linked between its various components, so the electrical power
14 of Kosovo could be as independent as the one in Vojvodina and other areas,
15 and you know that the electric power system is one unit.
16 A. Yes, from a technical point of view and from technical questions,
17 of course. But they were completely -- the two enterprises were
18 completely independent of one another. They had no links.
19 Q. Let's leave your opinion aside. You've just explained to us that
20 the workers in Kosovo had every reason to boycott going to work because of
21 political reasons, because they wanted Kosovo to be an independent
22 republic. Yes or no?
23 A. Yes.
24 Q. Which means that they boycotted going to work for political
25 reasons, not because they were dismissed. This is the very reason I asked
1 you whether you made a distinction between somebody who boycotted going to
2 work and somebody who was dismissed. There is no country in this world
3 where somebody can refuse going to work for political reasons and then
4 claim to have been dismissed. Nowhere in the world can you see an example
5 of this. You said so, I think. Everything is clear now. We can go on.
6 A. It is clear.
7 Q. You said that Albanians did not attend the celebrations in
8 Gazimestan, the celebrations of the battle.
9 A. They did not.
10 Q. Are you sure that out of 2 million people in Gazimestan there was
11 not a single Albanian?
12 A. I can be -- if I'm sure that there was any Albanian there, there
13 might be one, but I know that the Albanians did boycott your speech in
15 Q. Are you aware that the entire Presidency of Yugoslavia, including
16 representatives of all Yugoslav republics, were present at Gazimestan?
17 Yes or no?
18 A. No. Exactly the opposite. None of the members of the
19 leadership -- some of the members of the leadership, under your
20 insistence, were there. The Slovenes arrived but not the others. There
21 were not even diplomatic representatives there, then no Albanians.
22 You tried to raise a mass atmosphere there for your own political
24 Q. Mr. Bakalli, do you know that there is film footage and TV footage
25 showing that, without exception, representatives of all republics attended
1 the event at Gazimestan, including the Presidency of Yugoslavia? And with
2 the exception of one or two members of the Diplomatic Corps, all members
3 were present. Do you know this?
4 A. I don't know that, and I don't believe it. Well, there may have
5 been, but not the way you say it was.
6 Q. So you are saying that this is not how it was. Excellent.
7 A. Yes.
8 Q. Based on what do you believe that none of the Albanians should
9 have attended the celebrations in Gazimestan?
10 A. I didn't say they ought not to attend. I said that they did not
11 attend, the Albanians, because they felt themselves -- I understood the
12 motives of Milosevic and why he held that big celebration. They were only
13 nationalists. There were nationalist reasons. There were 2 million Serbs
14 from all southern Serbia who arrived in Kosova. They knew what type of
15 speeches would be held there, and when the -- the speeches were heard,
16 they realised it was true.
17 JUDGE MAY: We will get on more quickly if you keep your answers
18 fairly short, please.
19 Mr. Milosevic, we have, I think, exhausted this topic now.
20 MR. MILOSEVIC: [Interpretation]
21 Q. You said that based on the 1974 Constitution everything was fine.
22 This Constitution was amended in 1989; is that so?
23 A. Yes.
24 Q. And you do know, don't you, how many demonstrations there were
25 prior to 1989? So between 1974 until 1989 when, according to you,
1 everything was perfect, do you know how many destructive demonstrations
2 with the same requirement for a Kosovo republic were there? Do you know
3 about these demonstrations?
4 A. Yes, I know about the demonstrations, but didn't say that the
5 Constitution of 1974 was the best possible solution. The Constitution of
6 1974 was a compromise between the will of the Albanian people, which
7 didn't want any -- to have anything in common with the Serb government and
8 with Serb rule and wanted to be an independent republic and the situation,
9 the balance of forces at the time in Yugoslavia in which -- under which
10 it -- full autonomy had been given to them within the federation within --
11 but within the framework of Serbia. There were, even after the
12 Constitution was approved and later, and in 1981 and after 1981, there
13 were many, because the objective of the Albanians was to have that Kosova
14 be a republic, not like -- like Croatia, like Slovenia.
15 Q. These demonstrations in 1981, were they justified?
16 A. The demonstrations of 1981, in fact, expressed precisely this
17 objective of the Albanian people who wanted to bring about such changes to
18 ensure that Kosova became a republic. Since I was chairman of the
19 regional committee, I say then and I say now that they were not
20 reasonable. I did not solidarise with them. I did not solidarise,
21 however, with the assessments made by Serbia and by Yugoslavia, namely
22 that these demonstrations are a counter-revolution. In the communist
23 vocabulary, it means use of violence, unlimited violence against the
24 people. That is why I had a conflict with the party that I belonged up to
25 that moment.
1 Q. With the constitutional changes in 1989, were the Albanians --
2 were any human rights or civil rights or minority rights abolished with
3 those changes of the Constitution?
4 A. Yes.
5 Q. And we knew -- you know what I mean by human rights, civilian
6 rights, minority rights. With the 1989 constitutional changes, were the
7 Albanians stripped of any of these rights, human rights, civil rights, and
8 minority rights?
9 A. Following the changes you made to the Constitution in 1989, some
10 individual rights, civic rights, and national rights of Albanians have
11 been impaired.
12 Q. Which rights were abolished? It is easy to say. You have the
13 1974 Constitution, and you have the amendments in 1989. Now, tell us,
14 please, which were the human, civil, and national rights that the
15 Albanians were stripped of that had existed in the 1974 -- under the 1974
16 Constitution? What did the changes, the amendments abolish? Tell us,
17 please. Enumerate just one of them, just one.
18 A. The right to organise themselves, to have their own
20 THE INTERPRETER: "Self [inaudible]", says the witness.
21 A. And to promote, culture, science, all the functions which they had
22 before under the autonomy granted by the Constitution of 1974. All had
23 been taken away.
24 Isn't it a violation of the collective civil and human rights?
25 MR. MILOSEVIC: [Interpretation]
1 Q. Mr. Bakalli, I am asking you whether the constitutional changes
2 took away any of the rights of the Albanians, civil rights, civic rights,
3 human rights?
4 A. I say substantially yes.
5 Q. You will have to compare the 1974 Constitution and the 1989
6 amendments and tell us: Which right was abolished by which constitutional
7 amendment? Are you able to do that?
8 A. I'm trying to do that now orally. You have taken away the
9 elementary right of self-governance, which we used to do in an autonomous
10 way. You took away our right to have our own police. You took away our
11 right to make our own political forecasts. You took away our right to
12 have our own education and prepare our own curricula. But excuse me, I
13 can later, if Your Honours are interested, I can bring you further details
14 explaining to you where our elementary rights have been violated as
15 citizens and as a nation, these constitutional amendments that were
16 dictated to us by Milosevic.
17 JUDGE MAY: I have no doubt that in due course, these documents
18 will be put in front of us and we will be able to make our own minds up
19 about them.
20 Yes, Mr. Milosevic.
21 MR. MILOSEVIC: [Interpretation]
22 Q. Mr. Bakalli, do the Albanians have their own national state? Yes
23 or no, please.
24 A. Yes.
25 Q. What is the name of that state?
1 A. Republic of Albania.
2 Q. Republic of Albania, you say. Is Kosovo part of Albania?
3 A. No, it is not. Kosovo is not part of the -- sorry. Yugoslav.
4 You said Serb. Sorry. It's not part of the Albanian state.
5 Q. Is Kosovo an autonomous province within Serbia?
6 A. It used to be, and that was a compromise solution reached at given
7 moments of our history, but --
8 Q. What moment of history are you talking about?
9 A. I'm talking about the Constitution after the Second World War, and
10 we have always had the status of autonomy in the context of Serbia.
11 That's a fact. But the objective, the aspiration of the Albanian people,
12 as of 1912, has always been that this was the wrong solution for them, to
13 have Kosova under the Serb state, and this has been always the case with
14 the Albanian people, thinking that Kosova does not like to be under the
15 rule of Serbia. Therefore, the Albanian people of Kosova have declared
16 their will to set up their own independent Republic of Kosova, outside the
17 jurisdiction and rule of Serbia.
18 Q. Is Kosovo and Metohija -- were they an autonomous province, both
19 according to the constitutional changes of 1989?
20 A. Formally, yes. By name, yes, but not in the content, in essence,
21 because nothing was decided by the Kosova institutions.
22 Q. Do you give those explanations from the aspects of an independent
24 A. I didn't understand the question. Please repeat it.
25 Q. Are you giving us those explanations from the standpoint of an
1 independent Kosovo?
2 A. I am giving this assessment in terms of the autonomy Kosova
3 enjoyed before you came to power and before you amended the constitutional
4 position of Kosova. With respect to the people of Kosova, they are not in
5 favour of your Constitution and not in favour of our Constitution of
6 1974. That is, they are determined to have their own Republic of Kosova,
7 where all citizens are equal - Turks, Bosnians, Romas - to have
8 interethnic tolerance, which at this moment does not exist, but we are
9 going to build it, establish good relations, neighbourly relations with
10 Serbia and its people, as well as Montenegro, Macedonia, and Albania.
11 This is our objective, to have independent Kosova.
12 Q. So you are now striving, in fact, for an independent Kosovo. Do
13 you know that the conditions under which the war was stopped, and in the
14 name of Chernomyrdin and Ahtisaari brought in, are such that they
15 guarantee the sovereignty and territorial integrity of Yugoslavia, and
16 that it is on the basis of conditions accepted in this way that the 1244
17 resolution of the United Nations Security Council was brought in, in which
18 all this was reiterated, repeated, guaranteeing the sovereignty and
19 territorial integrity of the Federal Republic of Yugoslavia, and that this
20 enabled and guaranteed the protection of all the citizens of Kosovo, the
21 population of Kosovo, and a political solution to the issue? By what you
22 are now saying, are you yourself, therefore, against showing respect for
23 the conditions under which the war was stopped and are against respect of
24 the United Nations Resolution 1244, UN Security Council Resolution 1244,
25 which sets this out and establishes that?
1 A. No. I said that what the objective and aspiration of the Albanian
2 people of Kosovo is, but we all respect and abide by Resolution 1244,
3 endorsed by the Security Council, and we think that there is still a long
4 way to go before we will need the international administration of Kosova
5 for quite some time, before we start the process of starting to build our
6 democratic, political, and state institutions in Kosova, and then, from
7 that, we can start negotiations on determining the final status of
8 Kosova. But even when that time comes, I want to tell you what the
9 orientation, the inclination, and determination of the Albanian people of
10 Kosova is. This does not run counter in any way to Resolution 1244. We
11 have never sought to make changes of the existing borders; that is, we do
12 not want to impair in any way the territorial integrity of Yugoslavia. We
13 want to respect it. Regarding the sovereignty of Yugoslavia and Serbia in
14 Kosova, it is not existent for three years now, and the new reality is
15 such that they do not have any sovereignty there.
16 JUDGE MAY: Mr. Bakalli, I think we're now moving some way from
17 the subject matter of this trial.
18 Mr. Milosevic, can we go on to another topic now?
19 MR. MILOSEVIC: [Interpretation] Yes, we can, but I just have to
20 indicate the fact that this rhetoric on the alleged respect of the
21 conditions under which the war was stopped and Resolution 1244 is in
22 complete contradiction with the answer given previously, when asked
23 whether he strove for an independent Kosovo. But I will move on.
24 Q. You said that the people of Kosovo, at a referendum, decided for a
25 Kosovo republic, that they opted for that. What about the Serb people in
1 Kosovo? Did they opt for a Kosovo republic as well?
2 A. No, or not yet. I hope that tomorrow, sometime in the future, the
3 Serb people of Kosova, as citizens of Kosova, will share their fate with
4 the bulk of the Kosovars who are Albanians and will reconcile to the fact
5 that they are no longer citizens of Serbia but are citizens of Kosova, who
6 have full rights and are guaranteed -- their life is guaranteed in the
7 Republic of Kosova.
8 Q. Mr. Bakalli, I understand your need to use all this rhetoric and
9 to utter all these things, in view of your newly established political
10 positions, but I should like you to answer my questions with a yes or no,
11 because they have all been put in such a way that a yes-or-no answer is
12 possible. So what I have just asked you is whether the Serb people in
13 Kosovo opted for a Kosovo republic.
14 A. Not yet, I said.
15 Q. Not yet, you say. What about the Turks? Did they come out in
16 favour of a Kosovo republic, the Turks in Kosovo? Or to make it shorter,
17 without asking you one by one, the Goranis, the Muslims, did they too opt
18 for Kosovo republic? And whether your uni-national referendum for a
19 Kosovo republic, a territory which is part of Serbia and where seven
20 ethnic groups live, do you identify the Albanians with the Albanian
21 nation, with the Albanian people, and part of the territory of a sovereign
22 state with the status of a right to secession, whereas a moment ago you
23 said that the Albanians have a national state of their own and that the
24 name of that national state is the Republic of Albania? Do you therefore
25 consider that the Albanians should have two states and the Serbs not have
1 a single state?
2 JUDGE MAY: Just a moment, Mr. Milosevic. Mr. Milosevic, we're
3 getting away from the original question. The original question -- just,
4 Mr. Bakalli, listen. The original question was: Did the Turks - and one
5 or two other nationalities were referred to - did they support the
6 referendum or not? Did they favour a Kosovo republic or not? Perhaps you
7 can answer that shortly.
8 THE WITNESS: [Interpretation] Under the will and the election
9 programmes of the political parties of Bosnians, Romas, Turks, they are
10 all -- they have stated they are all for declaring Kosovo an independent
11 republic. The Serbs, no.
12 JUDGE MAY: Very well.
13 THE WITNESS: [Interpretation] Not yet.
14 JUDGE MAY: Very well. That is the answer.
15 Yes, Mr. Milosevic.
16 MR. MILOSEVIC: [Interpretation]
17 Q. Do you know of a single state, a single country, in which a
18 national minority proclaimed its own state while killing and evicting all
19 the other inhabitants and citizens? Do you know of a single example in
20 the world? Can you quote a single example? Let me repeat --
21 A. I'm clear. I can't cite here world examples, but please, don't
22 forget that when we are talking about Kosova, we are talking about 90 per
23 cent of its population being Albanian, and their rights can be granted
24 only if they have their independence from Serbia. But by establishing the
25 Republic of Kosova, we are not saying that they are establishing the
1 Albanian Republic of Kosova. We will establish the Republic of Kosova,
2 composed of all the nationalities, all the ethnic groups, who have equal
3 rights. It would be absurd to say that there are two national states.
4 The Republic of Albania is an Albanian state, Kosova is state of Kosovars,
5 where 90 per cent are Albanians.
6 JUDGE MAY: Next question, please.
7 MR. MILOSEVIC: [Interpretation]
8 Q. I asked for an answer to my question, and I didn't ask for a
9 speech about Albanian separatism. What I asked was very specific. I
10 asked: Do you know of a single country in which the national minority
11 proclaimed its state and killed and evicted all the other citizens with
12 the state proper agreeing to that and allowing that to happen? Do you
13 know of any such example or not?
14 A. Albanians are not a national minority in Kosovo.
15 JUDGE MAY: We've taken this as far as we can. Mr. Milosevic,
16 move on, please.
17 MR. MILOSEVIC: [Interpretation]
18 Q. In view of the fact that a moment ago you stated that you did not
19 agree -- you expressed your disagreement from earlier days and you failed
20 to answer my question of why demonstrations existed from 1974 until 1989
21 when everything was fine, I would like to remind you of certain events,
22 and I should like to ask you to answer some of my questions in that
24 Why were there demonstrations in 1981, for example, when the
25 Constitution was changed 18 years later in 1989 or, rather, eight years
1 later in 1989? Why were demonstrations held then in 1981?
2 A. I think I answered this question, but I will, however, say that
3 these demonstrations wanted the acceleration of the process for the
4 building of Kosova outside any state links with Serbia, that is, for the
5 republic of Kosova.
6 Q. Very well. You say that those demonstrations called for a
7 development -- do you remember that you yourself were President of the
8 Committee of National Defence and Social Self-protection at the time the
9 demonstrations were being held in Kosovo?
10 A. Yes.
11 Q. Do you remember that you personally, Mahmut Bakalli, in your
12 capacity as President of the Committee for Total and National Defence, or
13 All People's Defence, on the 2nd of April, at a meeting asked for the
14 Yugoslav People's Army to bring tanks out onto the streets?
15 THE INTERPRETER:
16 A. [Indiscernible], says the witness.
17 MR. MILOSEVIC: [Interpretation]
18 Q. There are transcripts and reports about that, Mr. Bakalli.
19 A. This is not at all true. When the state Yugoslav leadership -- I
20 don't remember the date.
21 Q. Very well. Your answer is no, then, is it?
22 A. No. Then I said this is not right to use the army.
23 JUDGE MAY: Both of you, one moment.
24 Now, you may make a short explanation, Mr. Bakalli.
25 THE WITNESS: [Interpretation] I have always thought that we should
1 not dramatise demonstrations of 1981, should not involve in them the
2 army. The Yugoslav leadership, the state, not the party, the state
3 leadership - they were eight persons - they have decided without my
4 presence - I was in Pristina then - to mobilise the army, the Yugoslav
5 army in Kosova. I expressed my displeasure at that, and I felt really bad
6 when I saw a commander, military commander, telling me that he had orders
7 to bring the army troops in the streets, which I considered an erroneous
9 JUDGE MAY: Very well. Very well. You've given -- you have given
10 the explanation. You have given the explanation.
11 Yes, Mr. Milosevic.
12 MR. MILOSEVIC: [Interpretation]
13 Q. It is not contestable that the army is led by the federal peaks of
14 power. Therefore, it is not contested that the Presidency ordered that
15 tanks go out onto the streets. But it is being contested -- what I asked
16 you is being contested, that they ordered that at your request, at your
17 demand. You called upon the JNA to bring out the tanks on that 2nd of
18 April. Yes or no?
19 A. No.
20 Q. The next question. On that same day at 1700 hours, you called for
21 the aeroplanes to be taken out as well. Yes or no?
22 A. No.
23 Q. Do you remember that on the 17th of April, 1981, that is to say
24 several days later when the situation had calmed down, you held a press
25 conference with foreign journalists?
1 A. Yes.
2 Q. Do you remember, furthermore, that you told the foreign
3 journalists, and I quote you, Mr. Bakalli, from the newspapers, you said
4 the following: "The demonstrations, for us, were not a surprise, but the
5 brutality of the enemy was." Do you remember having said that?
6 A. Yes, I have said -- I may have said even worse things.
7 Q. What did you say?
8 A. It is possible. I may have used even harsher terms. I was not in
9 solidarity with those demonstrations, but I was not also for them being
10 called anti-revolutionary, counter-revolutionary.
11 Q. Do you remember having said on the occasion, and I'm going to
12 quote you literally again, I'm not going to recount but to quote: "The
13 Albanian nationalists are the aiders and abettors of the occupiers against
14 the true interests of the Albanian people"?
15 A. I have nothing against that. I agree with you there.
16 Q. But did you say that on that occasion?
17 A. I said that and I say now that I have my reservations against
18 Albanian nationalism. It is possible that I said that.
19 Q. So you confirm that you did.
20 A. Yes.
21 Q. Asked by a foreign journalist that you were not too hardcore
22 toward the demonstrators, that you said, and I quote you again: "We're
23 not dealing with our hardcore qualities. Their requests are not only
24 political but are of a hostile nature in comparison with our
25 Constitution." Correct?
1 A. You have collected all my statements in the press. I personally
2 have forgotten those times. But it is possible, Mr. Milosevic. I was
3 then and I am now, I think, of the opinion that the demonstrations of 1981
4 were not necessary. But they wanted, as I said, to have a republic for
5 Kosova. But Constitutions cannot be amended through demonstrations staged
6 in the streets. I think that they should be changed in the manner through
7 normal democratic procedures which should be provided by the Constitution
9 Q. Mr. Bakalli, will you please give me a yes or no answer? I quoted
10 your statement. Was it yours or not?
11 Say -- I didn't collect any information, because I didn't know
12 that you would be a witness. I do not receive any mail. I read in the
13 newspapers that you would be a witness, and I read your denial where you
14 say you wouldn't be a witness. So until yesterday, I didn't know whether
15 you were actually going to be a witness or not, and I'm just taking into
16 account what you said yesterday.
17 JUDGE MAY: Mr. Milosevic, what's the question?
18 Mr. Bakalli, I think you were being asked about your statements in
19 1981, and your answer appears to be that you don't remember, but it's
20 possible that you did say those things. Is that right?
21 THE WITNESS: [Interpretation] Yes. Yes, it is possible that I
22 said that. But this does have nothing to do with the process of
23 Milosevic, the trial of Milosevic. I don't see the relation.
24 JUDGE MAY: Well, we'll be the judges of that.
25 Yes, Mr. Milosevic, next question.
1 MR. MILOSEVIC: [Interpretation] I agree that this has nothing to
2 do with my trial nor is this a trial, but let me continue.
3 Q. Was your assessment, and I quote again at the time: "Albanian
4 nationalism and irredentism was the basic form of enemy hostile
5 demonstrations. The ultimate goal was clear and that was an attachment of
6 Kosovo to Albania"? End of quotation.
7 I agree with you once again that it was true that that was the
8 goal, but was that your position at the time? Yes or no?
9 A. No. I doubt that I said anywhere about Kosova's annexation to
11 Q. Yes. You've answered my question. I don't expect anything from
12 you, just to say yes or no to my questions.
13 You said yesterday that according to the 1974 Constitution, Kosovo
14 had the same rights as the other republics. Those were your words which I
15 jotted down. Now, was Kosovo a republic according to that Constitution?
16 A. Yes. In the normative part of the Constitution, it was identical
17 to all the other republics, including the Republic of Serbia.
18 Q. I'm asking you, Mr. Bakalli, in view of the fact that you've said
19 that Kosovo, by virtue of the 1974 Constitution, had the same rights as
20 the other republics, so it is on that quotation of yours that I base my
21 question. Was Kosovo a republic according to the 1974 Constitution? Yes
22 or no?
23 A. No, it was not a republic, but it enjoyed more a substantive
25 Q. Thank you. And you claim that a -- the Autonomous Province of
1 Kosovo was abolished in 1989 and that since 1989, the Autonomous Province
2 of Kosovo and Metohija does not exist, no longer exists?
3 A. Not according to the Constitution of 1974, perhaps with some
4 formal name.
5 Q. Thank you very much. Who exerted pressure for the exodus of the
6 population, the Serbs or the Albanian extremists from 1981 onwards? Do
7 you know that under pressure, up until 1988, another 40.000 Serbs left
8 Kosovo, moved out of the Kosovo? Yes or no?
9 A. I have heard about this figure also in another occasion. Allow
10 me, since this is a sensitive issue, to say that of 40.000 Serbs were
11 given out of Kosova during 1981 -- left Kosova during 1981, 1989, you
12 should know that they were not forced to leave out of the pressure of the
13 Albanians, because in fact the power was being taken over gradually by the
14 Serbs and the Serbian army forces.
15 JUDGE ROBINSON: Mr. Bakalli, what was the total number of the
16 Serb population in Kosovo at that time?
17 THE WITNESS: [Interpretation] At that time, let's say 8 per cent.
18 About 8 per cent. About 150.000 to 200.000. But it is interesting to
19 note while they have left Kosova when Serbia started to rule Kosova --
20 JUDGE ROBINSON: Never mind. Never mind that. I just wanted to
21 get the total number of the Serb population at that time, and you said it
22 was between a 150.000 to 200.000.
23 THE WITNESS: [Interpretation] Yes, about 200.000.
24 JUDGE ROBINSON: Thank you. Mr. Milosevic, continue.
25 THE ACCUSED: [Interpretation] That figure is incorrect but there
1 will be plenty of time to provide the right figures.
2 MR. MILOSEVIC: [Interpretation]
3 Q. You said yesterday that you wrote articles from 1981 and that you
4 have gone on doing so to the present day.
5 A. Not since 1981, no.
6 Q. All this time, then -- and you were critical in those articles you
7 wrote. You were critical towards the political leadership, you say. You
8 were critical towards me and so on and so forth. That's what you said.
9 Now I'm asking you whether you had any repercussions or
10 unpleasantness due to this.
11 A. Personally, no, but my friends, yes.
12 JUDGE MAY: You were asked about yourself.
13 A. No.
14 MR. MILOSEVIC: [Interpretation]
15 Q. In my day, the times you're talking about, and you refer to them
16 as "in my day," were you in any kind -- ever under any kind of house
17 arrest? Because you mentioned --
18 A. Previously.
19 Q. I see. Previously. So you weren't, were you?
20 A. No. No.
21 Q. You said yesterday, in the midst of giving some explanations, and
22 then you happened to remember just a little while later that allegedly in
23 a talk with me you told me, when the two of us had a meeting, that the
24 police was committing crimes and that I should take care, that the balance
25 of forces would not always be what it was then. And is it true that you
1 threatened me on that occasion and that you used the term "crimes"? Yes
2 or no?
3 A. And I also used the phrase that there is a clergy man above every
4 clergy man.
5 Q. Yes. I heard you say that.
6 Now, as you were speaking about apartheid, why didn't you mention
7 apartheid to me at all when you met with me ten years ago and when you
8 wrote about it, as you say, ten years ago?
9 JUDGE MAY: You have asked all that, and he has answered. He
10 said -- he said earlier, in answer to a question, that he should have
12 There's no need to answer, Mr. Bakalli.
13 MR. MILOSEVIC: [Interpretation]
14 Q. Were you in active service while I was President of Serbia and
15 Yugoslavia? Were you in any kind of active service? What do you mean
16 "active service"?
17 A. No. I didn't have any active service after 1981.
18 Q. Within the frameworks of rights and the law and all standards
19 above all European and world standards, was there an Albanian Academy of
20 Sciences until the boycott began? Is that true? Was there an academy of
21 sciences of Kosovo? Did it exist? An Albanian one, of course. Yes or
22 no, please.
23 A. The academy of science of Kosovo has existed and it exists, but it
24 is not called the Albanian Academy of Sciences.
25 Q. Yes. It's called -- it was called the Kosovo one.
1 Now, do you know the example -- can you quote the example of any
2 other country in the world where national minorities had the same rights
3 that the Albanians had? Can you quote another example in the world, of
4 any country in the world where this existed?
5 A. I don't know about what kind of Yugoslavia you are talking about.
6 If you are talking about your own Yugoslavia, I think that the example is
7 quite obvious for everyone, that there couldn't be any worse position than
8 that of the Albanians anywhere else in the world, I think. You should not
9 forget that you have committed not only crimes against Albanians, but you
10 wanted to evict them. How can you ask me now if there is any other
11 country --
12 JUDGE MAY: You're being asked about the academy, yes.
13 Yes, Mr. Milosevic. Next question.
14 MR. MILOSEVIC: [Interpretation]
15 Q. Do you know the violence exerted by Albanian extremists over Serbs
16 during the time that you were in power in Kosovo?
17 A. Violence in Kosova, even when I was in power, existed, of course,
18 but there was no pressure against the Serbs. If there has been some
19 conflicts between Albanians and Serbs, under our severe laws, we have
20 condemned them. I just want to remind you of the case of murder of an
21 Albanian -- a case of a Serb, committed by an Albanian from Pec/Peja. He
22 was sentenced to death and he was executed.
23 So I mean to say that both politically and juridically, we have
24 been very severe against any kind of pressure or any interethnic
25 conflict. You should not forget that we used to follow a positive policy
1 towards the Serbs of Kosova. They have had their jobs, they have been
2 always in a higher position than the local inhabitants. Some of the Serbs
3 have left Kosova for socioeconomic reasons. In my time, for example,
4 375.000 Albanians left Kosovo and went to Western Europe, to America, New
5 Zealand, Australia, because --
6 JUDGE MAY: Mr. Bakalli, that is enough in answer to the
8 MR. MILOSEVIC: [Interpretation]
9 Q. Therefore, as I see your reply to my question whether you knew
10 about the violence of Albanian extremists against Serbs during the time
11 you held power in Kosovo, the answer was yes.
12 A. No. There was no violence, at least not in the sense that you are
13 trying to imply.
14 Q. Do you know that after 1980 --
15 A. After 1981 -- in the army, for instance, someone had killed a Serb
16 in the army, and our judges, according to the laws, in accordance with the
17 laws, sentenced him to execution, to death, and he was executed, according
18 to law. I can't swear that the Albanians are angels and they don't know
19 how to commit crimes. I'm not saying that. But in the essence, the
20 Albanians were the subjects, and our organs were mobilised so that there
21 would be no conflict between the Serbs and other nationalities.
22 Q. Among Serbs and other nationalities, there were no conflicts at
23 all, Mr. Bakalli.
24 A. The translation was incorrect. I meant between Albanians and
1 Q. Mr. Bakalli, since you're mentioning Serbs and other
2 nationalities, you should probably know that there are 27 ethnic groups
3 living in Serbia. The legal, social, and civic status of the Albanian
4 ethnic group, as far as the state is concerned, the legal system, and
5 everything else that constitutes the status of an ethnic
6 group -- therefore, is the status of Albanians in any way different from
7 the status of Hungarians, Slovaks, Bulgarians, and so on? I don't want to
8 enumerate all of the ethnic groups. Is there anything that creates a
9 distinction as far as the legal and constitutional framework, as far as
10 the human and civic framework is concerned, within the whole system? Is
11 there any difference in the status of these ethnic groups; yes or no?
12 A. For instance -- yes. Serb nationalism, for the Serb nationalists,
13 the Albanians were simply in the way. There are 2 million Albanians at
14 the moment. You can't compare that to an occupation of, say, 20.000
15 Bulgarians, 30.000 Romanians, and others. There are 2 million Albanians
16 living on their own land.
17 Q. Mr. Bakalli, do you know that 70.000 Albanians live in Belgrade?
18 Do you know of any case of discrimination against an Albanian?
19 Furthermore, along the Boulevard of Revolution, which you walked many
20 times probably, one can see numerous shops with the names of their
21 Albanian owners. Was a window of any shop ever broken? Do you know of
22 any case of violence against the 70.000 Albanians living in Belgrade; yes
23 or no?
24 A. Yes, there were cases, both in Belgrade and in Serbia. The
25 attitude with respect to Albanians living there is something that you
1 simply do not wish to remember.
2 Q. Yes. I'd like to see some examples of that. Are you aware of
3 murders and rapes and destruction of homes and arson of homes, fields, and
4 so on? So all of these means were used by Albanian nationalists to expel
5 Serbs, and under their pressure, that I've mentioned, 40.000 Serbs had to
6 leave Kosovo. Do you know anything of this?
7 A. I think that that's exaggerated for Serb propaganda, and I don't
8 accept it.
9 Q. So dead people constitute Serb propaganda as well?
10 A. For the dead --
11 JUDGE MAY: Mr. Bakalli, there is no need to answer. We'll hear
12 further evidence in due course.
13 Anything else, Mr. Milosevic?
14 MR. MILOSEVIC: [Interpretation] Certainly.
15 Q. Mr. Bakalli, how many newspapers in Albanian were published in the
16 province up until the war, the 24th of March, 1999?
17 A. It depends on the period. Sometimes Rilindja was issued, and then
18 it was forbidden by the Serb government. And then Bujku was issued, and
19 then the Serb authorities had illegalised Bujku. And then another
20 newspaper which was issued and then banned. And then Koha Ditore, which
21 was subject to various types of pressure. And then Zeri was issued, and
22 then Zeri Javore, Zeri Ditore. So what I mean is the medias did exist in
23 Kosova. At this moment, there are a lot of media, but under Milosevic at
24 the time, they were born and then they were killed. They were born and
25 then banned, born and banned. Various types of pressures. That you know
1 very well.
2 Q. It is my assertion, Mr. Bakalli, that none of the Albanian
3 newspapers in Kosovo were banned. Is that true or no?
4 A. It's not true.
5 Q. Even foreign diplomats, including Americans, used to tell me,
6 Mr. Bakalli, that they were able to buy all Albanian press, all Albanian
7 Kosovo press, at every corner, and now you're claiming that there was no
8 freedom of press for Albanians in Kosovo.
9 A. You were talking about freedom of the press. You asked: Were
10 they issued? I said: Yes, they were issued and then banned, issued and
11 banned, issued and banned. And the Americans, or the American you're
12 talking about certainly did see newspapers. But the history of journalism
13 in Kosova in the past would be quite a surprising history of births and of
14 banning of various newspapers. That's a question of the government. It's
15 not a financial problem.
16 Q. Mr. Bakalli, I'm not discussing internal problems of a newspaper.
17 What I'm referring to is that none of the newspapers were banned. You are
18 claiming that that's not true.
19 A. It's not true.
20 Q. You've mentioned Koha Ditore just a while ago. Have you read the
21 Rambouillet agreement which was published by Koha Ditore in its entirety
22 in the Albanian language? Yes or no, please.
23 A. I know that I read all the documents -- I heard about all the
24 documents in Rambouillet. But remember, at the time I was in Switzerland
25 and was working on a project, a Swiss/Kosova project at the time, and I
1 don't remember the exact text of Koha Ditore, but I do know the essence of
2 the proposals of the Rambouillet documents, which you did not sign because
3 that was not to your advantage to enter into negotiations. You didn't
4 want to lose the opportunity to rule over Kosova.
5 JUDGE MAY: Just try and stick to the point, Mr. Bakalli, and
6 we'll all get on more quickly.
7 Yes, Mr. Milosevic.
8 MR. MILOSEVIC: [Interpretation]
9 Q. Since you are saying that you worked on this Swiss project, as a
10 result of which you were not in Pristina, do you know that the entire
11 Rambouillet document was published in two parts by the Koha Ditore
13 A. I don't know it, but I believe you that it was published, yes.
14 Q. You don't know about this?
15 A. I don't know it, but I do believe you that it was published, yes.
16 Q. Do you know that it was published even before the meeting in
17 Rambouillet started?
18 A. I'm sorry, I don't really know. I wasn't in Kosova at the time.
19 Q. So you don't know about it. Do you know how many Albanians were
20 killed by Albanian terrorists in 1998 and beginning of 1999? Do you know
21 how many Albanians were killed by Albanian terrorists?
22 A. No, I do not know. When you use the word "terrorism," if you're
23 talking about the KLA, I could tell you that they did not commit any
24 criminal murders. If they did commit any criminal murders, they should be
25 taken to court and tried, like every citizen of Kosova. No one is above
1 the law or outside the law, the competence of the law. But I don't know
2 of any number. If you have arguments, okay, bring them to trial, in
3 national trials, in the national courts of Kosova.
4 Q. Do you think that when somebody plants a bomb at the market, as a
5 result of which a lot of people are killed, do you believe that to be an
6 act of terrorism? Or do you believe when somebody opens fire at the cafe
7 full of young people, that constitutes an act of terrorism?
8 A. Yes.
9 Q. Do you think that it's an act of terrorism when somebody
10 intercepts a forest keeper who is an Albanian and kills him? Do you
11 believe that to be an act of terrorism?
12 A. It's a crime. Murder is a crime and you have to be taken to
14 Q. But you don't believe this to be an act of terrorism. Is it an
15 act of terrorism when --
16 A. Throwing a bomb is --
17 Q. Is it an act of terrorism when somebody comes to the door of a
18 house of an Albanian physician, who is a good doctor and is employed at a
19 state hospital as a decent man, and somebody comes and kills him at the
20 doorstep of his own house? Isn't that an act of terrorism?
21 A. Yes. The KLA did not do that. I know that. And if someone did
22 commit such crimes, it was an individual initiative. Excuse me, Your
23 Honours. I did express my reserves about the declarations of the Ministry
24 of Justice of Serbia, who, in the last -- over the last few months
25 declared again and again that we should be sending people to The Hague.
1 If you want people, then you have to look among the members of the KLA and
3 JUDGE MAY: Mr. Bakalli, we will not get on if we have these very
4 long answers. It would be much better if you would just restrict yourself
5 to the questions.
6 We'll adjourn now for 20 minutes.
7 --- Recess taken at 12.16 p.m.
8 --- On resuming at 12.35 p.m.
9 JUDGE MAY: We'll go on with the evidence until half past one. At
10 half past one we've got to stop to deal with some procedural matters.
11 Mr. Milosevic, if you can -- if you would get through your
12 cross-examination by then, we'd be grateful.
13 THE ACCUSED: [Interpretation] I shall try to do so.
14 THE INTERPRETER: Microphone for Mr. Milosevic, please.
15 JUDGE MAY: Microphone. Your microphone.
16 THE ACCUSED: [Interpretation] It turned off by itself.
17 MR. MILOSEVIC: [Interpretation]
18 Q. Therefore, when I asked you whether you knew how many Albanians
19 were killed by Albanian terrorists in 1998 and 1999, and they killed and
20 kidnapped hundreds of them, the way I understand your answer is that you
21 didn't know about this. Did I understand you well?
22 A. No. I didn't know about that well. I know about a crime that was
23 committed in 1988 to 1989 about a -- against a Serb in Kosova by someone
24 of the Albanian side, by one of the KLA, of the UCK.
25 Q. You used the phrase "if somebody had committed a crime" then this
1 is how it was. Since you are saying "if somebody had committed a crime,"
2 I take it that you don't know whether somebody in fact did. My question
3 pertained to Albanian policemen, forest keepers, physicians, mailmen, and
4 so on. But let me get on with another question.
5 Do you know how many Albanians served in the police force of the
6 Ministry of the Interior of Kosovo and Metohija during those same years,
7 1998 and 1999?
8 A. Could you please repeat the question about the police force?
9 Q. Do you know how many Albanians served in the police force in
10 Kosovo and Metohija?
11 A. In my time or do you mean in 1998, 1999?
12 Q. I mean in recent years, 1998, 1999?
13 A. As far as I know, you eliminated all the Albanians on the police
14 force in Kosova when you reigned over Kosova. You eliminated them all,
15 and they formed their own trade union. And then you said they had been
16 organising a trade union for obstructive reasons, to -- and put a lot of
17 policemen in prison from Kosova. So I could say that there were no or
18 very few Albanian policemen in the years 1988, 1989 -- rather, 1998,
20 Q. So you are telling us that there were no police -- no Albanian
21 policemen except for a few exceptions; is that right?
22 A. True.
23 Q. Do you know that during the summer and fall of 1988, in addition
24 to these regular police forces -- this is a new question, therefore. So
25 do you know that by the summer and fall of 1988, in the hundreds of
1 Albanian villages, a local police was established? Have you heard of
2 local police in Albanian villages?
3 A. No.
4 Q. You have not. Have you heard that in Albanian villages local
5 policemen were elected by the village residents among themselves and that
6 the state provided uniforms, weapons for them in order to maintain law and
7 order in those villages? You don't know about this?
8 A. I know that many Serb citizens were given uniforms and were in
9 Serb paramilitary units. That I know.
10 Q. When I asked you whether you knew of policemen who were local
11 Albanian residents, you basically told me that you don't know of this. Is
12 that right?
13 A. That's true. I don't really know anything about it.
14 Q. Do you know that a number of these local policemen, who were
15 Albanians and were elected by the villagers themselves and who maintained
16 law and order in villages, were killed by the KLA?
17 A. I don't know anything about this fact. Sincerely, I really don't
19 Q. Just a minute ago, you told us that there were Serb paramilitary
20 forces there. Do you know that there was an order that applied to all
21 units of army and police which said that in their zone of responsibility,
22 they should arrest and disarm any paramilitary group?
23 A. No. I don't know anything about a disarmament order, but I do
24 know that a lot of crimes were committed against the Albanian people.
25 Q. Were a lot of crimes committed by Albanians against Albanian
2 A. I wouldn't think so, but if there were any cases, evidence could
3 be brought and people could be brought to trial.
4 Q. Were a lot of crimes committed by NATO against the Albanian
6 A. No. There was collateral damage which did take place. There was
7 one case I know of. But NATO did make a declaration, a public
8 declaration. But in essence, the people of Kosova were not afraid at all
9 of the NATO bombing and wasn't afraid of the members of the KLA either,
10 because the people were deported by force, by police, paramilitary, and
11 army, to Albania and to Macedonia.
12 Q. That means that when NATO bombs hundreds of Albanian refugees in a
13 convoy - and I have shown here photographs of carbonised corpses,
14 children, and so on - you in fact are referring to this as collateral
15 damage; is that right?
16 A. I know that there was no bombing, NATO bombing, or it was not the
17 purpose of NATO bombing to hinder -- to do anything against the civil
18 population. It was against the system.
19 Q. When a maternity home is being bombed, is that a demonstration to
20 do no harm to the civilian population?
21 JUDGE MAY: That, Mr. Milosevic, is a matter of comment. It's not
22 a -- it's not a question.
23 THE ACCUSED: [Interpretation] All right, then.
24 MR. MILOSEVIC: [Interpretation]
25 Q. Do you know how the provisional Executive Council of Kosova and
1 Metohija in 1989 was composed?
2 A. It was appointed by the Serbian Assembly. I don't remember that,
3 but you should know that it was appointed by the Serb Assembly; second,
4 the majority of the members were Serbs; and third, there were also some
5 Albanians and some Gorani, or some other nationality, whom you have taken
6 over to your side. That was a Serb government and not a government of the
7 Kosova people.
8 Q. When you say "Kosovo people," you in fact mean only Albanians;
10 A. No. No. I mean the Albanians of Kosova -- Kosovar, sorry. It
11 was appointed by the Serb government. It was not appointed by the Kosovar
12 Albanians or by others in Kosova.
13 Q. It wasn't the government; it was the assembly.
14 A. Yes. The assembly, Serbian one.
15 Q. And you believe that Kosovo, in fact, is not Serbia?
16 JUDGE MAY: We've been -- you need not answer that. We've been
17 through this argument.
18 MR. MILOSEVIC: [Interpretation]
19 Q. Very well. Do you know that this provisional Executive Council
20 was composed of Serbs, Albanians, Turks, Muslim, Gorani, Romany, and so
21 on, which means all of the ethnic groups that live in Kosovo? Do you know
22 about this?
23 A. Yes, I do, but I also know that it was a tool, a blind tool, in
24 the hands of the Serb parliament and government to rule over Kosova, and
25 there have been some members in it of the nationalities that you
1 mentioned, but Serbs were in greatest number, and they acted under the
2 orders of the Serb parliament.
3 Q. Are you aware of the fact that in that temporary government of
4 Kosovo, Serbs were a minority as compared to the others?
5 A. I don't remember, and I don't think so.
6 Q. Well, there are people that I can name to you. For example,
7 Albanian Dzafer Djukiu, who was a minister for social affairs, his throat
8 was slashed in Pec, shortly after the UN came to Kosovo, and a bomb was
9 planted in the house of the police minister in order to expel him from
10 Kosovo. However, they managed to survive. My question was: Are you
11 aware of the fact that Serbs constituted a minority in that Executive
12 Council; yes or no?
13 JUDGE MAY: The witness has answered that. He says he doesn't
14 remember and he doesn't think so.
15 MR. MILOSEVIC: [Interpretation]
16 Q. Are you aware of the fact that in the Serbian delegation in
17 Rambouillet there were representatives from all ethnic groups from
19 A. Yes, formally they were, but in fact, they all were people who did
20 not represent the will of the Kosovars. They were instruments in the
21 hands of the Serb-Milosevic government and power, and as such they were
23 Q. And who did the national delegation from Kosovo represent?
24 A. The delegation of Kosova was composed of the main political
25 parties, legal parties of Kosova, plus the representatives of the KLA.
1 Q. Do you know Hasim Thaci?
2 A. Yes, I do.
3 Q. Do you know his nickname?
4 A. No, I don't. No.
5 Q. You don't know that his nickname is "Viper," "Snake"?
6 A. I don't know of any pseudonyms.
7 Q. You don't know that he got the nickname because he poisoned his
8 political adversaries?
9 A. I don't think that he might have done that, and I don't know.
10 Q. Was it logical for you that the head of the Albanian delegation in
11 Rambouillet be Thaci rather than Rugova? Yes or no?
12 A. Yes.
13 Q. It was logical you say?
14 A. Yes, logical. Yes. At that moment, the real political forces
15 should have come together and be prepared for dialogue and agreements with
16 Yugoslavia and with the international community. The reality, the reality
17 that was created was such that the KLA had a dominant position. You might
18 ask why it was so, because Mr. Milosevic did not agree to hold political
19 negotiations in due course, and it was a forced solution under the new
20 circumstances in Kosova.
21 Q. I don't wish to go back to those 11 times the delegation of the
22 Serbian government went to Kosovo, but let me ask you this: Do you know
23 how many Rugova associates, political activists of his party were killed
24 by Thaci's terrorists?
25 A. No, I don't. I haven't followed these developments. I know that
1 some murders have been committed in Kosova which in fact have not yet been
2 elucidated, and we will do that in due course. We see who is behind
4 Q. Do you consider those killings to be political killings, to have
5 been political killings because they were political personages that were
7 A. For most of these murders there are statements issued by the
8 respective political parties and UNMIK police that they cannot conclude
9 that they were politically motivated murders. UNMIK.
10 Q. So when Rugova's president of the municipal board of his party
11 dies in a particular place, loses his life, that is not in a political
13 A. It may; it may not. We have not to prejudice, a priori pass
14 judgement on any murder that has been committed before evidence is
15 presented and ruling is made.
16 Q. Do you know how many Serbs, Montenegrins, Muslims, Croats,
17 Goranis, Romanies, Egyptians and other non-Albanian inhabitants were
18 expelled from Kosovo and Metohija after the arrival of KFOR by the
19 Albanian extremists?
20 A. You mentioned the word -- where our state. I may say that
21 unfortunately the number of national minorities who -- especially of Serbs
22 was very great who, after the KFOR forces arrival, left Kosova,
23 intimidated or afraid that some acts of revenge might be taken against
24 them, fearing the consequences of the tragic situation which was created
25 in Kosova then.
1 The political parties, Albanian political parties, and I believe
2 the future parliament and government and UNMIK, have a plan in place to
3 ensure their organised return in Kosova to their own lands and homes.
4 Q. What lands and homes of their own are you talking about when the
5 terrorists, after the arrival of KFOR set fire to several tens of
6 thousands of Serb houses and homes? Are you aware of that?
7 A. If there are such cases, then we will work to assist them to build
8 their new homes which have been ruined.
9 Q. Is it possible that when we're talking about tens of thousands of
10 houses you use the term "if," "if" that is possible, do you really have no
11 knowledge or know nothing about what is going on in Kosovo?
12 A. I think you are interpreting me wrong. I said that,
13 unfortunately, their people have left, Serbs, and other nationalities have
14 left Kosova after the war. I didn't say if they have left Kosova. And I
15 am certain that we will help them to return, because they, too, will
16 become citizens of Kosova, equal to Albanian citizens, and will have
17 assure life. We need some transitory period to do that probably.
18 Q. So you believe, and please give me a yes or no answer.
19 THE ACCUSED: [Interpretation] Because Mr. May, you have been
20 cautioning me that I'm hurrying, but the answers took up too much time.
21 They could be yes or no answers, but I'm not in a position to control
22 them, you are.
23 MR. MILOSEVIC: [Interpretation]
24 Q. And my question: Do you believe that KFOR could not have
25 protected the Serbs and other non-Albanian inhabitants that were expelled
1 from Kosovo?
2 A. I said that most of them have left Kosova not under direct
3 pressure but out of fear that prevailed as a result of the war. And as
4 far as I know, the KFOR and the international police are actively helping
5 or are playing the role of security in Kosova for the Serbs that live
7 Q. Do you happen to know that of 2.500 kidnapped Serbs, the fate of
8 1.300 is not known and that on such a small territory as Kosovo that you
9 cannot establish that along with the presence of such a large force
10 there? Yes or no?
11 A. I don't know about the exact figure of people who have lost,
12 disappeared, or who were kidnapped, Serbs, but I know that there is some
13 figure and that it should be clarified, just as the question of 3.800
14 Albanians who have disappeared, whom nobody knows, should be clarified.
15 JUDGE MAY: [Previous translation continues] ... point.
16 Yes, Mr. Milosevic.
17 MR. MILOSEVIC: [Interpretation]
18 Q. Do you consider that the fear was unjustified for people fleeing
19 from Kosovo when you have a figure of 3.000 killed since the arrival of
20 KFOR? Do you think the fear is unjustified?
21 A. I think that after the war, people are afraid and people move from
22 their homes.
23 Q. The reasons, therefore, are not linked to the burning of tens of
24 thousands of homes and the killing of thousands of people and the
25 abduction of thousands of people but just some kind of abstract fear. Is
1 that what you're saying? Is that your assessment? Yes or no?
2 A. You are drawing your conclusions very quickly. I think fear was a
3 dominant factor, but it is possible that in concrete cases, families have
4 been evicted after the houses were burned. We will investigate these
5 issues and take the adequate legal measures.
6 Q. I quoted yesterday, not here but when I was given the floor, a
7 speech by one of your leaders when he said, "We ensure that Kosovo will be
8 only for the Albanians. We will secure Kosovo only for the Albanians."
9 That was a quotation. It was published and broadcast over the radio and
10 television. What do you think about statements of this kind made by this
11 particular leader that "We will secure Kosovo solely for the Albanians"?
12 Do you support that? Do you support this kind of statement?
13 A. I don't support such statements, such a logic, and I think that
14 there can be no one, not a wise man, politically or otherwise, that can
15 say such a thing.
16 Q. That means that there are many Albanian leaders and Albanians
17 themselves who do not support a statement of this kind.
18 A. Yes. I think that most of or all of them do not support such kind
19 of statements, because we are building Kosova for the Kosovars and not
20 only for the Albanians alone.
21 Q. Why do you keep making facial expressions, grimaces, as if you're
22 not understanding the translation, when you studied in Belgrade and you
23 understand every word I'm saying very well? Why do you keep making those
25 JUDGE MAY: You do not need to answer that. I've had a note from
1 the interpreters asking you both to wait until they've finished before you
3 Mr. Milosevic, we will have to, in due course, make a decision, if
4 it's relevant, about the matters that you're raising, but it seems you've
5 dealt very thoroughly with these particular issues. And of course, we'll
6 be able to hear any evidence which you put before us on this particular
7 topic. But I think we've now exhausted it, and perhaps you could move on.
8 THE ACCUSED: [Interpretation] Very well.
9 MR. MILOSEVIC: [Interpretation]
10 Q. Mr. Rugova [sic], do you know when Greater Albania existed?
11 A. You should ask Rugova. Are you asking me or Mr. Rugova?
12 Q. I apologise. I meant to say you, Mr. Bakalli.
13 A. Can you repeat the question, please, to me, address it to me
15 Q. Do you know when Greater Albania existed, was in existence?
16 A. As far as I know, it has never existed, Greater Albania as such,
17 neither today as a notion -- maybe the notion of Greater Albania exists in
18 some political platforms of Albania in the Balkans, but neither in Tirana,
19 nor in Tetova, Pristina. The notion of Greater Albania is a by-product of
20 Serb political propaganda aiming at presenting the Albanians as people who
21 struck fear among others.
22 Q. Mr. Bakalli, the question was: Do you know when Greater Albania
23 existed? You say it did not exist. You don't have to go into an
24 explanation as to why. But do you know who established a Greater
25 Albania? Or rather, do you know that during World War II, Mussolini and
1 Hitler established Greater Albania, and which parts of Kosovo at that time
2 and which parts of Macedonia were included into this Greater Albania?
3 These were historical facts, and you were a professor. Do you know about
4 that historical fact?
5 A. I know very well, but it is considered a fascist and Nazi
6 concoction about Albania, and not Greater Albania. The Albanians
7 themselves, in Albania, Macedonia, and Kosova, with their anti-fascist
8 war, by fighting against fascism and racism, Italian and German one, by
9 taking an active part in the Second World War on the side of the alliance
10 and as fighting as partisans, in fact, they have said that this is a
11 fascist and Nazi concoction. So don't blame me and Albanians for that
12 fascist creation, because we fought ourselves against it.
13 Q. I am not ascertaining guilt. All I am asking you is whether you
14 have heard of that creation. You first said that you did not hear of it
15 and now you say that it was a Nazi, fascist creation. So we've cleared
16 that point up.
17 Is there a project for a Greater Albania present in Kosovo today?
18 A. In all the political parties of Kosova, Albanian political parties
19 in Kosova, in Albania and in Macedonia, there is not any such project for
20 the creation of some "Greater Albania," in inverted commas, but there is a
21 project for freedom, peace, democracy, prosperity, and European
22 integration, and the project for Kosova to become an independent state.
23 Q. Very well. You therefore claim that in Kosovo, there is no
24 political force supporting the project for a Greater Albania?
25 A. That's right.
1 Q. Do you know about the terrorist attacks on the population and
2 facilities in the south of Serbia by the KLA, effected by the KLA?
3 A. The KLA was the National Liberation Army of Medvegje, Presheva,
4 Bujanovc, and it is not the doing of Kosova Liberation Army, KLA. Why it
5 happened in Presevo, these conflicts, Mr. Milosevic knows that better than
6 I do, because they occurred within -- in the southern part of Serbia. And
7 then after the engagement of the international community, the issue was
8 resolved, and I think things are moving in the right direction for a
9 peaceful solution.
10 JUDGE MAY: Mr. Bakalli, do you know yourself anything about
12 THE WITNESS: [Interpretation] You mean about Presheva?
13 JUDGE MAY: Yes. That was the question. If you don't know, just
14 say so.
15 THE WITNESS: [Interpretation] I know, but this is not -- has got
16 nothing to do with Greater Albania. It has to do with the position of
17 Albanians living there in Presheva.
18 JUDGE MAY: The only issue here is whether you know anything about
19 it yourself. And if you don't know, just say so and we can go on to
20 something else.
21 THE ACCUSED: [Interpretation] May we continue?
22 JUDGE MAY: Yes.
23 MR. MILOSEVIC: [Interpretation]
24 Q. Was the KLA disarmed upon the arrival of KFOR?
25 A. Yes, it was.
1 Q. What are they firing from, then?
2 A. You know that there is -- the arms can be sold and bought. This
3 can happen in Serbia, in Macedonia, anywhere. So these are individual
4 questions of arms possession. But the KLA no longer is armed.
5 Q. Except individually?
6 A. Individuals can possess arms, because in Kosovo now, we are
7 carrying out an action for people to surrender their arms, even on an
8 individual basis.
9 Q. Does the KLA shoot in the south of Serbia and Macedonia? Is it
10 shooting there?
11 JUDGE MAY: Mr. Milosevic, I'm going to stop you for one minute,
12 because what I want you to explain is what the relevance is of what is
13 happening today to the indictment with which we're concerned, the period
14 of which is 1999. Now, I understand your argument about the KLA prior to
15 that. And what is the relevance of what's happening now to this
16 indictment? We're now dealing with events almost three years ago.
17 THE ACCUSED: [Interpretation] It can be relevant because, as I
18 have maintained here over the past few days, that it is a protracted crime
19 that we are dealing with, that the occupation forces in Kosovo and
20 Metohija are doing together with the terrorist organisation of Kosovar
21 Albanians, the KLA. This protracted crime, which was a pooling of crimes,
22 an association and joinder of crimes - and I gave an explanation of this
23 with respect to political, strategic, and historical reasons and
24 conditions - is continuing, and that is why it is relevant and linked to
25 what we're talking about
1 MR. MILOSEVIC: [Interpretation]
2 Q. Furthermore, do you consider, Mr. Bakalli, that it is safe and
3 secure in Kosovo and Metohija?
4 A. According to the estimates of UNMIK institutions, which are
5 responsible for security in Kosovo at this moment, together with part of
6 local police, I think that the situation in Kosovo is relatively calm and
7 stable. I personally am not pleased with the current situation, because I
8 think that we should do away with any manifestation of lack of -- of
9 intolerance towards other nations and towards Serbs in particular, for
10 which I think we need some more time. But generally speaking, the
11 situation is, according to their estimation, safe and stable, as I said.
12 Q. You said a moment ago, half an hour ago, in fact, that no
13 institutions have yet been built up, and that is why I asked you the
14 question of whether you consider it to be safe and secure, because I
15 didn't seem to feel that it was logical for it to be secure if no
16 institutions had been built, according to what you yourself said. But you
17 say that the situation is safe. Now, I ask you: Are you safe yourself,
19 A. As you might well know, never in my life have I been escorted by
20 some bodyguard or police. I have always felt, when I was a leader and
21 today, safe, in that Kosova, as it is. Nothing has happened to me. I
22 have never been threatened, never assaulted. But there are other people
23 who complain of being threatened and assaulted. The institution that you
24 are referring to, this has got to do with the parliament, the government.
25 They don't have much to do with the government -- with the security,
1 because, as I said, this is the duty, the task of the international
2 forces, the KFOR, and the international police of UNMIK, together with
3 some local police. The institutions are there, the institution of
5 Q. So for you personally it's safe, but you're not sure it's safe for
6 others; is that right?
7 A. I think that everybody feels secure in Kosova.
8 Q. Except for the Serbs?
9 A. That is not true. I am in contact with the Serbs of Kosova, and
10 the situation is not as tragic as you are trying to take it out here. It
11 is not as good either. We are working to overcome it.
12 Q. As 360.000 have been expelled, then there are less of them now who
13 seem to be a problem. You said that during Rambouillet, you were in
14 Switzerland, and prior to Rambouillet. What were you doing in
16 A. You are changing your questions. I said I was there at the
17 invitation of two Swiss institutions, for a project of theirs to build and
18 to deal with -- to deal with the emergency situation in Kosova. I worked
19 for that project. You are exaggerating the figures, I think. You are
20 saying 360.000 Serbs.
21 Q. No. I did not say --
22 JUDGE MAY: Just one moment. If you could deal with the matters
23 shortly, Mr. Bakalli, we'll all get on.
24 Now, is there any more questions about Rambouillet?
25 THE ACCUSED: [Interpretation] I will skip the others.
1 MR. MILOSEVIC: [Interpretation]
2 Q. I have to correct you. I didn't say 360.000 Serbs. I said
3 360.000 inhabitants of Kosovo, mostly Serbs, but Croats, Muslims, Goranis,
4 Egyptians, Romany, and everyone else. This is a figure that I have. Do
5 you know about the drug trafficking that is carried out through the
6 territory of Kosovo and Metohija? Please respond with yes or no.
7 A. No.
8 Q. Do you know of arms trafficking?
9 A. No.
10 Q. You said just a while ago that anybody can buy weapons.
11 A. Well, weapons, yes.
12 Q. Well, that's what I'm talking about. I'm talking about weapons.
13 A. We are talking about organised, illicit trafficking in arms and
14 drugs. Is that the question: Does it exist? As far as I know, it does
15 not. But these are questions that have to be dealt with by the UNMIK
16 institutions, and I am willing to trust their information and data about
18 Sometimes some arms are intercepted coming from the border. There
19 is some sort of arms trade under way, but it can exist in Serbia and other
20 states in the Balkans. It may be possible that such activity exists, but
21 we are not talking here about organised trafficking in arms and drugs
22 which has Kosova as one of its places, or Kosova is not one of its
24 Q. So you are telling us that it isn't, although all other
25 information indicates that it is. But we'll leave that for later.
1 Is there a single party in Kosovo-Metohija that is not controlled
2 by the KLA?
3 A. Not a single party in Kosova is being controlled by KLA because
4 KLA no longer exists as such, as a military organisation. Therefore, no
5 party is under the influence of the KLA. The former members of the KLA
6 are members involved or sympathisers of various political parties, but it
7 is not true that one of these parties can proclaim to have monopoly in
8 terms of the membership of the KLA because its former members have joined
9 different parties, Democratic Party, the Alliance for Kosova Future, and
10 Kosova Democratic League of Ibrahim Rugova, as there are also in other
11 parties, in the Liberal Party, in -- and some other parties.
12 So the question -- in answer to your question, I may say no, there
13 are no parties under the influence of the KLA because it has been
14 transformed by now.
15 Q. You have said that the KLA did not exist any more. So in that
16 case, who is the Kosovo Protection Corps composed of?
17 A. Most of them are former KLA members but not all, because the
18 Kosova Protection Corps includes also Serbs, Goranis, Turkish, and
19 Romanies. But most of them are, in fact, former members of the KLA but
20 not all. And it is quite another formation now. It is organised and
21 accepted by the international community, and it has the support of the
22 Kosova people.
23 Q. So you are telling us that within the Kosovo Protection Corps
24 there are also representatives of Albanian residents, Serbian, Albanian,
25 and Gorani residents?
1 A. I'm sure of that.
2 Q. But you don't know who is doing the shooting in Macedonia and this
3 other -- Serbia?
4 A. Southern Serbia, you mean? In southern Serbia, there was a
5 conflict between the Liberation Army of Presevo.
6 JUDGE MAY: You were asked if you knew who was doing the
7 shooting. If you don't, you don't know if there was any shooting, just
8 say no, you don't know, and we'll get on more quickly.
9 Mr. Milosevic, I think we could move on from this topic to another
11 MR. MILOSEVIC: [Interpretation]
12 Q. Do you know about the links between Hasim Thaci and bin Laden?
13 A. I don't know of such links, and I am sure that there can be no
14 such links between bin Laden and Hasim Thaci.
15 Q. Do you know about the creation of Mujahedin brigade Abu Bakir
16 Sadik in Kosovo?
17 A. No. I've never known of its existence or whether it has operated
19 Q. Where were you during NATO aggression?
20 A. I told you. I was in Switzerland, but my family was driven out of
21 Pristina, was deported,, and my home in the university, the third floor,
22 was completely demolished by the military troops. My family was deported
23 to Skopje, to Macedonia. And right after NATO entered Kosova, two days
24 later I arrived in Pristina, and I have not moved from there ever since.
25 Q. You were not present in Pristina when the downtown of Pristina was
2 JUDGE MAY: Just a moment --
3 A. The downtown was never bombarded.
4 JUDGE MAY: He said he was in Switzerland. Now, let's move on.
5 MR. MILOSEVIC: [Interpretation]
6 Q. You have mentioned deportation. Do you know about the false
7 refugee camp called Stankovci at the border between Macedonia -- at the
8 border of Macedonia which lasted for a single day and where several tens
9 of thousands of Albanian refugees from Macedonia were put up?
10 A. I think you're making it up. It was a camp of the Albanians in
11 Kosovo in Srgovs.
12 Q. Do you know Albanians who were killed during the air raids?
13 A. I've seen them on television, especially the case of the tractor
14 on the road between Prizren and Krusa on the way to Djakova that was shot
15 by mistake. It is public knowledge. I don't know of any other case.
16 Q. Did many Albanians die as a result of the bombing? Did you know
17 the children who were killed as a result of bombing? Were the children
18 killed as a result of bombing?
19 A. I think no. I don't know of any kids having been killed. I don't
20 know. I don't have any information about that.
21 JUDGE MAY: Mr. Milosevic, it's now half past one. This -- the
22 last part of your cross-examination went way beyond the evidence which the
23 witness had given. There may be other witnesses that you could ask --
24 there will be other witnesses that you can ask about this.
25 You have now been cross-examining this witness for three and a
1 half hours. Do you have further questions for him?
2 THE ACCUSED: [Interpretation] I do. If he responds with a yes or
3 no, we can finish in two minutes.
4 JUDGE MAY: Very well.
5 MR. MILOSEVIC: [Interpretation]
6 Q. Did you approve of the NATO bombing in Yugoslavia?
7 A. I absolutely approved the NATO intervention.
8 JUDGE MAY: That's sufficient. Yes.
9 MR. MILOSEVIC: [Interpretation]
10 Q. Since Kosovo, in the economic sense, was much more advanced than
11 Albania, was it a result of the exploitation of Albanians in Kosovo?
12 JUDGE MAY: If you can't say, just say so.
13 THE WITNESS: [Interpretation] I can't say. It's a hypothetical
15 JUDGE MAY: Very well.
16 MR. MILOSEVIC: [Interpretation]
17 Q. Were the enterprises from Serbia contributing to the economy of
19 A. Don't forget that Kosova development, economic development was
20 funded by the federative fund for the development of undeveloped regions.
21 The participation of Serbia to that fund was greater because Serbia had
22 the greater income per head of its population.
23 Q. Could you please answer with a yes or no.
24 A. But I can't tell you that these enterprises provided assistance
25 because they had a brotherly attitude toward Kosova enterprises, but I can
1 say that they were engaged. They were involved in the economy.
2 Q. Do you think that it was right or legal to issue an amnesty for
3 all the terrorists who killed children and women?
4 A. I don't know of any such case.
5 Q. You don't know of any such cases. And since the killing is
6 continuing now, are they killing because they have by now developed a
8 JUDGE MAY: That's not a question for the witness.
9 MR. MILOSEVIC: [Interpretation]
10 Q. You were -- you held a high office in the League of Communists of
11 Yugoslavia. When did you change your convictions?
12 A. Depends which convictions you mean.
13 Q. Well, perhaps your answer is that you have not changed convictions
14 in fact. Did you change them?
15 A. I did change one of my convictions, and I will reply in Serbian,
16 with your permission. And that is that you, Mr. Milosevic, destroyed
17 Yugoslavia, with pleasure, by war. You were --
18 JUDGE MAY: That is enough. That wasn't the question.
19 Mr. Milosevic, anything else?
20 MR. MILOSEVIC: [Interpretation]
21 Q. All right. I do have a question. Does that mean that you were
22 not a communist by conviction?
23 A. I don't want to answer this question. I don't want to answer --
24 to answer it. You are a communist younger than me. I was older than you,
25 and I have no more illusions about the Yugoslavia that you ruined. Not
1 only ruined, but ruined every idea for such a Yugoslavia in the future.
2 JUDGE MAY: Again we're going away from the point. Anything else,
3 Mr. Milosevic, or is that it?
4 THE ACCUSED: [Interpretation] Can the witness answer this question
5 of mine? I asked him does that mean he was not a communist by
7 MR. MILOSEVIC: [Interpretation]
8 Q. Yes or no?
9 A. I have been always a pragmatist communist for whom ideology was
10 not the key activity, but I was interested more in practical aspects of
11 politics. When I worked, I felt good. I tried to implement the policy of
12 the party that I founded myself.
13 JUDGE MAY: Very well. I think you've answered that.
14 MR. MILOSEVIC: [Interpretation]
15 Q. How many Albanians from Albania are living now in Kosovo and
16 Metohija, Albanians from Albania and from Macedonia?
17 A. And if there are, very few.
18 Q. So you don't know about this. Do you know anything about the
19 destruction of Serbian churches? There were 107 of them. On Saturday,
20 the church of St. Sava in Mitrovica was torched together with books and
21 icons, and so on. Do you know anything about this?
22 A. I have heard something and I severely condemn it, but you should
23 not forget that the Albanians do not have attack the main Serb monuments
24 like the Peja patriarch and like the monastery of Gracanica and others.
25 JUDGE MAY: Mr. Bakalli, I am going to stop you because in the
1 interest of time we've got to finish. We will no doubt hear much more
2 evidence about this.
3 Is that it?
4 MR. MILOSEVIC: [Interpretation]
5 Q. Can somebody who is not an Albanian survive in Kosovo now? Yes or
7 A. Yes.
8 MR. MILOSEVIC: [Interpretation] Thank you. I don't have any
9 further questions.
10 JUDGE MAY: Any re-examination?
11 MR. NICE: About five questions.
12 Re-examined by Mr. Nice:
13 Q. Can you assist me briefly with answers to these questions, please,
14 Mr. Bakalli? Dealing with the education problems that you've described,
15 were -- when the Albanian education system, the informal one was under
16 way, do you know if Albanian teachers were still being paid salaries by --
17 THE WITNESS: Excuse me. I have no translation. Please help me.
18 Translation in Albanian. [Interpretation] No. No.
19 JUDGE MAY: Can we --
20 THE WITNESS: Yes, I can hear you now.
21 MR. NICE:
22 Q. Right. The question was: During the informal education system by
23 Albanians that you've describe, were Albanian teachers still being paid
24 salaries by the state? Do you know is that? Don't guess if you don't.
25 A. No.
1 Q. Thank you. You've been asked about the supplementary visits by
2 the Serbian delegation to Kosovo after your first meeting that you
3 described. Were you or your delegation ever invited to attend any of
4 those, it is said, 11 other visits?
5 A. No. No. There was -- we were not invited. The television may
6 have said that --
7 Q. Mr. Bakalli --
8 A. -- but we didn't receive an invitation.
9 Q. Thank you. The Jashari family, you've told us about that and been
10 asked questions about it, but the one detail we haven't had is this: What
11 were the gender and ages of the people killed in the Jashari compound?
12 Can you recall, please?
13 A. I can tell you that there were children involved, old people, and
14 women involved.
15 Q. Thank you very much. So far as your own family's deportation to
16 Skopje is concerned, how many members of your family left for Skopje?
17 A. Six members.
18 Q. Your age or younger or what?
19 A. From my age down to the age of five or six. My little nephew.
20 [Trial Chamber confers]
21 MR. NICE: That's all I -- that's all I wanted to ask, Your
22 Honour, but there is one matter of record that I must deal with.
23 Mr. Milosevic said that he had no knowledge of this witness being
24 a witness, and the course, as the Court will know from the papers served
25 upon Mr. Milosevic, he was given notice of the attendance of this
1 witness. The witness's summary was provided to him on the 26th of
2 November, and the lengthy interview upon which the court summary was based
3 was served on him on the 11th of January and then in B/C/S on the 1st of
4 February, and he's been listed in the documents identifying order of
5 witnesses from the very beginning of the generation of those lists.
6 JUDGE MAY: Thank you.
7 Judge Kwon.
8 Questioned by the Court:
9 JUDGE KWON: Mr. Bakalli --
10 JUDGE MAY: You can raise it later, Mr. Milosevic. Don't
11 interrupt for the moment.
12 JUDGE KWON: Just for clarification regarding the Jashari massacre
13 in Prekaz. The accused stated that there was a firing attack from inside
14 the house against the police, but you said you didn't know any details
15 about that, but could you tell the Court whether it is correct or not,
16 whether there was a firing from inside the house or not?
17 A. I don't know.
18 JUDGE KWON: Now, you are invited to meet the president of a
19 nation, and you are going to tell of some massacre in front of him, and
20 you are now saying that you don't know any details. I can't understand
21 what you're saying. Is it you are saying that there was no fire from
22 inside the house or you just don't know?
23 A. I simply don't know. I don't say that it wasn't the case. I
24 don't say that they didn't shoot. I don't know the details. I know, only
25 know the result, that the whole family was massacred and that the whole
1 house was destroyed.
2 JUDGE KWON: Thank you.
3 JUDGE MAY: Mr. Bakalli, that concludes your evidence. Thank you
4 for coming to the International Tribunal to give it. You're free to go.
5 THE WITNESS: [Interpretation] Thank you. [In English] Thank you.
6 [Trial Chamber confers]
7 [The witness withdrew]
8 JUDGE MAY: We have, in fact, got another quarter of an hour
9 before the next case comes in. What was it you wanted to say,
10 Mr. Milosevic?
11 THE ACCUSED: [Interpretation] I wanted to say something with
12 respect to the comment made to the material sent to me. There is a room
13 full of papers and documents in the Detention Unit, and I don't want to
14 fetch them because I don't want to communicate with the opposite side. I
15 really didn't know who was the witness. I wasn't interested. I'm not
16 interested now. But I don't want what I said to be denied in this way.
17 That's what I wanted to say. Even if I did want to, I would probably need
18 two years to read through all the material in that room, a truckload of
19 paper and documents that they have so far sent to my address and which is
20 located in that room. And I don't have any intention of doing that,
21 because the whole indictment is false, and I have explained why it is
23 JUDGE MAY: Now, let us deal with the other matters we have to
24 turn to. I remind everybody that Judge Robinson will be away tomorrow,
25 and it is our intention, Judge Kwon and I, to sit under Rule 15 bis, the
1 two of us, for two days. But we should know what is proposed should be
2 heard by the way of evidence.
3 MR. NICE: The first witness is Kevin Curtis, the lead
4 investigator. There's to be a discussion stimulated by the amici in
5 relation to the scope of his evidence, and so that discussion and the
6 evidence itself may take some time. He is to be followed by a further
7 investigator giving evidence, called Spago, and once that witness is
8 concluded, we're going to embark upon what are called crime-based
9 witnesses. I'm obviously very hopeful that we'll reach those soon, but it
10 may be, in the event, not until the day after tomorrow.
11 JUDGE MAY: It may be of assistance to say that we have had the
12 chance of reading Mr. Curtis's summary, for which we're grateful. It
13 would be even more helpful if it had page numbers on it.
14 MR. NICE: Your Honour, we, of course, don't provide you
15 with -- I'm sorry it hasn't got page numbers, and that's an oversight. In
16 this particular case, it may be helpful for you to be provided with the
17 longer statement of which this is a summary, and I know that Mr. Kay of
18 the amici is going to propose that. I'm only too happy to comply with any
19 such suggestion or request. Of course, we normally don't supply
20 statements, because it's not, at any event, at this stage, this Chamber's
21 practice to receive them.
22 JUDGE MAY: Given the constraints of time, it may be more sensible
23 to deal with this in the morning. But having looked at this statement,
24 most of it seems to be hearsay, of a sort which we have, in previous
25 cases, not found of any great assistance or any great probative value.
1 But it may be that you want -- that, no doubt, is the point.
2 MR. KAY: That's the point. It seemed to us very important that
3 the Trial Chamber should see the full content of the statement to know
4 what it would be ruling upon. The summary is, by necessity, brief, but it
5 would be much better to have the full statement there.
6 JUDGE MAY: We'll have the full statement overnight and we can
7 consider it in the morning.
8 MR. KAY: Yes.
9 JUDGE MAY: We'll hear any arguments. Yes.
10 MR. KAY: The other witness proposed is also the subject of legal
11 argument, very much in the same context, but it's to do mainly with
12 exhibits as well that he produces that have a number of video newsreels
13 with commentary over them and assertions by the commentator which forms
14 part of the tape that is to be introduced in evidence, and it seemed to us
15 very important that there was a ruling about the quality of the evidence
16 that was to be admitted by the Trial Chamber. There's an exhibit list
17 that could be produced that would assist you in relation to that witness,
18 and we would have no objection if you saw that witness's statement as
19 well, to more properly rule upon the matter.
20 JUDGE MAY: Could we have those overnight, please?
21 MR. NICE: You can certainly have them. Indeed, I'm happy to say,
22 as to the summary, that I happen to have with me now page-numbered
23 summaries, so I'll make those available, and I have the original
24 statements as well. Spago's statements will come via the usual channels,
25 if it's not here.
1 MR. RYNEVELD: They're here. I did them.
2 MR. NICE: Spago's summaries are here.
3 MR. RYNEVELD: Page-numbered and sourced.
4 MR. NICE: Page numbers for Spago.
5 MR. RYNEVELD: And sources for the statement, if you want the
7 MR. NICE: The statement will have to come later.
8 JUDGE MAY: The other matter to deal with is the Prosecution
9 motion concerning a provisional pre-trial brief for the Bosnia and Croatia
10 indictments, and the position, as I said earlier, is that we have had a
11 chance of considering a timetable. It's quite impossible to make a firm
12 timetable, as we acknowledge, given the time which is being consumed, but
13 it may be that things will go more quickly. But in any event, what we
14 have in mind, as I said earlier, is to try and get through the evidence on
15 this indictment by an early date in July so that we can then take two
16 months to prepare for the remaining indictments.
17 MR. NICE: Your Honour, I know that the Prosecutor is herself
18 today concerned to respond to the question that you asked of her in
19 relation to that, and unless --
20 MS. DEL PONTE: [Interpretation] Yes, Your Honours. Allow me to
21 speak French. As you know, we have given explanations as to the number of
22 witnesses, the number of documents we have with regard to the Kosovo
23 indictment, and you told us that you had in mind end of July for the
24 presentation of our evidence in this respect, and then we had the joinder
25 of indictments. Therefore, we thought that we had to speed up the
1 process. We agree with that, save that it must be said: What we
2 witnessed today leaves the door open as to the time when we would be in a
3 position to finalise the Prosecution case, because it depends on the
4 cross-examination. So when we start having witnesses for the crime base,
5 and if we are to have cross-examination that are twice, thrice as long, it
6 becomes very difficult to assess the exact time that we are going to need
7 for the Prosecution case.
8 There is no doubt we're going to do our utmost to achieve our aim,
9 but what I've heard these days -- of course, I won't be able to be in the
10 courtroom every day. It may well be that we have to call other witnesses,
11 even crime-based witnesses. It all depends, Your Honours, on the
12 arguments provided by the accused during the hearings and the testimony.
13 We have to adduce evidence of the crimes alleged in the indictment, and I
14 hope that we will be treated by the Court in the same way as the accused,
15 so that we can fulfil our obligations, our duty, as best as we can.
16 Therefore, Your Honour, we try to act as swiftly as we can.
17 Still, you have to take into account the fact that this is an important
18 mission that we have to carry out, and it will very much hinge on the
19 arguments as provided by the accused when hearing witnesses. So I do have
20 to make some reservations. I may have to produce other witnesses as the
21 need may arise. Thank you, Your Honour.
22 JUDGE MAY: Well, we understand that, and of course there can't be
23 any hard and fast rules as to time or, indeed, the number of witnesses,
24 that it may change during the course of the case, but we would be grateful
25 if you would aim for the beginning of July as near as possible.
1 There is the matter of the provisional pre-trial brief which is
2 being selected. I have to say that we are not very happy about that.
3 Although it's right that it was ordered in another case, I don't think
4 that necessarily was a very good precedent. There's no provision in the
5 Rules for anything like this, and I think the better course would be to
6 aim at producing a pre-trial brief. If it becomes necessary, because of
7 pressures of time and the like, to add a supplement, then you can always
8 apply to do so, but I think that might be a more practical way to go about
10 MS. DEL PONTE: [Interpretation] Yes, Your Honour, but if I
11 remember properly, there was an amendment to one of the Rules, and in this
12 way, this idea of a provisional pre-trial brief was introduced. I can't
13 tell you which Rule is being applied, but there is this notion being
14 introduced, and hence this idea, even if there's no hard and fast
15 institution as a provisional pre-trial brief. You know, Your Honours,
16 whether you call this a provisional pre-trial brief or a supplemental one,
17 it doesn't really matter. The form is not relevant here.
18 As you know very well, the problem we're faced with is this: If
19 we say that by the 12th of April -- or 2nd of April we can have the list
20 of witnesses and the list of exhibits, well, that's the 2nd of April.
21 That's the day after tomorrow, basically. So we'll have to file a
22 supplemental brief or a final one. Whatever you may call it, what is
23 important for us is that we are under the very same obligation of carrying
24 out our work as quickly as we can, but it's got to be done properly.
25 JUDGE MAY: Very well. You've made the point, Madam Prosecutor.
1 We have it in mind.
2 MS. DEL PONTE: Thank you.
3 JUDGE MAY: Unless there's anything else anybody wants to raise.
5 MR. KAY: Just one issue. You've been given the third witness to
6 be called, his statement, and I --
7 JUDGE MAY: I'm not sure that we have.
8 MR. KAY: If it assists the Court, if I liaise with Mr. Ryneveld,
9 it can be sent back to you, what you need to examine the issue that is to
10 be raised.
11 JUDGE MAY: Very well. If you would do that, please.
12 MR. KAY: Yes.
13 JUDGE MAY: Thank you. Half past 9.00, then, tomorrow morning.
14 Yes, Mr. Milosevic.
15 THE ACCUSED: [Interpretation] Just a technical matter, Mr. May. I
16 have received the schedule and the times for our work and sitting, and it
17 said that on Thursday you would be winding up by 1.00, so I planned a
18 visit of my family. I got a piece of paper where I saw that we were
19 working all Thursday afternoon. I think that you ought to be correct in
20 this matter. I have very brief moments that I could make use of to have
21 contacts with my family, so I don't think it's fair for you to change it
22 from one day to the next.
23 JUDGE MAY: Well, I don't know how that occurred. There's
24 obviously some confusion in the dates. But if you've made arrangements to
25 see your family that afternoon, then we won't sit.
1 Half past 9.00 tomorrow morning.
2 --- Whereupon the hearing adjourned at 1.58 p.m.,
3 to be reconvened on Wednesday, the 20th day of
4 February, 2002, at 9.30 a.m.