1 Thursday, 7 March 2002
2 [Open session]
3 [The witness entered court]
4 [The accused entered court]
5 --- Upon commencing at 9.05 a.m.
6 JUDGE MAY: Mr. Nice.
7 MR. NICE: We're on page 5 of the witness's summary.
8 JUDGE MAY: Before you get there, just to deal with the
9 arrangements for today and tomorrow may be convenient. We are in the
10 middle of this witness. We think it right to say that, having considered
11 the evidence and considered too the time constraints, that they should be
12 applied to the Prosecution too and that you should finish with this
13 witness today. So would you tailor your examination-in-chief to do so,
14 and we shall say that cross-examination will follow, if necessary,
15 tomorrow. If we can start earlier, so much the better. And we shall
16 expect it to be, and in fact it must be, finished tomorrow. We'll give
17 four and a half hours, which should be ample.
18 MR. NICE: Your Honour, thank you.
19 JUDGE MAY: That leaves out the Rule 92 bis argument.
20 MR. NICE: Might that conveniently be taken next week in these
22 JUDGE MAY: Yes. When would be a convenient time?
23 MR. NICE: There's something I'm going to want to say about the
24 order of witnesses right at the end of today, and probably in what's
25 called private session because it may touch on a protected witness, but
1 subject to that, Monday.
2 JUDGE MAY: It may be convenient to deal with the timing of that
3 argument when we hear about the witnesses.
4 WITNESS: SABIT KADRIU [Resumed]
5 [Witness answered through interpreter]
6 Examined by Mr. Nice: [Continued]
7 Q. You've heard, Mr. Kadriu, about the time constraints, and
8 therefore, even more than yesterday, if you'll listen to my questions and,
9 where possible, deal with them by yes/no answers, I would be grateful.
10 We touched on the September 1998 offensive in the Cicavica
11 Mountain. In that area, was there the presence of Serb forces, to your
12 knowledge, in September 1998? Just yes or no.
13 A. Yes.
14 Q. Were villagers suffering, and, in a sentence, if so, how?
15 A. They suffered because they were surrounded on all sides, and for
16 the first time they were not allowed to leave their villages. But they
17 were being subjected to an unprecedented terror and violence. There were
18 killings, people injured, there were arrests of many people. About 30
19 people were arrested.
20 Q. Thank you. And very quickly, did you yourself receive information
21 of a man in Pasome, a man of about 55 years of age?
22 A. Before the 22nd of September, there were attacks on the village of
23 Sllakofc and Pasome. On that occasion, a 55-year-old was killed and
24 another one was injured.
25 Q. All right. Thank you.
1 A. And they were killed from the Serb army.
2 Q. Did you see - just yes or no - villagers from Novolan who came to
3 see you on the 22nd of September?
4 A. Yes. We're talking about the village of Novolan.
5 MR. NICE: Yes. May Exhibit 18 please be prepared for showing to
6 the witness.
7 Q. At that time, did you become aware of forces in your area
9 A. Allow me to explain to you. It was the morning of the 22nd of
10 September when we realised that we were surrounded on all sides. We were
11 informed by some villagers of Novolan village who are nearby. They had
12 abandoned their houses when police intervened and came towards our
14 MR. NICE: Novolan, by the way, Your Honours, can be found
15 immediately north-east of Brusnik on map 4/10. I don't desire to see it
16 on the overhead projector for reasons of time.
17 Q. Did you yourself see those forces? Just yes or no.
18 MR. NICE: And if so, may the witness have Exhibit 18.
19 A. Yes. Including the police and military forces later.
20 MR. NICE:
21 Q. Will the witness please look at on the ELMO, on the overhead
22 projector, Exhibit 18. Which, if any, uniforms here match what you saw on
23 that occasion, the 22nd of September?
24 A. It's number 6. Later, I saw people in number 9 uniform, and then
25 there were some police or soldiers who were wearing kerchiefs on their
2 Q. Thank you. When did the Serbian forces withdraw from the area of
3 your village Novolan and so on?
4 A. From our village, they withdrew on the 24th, whereas from the
5 other surrounding villages on the 25th, because there were two circles of
6 encirclement, as it were, in the villages who were along the road which
7 leads to Obilic.
8 Q. Did you - just yes or no - tour neighbouring villages to discover
9 the extent of damage caused?
10 A. Yes.
11 Q. And from memory -- from memory, no doubt having reminded yourself
12 from other records, can you tell us anything about the percentage or
13 number of houses damaged in Oshlan?
14 A. In Oshlan, there were about more than 70 per cent of the houses
15 were burnt, as far as I remember.
16 Q. I take it that's north-west of Brusnik. In Balinca?
17 A. In Balinca, it was approximately a similar situation.
18 Q. Thank you. That's also to the north-west. In Dubofc?
19 A. In Dubofc, it was more than 80 per cent of the houses which were
21 Q. Is Dubofc south-west or is that not the same place?
22 A. Dubofc is located -- let me say west of Vushtrri and my village.
23 That's west.
24 MR. NICE: Your Honour, I made further inquiries last night. The
25 Pristina information office that publishes the map I'm hoping to provide
1 you has run out of them. We're making inquiries of the publishers
3 Q. Okrashtica?
4 A. In Okrashtica, there were fewer, comparatively fewer houses which
5 were burnt down.
6 Q. And that's to the west of Vushtrri. And then in Pantina, which is
7 just above --
8 A. Pantina was most affected by the burning. More than 90 per cent
9 of the houses were burned.
10 Q. And Pantina is north of Okrashtica. And then --
11 A. North-west of Pristina.
12 Q. And Zhilivode?
13 A. In Zhilivode, too, 80 per cent of the houses were burned.
14 Q. I haven't immediately located Zhilivode. Where is that in
15 relation to your village?
16 A. This village is located south-west of Vushtrri and my village.
17 Q. Did you make inquiries in relation to the neighbouring
18 municipalities; Mitrovica, Skenderaj, Gllogofc?
19 A. Yes. These municipalities, too, were surrounded from the 22nd to
20 the 25th of September. They were surrounded like in a quarantine. And it
21 was an iron encirclement in two layers. The second was the army. The
22 second layer was the army with all the armoured vehicles and weapons.
23 If you allow me to explain. On this occasion, there were killings
24 in the mountain region of Cicavica and people were mutilated. It was the
25 22nd of September, 1998. Between the 22nd and the 24th, the people were
1 displaced and had settled in Cicavica. That was before the police
2 intervened, before the police raided their houses. And they left their
3 houses to settle in the mountainous area Cicavica where they found many
4 residents of the region.
5 Q. I'm going to ask you, Mr. Kadriu, if you wouldn't mind, please, to
6 deal with the following in summary simply for want of time. Galice is on
7 the Skenderaj map, and it is itself north-east of Skenderaj, about halfway
8 between there and the edge of the map. Did you find 14 men or 14 males
10 A. In Cicavica, after people had left from the Galice into Cicavica,
11 13 people had died and a woman was killed not far from the site where the
12 13 were killed. So it was 14 altogether from the village of Galice who
13 were killed and massacred. It was a big tragedy for the village.
14 Q. When you saw the bodies, were they naked, piled on top of one
15 another? Just yes or no.
16 A. I got the information from a young man who said that in the
17 village of Cicavica was terrible because the massacred bodies were placed
18 one on top of the other. And we went there to see for ourselves. It was
19 really terrible. There were young people who were mutilated. They had
20 stuck their eyes out, and they had cut off parts of their bodies, and they
21 were placed one on top of the others.
22 Q. Thank you.
23 A. There were six or seven there.
24 Q. Did you see four men, or the bodies of four men in the mountain
25 area Cicavica itself?
1 A. It was less than a kilometre away. There were four bodies. We
2 investigated this with other people too. They were there. And from the
3 horror they saw, because the crime was -- was committed with knives.
4 There was -- they had slit their throats. They had been hit on their
5 heads with a hammer and their brains were scattered around. And we have
6 photographed this, and all the material is with the Council for Human
7 Rights and Freedoms in Pristina.
8 Q. In Oshlan, which is back on the Vucitrn municipality map, just
9 south of Vushtrri, across the -- I beg your pardon. It's west of Vushtrri
10 and towards the left-hand side of the map.
11 In Oshlan, what did you see?
12 A. Also in the village of Oshlan -- I went to Oshlan a bit later,
13 though, because it was very difficult to move around because everywhere
14 there were bodies. I went there in the evening. I didn't see the bodies
15 because they were being prepared for burial, and there were women among
16 those who were executed by the Serb forces, and they were buried that very
18 At the same time when the burial of the bodies in Galice took
19 place, I forgot to say that in the Cicavica mountain, those people who
20 were executed in Galice, two or three of them were pupils, were students
21 in our school. And for this we have documents to prove --
22 Q. Very well.
23 A. -- this fact.
24 Q. Sorry to move you so fast and in an apparently unsympathetic way,
25 but it's just a matter of time.
1 So in Oshlan, how many -- you may have told us. How many bodies
2 did you see there or how many bodies were you told about there?
3 A. About 15 bodies. The bodies of Oshlan, I couldn't see them for
4 myself because they were prepared for burial.
5 Q. You've told us about that. Just yes or no: Did you speak to an
6 elderly woman and her son? Just yes or no.
7 A. Yes.
8 Q. And --
9 A. Yes, I spoke --
10 Q. And did they give you an account - yes or no - of the people who
11 had committed the offences there? Just yes or no.
12 A. Yes.
13 Q. How did they describe them?
14 A. As they were going up the mountain, the wife of the late person
15 explained to us that they were surrounded on all sides, and they were
16 approached by people who were wearing kerchiefs on their faces, and a
17 policeman, as they say. She sometimes said "policemen," sometimes said
18 "soldiers," but she's not educated. She begged them not to kill her
19 husband because, before, they had killed the mother of her husband, and
20 she wanted her husband to be safe. And as she was begging them not to
21 kill him, they shot him dead.
22 Q. Did she say --
23 A. And she was explaining all that to us.
24 Q. Did she describe the uniform the policeman or soldier was wearing,
25 and its colour?
1 A. She was saying that they were mixed. Some were wearing kerchiefs
2 on their faces, some were wearing blue uniforms, but there were also green
3 uniforms and camouflage uniforms because very often --
4 Q. Thank you.
5 A. -- police was wearing anti-bullet -- bulletproof vests in these
7 Q. All right. We move on briefly. In Zhilivode, did you see one
8 body of a man? If so, his age approximately?
9 A. He was a very old man, between 70 and 90 years old. It was the
10 body of a 70- to 90-year-old man.
11 Q. Had his body been mutilated?
12 A. His body did not have any limbs and it was difficult to bury him.
13 He --
14 Q. Thank you. That's all I need to know. In Bivolak -- I haven't
15 located Bivolak yet, but don't worry about it. We'll find it if
16 necessary. What did you see in Bivolak?
17 A. In Bivolak, in addition to a young man who was shot by guns,
18 firearms, there was an adolescent girl. She was in her teens. She was
19 shot. A shell had hit the trailer and she died as they were fleeing the
20 village. Vitore Klinaku is her name, as far as I remember.
21 Q. Did you see the body of an old man there or not?
22 A. Yes. In Bivolak and Zhilivode, there were killings. Some of them
23 were discovered later. One of those killed was buried later, because the
24 people tried to preserve the bodies so that they could identify them.
25 Because some of them were so badly mutilated and transformed that they
1 could hardly be identified.
2 Q. I'm going to summarise the balance, coming back to it only if we
3 have time at the end of the morning. Did you discover evidence of
4 killings in Beciq, Balinca, Smrekovnica, and indeed in other places? Just
5 yes to that if it's true.
6 A. Yes, with the exception of the body in Beciq, who I did not manage
7 to see for myself, but I have it in my documents, and the victim there was
8 a 60-year-old woman.
9 Q. I'll move on now to Reznik. On the 25th of September of 1998,
10 were you informed about the displaced persons in Reznik?
11 A. On the 25th of September.
12 Q. 25th of September, yes.
13 A. I was informed by two or three people who were coming from there,
14 and they told me that an unprecedented number of people had managed to
15 leave Cicavica, because many killings had happened there and they didn't
16 dare stay there. They came to settle in Reznik. I tried to go there, but
17 it was difficult to move around. It was difficult to reach the area
18 because I had to go through several villages which were inhabited by
19 Serbs, and the Serb police was still there, and I didn't succeed in going
21 I was told that there was more than 50.000 people. They were
22 hungry, they were frightened, wounded. And I phoned on my mobile to the
23 Council of Human Rights that there a considerable number of people was
24 being surrounded, so do what you can, because we are on the verge of a
25 catastrophe. And the male civilians were separated from women and they
1 were executed later.
2 Later I informed the American office with the same mobile, because
3 I thought that the Council for Human Rights and Freedoms did not have the
4 authority or the strength or the power to do anything for those people,
5 and later I was told that some bodies which had some influence had
6 intervened to save these people.
7 MR. NICE: The Chamber will recall that Reznik is due south of
8 Vushtrri, immediately across the railway lines.
9 Q. Of the bodies that you were told --
10 A. Reznik, yes.
11 Q. The bodies you were told had visited the village included, did
12 they, somebody comparatively well-known?
13 A. Yes. Later, the Council of Human Rights of Freedoms told me not
14 to worry about the fate of those people because in Pristina, Sadak Ogata
15 happened to be there at the time, and she was the United Nations High
16 Commissioner for Refugees. And on that occasion she had intervened, and
17 with her arrival, the Serb leadership and the Serb army and police began
18 to withdraw their forces and to put several buses from the Kosova Trans
19 company to distribute the people from the area, to spread them around.
20 Q. To whom did you understand had orders been given that this should
21 be done?
22 A. I think this was a secure situation because the then chairman of
23 the municipality, who, as of the 16th of June, 1998, was appointed the
24 chairman of the staff for military police, civilian, and humanitarian
25 affairs, Slobodan Doknic, to do what he could to release these people and
1 to send them home. Doknic himself had a gun, as far as I remember, there
2 once, and he had ordered the tanks to withdraw from the road which is near
3 the railway, and then military and police forces too withdrew, so the
4 people could go where they could to find accommodation, to various homes
5 in Vushtrri, Pristina, and elsewhere, because they could not return home.
6 Q. Thank you. We're going to touch on the role of Mr. Doknic.
7 MR. NICE: And Your Honour, through this witness we can deal
8 directly with the structure of municipality crisis staffs that we would
9 otherwise be dealing with by an expert, which is why I will focus -- we
10 may deal with it by an expert or other witness in due course, but this
11 witness may deal with these matters directly.
12 May the witness now please have the next exhibit, which we've
13 called SK3, in its original form and with the translation available.
14 Can we place the original on the overhead projector. Can we place
15 the original on the overhead projector, please, briefly, so that we can
16 see it.
17 Q. That's in Cyrillic. We can see it has a list of names. We'll
18 look at the translation in a second, but before we move from that: Is the
19 signature one that you recognise?
20 A. Yes. It is signed by Slobodan Doknic. I know this signature,
21 because the person who has signed this was a professor of mine when I was
22 a student.
23 MR. NICE: Can we then have the English version on the overhead
25 Q. The document bears a date, the 17th of June, 1998. It lists the
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 members of the Vucitrn Municipality Crisis Staff and 11 names. Are those
2 names all Serbs or are there any Kosovar Albanians listed there?
3 A. No, there isn't any Albanians listed here. No, not a single one.
4 MR. NICE: May that be given an exhibit number, please.
5 THE REGISTRAR: Prosecution Exhibit 33.
6 MR. NICE: Thank you very much.
7 Q. Can we move on to the arrival of the OSCE, KVM. Was that mission
8 deployed between October 1998 and February 1999, and in your area, were
9 things relatively quiet for some or most of that period?
10 A. No. The situation was not completely calm. It was relatively
11 calm, with conflicts occurring now and then. The chairman of the
12 Committee for the Protection of Human Rights and Freedoms, I asked this
13 monitoring mission to open an office in Vushtrri too, because until then,
14 the office was only in Mitrovica. Because of the violence, we asked them
15 to be placed under their monitoring and control.
16 Q. Thank you. In February 1999, was there shelling again in the
17 Cicavica Mountains?
18 A. Yes, there was. At the end of February 1999, there was shelling
19 of Cicavica, and the local Serbs of the villages thereby, together with
20 police forces, were organised and patrolling the streets which were
21 leading to our villages, to Albanian villages, that is. That was the same
22 also in Novolan, Troje ose village, and so on.
23 Q. And for villagers who were compelled to move, did they move to
24 Vushtrri, and was this the first, second, or third time that many of them
25 had been compelled to move?
1 A. I can't know for sure. It probably was the third time for even my
2 own family members to leave their home. In this case too, they were
3 forcibly evicted from their house by the police, who entered to every
4 house and forced the people to leave. The same happened with my family in
5 March. They settled in Vushtrri, all of them, while once the people left,
6 the houses were set fire to. We could see from Vushtrri our homes on fire
7 and in flames. The smoke and the smell came up to Vushtrri town.
8 Q. Thank you.
9 A. Not only of our village, but also of the other surrounding
11 Q. When did Serb forces achieve control of the area, if they ever
13 A. It was by middle of March, I think, when the military forces, with
14 tanks, penetrated in some parts west of Vushtrri. In Vulan [phoen] they
15 settled earlier, Okrashtica, then they arrived in a village near Cicavica
16 hills. So they had penetrated, as I said, in several remote villages
17 inhabited mainly by Albanians.
18 Q. When did the OSCE leave Vushtrri?
19 A. The OSCE did a great job to mediate and to prevent conflicts
20 arising between the Serb army and people who were fleeing their homes, as
21 well as the KLA. That was settled in Cicavica. From what I remember, it
22 was 19th of March when the OSCE left Vushtrri.
23 Q. What happened to their office and their houses?
24 A. It is interesting to know that, once they left, on the next day,
25 the first house that was set fire to in Vushtrri was the house which used
1 to be the offices of the OSCE, and then the houses where its official
2 representatives lived also was burned. Then the largest part of the town
3 began to be torched every day.
4 Q. Between the 24th and -- I beg your pardon. Between the 22nd and
5 the 24th of March, did you receive reports of people being injured or
7 A. Yes. There were injured people and people who got killed every
8 day. I think it was the 22nd of March. I was in town, together with my
9 family. We were staying with my uncle. I heard that a colleague of ours,
10 a professor - his name is Skender Bllaca - he was executed in the most
11 mysterious way near the road and his body was thrown in a ditch. I may
12 inform you that Skender was being wanted by the police even earlier, who
13 kept demanding money from him. They asked him to give them about 20.000
14 Deutschmark. I don't know what that was. He had managed so far to escape
15 the police, but on the 21st of March, a jeep of green colour had taken him
16 away and had executed him. The next day I saw his body with Miran Halili
17 [phoen] and took him to his family.
18 Q. And apart from that one person, just by number, how many other
19 deaths in like or similar circumstances were reported?
20 A. I can't give you an exact number, but I know that another man was
21 killed in Vulan [phoen].
22 Q. If you can't give an exact number I'm going to move on. Or even
23 an estimate. Can you give an estimate of how many people were killed in
24 that two-day period or three-day period?
25 A. From the 22nd of September, I wrote a report for the OSCE, and you
1 perhaps can find that report in their documents. The number of killed was
2 about 70. Some were injured, some were arrested. As of 22nd of
3 September, they were in Mitrovica prison. Some were sent to Serbia. The
4 number of the arrested persons might be about 30. Most of them were
5 released from gaol. Some of them, maybe five or six, were taken to Serb
6 prisons where they served their sentence until late.
7 Q. Yes. You've given a figure, but I want you to give it again.
8 Just the figure. How many of those were killed, on your recollection? If
9 you don't have a recollection, don't guess.
10 A. As of 22nd of September up to now that we are talking, there were
11 about 70 persons.
12 Q. Not 22nd of September. We're concerned, and it may be my mistake,
13 I'm concerned simply in the period 22nd to the 24th of March.
14 MR. NICE: The summary is not very clear on this, Your Honours.
15 Q. What number were reported killed, if you can help, and don't guess
16 if you can't.
17 A. Okay. You mean the 22nd until the 24th of March. I can't give
18 you an exact number. People were killed, but the relevant document on
19 that incident got burned, so I don't have the number.
20 Q. Did NATO bombing begin on the 24th of March?
21 A. Yes. It was the evening of 24th of March when NATO bombing
23 Q. Were the Albanian people happy or sad about that?
24 A. The Albanian people were very happy.
25 Q. Thank you. Thank you.
1 A. Because we were under --
2 Q. [Previous translation continues] ... time. A few days later, did
3 you become aware of where the Serbs were gathering in Vushtrri?
4 A. I think this was on the second day, that is, on the 25th. In the
5 afternoon hours I was at my uncle's, as I said, staying with my family.
6 This apartment is located near the school, and from the window we saw when
7 the police forces, together with civilians, people, some of whom you might
8 know, arrived there. They were Serb citizens of Vushtrri. Since they
9 didn't have a key to the door, they broke it down with an axe. It was a
10 strong iron door with some glass windows, parts. And I think they form
11 the headquarters of that neighbourhood there.
12 Q. Over the following days, were houses in Vushtrri subject to
13 looting and burning and damage of any kind?
14 A. Yes. Houses were burnt constantly. Burning went on up until very
15 late at night. It started in the northern part of Vushtrri. Then it went
16 on in the eastern part. And this operation continued in the centre. It
17 was difficult for people to move from their homes because they had to pass
18 through many police roadblocks who checked all the ways.
19 Q. Was there a mosque in Vushtrri from the seventh century?
20 A. There were three mosques, but one of them dated back to the
21 seventeenth -- sorry, to the, yes, seventeenth century. It was situated
22 in the centre of Vushtrri. There was also an oriental complex of homes,
23 because Vushtrri, per se, is a very old city. And it started to burn. It
24 was the 28th of March when the mosque started to burn, along with the
25 complex around it.
1 Q. Did you hear Serbs calling anything or saying anything that might
2 have been provocative?
3 A. The house I was staying -- I had already abandoned the previous
4 apartment at my uncle's because it was surrounded by police forces. I can
5 tell you that on that afternoon, close to where we were staying where a
6 house was burnt which used to be the house of OSCE member staff, we left,
7 went, took to the hills. Together with us there were many other
8 citizens. And we stayed at another relative of ours. On the 28th,
9 looting and raiding and large-scale burning began.
10 Q. Mr. Kadriu, you realise the time problems we have. You haven't
11 answered my question. I know it's difficult. It would help me ration the
12 time and use it to the maximum -- make best use of it.
13 Just yes or no: Did you hear Serbs calling anything out in the
14 course of these operations that you've described? If so, what sort of
15 things were they calling out?
16 A. Yes. When -- since we were not very far from the centre --
17 actually, we were close. They were shouting, "Allah, Allah," all the time
18 that the mosque was burning. We couldn't see them, but the fire, I mean,
19 could be seen. The flames could be seen from our home, and we were scared
20 that it, too, might be burnt.
21 Q. On the 29th of March, did you learn of bodies lying near the old
22 bridge in the middle of Vushtrri?
23 A. The brother and an aunt of our relatives who had come from another
24 part of the town told us that in the vicinity of the old bridge, the stone
25 bridge, there were two or three executed bodies that had been lying there
1 for two days, even though the police were close by, checking and
2 controlling the road leading out to other villages.
3 MR. NICE: Dealing with things chronologically, Your Honour, I'm
4 going to ask the witness, with the Court's indulgence, to look at the next
5 exhibit, indicated as SK4 in the summary. It is a handwritten book for
6 which there is no translation, but the only thing I desire to have
7 translated, if the witness can read it out from the original and we can
8 follow, is the heading of what is a list of names.
9 And if that could be made available to him. And to save time, if
10 that could go straight onto the ELMO. These, then, for everybody else.
11 Thank you.
12 I will obtain a translation, if the document is admitted into
13 evidence, of the title page, of the title, and have it made available as
14 soon as possible.
15 Q. Mr. Kadriu, can you just move the book so we can see the title?
16 Thank you very much. Can you read what is at the top of that page,
17 please. Just the title.
18 A. Yes. The first line reads: "The list of tasks" --
19 Q. Just read it out, if you can.
20 A. "List of tasks and commitment to ensure the general protection of
21 the population in Vushtrri."
22 Q. Thank you.
23 A. I'm not so very well familiar with Serbian myself.
24 Q. Can we see --
25 JUDGE MAY: I'm sorry, I didn't follow that. What is the heading
1 at the top?
2 MR. NICE: That's what the witness has read out.
3 JUDGE MAY: Well, there is a heading right at the top. I thought
4 he was reading the second row. I might have been mistaken.
5 MR. NICE: Yes. Your Honour may be right.
6 Q. The very top word. What's the top word, please?
7 A. The heading says "List." The "List." Sorry.
8 Q. There is -- then we see a list of names with dates starting on the
9 23rd of -- 25th of March and spanning periods until April of 1999. We
10 have those lists. We have those names before us. Where did this document
11 come from, please?
12 A. We found this document after the war in an office of the
13 municipality where the popular defence staff was staying during the war,
14 in room number 8 of the municipality building.
15 Q. And the names here, are they names of Serbs or are there names of
16 Kosovo Albanians?
17 A. Generally, they are Serbs. And among these names, I know someone
18 who is from Novolan village, a village nearby my town. I know the names
19 of one or two Serbs whom I know really existed.
20 MR. NICE: May that document have an exhibit number, please.
21 THE REGISTRAR: Prosecution Exhibit 34.
22 MR. NICE: Can we then look at Exhibit SK5, as it's described, for
23 which there is a draft translation. I beg your pardon; the final
24 translation is available.
25 Your Honour, this document and a great number of other documents
1 have associated with them declarations of authenticity as to where they
2 have been found, made by an investigator and indeed the senior
3 investigator at the time in charge of matters in Kosovo. I don't wish to
4 burden the Registry with paper that it may not require. If there's any
5 challenge to the authenticity or provenance of these documents, then I can
6 make these documents available as they're produced. Alternatively, I can
7 keep them back until it becomes an issue, which is what I would prefer to
9 Q. Is this document at which you're looking --
10 MR. NICE: And if the original can go on the overhead projector so
11 that we can just see it once. And then if the original can go to the
12 witness with the English draft -- with the English final translation onto
13 the ELMO, onto the overhead projector.
14 Q. Is this a document --
15 A. Yes, it is a document.
16 Q. -- titled "The Republic of Serbia, Ministry of Interior,
17 Secretariat of the Interior for Kosovska Mitrovica," and then coming down,
18 being the police station at Vucitrn on the 11th of January, 1999, listing
19 something called "RPO," or, "OUP, members who were issued with automatic
20 and semi-automatic rifles"? And then there are a number of names with
21 rifle numbers and the bullets they were provided.
22 MR. NICE: Can that have an Exhibit number, please.
23 THE REGISTRAR: Prosecution Exhibit number 35.
24 MR. NICE: And then next in the small collection of exhibits
25 produced at this stage, may the witness have the document identified in
1 the summary as SK6, a report of the 29th of March. Original, please,
2 straight onto the overhead projector. Straight onto the overhead
3 projector original. And translations. Thank you very much. Yes.
4 Q. I'm going to ask you one more question about the last exhibit, but
5 I'll come to that in a second.
6 MR. NICE: The original then is on the overhead projector. May
7 that now be substituted by the English translation and may the witness
8 have the original in front of him. Thank you.
9 Q. Is this a document signed by the same Slobodan Doknic?
10 A. Yes. I know his signature very well.
11 Q. Being a decision apparently of the Vucitrn municipality Crisis
12 Staff, recording at a meeting held on the 29th of March, pursuant to an
13 Article 2 of the decision on education and so on, that an order issuing
14 authority is appointed for execution of Crisis Staff under war
15 circumstances of the Vucitrn municipality, and it says the transfer
16 account number. And it says "Slobodan Doknic, the President of the Crisis
17 Staff under war circumstances."
19 A. Yes, this is a document.
20 Q. Does it fit with your understanding of the position he was then
21 holding as President of the Crisis Staff?
22 A. I would like to make an explanation, if possible. As of 1998,
23 according to the previous documents, from the 16th of June, all the
24 regular body which was the Municipal Assembly in Vushtrri, after the
25 establishment of the Crisis Staff, this Assembly was overruled by this
1 body. The Crisis Staff assumed all the powers then. It was called the
2 Political, the Military, and Civilian Staff. Sometimes it was called the
3 Staff for Military Affairs, sometimes the Crisis Staff. That is, in all
4 the documents you will see it named by civilian names. The fact is that
5 there were -- there was no more Assembly of the municipality after that.
6 Q. Thank you. On the 1st or 2nd of April or thereabouts, what
7 happened to the occupants, inhabitants of Vushtrri?
8 A. On the 1st of April, the population started to leave the town,
9 mainly going east of Vushtrri.
10 On the 2nd of April, from the centre of the city, police started
11 to go house -- to every house and tell the inhabitants to leave.
12 Therefore, like all the other inhabitants, we too decided to leave. We
13 went to the road where we were told to go. Everybody knew that we were
14 supposed to get together at the cemetery. And then we didn't know what
15 would happen afterwards.
16 Once we arrived at the cemetery, there was a large group of people
17 there. It seemed to us that the whole city had turned out there. Three
18 buses came belonging to Hajra Tours, which the -- the drivers of which
19 said that we were supposed to go to Macedonia.
20 MR. NICE: May the witness see Exhibit 18, please, the uniforms
21 montage again. Did I get an exhibit number for SK6? Sorry. May I have
22 an exhibit number?
23 THE REGISTRAR: The exhibit will be numbered Prosecution
24 Exhibit 36.
25 JUDGE MAY: At some stage, Mr. Nice, we'll have to know what this
2 MR. NICE: Certainly. In a way, I think the witness has dealt
3 with it by his summary of his understanding of the position of Doknic at
4 that time, and there will be some other documents dealing with and some
5 other evidence dealing with what the Crisis Staff was engaged in doing at
6 that time.
7 JUDGE MAY: The English translation doesn't make much sense.
8 MR. NICE: It is the final translation, though. It's what we've
9 got. And, of course, he's not himself a person who has this as his first
10 language. So, yes, I entirely agree. We will need some further
11 assistance with it.
12 May the witness look at Exhibit 18.
13 Q. In the movement of people to the cemetery, what, if any, uniforms
14 did you see, please?
15 A. They were dressed in uniforms I see in photo number 6, but they
16 didn't have helmets there. I recognised him accompanied by two people. I
17 saw Dragan Petrovic, who was deputy commander of the police chief of
18 Vushtrri. Dragan Petrovic led this expedition. I saw him with my own
19 eyes. I didn't see carefully his escorts, because I was afraid they might
20 detect me; therefore, I left in haste and mixed up with a crowd of people
21 who were leaving.
22 Q. And Dragan Petrovic was dressed how? You're saying he was dressed
23 as in uniform number 6, without the helmet?
24 A. He was dressed in camouflage uniform, but he did not have the
25 bulletproof vest underneath.
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 Q. Did you see any other uniforms from that montage that you
3 A. I could not see the uniforms because I had to leave, out of fear
4 that he knew about my activity in the context of human rights and freedoms
5 protection. So I left and mixed up with people and didn't wait for him to
6 come closer, fearing that he might arrest me or do something else to me.
7 Q. What attitude did you take to this forced movement of people from
8 the area? What, if anything, did you try and persuade the people to do?
9 A. People were really scared. They moved by their own cars. Someone
10 walked. They all went to the cemetery, as I said, where the buses came.
11 I felt deep pain. I thought that this was the last time we were seeing
12 Kosova and would not return there any more. So I talked to someone: Why
13 should we leave Kosova? Let's go to some other place. And if they are
14 going to execute, let them execute all of us. Some people tried to
15 respond and think about what I said, and then later I realised that I was
16 not right. They were right, because if we went to the cemetery, many
17 people would have been executed. So we got on buses. Some went by their
18 cars, some by tractors, some on foot. Despite the rain, they walked
19 towards Macedonia.
20 Q. And where did you land up? In which village?
21 A. The convoy continued along the main road and I took shelter in one
22 house on the outskirts of the city, and I walked to the other side of the
23 region, which is called Shale e Bajgores, because I didn't want to go to
24 Macedonia and leave Kosova altogether. I felt pain to do that. So my
25 family came back to Vushtrri and stayed there.
1 Q. Yes. And in Vushtrri itself or in a village outside Vushtrri?
2 A. I settled in a village outside Vushtrri. At the beginning I went
3 to Studime e Eperme, and the second night I spent between the village of
4 Sllakofc -- at a friend of mine who is the local president of the Council
5 for Human Rights and Freedoms, and there I stayed for a month.
6 MR. NICE: Your Honour, this is all going from Vushtrri, on map
7 4/10, north-east. One can see the road leading up there, and that becomes
8 of some significance in a minute.
9 Q. How many refugees, approximately, were there in that area, that
10 road leading up through Studime towards Cecile and Sllakofc?
11 A. It is of interest to stress that the convoy which was going
12 towards Macedonia, they managed to leave the convoy and settle in the
13 villages along the main road between Mitrovica and Pristina, and they
14 settled in the mountainous areas there. There were three areas where the
15 people had amassed. There were people from Podujeva, Vushtrri, and
16 Mitrovica. They had settled in this mountainous area because it was more
17 relaxed and safer there. It was controlled by the Kosovo Liberation
18 Army. And we thought that we could be safer, a great safety there. But
19 there was no food. Food was not sufficient.
20 Q. How many refugees, roughly, in the area where you were?
21 A. There were residents from more than three communes. More than
22 30.000. And that was the region stretching from the vicinity of
23 Pristina. And all the houses there were full of people, but there were
24 people who were staying the nights in trailers, in a very difficult
25 situation, without water, without food. And I was thinking about this,
1 because if I had a mobile, I was going to phone human rights organisations
2 to tell them what hell it was in that area, and we -- the people lacked
3 the minimum of conditions there.
4 MR. NICE: May we have map 4/10 available for the witness in a
6 Q. Did you, at the end of April, become aware of shelling in the area
7 of Popovo?
8 A. I remember that case, yes. We were taking a walk with a friend of
9 mine, and as we were --
10 Q. I'm sorry. Mr. Kadriu, I know it's difficult for you because
11 these are important matters of your own history. We've gone through an
12 hour and ten minutes and we've got through four pages, and we're only just
13 going to be able to finish the evidence by the end of the morning at this
14 speed. We're going to have to go faster and you're going to have to
15 reduce the detailed account.
16 If you'd like to have a look at the map, please. It's coming your
17 way. Map 10 of Exhibit 4. And if we focus immediately on the area
18 north-east of Vushtrri, if you'd like to point out the Studime area where
19 you were and others of the 30.000 were.
20 A. [Indicates]
21 Q. That's there. Now, if you look at that road, there's a road which
22 has a sort of bend in it between Vushtrri and then going up to Studime.
23 Were there people living in that area there - just yes or no - refugees?
24 A. In the Studime e Poshtme village, there were no people. They were
25 evacuated and had settled in the mountainous area. It's very close to the
1 city. They had left much earlier. But in the Studime e Eperme village,
2 there were people.
3 Q. Thank you. Now, if we look still at the map, you've spoken of the
4 shelling in Popovo or whatever it was. We'll hear about that in a
5 minute. That is to be seen a little to the north and to the east, towards
6 the edge of the map. Just point that out.
7 A. [Indicates]
8 Q. There. Thank you very much. Was it shelling or bombing or what
9 that you heard of, and if so, by whose forces?
10 A. We heard bombing. We didn't know what was going on. That night,
11 we were informed that there were killed people, people who were killed.
12 And we went to Popova, together with my friend, and there we saw two Mig
13 aircraft which had flown over the valleys and dropped bombs, thinking that
14 there was the headquarters of the Kosovo Liberation Army. Several people
15 were killed on that occasion, and among those killed there were girls, as
16 well as males, and we attended the funeral.
17 Q. Can we come, in order that we can deal with things
18 chronologically, to a couple of other documents. Can you look, please, at
19 SK7, to see what was happening elsewhere.
20 MR. NICE: Original immediately to the ELMO and distribution of
21 copies. Thank you.
22 Q. This document, then, again over Doknic's signature, 17th of April,
23 Crisis Staff decision, just as an example, that Milislav Kostic, the owner
24 of an enterprise, would be mobilised and the lorry would be placed at the
25 disposal of the Crisis Staff. Now, is Kostic, incidentally, a Serb name?
1 A. Yes.
2 Q. And indeed, do you remember we looked earlier at a document
3 showing the distribution of rifles and ammunition? Were the names on that
4 list - we don't have to look at it again - Serb, or Serb and Kosovar
5 Albanian, or a mixture, or what, if you can remember?
6 A. It was Serb names.
7 Q. Thank you.
8 A. And that was part of the list. And he is from the village of
9 Prelluzhe, of the Vushtrri municipality.
10 MR. NICE: The next document we'll look at shortly, SK8.
11 THE REGISTRAR: Prosecution Exhibit 37.
12 MR. NICE: Thank you very much. I'm sorry. I keep forgetting
13 that. And this one, original straight to the overhead projector, if you
15 JUDGE ROBINSON: Mr. Nice, just a clarification in the document
16 just admitted. The lorry that would be placed at the disposal of the
17 Crisis Staff is a lorry belonging to the enterprise Cobanka?
18 MR. NICE: As I understand it, yes.
19 JUDGE ROBINSON: That's my understanding.
20 MR. NICE:
21 Q. The document at which we are now looking is the 21st of April,
22 1999, and this doesn't come from Doknic. It's from someone else. But it
23 says as a consequence of war actions in the territory of your
24 municipality, there are abandoned cattle and nobody to look after them.
25 So to prevent the cattle from straying, perishing, and since there are
1 citizens interested in grazing and breeding cows in the area of Leposavic
2 municipality, we would appreciate if you would approve of providing 200
3 head of dairy cows from your area, would be allotted to citizens for
4 grazing and breeding. And then it's signed by President Dragan Jablanovic
5 for the Leposavic Crisis Serb area, and that's going to the crisis
6 headquarters in Vushtrri. Is this from one crisis headquarters to
7 another, or something like that?
8 A. This was issued by the same Crisis Staff, but I must explain that
9 Leposaviq is a town which is north of Kosova and largely inhabited by
10 Serbs. And the Albanian property, which were the properties which were
11 looted from the Albanians, were sent -- stuff looted was sent to Leposaviq
12 for the needs of the citizens there or for the needs of the army there.
13 There was large-scale crime in this respect. This is just a document, but
14 at that time there were many cases when the property of the Albanians was
15 used for the needs of the Serbian army and police.
16 Q. Move on in the narrative. In May of -- sorry.
17 THE REGISTRAR: Prosecution Exhibit 38.
18 MR. NICE: 38. Thank you very much.
19 Q. By the end of May of 1999, had the position changed in that the
20 KLA were giving different advice as to what people should be doing?
21 A. It was on the night of the 1st of May when we were informed that
22 the Serbian forces were advancing on all fronts, and some members of the
23 army, of the KLA, said that because of the lack of ammunition and weapons,
24 they were no longer in a position to cope with the offensive. So they
25 advised: Do what you can to go to safer places, because if you stayed
1 there in that area, that would be dangerous.
2 So many people decided to go towards Vushtrri and then to
3 Macedonia. So the offensive progressed and approached the area
4 surrounding the villages of Sllakofc, and the artillery moving. On the
5 2nd of May, a big convoy of people began to be created, moving towards
6 Vushtrri. Even before, people were trying and then managed to get into
7 Vushtrri, and they had paid their way out of the dangerous area, and that
8 was on the way which passes via Studime.
9 A woman from the village of Kolle had been to get some food in
10 Vushtrri, and as she was coming back, where the river passes, the Serbian
11 forces which were deployed in the hills nearby, they shot and killed her.
12 Three other people were also killed in similar circumstances. But the
13 situation was very difficult from the point of view of lack of food and
14 water, and it was made worse from the intervention of the police and army,
15 of the Serb police and army, and now the column was on its way towards
17 Q. Yes. Now, this convoy is the subject of an amateur video; is that
19 JUDGE MAY: Let me know if the witness was on it. It's not clear.
20 MR. NICE:
21 Q. Were you on this convoy yourself?
22 A. As the rest of the population -- and myself and my friend were the
23 last to join this column. There was an unprecedented number of people,
24 and the column was kind of stood put, was staying in place, because the
25 road was overcrowded.
1 JUDGE MAY: All we want to know is whether you were on it. That's
2 the only point for the moment.
3 THE WITNESS: [Interpretation] Yes, I was.
4 MR. NICE:
5 Q. And it's the subject of a video; correct? Just yes or no.
6 A. Yes. We have a videotape which is about the massacre that took
7 place on the night of the 2nd of May, when within one hour, starting from
8 9.00 in the evening, a massacre was carried out.
9 Q. Has there also been a report prepared with photographs and an
10 extensive map of this convoy?
11 A. We have prepared a technical report describing the route of the
12 convoy before the shelling started.
13 MR. NICE: Your Honour, we have managed, although this document
14 only arrived recently, we have managed to have it copied and to have it
15 associated with a legend that provides a translation. If I can produce
16 that now before any break, then I'd perhaps ask the Chamber, if it has
17 time in the break, simply to look at it.
18 MR. KAY: Perhaps we could find out who the "we" was who prepared
19 it that the witness referred to.
20 MR. NICE: While these are offered for distribution --
21 THE WITNESS: [Interpretation] It was prepared by a group of
22 experts, lawyers. From the technical point of view, there was another
23 person who, before he was sacked from his job, he worked for the Kosovo
24 police. He did not have good equipment, but he was the one who managed to
25 produce this technically.
1 MR. NICE:
2 Q. You have a look on this document. It has in the front part of it
3 on yellow paper - white paper in the photocopy - a long map showing the
4 route of the convoy. Yes?
5 A. Yes.
6 Q. And there's a little part that's --
7 A. Yes.
8 Q. -- that lifts up from that in the middle of it, showing where
9 bodies were buried and later exhumed, I think, by the ICTY; is that
11 A. Yes, that's correct. To this day, in this site, there are the
12 graveyards where the exhumation was carried out by the ICTY
14 MR. KAY: Perhaps it should be made clear whether any of this work
15 is this witness's work or the work of someone else. It's certainly not
16 clear to me at the moment. I think the Trial Chamber should be satisfied
17 as to the nature of the document that's now being presented for it and
18 whether this witness can properly speak to it. There's been no notice
19 that he's an expert witness or anything like that.
20 JUDGE MAY: No. And it's untranslated.
21 MR. NICE: Your Honour, there is a legend, and if it hasn't been
22 distributed, that's an oversight. Here comes the legend. But I'll get
23 the witness to deal with his contribution to the document in any event.
24 Q. The things set out on this report, are these some or all of the
25 things you saw yourself?
1 THE WITNESS: [Interpretation] Your Honours, may I say something?
2 JUDGE MAY: Please just answer the question.
3 MR. NICE:
4 Q. Are the things that are set out here or some or all of them things
5 that you saw yourself?
6 A. Yes.
7 Q. When the report was compiled, were you involved in its compilation
8 or not?
9 A. I was one of the supervisors. I was organising the work that was
10 being done. It was the expert personnel who was carrying out the actual
11 reporting, who was compiling the report, and the person who worked before
12 1990 for the Kosova police force.
13 Q. Was it prepared for your organisation?
14 A. We did not know that this court was going to be organised. We
15 were thinking about processes which would start in Kosova.
16 MR. NICE: And, Your Honours, what I would like to do, apart from
17 have the document exhibited and available for inspection over the next
18 break, is just to ensure that the Chamber understands where the route
19 shown on the pull-out plan is reflected on the map itself. I think that
20 would be helpful.
21 So if the witness could now have Exhibit 4/10, the map again, on
22 the overhead projector.
23 Q. Can you look at the overhead projector, please, Mr. Kadriu, and
24 tell us where the road shown on the pull-out plan is shown on the map on
25 the overhead projector.
1 A. This is Studime e Eperme village. We passed via Studime, and we
2 continued the route towards Vushtrri.
3 Q. So it is as I -- it's the road with the bend in it that I drew to
4 your attention earlier, starting at Studime and ending up in Vushtrri?
5 A. On the map, we have the road from the Studime e Eperme and the
6 other villages have not been included, and the population was coming from
7 all the surrounding villages. But on the map here, we have the road from
8 Studime to Vushtrri.
9 JUDGE MAY: What is on the front? Do we have that translated?
10 MR. NICE: If we haven't got that translated, that's an
11 oversight. Perhaps the witness can read it out. It is in his language.
12 Q. Can you read the cover of the -- no, absolutely the cover. No.
13 This bit here, Mr. Kadriu. Can you read that out in your own language? I
14 will have it translated.
15 A. It writes: "The sketch with pictures on the case of Studime e
16 Eperme and Studime e Ulet on the date of the -- dated May, 1999," it's
17 the, "2nd of May, 1999, where people who have been Albanians who were
18 leaving the area were executed."
19 Q. And the title in printed script, or in print, rather, what does
20 that read? Can you just read that out, please.
21 A. Yes. It writes in both languages because at that time we did not
22 have relevant documentation. It writes in Albanian: "The bundle of
23 documents," and then it's in Serbo-Croat, which is the same material.
24 These files were used for the needs of the commission.
25 JUDGE ROBINSON: What I would say, Mr. Nice, is that the map is a
1 very graphic illustration of the length of the convoy, because I am unable
2 to pull it out to its full length with one arm.
3 MR. NICE: Your Honour, I can understand that. I'm very grateful
4 to those who managed to put this together at such short notice, but it
5 seemed appropriate to have it in the identical form for the Court as it
6 existed in the original.
7 I don't know if that can be given an exhibit number, and if by its
8 production before the break I will be able to make great savings of time
9 about the convoy after the break.
10 JUDGE MAY: Yes.
11 THE REGISTRAR: Prosecution Exhibit 39.
12 MR. NICE: Thank you very much.
13 JUDGE MAY: Yes. We'll adjourn now for 20 minutes.
14 --- Recess taken at 10.30 a.m.
15 --- On resuming at 10.55 a.m.
16 JUDGE MAY: Mr. Nice, I know you've been making as good speed as
17 possible. We understand that there is a problem as far as the accused is
18 concerned in sitting late because of the visit by his wife only being
19 available today. So the greater speed we could make, the better.
20 MR. NICE: Your Honour, I shall do my very best.
21 Exhibit -- before we move on, Exhibit 36, the document the Chamber
22 could not understand. If I said it was a final translation, I was wrong.
23 It's a draft translation. And I'm grateful to the interpreters in the
24 booth who unraveled the dilemma a little bit. The word "education" is a
25 mistranslation. A similar word, but in fact it's "establishment." So
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 that in the first line, the document should read: "At its meeting on the
2 29th of March, 1999, pursuant to Article 2 on establishment of the
3 Municipal Council." That, I think, renders the document more
5 Your Honour, if we can return to the evidence of the witness. The
6 video of which he speaks is one that I think the Chamber has already
7 seen. The six-minute extract that has been carefully and helpfully
8 compiled is one I will not play unless I find I have time before the end
9 of the morning.
10 The Chamber having now had the advantage of seeing the general
11 form of preparation of the exhibit that's just been produced, I propose to
12 go through the witness's account of incidents in the convoy in as short a
13 period of time as I properly can, just getting him to deal with particular
15 Q. Mr. Kadriu, forgive my compelling you to be brief but it's
16 essential we do so.
17 You've already explained to the Judges that you were certainly
18 initially at the end of the convoy, and you've told us about there being
19 up to 30.000 people in it. Did there come a time - and please use yes or
20 no answers wherever you can - did there come a time --
21 A. Yes.
22 Q. Did there come a time when the convoy appeared to stop, to come to
23 a halt? I think that "yes," will do to that?
24 A. The column, convoy, was stopped at about 50 -- 17 hours. That is
25 at 5.00 in the afternoon.
1 Q. Was a 17-year-old girl found to have died as a result of
3 A. In Upper Studime, when we heard fire coming from all sides, this
4 young girl was injured and died afterwards. She was injured in Upper
5 Studime --
6 Q. Thank you.
7 A. -- when we started.
8 Q. Did you learn of who was at the head of the column and what they
9 were apparently doing?
10 A. We saw that the convoy was very slow in moving because of the very
11 large number of people. Then we found out that the column was headed by
12 three representatives who were waving a white cloth, and we were moving in
13 the direction of Vushtrri so that the Serb forces who were stationed along
14 and -- along the road and especially in a hill didn't fire at us. But
15 they kept firing now and again.
16 Q. Thank you. Did you go to the front of the convoy? If so, who did
17 you find to be leading it?
18 A. At the head of the column was a 65-year-old man by the name of
19 Brahim Muliqi; then Bajram -- Muharrem Shabani, former deputy of Kosovo
20 parliament; and then Professor Bajram Mulaku. And we consulted them as to
21 why the convoy was stopped, and they said that it was getting late.
22 Q. Was there a white flag?
23 A. Yes, there was a white flag which they had put on a concrete
24 hole -- pole so that the Serb forces could see it.
25 Q. Thank you. Did you, at 9.00 p.m., hear sounds of forces, Serbian
2 A. Yes. When we were settled there on the fields, some sitting on
3 their tractors, at the end -- by the end of the convoy we heard some
4 shouts. We thought they were police and soldiers' shouts. Then people's
5 shouts, then the roar of the engines. Then we heard fire shots, gunshots,
6 and people were getting killed.
7 Q. Did the Serb forces give any instructions to the convoy that you
9 A. When we were hearing people being killed at the end of the convoy,
10 we didn't know why, but later found out why. We saw that -- I mean, some
11 Serb forces had entered the convoy. It was night. We couldn't be sure
12 who was in the convoy: who was police, who was soldier, and so on. I
13 heard them saying -- there were three people. I saw one of them as a
14 silhouette. He was accompanied by two others. They said, "The convoy
15 should come after us," and they were insulting us. And this is what we
16 did. At the beginning, I didn't leave right away, but then we did follow
18 Q. In the course of this period of time, did you hear anything being
19 said over Serb radios?
20 A. We had not made a long way before I heard some policeman or
21 soldier. I'm not sure, because it was dark, very dark. He smelled of
22 alcohol. I heard that he was talking on the radio. Before that, he
23 killed someone ahead of us. It was about 20 metres before us. He placed
24 a battery in front of people's faces -- he placed a torch in front of
25 people's faces, and then we saw him kill one of the people in the convoy.
1 He threw his body on the river bank. We were very scared and feared that
2 he would recognise us and kill us too.
3 Then after about 50 metres, we could hear very well the sound of
4 the radio. He was asking someone, "How many until now?" That was what he
5 said. This was heard not only by me but by others. And we heard him
6 saying, "Sixty." I thought he was talking about people being killed --
7 Q. Thank you. Did there come a time when the convoy was split in
8 two, at a time when you were aware there were no Serbian escorts near you?
9 A. They escorted us for a time and then this guy stopped behind. The
10 others were at the beginning of the convoy. For a moment we heard some
11 shots. I think it came from some mortars [as interpreted]. I have done
12 the military service. I think they were grenades. The first grenade fell
13 in the river. I heard children cry. The cries were so horrible that I
14 could never forget them, even when I was in gaol. Then we heard two other
15 grenades fall, but I wasn't sure where they did fall or where they did
16 come from, and then I saw the convoy stop.
17 Q. Did the convoy start again in due course, and were you taken to
18 the agricultural cooperative in Vushtrri itself?
19 A. While we were walking, people were being shot. We heard the
20 gunshots. We continued helping each other. We helped a mother who was
21 carrying a child on her back. That mother knew nothing of her own
22 family. We helped her until we went near the city. There we saw other
23 forces coming towards us in cars, and we were afraid that they would
24 recognise us and so left the lady alone. Together with Fadil, we followed
25 with the others in the convoy.
1 Once we arrived at the entrance to the city, we saw that all the
2 doors of the houses that were empty now were ajar. Some were very scared
3 and thought -- without knowing where we were going. And we wanted to
4 leave the convoy, but the fact was that in those houses that we believed
5 were empty were Serb troops who were ready. Once someone tried to leave
6 the convoy, they fired at them. This was the case with two people who
7 attempted to flee the convoy, which happened in the vicinity of Vushtrri
8 before going to the main road.
9 Q. Now, we've come, as it were, to the end of the convoy, because
10 you're in Vushtrri, in the cooperative. The Judges have the report that
11 was prepared. Can you just help me with one detail so that we can
12 understand it. In the map that is produced as part of the report, there's
13 the pop-up or fold-out part that deals with the graveyard and has a legend
14 attached to it starting at numbers 9, I think, roughly, dealing with the
16 In as short a period of time as you can, just a couple of
17 sentences, can you explain the history of events that led to this
18 graveyard? Where were the bodies killed that were buried there? When
19 were they buried there?
20 A. The murders started at about 9.00 in the evening and continued
21 even after midnight, while the convoy kept moving and people kept being
22 shot. People were shot mainly in the road between Studime e Eperme and
23 Poshtme, where we had decided to spend the night so that we could find out
24 what happened next morning. While the executions were taking place,
25 Studime e Eperme and other villages were being torched. We could see this
1 very well because of the flame that shone in the sky that night.
2 Q. How did the people who were killed come to be buried at that
3 particular site that we know was subsequently exhumed?
4 A. There were 109 people who got killed that night in a short period
5 of time. One hundred and four or one hundred and three were buried in
6 Studime e Eperme on the next day, after their bodies were collected by
7 some people who were sheltered in the mountains, ordinary people, but also
8 by the KLA, who returned one day later. Some of the soldiers of the KLA
9 returned on the next day and helped the farmers bury the dead bodies
10 executed on the night of the 2nd of May.
11 Q. If I can now pick up the story in the agriculture cooperative.
12 When you were taken there, was anything said - just yes or no - about what
13 was going to happen to you?
14 A. Yes.
15 Q. And what were you told was going to happen to you?
16 A. While we were entering the cooperative -- because the cooperative
17 and the factory that there is there are divided by a road. While we were
18 entering it, we saw a motorised convoy of Serbs. I think it was led by
19 two tanks. Then the others were armoured cars and APCs. There were about
20 17 of them. When they were driving past us, they told us that, "We have
21 orders to kill all of you, whereas your wives, your sisters, we have raped
22 all of them up there," up there when the crime scene was.
23 MR. NICE: Thank you. May the witness be shown in due course
24 Exhibit 17, please.
25 Q. Who appeared to you to be in charge or one of the officers in
1 charge of people at the time?
2 A. Everybody who was there - not only myself, those eyewitnesses who
3 saw their relatives being killed - said that first the army passed, then
4 they were followed by other groups of policemen whom they knew. They knew
5 the police chief, Vucina Janicevic [phoen], Ljubisa Simic, Petrovic. When
6 we arrived at the courtyard, I heard myself one policeman shouting in
7 Serbian, saying, "Where is Petrovic?" The other answered, "He's coming."
8 And then they herded us in the cooperative storehouses which are about 30
9 or 50 metres long. I am not sure about the size of these storehouses.
10 Q. Before we move along to what happened inside, Exhibit 17, please.
11 Can you look at this on the overhead projector and tell us which, if any,
12 vehicles you are now able to recognise as vehicles that you saw on that
14 A. It was number 4. The tank might be like this one here, the two
15 tanks that I saw. One was at the beginning. The two others were at the
16 end of the convoy of armoured cars. There was a truck like this and like
17 this one here, 8. But on both sides they had two rubber tyres. This type
18 here, this APC --
19 MR. NICE: Number 9.
20 A. -- was also used. Number 14 that I see here, from 1997, end of
21 1997 and 1998, they saw such kind of cars patrolling the streets, but not
22 white like this, but of dark green, I think. SMB, dark SMB. They had
23 dark glasses [as interpreted]. You could not see inside.
24 Q. Thank you. And in what uniforms, if you were able to recognise
25 the uniforms, were the men dressed who were controlling the convoy and its
1 move to the agricultural cooperative?
2 A. That night it was dark. Until after 10.00 it was really very
3 dark. Then the moon started to shine. On the next day, in the courtyard
4 of the cooperative, I saw camouflage blue uniforms that were usually worn
5 by the police, as well as some other uniforms that the police used to wear
6 in the past, only blue. On their shoulders, I remember very well they had
7 some insignia which -- I think it was red and green and maybe white. Blue
8 and white, I think.
9 Q. Very well. We must move on. On the 3rd of May -- I beg your
10 pardon. You were detained overnight. Roughly how many civilians had
11 arrived with your group?
12 A. My group -- I told you the convoy was separated in two parts. My
13 group didn't have more than 1.000 persons. They pushed us. "Go to this
15 Q. Thank you. Mr. Kadriu --
16 A. But people arrived all night.
17 Q. It's a pity to abbreviate your account, but we have to. The
18 people arriving, were some of them injured? Just yes or no.
19 A. There were some injured and some killed who people had brought,
20 their bodies, had brought in their trailers. People who had been executed
21 in those very trailers, and they had kept them there.
22 Q. Did the Serb police who were controlling you offer any type of aid
23 to those who were injured?
24 A. No. I remember very well this detail. Next morning, it was about
25 9.00, a mother whose child wanted water -- we were all thirsty. We were
1 standing. People were crammed there, and the courtyard was full of
2 people. I remember that lady trying to go to a fountain to get some
3 water. The Serb forces who were deployed along the road and who looked at
4 us --
5 Q. Mr. Kadriu, thank you very much. We get the point. No water was
7 A. No. We were not -- allow me please to finish this detail, if I
9 JUDGE MAY: Let counsel decide what's important, please,
10 Mr. Kadriu. He knows what's relevant.
11 MR. NICE:
12 Q. Mr. Kadriu, the only reason we're abbreviating it is because there
13 is a finite amount of time that we have.
14 The 3rd of May, was there a separation of men from women?
15 A. Yes. On the 3rd of May at about 10.00, they came and ordered us
16 to separate men from women.
17 Q. Did the women and children indeed go to an adjacent field and did
18 they appear to be being registered?
19 A. Yes. They ordered us that people -- men from the age of 15 or
20 17 - I am not very sure - up to 17 -- 75 should stay on the -- on one
21 side of the yard. The women and the children shall stay in the yard where
22 we all were before.
23 Q. Who was in charge of this operation?
24 A. The person in charge of this operation was Dragan Petrovic.
25 Vujanovic was not there that day. Draganovic led the expedition. And
1 Dragan Mihajlovic from Maxhunaj village - he worked in the secret police
2 service in Vushtrri - was there too.
3 Q. In the course of operations at this time, did something happen to
4 a man called Ali Mernica?
5 A. While we were waiting for the trucks to transport us to the prison
6 of Smrekovnica, there is a narrow street that separates the yard. Then we
7 saw two policemen calling -- talking with family members of Ali Mernica.
8 Then we saw him being taken away. Then they crossed the road and went to
9 the extra factory yard. Then we saw --
10 Q. I'll stop you there. What was Ali Mernica well known for having
11 done earlier in relation to education?
12 A. I remember that at the time when we were dismissed from schools
13 during 1991, he gave his three houses for -- put them at the disposal of
14 Albanian teachers to use them for education purposes.
15 Q. He was taken aside by the police. What happened to him?
16 A. One of the police stopped. The other accompanied him behind the
17 factory where we couldn't see what was happening, but we heard the
18 gunshots. Then we heard the policeman returning alone. The other part of
19 the population were being registered on the other part of the road where
20 the civilian population --
21 Q. And indeed --
22 A. -- was.
23 Q. And indeed Ali Mernica had been shot dead?
24 A. We heard that Ali Mernica was executed that day. And his body was
25 exhumed by the ICTY. His corpse was found, because we didn't know where
1 he was buried.
2 Q. Was the -- were the documentation of men checked?
3 A. Yes. They checked all our documentation.
4 Q. Were you allowed to keep your documentation at this stage or not?
5 A. At that moment until we were in the yard of the cooperative, they
6 checked our documents and separated us. They took some of us who were
7 drivers and they told them to stay aside, whereas we who were supposed to
8 go to prison were told to stay aside. The operation went on
9 simultaneously. The population was transported --
10 JUDGE MAY: All you were asked was whether you were allowed to
11 keep your documentation. Mr. Kadriu, could you just listen to the
12 question and just give a fairly short answer. If there are relevant
13 matters, counsel will mention them.
14 Were you allowed to keep your documentation?
15 THE WITNESS: [Interpretation] Yes. At that place, yes. They
16 returned our documents back then.
17 MR. NICE:
18 Q. And at the same time, were Serb police telling you something about
19 where you were to go or where people were to go?
20 A. They didn't tell us anything. Many people went to police and
21 offered them money, up to 2.000 Deutschmark, just to let them escape. I
22 remember that other people on the other side of the street were shot.
23 Q. Pause. Was anything said to people about where they were to go?
24 Was anything said about Albania at this stage? Just yes or no, and if
25 yes, what?
1 A. We didn't know where they were taking these people, but we saw
2 them being escorted by police on both sides. We were sitting there with
3 our hands tied behind our heads.
4 MR. NICE: Can we just look at another document to see what's been
5 recorded in the Crisis Staff at this time, SK9. The original straight to
6 the overhead projector.
7 This is a document dated the 3rd of May, recording a decision of
8 the municipal Crisis Staff. We can now put the English version on the
9 ELMO and hand the original to the witness. Thank you very much. The
10 decision is by the same Slobodan Doknic, recording that the municipal
11 Crisis Staff should establish a census-taking commission, the named
12 individuals to take a census as soon as possible, and associated orders.
13 Q. Were you aware of any census-taking at that stage by the Crisis
15 A. We were seeing the census being taken, that is, the registration
16 of people, of civilians, and we knew those people who were registering --
17 Q. Thank you very much.
18 A. -- the people.
19 Q. You were then, I think, taken to Smrekovnica prison.
20 A. Yes, that's true.
21 JUDGE MAY: Exhibit number.
22 MR. NICE: I'm so sorry. Exhibit number.
23 THE REGISTRAR: Prosecution Exhibit number 40.
24 MR. NICE: Thank you.
25 Q. At Smrekovnica prison, were your documents checked, and if so, by
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 what type of person?
2 A. We arrived there by trucks that were taken away from the
3 Albanians. We were in the last truck. We were transported to Smrekovnica
4 prison at 4.00. We arrived there.
5 Q. Yes.
6 A. When we arrived there, we saw Serb security people seated in some
7 long tables.
8 Q. Were your documents checked? Yes or no.
9 A. Yes, they were checked. We were all registered. Then they pushed
10 us against the wall, some others, some other guards.
11 Q. And how did the police treat you on arrival or when you were
12 pushed against the wall?
13 A. Very badly. Someone has hit his head or his forehead on the wall,
14 if you were not careful, because they forced us to face the wall --
15 Q. Just one moment.
16 A. -- after we were registered.
17 Q. So you were registered. Was that the ordinary police who were
18 doing these things to you or was that the secret police?
19 A. The registration was done by the secret police. I recognised
20 Janic there. Simic was from Vernica village, not far away from us. We
21 used to work in the secret police. And some others I didn't know.
22 Q. Can we now -- and you were taken to a cell. The dimensions of the
23 cell and the number of people in it? And that's all I want from you on
25 A. We were placed in a hall in the second floor, and in the cell
1 where I was taken, it was 4 by 5 metres. We were not more than 17 or 18
2 people at the beginning, but then when other inmates came, we became 63
3 people shut in one -- in the same cell. Even the corridors were full of
4 prisoners. People used to sleep in the toilet too.
5 Q. And how many days were you kept in a cell in those numbers?
6 A. From the 3rd of May up to the 23rd of May when we were released
7 and deported to Albania.
8 MR. NICE: May the witness now see Exhibit SK10.
9 Again, Your Honour, associated declarations by the investigator
10 are available for this document if its provenance or accuracy is
11 challenged in any way.
12 All right. English version onto the overhead projector, original
13 to the witness.
14 Q. This is a document from Vucitrn Department of the Interior, dated
15 the 3rd of May, to the -- with the department heading that's -- an
16 expansion of which is unknown, to the Secretariat of the Interior and to
17 the heads of the Department of Police, the Criminal Investigation
18 Department, as well as to the duty service shift leader for Kosovska
19 Mitrovica. And does the document we all see is signed by someone called
20 Ljubisa Simic, assert that on the 3rd of May, 1999, members of the police
21 force engaged in breaking up Siptar terrorist gangs in the sector of the
22 Gredec mountain, retaining a total of 887 individuals who are strongly
23 suspected of participating in the armed attacks against members of the
24 Republic of Serbia MUP and Yugoslav army.
25 All of those taken to the KPD penal and correctional facility in
1 the village of Smrekovnica for further operative processing.
2 Then it records 17.000 to 19.000 inhabitants willingly left the
3 territory of Vucitrn municipality in their own vehicles.
4 The municipal authorities of local self-government registered a
5 total of 716 families and 7.969 members who were put up on their own
6 accord in the villages of Karace, Donja Sudimlja, Smrekovnica, and Kicic.
7 The municipal authorities distributed food, water, and medicine.
8 Just help us with this: So far as you were concerned, were the
9 people detained, if it's the same people identified as the 887 here,
10 terrorist gangs attacking the MUP and the Yugoslav army?
11 A. It is of interest to say that all of us who were taken to the
12 prison of Smrekovnica, we were unarmed. We were civilians. The army had
13 left Studime a night earlier to avoid crimes, and none of us was armed and
14 we did not take part. We were not members of the KLA. Had we been
15 members, we wouldn't have joined the convoy. We would have run away,
16 stayed away from it like others.
17 MR. NICE: May that become Exhibit 41, please.
18 THE REGISTRAR: Prosecution Exhibit 41.
19 MR. NICE:
20 Q. Did you go without food for three days, thereafter receiving some
21 water and bread? Did you all get diarrhea and were you taken out from
22 time to time from the cells to be dealt with by the police?
23 A. It is correct to say that no one turned up for three days to see
24 us, and there were people who had many days who hadn't eaten a thing and
25 that was because of their movement around the mountainous area, and we
1 thought they were going to leave us die from hunger.
2 A day before they brought bread to us, they also allowed water to
3 come to the area, and everybody rushed to there, but after drinking that
4 water that they brought to us, we had diarrhea. All of us were suffering
5 from diarrhea. Later, they brought some tanks, tankers with water. Then
6 some policemen turned up to our rooms to bring some ordinary prisoners,
7 and they also delivered some bread to us, and they called names. They
8 threw the bread to us, pieces of bread to us from a distance.
9 Q. Were you taken out from the cell from time to time by the police?
10 If so, what did the police do to you?
11 A. Time after time, policemen would come and ask, "Who is from the
12 village of Bajgora," for example, or from X village. And then they took
13 them away and they mistreated them, and no one dared not to turn up. And
14 then there were cases when they did not identify themselves. And it was
15 not only the prison wardens who were doing it, but among them, I would
16 like you to know there is Sasa Milojevic, from the village of Druar, who
17 before the war worked as an official in the municipality offices of the
18 village, and Vukotic, the terrible Vukotic, who has committed many murders
19 in the town, as well as in the village of Maxhunaj. He worked in the
20 municipality court.
21 Q. Thank you.
22 MR. NICE: Can we look at the next exhibit, please, SK11. We'll
23 proceed with the photocopy for the time being. Lay the photocopy of the
24 B/C/S on the ELMO. Thank you very much. Having viewed that, if you would
25 hand that to the witness and the English onto the ELMO.
1 Your Honour, I think that the original produced on the last
2 exhibit -- I'm holding the original for the last exhibit, and I think the
3 original handed in as the last exhibit is this one, but we'll sort that
4 out later. That's for the last exhibit, I think. The one that was handed
5 in for the last exhibit is probably this one.
6 Q. Does this document, please - have a look - does this document,
7 headed "The Republic of Serbia," dated the 11th of May - yes, it does
8 appear to - does this read as a request of the Kosovska Mitrovica
9 Correctional Institution?
10 A. Yes.
11 Q. And does it record: Since we've been dealing with an enormous
12 number of detained people in need of food and supply in the correctional
13 institution in Smrekovnica, ask the headquarters to provide -- and then
14 potato flour, oil, and so on. In view of the transport requirements under
15 war circumstances and lack of vehicles, asking for passenger, car, van,
16 and a water system. And then for food requirements, 15 to 20 head of
17 cattle and three dairy cows, laying hens.
18 Did you, as a matter of fact, in your time in the prison see any
19 meat or have any meat?
20 A. We never -- we were never given meat. We were given soup, and we
21 were not allowed to even finish it. Because there was a prison warden who
22 was hitting us with a baton, and we were forced to leave it unfinished.
23 Sometimes we took bread with us.
24 Q. Thank you.
25 MR. NICE: Next document, Exhibit SK12.
1 JUDGE MAY: Number for the last one.
2 THE REGISTRAR: Prosecution Exhibit 42.
3 MR. NICE: The original straight to the overhead projector,
4 please. If we can now place an English translation on the overhead
5 projector, hand the original to the witness.
6 Q. Is this a document recording that at a meeting on the 11th of May
7 of the Municipal Crisis Staff of Vucitrn, a decision was made that 150 to
8 200 head of cattle would be fattened and used for the requirements of the
9 Yugoslav army and police, and that a copy of that decision should be
10 delivered to the veterinary service, the farming cooperative, the army,
11 the Ministry of the Interior, and signed again by Slobodan Doknic? Is
12 that correct?
13 A. Yes, that's correct. There are other cases when things were sent
14 towards Leposaviq for the needs of the army and the police, and they were
15 considered as free cattle.
16 Q. In any event, we see here Doknic making provision, although he was
17 a civilian - or making provision through his Crisis Staff - for both the
18 army and the police.
19 A. On certain occasions the Crisis Staff was called the Staff for
20 Military, Police, and Humanitarian Affairs. That's what it was called.
21 THE REGISTRAR: Prosecution Exhibit 43.
22 MR. NICE:
23 Q. Moving on with your account of what was happening inside the
24 prison, somewhere between the 12th and 14th day of your detention, were
25 you men taken into rooms for -- or were you initially lined up outside a
1 supervisor's office and then taken into different rooms where you were
2 spoken to by men in civilian clothes, or a man in civilian clothes?
3 A. Yes. They took us in groups and took us away to the prison's
4 directorate, where there were many rooms, and then separated us, and we
5 were waiting in turn to be questioned. And there were civilian officials
6 there who were asking questions. They told us that -- for example, they
7 told me that, "You have conducted terrorism in Cicavica and that's where
8 you were captured." And I reacted to that and said that, "You captured
9 me -- or you got me in Studime, not in Cicavica, and that I'm an activist
10 of human rights and freedoms, and I went there to check the situation, the
11 humanitarian situation, which was very difficult." And he turned to me
12 and said, "No one is asking you to say that." And we didn't communicate
13 later since that moment. And he was dictating and his secretary was
14 writing, and we were forced to sign that document. And I remember a
15 person, 68 years old - he was ill. He was very ill - in the prison cells,
16 and he did not know how to write. And so they forced him -- they got his
17 finger and he put his finger as a kind of signature or stamp on the
19 Q. Now, these documents that you were compelled to sign, were you
20 given a copy of them?
21 A. They gave each and every one of us a copy of these documents,
22 where we were accused of having committed terrorist acts, including that
23 70-year-old man.
24 Q. What happened --
25 A. All were civilians. All of us were civilians.
1 Q. What happened to the copy that you were given of yours?
2 A. On the 23rd, a day before that, people were taken away and we did
3 not know where they were taken to. On the 23rd they called up our names.
4 A policeman who had thrown across his shoulders a chain of bullets --
5 Q. I must stop you for a minute. It's a very simple question. What
6 happened to the copy of the document that was provided to you? Just tell
7 us in a sentence.
8 A. What I want to say: As we were coming out of the prison, we saw
9 the same people who were there when we entered. It was Janic and Simic.
10 JUDGE MAY: It's very difficult, Mr. Kadriu, for us to assimilate
11 a huge amount of information which you are trying to give us. Now, I have
12 no doubt you want to tell us, of course, the very important events which
13 happened to you, but in order for us to be able to retain and obtain the
14 important information, you must concentrate on what counsel says.
15 Now, just going back to something, who was it who was asking you
16 questions in the prison? If you don't know his name, just tell us what
17 sort of a person he was.
18 THE WITNESS: [Interpretation] I didn't understand. The person who
19 was questioning us, I didn't know him.
20 JUDGE MAY: Yes. Was he a policeman? Was he from the prison?
21 Who was he?
22 THE WITNESS: [Interpretation] I didn't know him. I hadn't seen
23 him before.
24 JUDGE MAY: And if I understand you right, he got you to sign a
25 document; is that right?
1 THE WITNESS: [Interpretation] Yes, that's correct.
2 JUDGE MAY: Yes. And what was on the document?
3 THE WITNESS: [Interpretation] They gave a copy of that document to
4 us, me included, and we had a copy of the document with ourselves. But
5 then on the 23rd of May, they forced us to hand them back.
6 JUDGE MAY: Yes.
7 MR. NICE:
8 Q. And one other thing about this exercise where you signed this
9 document: Did the civilian, the man dressed in civilian clothes in the
10 prison, did he inspect your identification documents, your ID documents?
11 A. Not mine, but some people were deprived of carrying their identity
13 Q. But you kept yours at that time?
14 A. Yes, we kept them until we reached the border with Albania, where
15 they took all of the documents that we were carrying.
16 Q. We're going to come to that in sequence, you see.
17 Following this business of signing the document that you did sign,
18 was there another influx of a number of prisoners?
19 A. There were prisoners coming non-stop, and they were coming from
20 the Mitrovica region, and from the 17th of May, there was an extraordinary
21 influx of prisoners.
22 Q. Thank you.
23 A. There were trucks coming all day full of prisoners.
24 Q. Thank you.
25 MR. NICE: Exhibit SK13, then, next. Your Honour will remember
1 that I earlier said that there were declarations about the problems of all
2 these documents, of some of them, the documents that we are producing that
3 have been produced before they arrive at the witness. They have, of
4 course, been made available to the amici, and indeed to the accused, but
5 if there's anything that arises, it may be the amici will be able to deal
6 with it and we can save burdening the docket with these additional
7 declarations. They're available if wanted.
8 Now, this document, then, if we can have the English version on
9 the overhead projector now, now that the original has been viewed.
10 Q. From the department of the Interior at Vucitrn on the 16th of May,
11 to the head of the police department and to the duty service shift leader,
12 under the heading "Kosovska Mitrovica," says:
13 "On the 16th of May, 1999, in the course of their work aimed at
14 suppressing the activities of the Siptar terrorist gangs, members of the
15 police force of the Kosovska Mitrovica Secretariat of the Interior
16 detained a total of 830 men of military age who were members of the Siptar
17 national minority. All of them were put up in the penal and correctional
18 facility in Smrekovnica, where operative work will be conducted with them
19 to determine whether they were possibly involved in crimes as members of
20 the so-called Kosovo Liberation Army."
21 And does that recorded transfer of, in this case, 830 men match
22 the sort of numbers of people arriving at the prison at the time you've
23 told us about?
24 A. Probably at the beginning, when we were taken to prison, we were
25 about a thousand in there, but later, when the other influx was taken to
1 the Smrekovnica Prison, we could say there were about 3.000 people, and
2 that was also explained by the enormous amount of food that was required.
3 Q. Thank you.
4 THE REGISTRAR: Prosecution Exhibit 44.
5 MR. NICE:
6 Q. Did you become aware of prisoners being taken to the basement?
7 When they were taken there, did you hear sounds coming from the basement?
8 A. Unfortunately, I was at that part of the prison. Nearby there was
9 a small building with a basement, and several people were taken to the
11 Q. Did you hear noises coming from the basement when they had been
12 taken there?
13 A. Yes. After we had been there for several days, the people there
14 were mistreated. I remember a person who was in there, in the afternoon,
15 who was taken there in the afternoon, and the tortures continued against
16 him. And we were silent in the cell where we were because we could hear
17 the cries coming from him, and we were hearing everything from the window
18 of the cell.
19 I was secretly lurking, staying there, and I saw Sasa Milojevic
20 and the prison warden. And they were pale in the face, and we understood
21 that something had happened to that person, but we were not sure exactly
22 what happened to him. I didn't know the prison warden.
23 Q. Did you on one occasion see a body in a blanket being brought up
24 from those stairs?
25 A. The following day, in the morning, the police patrol came there
1 and collected those people. The same police car but with some civilians
2 on came out and took out of the basement someone wrapped in a blanket. It
3 was covered in a grey blanket.
4 Q. Some days later, were you with other men put in trucks and driven
5 to Mitrovica, the truck first stopping at the technical school. Sorry,
6 the first truck stopping at the technical school with you and some
8 A. As you said at the beginning, I cannot remember exactly the date,
9 but it was between the 18th or the 19th. They sent two trucks. They
10 loaded us -- loaded us on two trucks towards Mitrovica, and they left us
11 at the medical school, the secondary medical school, and there they
12 started mistreating us, and at the same time we were questioned by the
14 Q. Who mistreated you? What category of person?
15 A. As we arrived in the secondary medical school, they took us inside
16 the gym of the school, which was close to the main building of the
17 school. We were lined up with our hands behind our heads and kneeling
18 down. There were five -- four or five rows of people like that. And the
19 prison wardens were hitting us on the back and were calling names on us.
20 They were humiliating us. And those people who could not resist the hits
21 and kicks, they fell down. They collapsed. And there were some young
22 people there who were kicking us and hitting us with rods. And then these
23 young men were taken away after they had done this to us.
24 Sometimes they mistreated us, and sometimes there were people who
25 were playing basketball in the gym. And there were people who were
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 bleeding after the mistreatment. And my left leg was numb, and I was
2 dragging it when I was taken to -- when I was being asked to walk away
3 from there. My left leg was numb. I couldn't move it. I was dragging
4 it. And the position we were asked to stay at was also very difficult,
5 with our hands behind our heads, tied.
6 Q. The young people who were beating you, were they of an age to be
7 members of the police or the army or anything of that sort? Did they have
8 any uniform that suggested they were part of an official grouping or not?
9 A. We didn't dare turn our heads to see. But from their voices, from
10 the way they were talking, we could understand that they were
11 adolescents. They were young.
12 Q. You've spoken of prison wardens. Is this a separate category of
13 person from the police or not or can't you help us?
14 A. Prison wardens had distinct uniforms which were different from
15 those of the police, but they cooperated very well with each other. And
16 there were policemen coming to the prison, and they took them away from
17 the prison, mistreated them, manhandled them. And they played music while
18 they mistreated people.
19 Every now and then, they -- they called people from this village
20 and then from another village. In turn they called people from individual
21 villages, and they mistreated them. You had to be very courageous, very
22 brave not to identify yourself as coming from a particular village.
23 Q. Were you interrogated while at the school?
24 A. Yes. It happened to me that I was called, I was taken away
25 halfway through the period. And I was aching all over. I was covered in
1 sweat. And when I arrived at the investigator's office, I was questioned
2 by two civilians who I did not know.
3 Q. And what were the nature of the things they said to you? Very,
4 very shortly. Just a sentence.
5 A. They asked us -- of course they knew that I was an activist of the
6 Council of Human Rights and Freedoms. They had that information. And
7 they asked me whether any of my relatives was a member of the KLA, and
8 they were putting provoking questions to me about the problems over the
9 years as if -- they were asking me, "Why did you do this?" and, "Why did
10 you do that?"
11 Q. That's enough for the time being. Were you physically maltreated
12 in the course of interrogation or not?
13 A. Yes. Not only me. All of us were maltreated. Very much so, I
14 would say. Sometimes they beat us with sticks, batons.
15 Q. Thank you. Were you returned to the prison from the school?
16 A. Yes. At about 5.00, they returned us to the prison. First it was
17 our truck that returned and then the others followed.
18 Q. And was it at about this time that you returned, because you were
19 forced to, the documents you had earlier signed?
20 A. Yes. We had to hand over the documents on the day we were
21 released from prison, which was 23rd of May.
22 Q. And after that, where were you taken and how?
23 A. After all this that we went through in the prison of Smrekovnica,
24 they loaded us on some buses. I'm not sure of the number. We had to wait
25 for some time. Then they drove us to some unknown direction but passing
1 through Vushtrri. We didn't know where they were taking us.
2 Q. In the course of this journey, were others allowed onto the bus to
3 do things to you?
4 A. Yes. We were all the time with our hands tied behind our back.
5 When we arrived in Shtime, in the town of Shtime, which is situated in the
6 vicinity of Ferizaj along the way from Pristina to Prizren, the buses
7 stopped. There were also policemen in the buses who were taking away the
8 last money we had on us. And they started to speak to some Gypsies who
9 were close by and were watching. Then they threw open the doors of the
10 buses and those Gypsies entered the buses and started to beat us up. I
11 think the buses that were before us suffered worst.
12 We waited there until some trucks arrived of a dark green colour.
13 There were some soldiers with bandanas around their heads. Some were --
14 had long hair. They had -- they had worn different uniforms. I can't say
15 they had the same uniform. Then they were -- they stayed before our bus,
16 so they were situated in between the buses.
17 We waited there for an hour. Then we left for Suhareke and
19 Q. And where did you end up eventually, taking this story
20 comparatively shortly?
21 A. It was the Zhur village, the graveyard of Zhur village. The
22 cemetery was on -- on a forest. We saw a large number of police forces
23 who had surrounded the place. I don't remember if there were also army
24 troops. I'm not sure about that. They ordered us to get off the buses,
25 and they kept beating us with their arms, bats, and kicking us and beating
1 us with anything they could lay hands on. They forced us to line up. I
2 am speaking about my bus, the bus I was in, I mean.
3 Then they told us, "Go that way and never look back, and you must
4 run." And they kept beating and kicking us all the time.
5 Q. Did you move as fast as you were able?
6 A. Some of us started to run. Professor -- Professor Bajram Mulaku
7 and myself, we could not run. We ran for a little while, but as I said,
8 my leg was hurting me. I couldn't run. And our hands were tied behind
9 our heads. And in this state we went up to the border point separating
10 Albania from Kosova.
11 Q. At the border, what happened so far as your documents were
13 A. At the border, we had to wait in a column, because before us there
14 were people who got off the other buses. There we -- there were about
15 seven or eight policemen there and were waiting for us. They told us to
16 show everything we had in our pockets, all the documents, and to keep them
17 in our hands. And they warned us that if they would check us and find
18 some documents in the pocket, "You will see what will happen to you." And
19 some of us were very upset because their IDs, their passports, were taken
20 away in the Smrekovnica prison. And they turned to one of the policemen
21 and said to him that, "We don't have our IDs because they were taken away
22 in the prison." They said, "Come here, each and every one of you. Even
23 the driving licence, all the documents you have on you, you should keep
24 them in your hand and keep walking in a line."
25 We kept walking in a line in front of them, and then we went on to
1 Albania after we handed over to these policemen every document we had on
3 Q. And as you went to Albania, was anything said to you by the Serbs
4 at the border?
5 A. Those who were there, those guards, when we were waiting to go to
6 the border, one of them came and cursed us and said, "You want to be with
7 Albania," while he was speaking ill of our mothers, saying words about our
8 mothers. He said, "Go to Albania, and you'll never return." We felt in a
9 very bad situation, because we felt this was the last time for us to see
11 Q. Did you stay in Albania in various refugee camps until the 19th of
12 June of 1999, when you returned to Vushtrri?
13 A. Yes. I stayed in a camp funded by the Spanish government in the
14 vicinity of Dures, put up for the refugees coming from Kosova.
15 Q. On return, did you become deputy mayor, or deputy president as we
16 referred to it yesterday, of the municipality, and did you also become
17 president of the War Crime Commission for Vushtrri in which capacity you
18 have been collecting, as is clear, documents recording things that
19 happened in the municipality?
20 A. Yes, that's correct.
21 Q. And in that capacity, may we look at a few more exhibits.
22 JUDGE MAY: If that would be a convenient moment. We'll have a
23 short break. Ten minutes.
24 --- Recess taken at 12.12 p.m.
25 --- On resuming at 12.23 p.m.
1 JUDGE MAY: Yes, Mr. Nice.
2 MR. NICE: A few documents. SK14 next, please. It can go
3 straight to the ELMO. Thank you.
4 Q. Mr. Kadriu, you've told us already about the connection of the
5 army and the police, and you've told us about the role of the Crisis
6 Staff, and we're looking at these documents just with a few points of an
7 associated kind.
8 This first document is dated the 26th of May of 1999. So just
9 about the time you were leaving for Albania. And from the Vucitrn
10 Municipal Administration here to the "Municipal Council of the
11 Municipality, Displaced Persons, Municipal Headquarters," and it reads as
12 follows: "On the basis of the felt need, we ask you to provide the
13 following items to meet the requirements of the conscripts of the
14 54 /VTOd, Territorial Defence Platoon in Vucitrn," and it sets out various
16 The -- the Territorial Defence Platoon of the Territorial Defence,
17 did you see anything of them in the course of these events?
18 A. The document we have here shows that --
19 JUDGE MAY: No. I must ask you, please, to listen to the
21 Mr. Nice, would you repeat the question. Don't bother about the
22 document for the moment.
23 MR. NICE: Yes, certainly.
24 Q. Did you see anything of the Territorial Defence in the course of
25 the events you've described?
1 A. Yes. I have seen many civilian persons. I mean, many members who
2 used to be working in various civilian offices, were recruited in these
3 Territorial Defence platoons.
4 Q. And the second question: This document, what does it show us,
5 from your knowledge, of how the Territorial Defence was obtaining its
7 A. The Territorial Defence were obtaining their equipment through the
8 Crisis Management Staff, for anything they wanted.
9 Q. Thank you. The same. So that's the same staff as we've been
10 looking at earlier?
11 MR. NICE: Next Exhibit, please, SK15.
12 JUDGE MAY: Next exhibit number?
13 THE REGISTRAR: Prosecution Exhibit 45.
14 MR. NICE: If we can now look at the English version on the
15 overhead projector. This is a document, I think, that's a note signed by
16 the same Slobodan Doknic, and the note records that the Vucitrn
17 Municipality Crisis Staff confirms the purchase of ten combat jackets for
18 the Yugoslav army. The note is issued for tax exemption and so on. So
19 here we have a document from Doknic providing or arranging for the
20 provision of the material for the army.
21 Q. Does that fit with your understanding of what the Crisis Staff was
23 A. Yes. The Crisis Staff coordinated its work very well with the
24 military authorities. This certificate proves this to the best.
25 MR. NICE: Thank you. Next document -- I'm sorry. Exhibit --?
1 THE REGISTRAR: Prosecution Exhibit 46.
2 MR. NICE: 46. Next document, SK17 -- I'm sorry, 16. Exhibit
4 JUDGE KWON: While you're waiting, the 18.200 dinars would be how
5 much in US dollars, or something like that?
6 MR. NICE: I'm afraid I actually can't tell you. I don't know
7 whether the witness can give us the approximate dinar exchange rate --
8 JUDGE KWON: Or what the combat jacket is.
9 MR. NICE: The combat jacket. It's 1.800 dinars per combat
11 Q. How much would that translate into dollars as at 1999?
12 A. One thousand, eight hundred dinars would be equivalent to - an
13 approximate figure - of about 6.000 Deutschmark. That was the rate of
14 dinar to the Deutschmark then, around this figure.
15 MR. NICE: If right, a rather expensive jacket.
16 Can we look at the next document, then, SK16. If the original now
17 can go to the witness, having been displayed on the overhead projector.
18 The English version tells us that this is a document recording a meeting
19 on the 28th of May -- a meeting of the coordination of Civil, Army,
20 Police, and Humanitarian Affairs headquarter, a decision about the
21 establishment of a commission for abandoned vehicles. The composition of
22 the commission is identified, and its duty is identified as gathering
23 abandoned vehicles, and so on. There is also, I think -- let me just find
25 Q. In any event, this is the same body, is it, Mr. Kadriu, that we've
1 been concerned with, however it's headed?
2 A. Yes. The name is different. It's the same signature, the same
3 name of the person who has signed it, but only the heading is different.
4 The staff for civilian, military, police, and humanitarian coordination of
5 the Vushtrri municipality.
6 MR. NICE: That's all I need from that. And then I think the
7 document of this kind --
8 THE REGISTRAR: Prosecution Exhibit 47.
9 MR. NICE: Thank you very much. SK17. This document,
10 then - English version now, please, to the overhead projector - 6th of
11 June, from the Vucitrn municipality coordination headquarters, signed by
12 Slobodan Doknic again, a request for release from conscription, asks that
13 the above-named war unit, which is set out above, release conscript Petar
14 Toplicevic from conscription since he is --
15 A. Yes.
16 Q. -- indispensable to the Vucitrn Prevos [phoen] company due to
17 public transport requirements under war circumstances.
18 So that here we have the same president of the Crisis Staff, or
19 otherwise described, being required for the transportation of public
20 transport requirements under war circumstances.
21 MR. NICE: Right. Well, that's all I want from that type of
22 document, and I've got a few more topics, but very few, to deal with.
23 THE REGISTRAR: Prosecution Exhibit 48.
24 MR. NICE:
25 Q. First, in the course of your function for the war crimes
1 commission, you prepared or had prepared reports, I think.
2 A. Yes, to some extent. This is only the tip of the iceberg of the
3 entire campaign of violence and terror that was perpetrated. We tried to
4 do our utmost, but we didn't have the necessary conditions to work
5 properly. This is very little by comparison to the large-scale violence
6 and terror.
7 Q. You've managed to bring some reports with you. We've looked at
8 the one on the convoy and we may look at a little bit of video if we have
9 time in due course, but can we go now to the - I'm not sure of the
10 pronunciation - Gerxhaliu family massacre, please. First of all, what's
11 the correct pronunciation of the family's name?
12 A. Yes. It is Gerxhaliu.
13 Q. Gerxhaliu. Thank you. And have you brought with you a report
14 that was prepared in respect of what happened to that family on the 31st
15 of May, when, of course, you were already in Albania yourself?
16 A. Yes, I was in Albania myself, but the documents about this
17 massacre we prepared after my return from Albania, on the basis of photos
18 and evidence. It was a very tragic event that occurred on the morning of
19 31st of May. The house of Selatin Gerxhaliu was surrounded by Serb forces
20 stationed in Rashica neighbourhood. After they surrounded the house, all
21 the family members were put in a room. Selatin and two others were taken
22 to another place. The other members, including women and children, were
23 all executed in a couple of minutes.
24 MR. NICE: Can I hand, then, in the following --
25 MR. KAY: Your Honours, again an evidential point arises about the
1 status of this evidence. It's quite clearly based entirely on information
2 provided for this witness, it hasn't been served as an expert's report on
3 any of the other parties in this case, it's completely without notice.
4 It's coming through the witness as he's giving evidence, and one really
5 wonders what the usefulness of this evidence is to the Trial Chamber.
6 MR. NICE: Your Honour, in this case there are photographs, as
7 well as other documents that were prepared contemporaneously, and I think
8 they will be of assistance, because the photographs themselves --
9 JUDGE MAY: Can we find out what role the witness played in the
10 preparation of this report? He used the word "we." He uses it very
11 often, and it's not at all clear what he's talking about.
12 MR. NICE:
13 Q. You've heard His Honour's question. What part did your commission
14 play, what part did you play personally, in the preparation of this
16 A. We were a commission. Our role was to collect information about
17 the number of people killed, massacred, and disappeared. My role was that
18 of a coordinator of its work. We collected all -- that is, the commission
19 collected all the documents related to different places and persons. It
20 is true, as I said, that we didn't succeed in collecting all the material
21 that there is on such cases, but the most conspicuous ones are there.
22 JUDGE MAY: I think we have the point. He was the coordinator.
23 [Trial Chamber confers]
24 JUDGE MAY: We shall admit this report. The witness was close
25 enough to it and played an important enough role as coordinator to allow
1 him to produce it. It is the practice in the Tribunal to receive reports
2 of this sort. It will be for the Tribunal to assess what weight to place
3 upon it.
4 MR. NICE: May I distribute the original to the witness. Then
5 there are colour copies - one, two, three, four, five, six - and two in
6 black and white, and there are then translations of the legends associated
7 with the photographs.
8 JUDGE KWON: Mr. Nice, while we are waiting again, are these
9 Gerxhaliu family members, 11 of them --
10 MR. NICE: Yes.
11 JUDGE KWON: -- included in the victims of murder cases? We have
12 Schedule H in the indictment. Could you check it?
13 MR. NICE: Certainly.
14 JUDGE KWON: It's page 53 of the indictment.
15 MR. NICE: Thank you very much. Your Honour, I should have
16 checked that in advance. I'm sorry.
17 JUDGE KWON: There are a lot of Gerxhalius in the schedule.
18 MR. NICE: Yes, certainly. I think we'll have an answer either
19 from myself or from the witness.
20 THE WITNESS: [Interpretation] Yes, there were over 33 people who
21 were executed that day.
22 JUDGE KWON: But in the indictment, it said 104 persons were
23 killed at the murder site, and that seems to me that it means the convoy
24 massacre of the Gerxhaliu family. So could you clarify later.
25 MR. NICE: Certainly. I may have to clarify a little later.
12 Blank page inserted to ensure pagination corresponds between the French and
13 English transcripts.
1 JUDGE KWON: Yes. And the date of the murder was written as May
2 2nd, not 31st.
3 MR. NICE:
4 Q. On both of those points, can you help, us, please, about the date
5 of this massacre, the Gerxhaliu family massacre.
6 A. Yes, I can. The people executed from Gerxhaliu family comprise
7 over 30 persons. They were executed on the 31st of May, but of the
8 overall number of people killed on the 2nd of May, this is not -- the
9 number 104 is not included. One hundred nine were executed, but 104 have
10 the graves in this mass cemetery that the ICTY has exhumed.
11 JUDGE KWON: Yes. That is my understanding.
12 MR. NICE: Thank you.
13 Q. If we can look at this document, and showing the photographs as
14 necessary on the ELMO and working through it.
15 MR. NICE: Is there a spare copy for the usher to lay on the
16 ELMO? And if the witness can keep the original with him.
17 Q. The first page is a plan which shows the house, the heading being
18 that the -- it's called "Selatin Family." Can you explain that to us?
19 A. Yes. This is the scheme of the house of Selatin Gerxhaliu. In
20 the legend it says -- number 1, it says it shows the door of courtyard,
21 because we have yards, courtyards in our homes. Number 2 shows the door
22 of the house which leads to a corridor. Then number 3, the door of the
23 corridor where the massacre was perpetrated of all the members of the
25 Q. And then we have --
1 A. Number 4 shows the beds on which the family members were
2 sleeping. It was still early morning.
3 Q. If we then go to --
4 A. Number 5 --
5 Q. We can go to the photographs now, having understood that. The
6 first photograph simply shows some of the family I think some years
7 before, but before death, before they obviously -- while they were alive.
8 If we then go to F1, which is said to be the photograph of --
9 perhaps you'll pronounce the name for me properly.
10 A. Yes. Fegjrije Gerxhaliu.
11 Q. F2, show us, please.
12 A. The corridor where they were killed, the members of the Gerxhaliu
13 family were killed.
14 Q. The second photograph shows, I think, the beds in the room where
15 several people were killed.
16 MR. NICE: The usher has got the wrong one on the projector.
17 Q. The first one, F1.
18 A. That's Fegjria Gerxhaliu.
19 Q. And underneath that, F2.
20 A. It shows from another angle the place where several members of the
21 Gerxhaliu family were executed, the state in which they were found after
22 they were executed.
23 Q. Over the page to F3.
24 A. F3 shows the listless body of Sofije Gerxhaliu, who was at this
25 posture where she was after the execution.
1 Q. F4.
2 A. Shows the place where Selatin and Shaban Gerxhaliu were massacred
3 outside the house. They were taken out of the house, taken to another
4 place where they were executed and massacred. You can see on their
6 Q. Can you read out, because it's been omitted from the key, can you
7 read out what is said under F5, please.
8 A. F5 shows the bed on which a young girl, Mybera Gerxhaliu, was
9 killed. You see she was trying to reach her mother when she heard the
10 shots, automatic shots. She has tried to reach to her mother.
11 JUDGE MAY: Yes. I think we can see the rest of these
13 MR. NICE: And then the remaining photographs are
14 self-explanatory, perhaps, with the guide to them.
15 MR. NICE: Just one point as a matter of detail. If we could turn
16 over to the last page, please, and focus not on the particular distressing
17 photograph on the left but on the grave on the right. Just as a matter of
18 detail, because we may come upon this later.
19 Not that one. The photograph on the right, please, usher. The
21 THE WITNESS: Yes.
22 MR. NICE: Just a minute. Can you go, please, to the -- that's
23 right. The photograph on the right. Yes. Leave it like that. That's
24 fine. Can the -- no, not that one. The one at the top right-hand corner,
25 please. All right. We can see a little bit of it. I don't want to look
1 at the body. I want to look at the grave on the right. That's it. Thank
3 Q. Now, we see there an open grave, and we see some boards, slats of
4 wood, to the right, cut to perhaps a uniform length. Can you just
5 explain -- it may turn up later in other witnesses. Can you explain,
6 please, how these boards are used for the process of burying bodies in
8 A. Yes. The police executed them and left. Then this grave shows
9 that because of the shortage of time, people were scared that something
10 else might happen to them. They dug up this grave quickly, and the planks
11 of wood usually are used before throwing the earth over the dead body.
12 Instead of the coffin, that is, I would say.
13 Q. Now, am I right, and correct me if I'm wrong, the board's lowered
14 over the body but at an angle, and the intention is to keep the earth off
15 the body.
16 A. Yes.
17 Q. Yes. We may see that repeated elsewhere. Thank you very much.
18 MR. NICE: Exhibit?
19 THE REGISTRAR: Exhibit 49.
20 MR. NICE: Thank you very much. Now, Your Honour, if we look at
21 the -- if Your Honour would be good enough to look at the summary.
22 Although that particular event happens to have been documented here, the
23 witness is also able to tell us about a great many other killings of which
24 the most important ones have been highlighted in the summary. The others
25 come without documentary support so that they would be effectively the
1 same but it would simply be coming from his mouth. And I would ask leave
2 to make very brief reference to each of them, and I will ensure that the
3 witness is brief in dealing with them.
4 JUDGE MAY: Yes.
5 MR. NICE: Thank you.
6 Q. Now --
7 A. I would single out here on the 2nd of May, when we were the
8 agriculture cooperative --
9 Q. I was going to single it out, actually. So if you wouldn't mind
10 very much just listening to what I'm going to ask you. I'm going to ask
11 you questions that will be susceptible to very short answers, and I want
12 you to tell the Judges about that.
13 On the 22nd of May, was there an event concerning people who had
14 returned to their homes in Vushtrri and were walking towards the
15 cemetery? Simply yes or no.
16 A. Yes. Yes, there was an event.
17 Q. Thank you. According to the inquiries that your commission made,
18 were they stopped by a house owned by Sezaj Pasome, by Serbs in green
19 camouflage uniforms? Yes or no will do.
20 A. Yes, that's true.
21 Q. And --
22 A. Camouflage, with masks --
23 Q. Thank you.
24 A. -- and accompanied by motor vehicles.
25 Q. And of the, I think, 74 people concerned on that incident, how
1 many have never been accounted for?
2 A. Seventy-four people on the 22nd of May are still unaccounted for.
3 And on behalf of their families, I would ask this Court to do something to
4 know -- to find out about the destiny of these people. But number -- the
5 overall number of those who are considered disappeared are 109.
6 Q. And you'll -- but as to these 74, the material you collected
7 suggested that shots were heard and that blood was found in the area.
8 Thank you.
9 A. Yes, that's correct.
10 Q. Was the body of a man called Shefki Dallku found in the house of
11 Dr. Ramadan Xhoni?
12 A. Yes, that's correct. Not far from the house of Sezaj Pasome, 50
13 metres away. His body was exhumed from the ICTY.
14 Q. Then over the page. Reznik, on the 6th of April, according to
15 your inquiries --
16 A. April.
17 Q. 6th of April, in the afternoon, were members of the Ujkani
18 family --
19 A. The Ujkani family.
20 Q. How many people were involved?
21 A. Mainly nine, nine members of the Ujkani family were executed.
22 Among the nine, as far as I remember, three were women. There was a
23 couple, a married couple, and some others. They were brothers of the same
24 family, Ujkani family. Some of the bodies were even burned, because the
25 houses were torched and the bodies were inside.
1 Q. Thank you. According to your inquiries, were gunshots heard there
2 as well?
3 A. Yes, that's correct. According to the eyewitnesses who made
4 statements on this, on this case, on this occasion there were gunshots and
5 then houses torched, and there were people inside, those who were
7 Q. Finally on this topic, and subject to the tape of the convoy, on
8 the 24th of May of 1999, near Studime e Eperme, according to information
9 were there women who were attacked?
10 A. Yes, that's correct. They were coming to collect food for their
11 children and to take food to the Studime e Eperme village.
12 Q. The -- I think it was a local KLA commander who collected the
13 bodies. Would that be right?
14 A. That's correct, because no one dared to come and collect the
15 bodies. That's why soldiers from the KLA went there to collect the
16 bodies, the lifeless bodies of the women, because the Serb forces were not
17 far from the scene of the crime. Probably 200 metres away.
18 Q. How many dead women involved?
19 A. There were eight, eight women, as far as I remember. They were
20 not all women. Some of them were girls, little girls. They were raped,
21 mutilated, completely mutilated, and they were found -- the bodies were
22 found in a terrible state. And the surviving members of their family are
23 still suffering from shock, from the trauma they suffered.
24 Q. When you say "mutilated," just give us a couple of examples of
25 what was done to them.
1 A. According to the testimony of family members, of the surviving
2 family members, the girls and women had bruised the parts of their bodies,
3 and they were stained with blood. Some of them did not have fingers,
4 things were cut off, and some bodies lacked certain limbs. Initially they
5 were -- they were raped - and I'm sorry to say this in public - and they
6 were shot afterwards in the most savage, inhuman way.
7 The bodies were found in the village of Studime e Poshtme, as they
8 were crossing the river, because the riverbed was the area which gave you
9 the opportunity to -- to walk along and move around unnoticed. But they
10 were ambushed and killed.
11 Q. Very well.
12 MR. NICE: Can I return the Chamber very briefly to page 7 of the
13 summary in case these details need cross-referencing later. It's unlikely
14 but it's possible.
15 Q. Can I ask you, please, Mr. Kadriu, to take your memory back to the
16 September offensive and just to say yes or no to these questions: In the
17 September offensive, was there the killing of a 50-year-old man in the
18 village called Beciq? Yes or no.
19 A. During the September offensive, many people were killed.
20 Q. Did that include one man in Beciq whose name you've provided?
21 A. Yes, that's correct.
22 Q. And two men in Balinca?
23 A. Yes, that's correct.
24 Q. You saw these men, and I think you estimate their ages as what?
25 A. Hyseni was about 60 years old, and I saw his body, his mutilated
1 body, lifeless body. They were buried on the same day when the funeral
2 took place in Oshlan, because Balinca is not far from Oshlan. They're
3 very close to each other.
4 Q. Thank you very much. I think I still have to deal with in
5 Smrekovnica there was a man I think you saw there killed in his yard.
6 A. Yes. That was before the 22nd of September. One was killed as he
7 came out to the courtyard of his house. Initially he was wounded. And
8 then from a close distance, he was shot behind his ear.
9 Q. Thank you.
10 A. And his brains were scattered around.
11 Q. Thank you.
12 A. Another one was wounded.
13 Q. Back to page 16 of the summary. Can you help us with the total
14 figures of victims for your municipality as revealed in the exercises you
15 engaged in? How many people killed in 1999? Forget 1998. In 1999, how
16 many civilians killed by Serb forces?
17 A. According to the statistics, which are also in possession of the
18 Pristina Council for Human Rights and Freedoms in Pristina, there are 594
19 civilians killed by the Serbian forces.
20 Q. How many of those under the age of 18 at the time of death?
21 A. I can't remember exactly those figures. I couldn't say that. I
22 have had to remember very many figures and dates. I'm sorry, I can't
23 remember that.
24 Q. Can you remember the number injured by -- injured in some
25 significant way by Serb forces? And if not, just say so.
1 A. More than 300 wounded, injured civilians.
2 Q. How many civilians still missing, not accounted for?
3 A. There are 109 civilians missing, and there are 74 only from a date
4 in May. And I have pictures of each and every one of them.
5 Q. As a result of these events, what number of children have been
6 identified as having one or both of their parents killed in 1998 and
8 A. I'm sorry. I'm sorry. I can't remember the figures. If you
9 allow me, I do have the exact statistics, but I can't remember them.
10 Q. The total number of houses burnt? Do you know roughly or
11 precisely what that was?
12 A. It's more than 8.000 houses were shelled, were demolished, were
13 torched. And they have been classified into three categories; one, two,
14 three. More than 4.000 houses belong to a fifth category, to a fifth
15 group, which is that of houses which need to be rebuilt from scratch, more
16 than 4.000 houses.
17 Q. How many mosques destroyed?
18 A. I can't remember, because there were also many cattle, sheep, and
19 other livestock which was destroyed then, but I wouldn't like to guess.
20 MR. NICE: Your Honour, the tape, the compilation tape of the
21 convoy, which we passed over comparatively briefly, would take 5 minutes
22 and 55 seconds to play.
23 JUDGE MAY: Yes. That will be --
24 MR. NICE: That's it.
25 JUDGE MAY: -- it, yes.
1 MR. NICE: I have an index of the passages that are being played,
2 and I'll distribute those.
3 JUDGE MAY: Let's have the index, and we'll play the tape.
4 MR. NICE: In answer to His Honour's question, none of the names
5 that we've given are actually scheduled in the indictment.
6 If the tape could be played, and if I'll be permitted to read the
8 [Videotape played]
9 MR. NICE: First of all, we see villagers gathering in a field and
10 a tractor coming down a hill.
11 This is the second excerpt, and it shows clearly soldiers talking
12 to the villagers.
13 There's a general view of villagers and displaced persons in a
14 field, including, I think you may already have seen, a picture of a very
15 young child.
16 Now you'll see some evidence of destruction following an attack.
17 A destroyed tractor is immediately apparent, and smoking houses in the
19 Q. Can the witness tell us where the village is that we are looking
20 at from this position?
21 A. [No audible response]
22 MR. NICE: Houses destroyed after the attack, the convoy, and a
23 man collecting timber for the purpose of the burial that I dealt with in
24 the still photograph, not the particular funeral, but --
25 THE WITNESS: [Interpretation] The boards are used for the burial
1 process, for the burial of the bodies.
2 MR. NICE: Now looking at some bodies that were killed in the
3 attack on the convoy.
4 Burial of some of the victims.
5 There's a woman.
6 Q. And the only question you didn't answer, probably because you
7 didn't understand I was asking you a question, Mr. Kadriu: Where we were
8 looking at houses that were burning, we were looking over a valley or
9 towards the other side of a valley, it would appear, can you tell us which
10 that village was we were looking at, or you are unable to say?
11 A. Yes. We were looking at the Studime e Eperme village, and also
12 part of the road between the two villages, Studime e Eperme and Studime e
13 Poshtme. And the burial took place not far from Studime e Eperme, where
14 the bodies -- close to the site where the bodies were found.
15 JUDGE MAY: It may be sensible to give that compilation an exhibit
17 MR. NICE: Yes, please.
18 THE REGISTRAR: Prosecution Exhibit 13/1.
19 MR. NICE: That's all I ask this witness.
20 JUDGE MAY: Yes. Before we break, was there something you wanted
21 to raise about Monday?
22 MR. NICE: About witness order, yes.
23 JUDGE MAY: Yes. Very briefly.
24 MR. NICE: I don't know if we can deal with it just in private
25 session. I don't know if the Chamber is going to do that. It involves
1 one protected witness. If we can just go into private session.
2 JUDGE MAY: We'll go into private session.
3 [Private session]
14 --- Whereupon the hearing adjourned at 1.19 p.m.,
15 to be reconvened on Friday, the 8th day of March,
16 2002, at 9.00 a.m.