Tribunal Criminal Tribunal for the Former Yugoslavia

Page 37605

1 Tuesday, 22 March 2005

2 [Open session]

3 [The accused entered court]

4 [The witness entered court]

5 --- Upon commencing at 9.03 a.m.

6 JUDGE ROBINSON: Mr. Nice, to continue your cross-examination;

7 and, General, you remain subject to the declaration you made.


9 [Witness answered through interpreter]

10 MR. NICE: Your Honour, last week we concluded with an examination

11 of a newspaper article published in Danas on the 20th of June, 2001. The

12 witness was aware of its contents, the essential part of the document

13 being an open letter of the Belgrade Lawyers' Association, and I would ask

14 that that be exhibited.

15 JUDGE ROBINSON: Yes, Ms. Higgins.

16 MS. HIGGINS: Your Honour, very briefly. The article in the

17 newspaper Danas was clear from the testimony of this witness on the last

18 occasion that he explained his role quite clearly in the Trifunovic trial.

19 The article itself contains aspects of journalistic comment which are not

20 regularly admitted by this Tribunal, and in my submission there is no

21 probative additional value in addition to what this witness has already

22 said, Your Honour.

23 JUDGE ROBINSON: Thank you, Ms. Higgins.

24 MR. NICE: Your Honour, the article contains a succinct analysis

25 and the expression of views by professional colleagues of this witness.

Page 37606

1 He acknowledged they held and expressed those views, and this would be a

2 convenient way to have them before you.

3 As to the second part of the article to which we barely turned

4 last week for want of time, I shall be dealing with it with other

5 documents in due course in any event, so it's for the first part of the

6 article that I want its submission -- seek its submission.

7 JUDGE BONOMY: This is to some extent difficult with the witness

8 present, but it's not my recollection that the witness accepted that these

9 were views that were genuinely held by personnel.

10 MR. NICE: If I mischaracterise --

11 JUDGE BONOMY: And I think in the past, because of time pressures,

12 the detail of a witness's knowledge of the content of a document being put

13 to him is not perhaps pressed home in the way it might be if time

14 pressures weren't as they are here.

15 Now, if I'm wrong about that, obviously I'm quite happy to be very

16 quickly corrected.

17 MS. HIGGINS: Your Honour, could I just add to what you said,

18 briefly, which is this: In the transcript on the last occasion, Your

19 Honour is absolutely correct, that this witness did not accept the

20 allegations. He referred to them as unfounded and did not accept them.

21 JUDGE BONOMY: I don't think that's Mr. Nice's point. Mr. Nice's

22 point is whether he accepts that the allegations were made by these

23 people, and if he accepts that much, then I can see something in the

24 argument that's being presented, but it -- I mean, that's all. That's as

25 far as it goes. It gets exhibited for that purpose. At least, that would

Page 37607

1 be my own view. But my recollection isn't clear that he actually went

2 that far.


4 MR. NICE: Can I ask him again this morning?

5 JUDGE ROBINSON: Yes, you may put it to him again.

6 Cross-examined by Mr. Nice: [Continued]

7 Q. You remember, General Gojovic, the article from Danas that we

8 explored under time pressures last week. I think you declined an

9 opportunity to look at the document, saying that you didn't need to. Do

10 you remember that?

11 A. Yes, yes.

12 Q. And you accept, do you not, that the views expressed in that

13 article were indeed the views of the lawyers who sent the open letter?

14 A. In addition to their positions, there are also the comments of

15 journalists.

16 JUDGE KWON: The LiveNote laptop -- there's no problem with the

17 laptops, but if there are some technical people could take a look.

18 JUDGE ROBINSON: We can follow on the laptop. Continue, Mr. Nice.

19 MR. NICE:

20 Q. Your answer is that there was also some journalistic views. I'm

21 concerned that the allegations made are the comments expressed by your

22 colleagues, and as you've already said, you accept that those views were

23 their views and were expressed by them.

24 A. Whether they were their views or not, I don't know. That's what

25 they wrote, and since they acted as Defence counsel of the accused in the

Page 37608

1 case that I presided over, that's it. So any further comment with respect

2 to their positions has no foundations in facts. You received the

3 judgement. You saw it.

4 Q. I'm going to stop you because time is short.

5 MR. NICE: Your Honours, for the purpose that I seek admission,

6 the answer, it seems to me, would be sufficient.

7 JUDGE KWON: And I remember he said he knew of this defence.

8 MR. NICE: Indeed. He said he didn't need to look at it because

9 he knew of it.

10 JUDGE ROBINSON: Yes. We'll admit it.

11 MR. NICE: I'm grateful.

12 THE REGISTRAR: That will be 839.

13 MR. NICE:

14 Q. The position is this, is it not: You then wanted to become a

15 practising lawyer. You were not allowed to become a practising lawyer.

16 Notwithstanding that, when, for example, General Pavkovic was interviewed

17 by the OTP, you sought to represent him, didn't you?

18 A. No, that's not correct. I did become a lawyer, and the bar

19 brought up the case again, but their decision was overruled by the Supreme

20 Court of Serbia in the legal proceedings, and they had to proceed pursuant

21 to the law. As for Pavkovic, I attended as his legal advisor, not as his

22 Defence counsel.

23 Q. And you've applied to appear at this court on behalf of one of

24 those accused of the Vukovar crimes, and you have been declined the rights

25 of audience here, haven't you? Is that right?

Page 37609

1 A. No, not to represent them but they asked me to be an investigator

2 in the Defence team, not myself as counsel. The accused addressed the

3 Court for it to appoint me, to authorise me, to investigate as an

4 investigator in view of the fact that I had headed the proceedings

5 previously and I am aware of the facts. Not as Defence counsel. So don't

6 put matters topsy-turvy, upside down.

7 Q. I don't have time to deal with Sarajevo much, and if I have more

8 time I'll return to it later, but just confirm these things, if you will:

9 The military police in the barracks at Sarajevo where you were stationed

10 were fully armed?

11 A. Police arms.

12 Q. You had -- and had the ability to use, from those barracks, sniper

13 rifles?

14 A. There were no sniper rifles because the police does not have

15 snipers, sniper rifles.

16 Q. Did you have access to chemical materials that could have been

17 used?

18 A. No.

19 Q. Mladic was regularly in contact with the barracks, was he not?

20 A. Twice by phone. I asked to speak to him.

21 Q. You certainly spoke to him once yourself, but the commander of the

22 military --

23 A. When I left the barracks, then I asked that he receive me for me

24 to be able to inform him of the situation, the court proceedings that were

25 pending from that area.

Page 37610

1 Q. Was Tomcic the man in charge of the military police unit?

2 A. Yes. He was the commander of that military police unit. That

3 means 120 people, roughly.

4 Q. I'll return to that, if I have time, in due course. As to your

5 evidence last week, and in particular as to tabs 17 and 18, your

6 suggestion or your evidence is that here was a perfectly operating or

7 satisfactorily operating judicial military system; is that correct?

8 That's in summary what you're saying?

9 A. Yes.

10 Q. And what you're saying, so that we can understand it and put it in

11 its context in this trial, is such a system to be in effect is

12 incompatible with the existence of a plan, whenever generated, to remove

13 Kosovo Albanians by ethnic cleansing, yes?

14 A. Well, no. According to the federal constitution, Article 17 -

15 take a look at it - provides for the fact that the -- a citizen of the

16 Republic of Yugoslavia cannot be expelled from the territory of the

17 state. They are free to move around and come back. That is a

18 constitutional right accorded to citizens.

19 Q. It would be a crime to expel a citizen from Kosovo, wouldn't it?

20 A. According to international war law, this is an internal conflict.

21 There is no expulsion here. It's an internal conflict in which the

22 citizens left for their own safety and security. When the NATO aggression

23 started, the citizens started to leave to safer places.

24 Q. Mr. Gojovic, we'll come back to that. I think you misunderstood

25 what I was trying to say by way of helpfully encapsulating the accused's

Page 37611

1 case. I will say it once more so you can understand why I'm asking you

2 the questions I'm going to ask you.

3 If there was an effective and efficient military judicial system,

4 then the existence of such a system is incompatible with a plan to

5 ethnically cleanse Kosovo Albanians, because you can't be asking people to

6 commit the crime of pushing people out of the country at the same time as

7 having in place a system for punishing them if they commit such a crime.

8 A. Well, that's what you have the courts for, the judicial system.

9 Q. Now, the position -- the historical position is that, as you will

10 know, the authorities in Serbia Montenegro had received warnings right

11 from 1998 about the possible commission of crimes on the territory of

12 Serbia Montenegro, and in particular in Kosovo; correct?

13 A. I don't know who cautioned them.

14 Q. Well, are you aware, for example, of letters sent by the former

15 Prosecutor Louise Arbour to the accused in March of 1998?

16 A. What were the grounds for her to send those letters? Was she on

17 the spot or did she receive intelligence reports on the part of certain

18 armed forces?

19 Q. Does it matter if she received intelligence reports if the warning

20 she gave was a good warning, General?

21 A. But a warning must have arguments to back it up from the spot.

22 Q. You're unaware of this letter, I take it.

23 A. Well, she came out publicly, but I haven't had occasion to read

24 the letter. She didn't send the letter to the judiciary.

25 Q. Very well. Are you aware of the concerns expressed by General

Page 37612

1 Perisic in his letter of the 23rd of July, 1998, where he referred to the

2 -- amongst other things, to the tendency of the army to act outside the

3 system's institutions? Are you aware of that letter?

4 A. The army never acted outside the system's institutions. If that's

5 what the letter says, then it's very controversial and I can't believe

6 that Perisic said that, that the army was working outside the system. The

7 army never acted outside the system.

8 Q. I'm going to continue asking you questions that are susceptible to

9 a yes or no answer but you must take your own course as how you reply to

10 them. Are you aware of a letter from Louise Arbour, the former

11 Prosecutor, of the 15th of October, 1998 to the accused indicating an

12 intention to resume her investigations into Kosovo, desiring to visit the

13 place?

14 A. I'm not aware of it except through the press. There were certain

15 articles with headings to that effect, but I don't know the contents.

16 Just a moment. Why didn't she approach the prosecutor, for example? Why

17 would she approach the president? She's a prosecutor, so she should

18 approach her colleague the prosecutor on the other side.

19 JUDGE ROBINSON: You have your answer. Proceed, Mr. Nice.

20 MR. NICE:

21 Q. Are you aware of a letter sent by the British Prime Minister Tony

22 Blair on the 24th of September 1998 to the accused, expressing concern

23 about the developing humanitarian crisis and so on? Are you aware of

24 that?

25 A. I'm not aware of that. I wasn't a member of the government for

Page 37613

1 Prime Ministers to send me letters. I was president of the military court

2 in Belgrade.

3 MR. NICE: Your Honour, these are all exhibits. I can give you the

4 numbers if you want them, but I don't want to waste time.

5 Q. Are you aware of the fact that after Racak several publications

6 asserted that there had been a massacre there? For example, the OSCE made

7 an almost immediate report alleging that the VJ and police had attacked

8 Racak.

9 A. Well, I followed that in the press, but army did not attack Racak,

10 so the OSCE report is incorrect in that part.

11 Q. Well, just --

12 A. As to the rest, I don't know.

13 Q. -- remind us: Your source of knowledge that the army didn't

14 attack Racak is one -- one informant, isn't it? You never conducted any

15 investigation, did you?

16 A. No, we didn't conduct an investigation because it didn't come

17 under our purview. The army didn't take part in it, so we didn't

18 investigate. It was the court in Pristina that conducted the

19 investigation.

20 Q. We're going to hear about that from the next witness, but your

21 pride in the army, your concern that the army should have a proper

22 judicial legal system leads me to ask this: If there was, as there was,

23 public international allegations that the army was involved in Racak, did

24 not the military judiciary owe a duty to investigate? Yes or no.

25 A. Allegations have to be backed up by proof and evidence. Just to

Page 37614

1 claim something publicly internationally doesn't mean a thing. There was

2 a group of armed terrorists and this was a mission without any arms. So

3 where do you get this information from?

4 Q. We may look at the legal position of the obligations of the legal

5 -- of the military judicial system later, but just so that I can have your

6 answer clearly, it wouldn't matter to you, would it, General Gojovic, how

7 many newspapers, how many television programmes suggested that the army

8 was involved, you wouldn't investigate on the basis of such material; is

9 that right?

10 A. It's up to the prosecutor. I wasn't the prosecutor at that time.

11 So it's up to the prosecutor. And since the prosecutor didn't react, it

12 means he analysed it and found there were no elements to do so. He

13 investigated the facts through the military command and didn't find --

14 Q. [Previous translation continues] ... General, can you --

15 A. Just a moment, please. I didn't say that he checked them out.

16 Q. I thought you did.

17 A. Just a moment, please. I said I wasn't the prosecutor at that

18 time but the prosecutor probably checked it out. If I were the

19 prosecutor, I would have done so, but as I say, I wasn't the prosecutor so

20 I don't know.

21 Q. Somewhere in the archives of the VJ, there should be a report, or

22 in the archives of the military judiciary to which you would have access

23 in your term of office, there should be a report, should there, from the

24 current or the then judge charged with investigating, there should be a

25 report showing that the VJ were not involved. Have you seen such a

Page 37615

1 report?

2 A. I haven't seen a report like that, and I don't believe it exists

3 in the military judiciary organs.

4 Q. On the 3rd of February of 1999, General Drewienkiewicz wrote to

5 the accused in this case, dealing with allegations of looting in

6 particular on a widespread basis, again alleging the matter against the VJ

7 and the MUP. Were you aware of that letter?

8 A. I'm not aware of that letter, but the investigating organs would

9 have taken steps for any looting when it came to members of the Yugoslav

10 army in 1999, but you're mentioning a date that doesn't fall within that

11 area.

12 Q. On the 26th of March of 1999, Louise Arbour wrote again, saying

13 that it was her intention to investigate all serious violations of

14 international humanitarian law. Were you aware of that letter being sent?

15 A. She issued such warnings on several occasions.

16 Q. Very well. Let's have a look, if we may, at a short clip which is

17 already exhibited, Exhibit 15. Thank you very much. This is not

18 absolutely date specific but perhaps you'd be good enough to watch it with

19 us.

20 [Videotape played]

21 MR. NICE: Your Honour, I'm not getting any sound. There should

22 be sound on this. Without the sound, it's of no practical use because

23 it's the soundtrack I want. Thank you very much. We'll cancel that.

24 Q. If, as I'm going to suggest, there were broadcasts on the BBC and

25 CNN alleging that ethnic cleansing was happening and that the VJ were

Page 37616

1 involved - and Exhibit 15 is one such example, Your Honours, when we get

2 the soundtrack back - was that something that was brought to the attention

3 of the military judicial system?

4 A. You can see the images here, but when we speak about ethnic

5 cleansing, this example cannot be applied to Kosovo and Metohija where

6 we're dealing with citizens of the Federal Republic of Yugoslavia and,

7 pursuant to the constitution, they cannot be expelled from the country.

8 So these were people who were endeavouring to save themselves from the

9 NATO aggression and the terrorist forces in conflict with the army of

10 Yugoslavia and other armed forces --

11 Q. General --

12 A. -- so that's not --

13 JUDGE BONOMY: Are you saying, General, that if there was an

14 allegation that the military were responsible for evacuating people from

15 their homes, that the military judicial system would not investigate it as

16 long as they remained within Serbia, on technical grounds?

17 THE WITNESS: [Interpretation] Well, you know what? When somebody

18 says "responsible," then you need to back it up with arguments. You can't

19 on the basis of theoretic fiction make conclusions of reality and paint a

20 picture of reality. And now, on assumption, you want to see how the

21 public prosecutor reacted, or military prosecutor. You must work on

22 facts, not the fictitious writings of newspaper agencies or newspapers or

23 people roaming around and reporting from a distance. You must assess the

24 realistic state of affairs, and the judiciary deals with realistic facts,

25 realistic changes in the world, realistic cause and effect, not fiction,

Page 37617












12 Blank page inserted to ensure pagination corresponds between the French and

13 English transcripts.













Page 37618

1 not fictitious and theses and assumptions. The prosecutor analysed the

2 situation --

3 JUDGE BONOMY: General, it doesn't help for you to deliberately

4 misunderstand the question. You understood the question I asked you

5 perfectly well, and you've given an answer which bears no relationship to

6 the question at all, but I'm not going to take up time.

7 Move on, please, Mr. Prosecutor.

8 THE WITNESS: [Interpretation] Well, the prosecutor must react if

9 there is something that has been contrary -- done contrary to the law, but

10 he had no proof in that direction to lead him to that conclusion. So we

11 do understand each other very well.

12 JUDGE BONOMY: As you know, I asked you a hypothetical question.

13 MR. NICE: I gather we've got the soundtrack. Just remind

14 ourselves of Exhibit 15, please.

15 MR. KAY: It shouldn't have a soundtrack. I remember making the

16 objection. This is the videotapes produced by the Investigator Spargo and

17 it was to be without soundtrack because there are over three and a half

18 hours of it.

19 MR. NICE: Your Honour, for different reasons but the soundtrack

20 is now what's important because it makes allegations against the VJ. I

21 really don't desire to take time -- may I play it with the soundtrack and

22 we'll see if it can be exhibited with the soundtrack.

23 JUDGE ROBINSON: How long is it?

24 MR. NICE: Only very short, about a minute, I think.

25 JUDGE ROBINSON: We'll see.

Page 37619

1 [Videotape played]

2 "Village by village, hour after hour, under the symbols of their

3 nationalism, the Serbian authorities pushed the Albanian population of

4 Kosovo into exile. By now the refugees have been stripped of any document

5 that says who they are. Only their despair is left as a mark of common

6 identity. This is not haphazard flow of people. There is a grim logic to

7 what is going on. When you check where these refugees are coming from,

8 you can see that Kosovo is being cleansed, ethnically cleansed, village by

9 village hour after hour.

10 "The authorities here do their best to monitor where the refugees

11 come from. Their list reveals an expulsion of industrial efficiency.

12 "Can you show me on the map?

13 "Starting with the outlying regions of Kosovo, Serb forces have

14 moved remorselessly towards the interior, pushing towards the capital,

15 Pristina. And as if to prove --"

16 MR. NICE:

17 Q. I think we don't get more detail than a reference to the

18 authorities pushing people out and pushing them to another country. The

19 authorities could be either the police or the military. If you'd seen

20 that terribly serious allegation, would you have thought it right, as the

21 chief military prosecutor, to investigate?

22 A. I was not chief military prosecutor. It was another colleague.

23 He looked at these matters, but --

24 JUDGE ROBINSON: General. General.

25 THE WITNESS: [Interpretation] Yes.

Page 37620

1 JUDGE ROBINSON: The question was put on the basis of a

2 hypothesis. Had you seen it, would you have investigated?

3 THE WITNESS: [Interpretation] I would have investigated, and I

4 would have established whether what the reporter is saying is correct or

5 not, but obviously it was impossible. It was impossible. Legally or in

6 real terms. But if we want to look at things hypothetically, then my

7 answer is yes, I would have investigated it because nobody is allowed to

8 expel anyone, according to the constitution.

9 JUDGE ROBINSON: Mr. Milosevic, yes.

10 THE ACCUSED: [Interpretation] Just a very small clarification.

11 The interpreter said, "Would you, as chief military prosecutor..." which

12 in Serbian means only whether that was the case in real terms, whether he

13 was actually the chief military prosecutor. It's ambiguous in Serbian.

14 So when you say "If you were the chief military prosecutor," it's

15 ambiguous.

16 THE WITNESS: [Interpretation] That's what the question was, yes.

17 JUDGE ROBINSON: Well, when I put the question to him, I omitted

18 that reference, and he gave the answer.

19 MR. NICE:

20 Q. In light of your last answer, there -- one preliminary question:

21 You are aware, not only -- not only by the Prosecution in this court but

22 in all sorts of other publications - Human Rights Watch, OSCE - the

23 allegation has been fairly and squarely made that thousands were killed

24 and tens and tens of thousands expelled from Kosovo as a planned ethnic

25 cleansing involving the MUP and the VJ. You're aware of that, aren't you?

Page 37621

1 Those allegations have been made.

2 A. You put such leading questions, as if I knew that there was ethnic

3 cleansing, and precisely what I've been saying to you was that there was

4 no ethnic cleansing.

5 Q. [Previous translation continues] ... trying to get you to listen

6 to the questions. You're a general. That requires a Ph.D., I think, to

7 qualify in the former Yugoslavia. You must be able to understand -- you

8 didn't have a Ph.D., but that's the level of academic attainment required.

9 You must be able to follow the question.

10 Are you aware - yes or no - that such allegations have been made?

11 A. First of all, I do have a master's degree in law, in criminal law,

12 so please don't say --


14 THE WITNESS: [Interpretation] Yes?

15 JUDGE ROBINSON: Just listen to the question. The question is

16 whether you're aware, whether you know that allegations have been made of

17 ethnic cleansing by the MUP and the VJ, just whether you are aware of the

18 allegations that have been made.

19 THE WITNESS: [Interpretation] Such allegations were made. Such

20 allegations were made by different --

21 MR. NICE:

22 Q. And many of them were made while you were in charge, the

23 allegations, weren't they? Radio, television, Human Rights Watch, and so

24 on, many of those allegations were made while you were in charge.

25 A. What do you mean "in charge"? What do you mean that I was in

Page 37622

1 charge?

2 Q. Well, I can only borrow the words of the accused who summarised,

3 if I can find it rapidly, your position as being in charge, I think, of

4 the legal -- military legal service, when you were made presiding judge.

5 Were you not the man in charge at one stage?

6 Yes, here we are: "I was appointed to the position of head of the

7 legal department of the General Staff of the army of Yugoslavia." And I

8 think that was then picked up on one or two occasions by the accused in

9 questions. Were you not the head of the legal department of the General

10 Staff of the army of Yugoslavia?

11 A. Yes. Yes, I was, and that is correct. That is correct.

12 Q. A number of the allegations of ethnic cleansing were made while

13 you were the man in charge. And you know what the next question is, so

14 I'll ask it: Where is the inquiry that you conducted or organised to be

15 conducted into ethnic cleansing?

16 A. There was no evidence of ethnic cleansing, and there were no

17 criminal proceedings instituted against a single individual on such

18 grounds. The military courts have all their records available, and then

19 the prosecutor has to deal with charges, not the legal department of the

20 army. The legal department of the army set up the system, organised it,

21 the system of the military judiciary. And it did function. So if ethnic

22 cleansing occurs as a crime, then the prosecutor in charge has to press

23 charges. However, since this did not happen, the prosecutor did not

24 indict anyone and, therefore, it never happened. And I already mentioned

25 what the reasons were, why there could not have been any ethnic cleansing.

Page 37623

1 The Serb population accounts for a very small percentage of the population

2 of Kosovo, 10 or 15 per cent. Who is going to populate such vast areas if

3 a majority of the population is expelled, the way you put it.

4 Q. The simple answer to my question is this, isn't it, there were

5 widespread allegations from many sources of ethnic cleansing and you did

6 nothing whatsoever to investigate them.

7 JUDGE ROBINSON: Well, Mr. Nice, he -- he said that it would be

8 the prosecutor who would be press charges, the legal department.

9 MR. NICE: I'll check whether the prosecutor made an

10 investigation.

11 Q. Neither you as the man in charge nor any prosecutor made an

12 investigation. And I'm grateful to His Honour for requiring me to

13 reformulate the question.

14 Neither you as the man in charge nor any prosecutor made an

15 investigation into ethnic cleansing, did you?

16 A. The prosecutor looked at the matter. I talked to the chief

17 military prosecutor. I did talk to him. He looked into it, and his

18 findings were that there were no elements for that.

19 Q. When did you discuss this with him and where is the written report

20 of such an important decision?

21 A. This was a discussion when there were such things appearing in the

22 world media, and we had this professional discussion, but legally it was

23 not possible for this to happen in our country, in the Federal Republic of

24 Yugoslavia.

25 Q. You've made references today and you made references on the last

Page 37624

1 occasion to the impossibility of investigating matters such as this. What

2 do you mean by that?

3 A. This is a constitutional principle. It is a right guaranteed to

4 the citizens of the Federal Republic of Yugoslavia by the constitution.

5 No one can expel a citizen.

6 Q. I'm sorry --

7 A. And it cannot be qualified as --

8 Q. -- it's my mistake for not having made my question simple enough,

9 so I'll make it more simple. Last time and this you said it was

10 impossible to investigate certain matters in Kosovo. Why was it

11 impossible?

12 A. It's correct that I said that it was impossible, because of the

13 safety of the agencies that were supposed to carry this out. You are

14 losing sight of the fact that 19 countries of the strongest military

15 alliance in the world attacked that area, that small area. You have to

16 take the facts and figures from NATO. Let them give you their figures,

17 how many sorties there were; 800 per day, at least, up to 1.200.

18 Q. Let's pause there, shall we? The duty to investigate on one body

19 or another serious crime does not end with the ending of the conflict,

20 does it? The duty to investigate continues.

21 A. Correct, but we do not have legal jurisdiction in Kosovo now.

22 Again, you're losing sight of that.

23 Q. Are you saying -- because that's what I wanted you to turn your

24 attention to for us. Are you saying that it would have been impossible

25 for your authorities to investigate matters in Kosovo if you'd really

Page 37625

1 wanted to?

2 A. In terms of anything done in contravention of the law, an

3 investigation would have been carried out. Now, we're not going to look

4 at assumptions. If somebody assumes something, we are not going to

5 investigate that. However, whatever happened in real terms would have

6 been investigated.

7 Q. I think I asked you if it was impossible for your authorities or

8 for the authorities to investigate matters in Kosovo if you really wanted

9 to. Can you answer that question? Was it impossible or was it possible

10 to go to Kosovo and investigate matters?

11 A. That is a relative possibility. You are seeking only things in an

12 absolute sense. There is no absolute. I have already told you what all

13 the hindrances were in terms of investigating everything that was a crime

14 from a legal point of view. You want to say that there was a crime of

15 ethnic cleansing that occurred in legal terms, and that is where our views

16 differ. We cannot have matching questions and answers because we are

17 proceeding from different premises. You are representing an indictment

18 for which you do not have the proper argumentation. You have a fact which

19 is movement of the population, and that is not challenged. Camps were

20 prepared there in advance. The Red Cross were there. And wherever there

21 is a conflict, an armed conflict, there are refugees. So this was an

22 armed conflict, and it was expected --

23 Q. Do you accept - yes or no - that if you wanted to go to Kosovo or

24 if other authorities wanted to go to Kosovo to question witnesses, to

25 question victims and to find out if ethnic cleansing had happened, it

Page 37626

1 would be impossible to do so?

2 A. In which period? Which period are you referring to exactly?

3 Q. 2001, 2002, 2003. A period after these --

4 A. We were not allowed to go.

5 Q. Do you accept that the next witness from whom we are expecting to

6 hear, Slavisa Dobricanin, was able certainly to conduct investigations on

7 the territory of Kosovo in 2001, 2003?

8 A. Dobricanin is a forensic expert. He is an expert. He's not a law

9 enforcement agency. The authorities conducting these proceedings called

10 him in as an expert and not a single --

11 Q. [Previous translation continues] ...

12 JUDGE ROBINSON: Mr. Nice. Mr. Nice, when the witness answered

13 "We were not allowed to go" in response to the question "Which period are

14 you referring to?" "2001, 2002, 2003."

15 MR. NICE: Yes.

16 JUDGE ROBINSON: I think that needs to be followed up because it's

17 relevant to the question of the duty to continue with the investigations

18 after the conflict, and if there is an explanation for that, we need to

19 have it.

20 MR. NICE: Certainly.

21 Q. Can you explain why you say there would have been no possibility

22 for you to go, whereas Dobricanin -- I'm sorry, he's not the next witness,

23 he's the next witness but one or two, but he could go and conduct

24 inquiries in those years?

25 A. Again, I've explained this but obviously you don't want to listen

Page 37627

1 to me or you don't want to understand what I'm saying. Dobricanin is a

2 forensic expert, and he carries out post-mortems as an expert at the

3 request of the authorities, UNMIK, in charge of the investigations,

4 whereas our investigation agencies do not have access to Kosovo and

5 Metohija. That is on the basis of the Military Technical Agreement that

6 was signed. Not a single authority can act there. He goes as an expert

7 upon their request. He does not conduct inquiries. He gives his expert

8 opinion in terms of the identification of corpses, the wounds that were

9 sustained, et cetera. I think that that should be quite clear to the

10 Prosecutor and to all the parties in these proceedings.

11 JUDGE BONOMY: General, throughout the world day and daily police

12 forces carry out investigations in other countries over which they have no

13 jurisdiction by asking the authorities in these other countries to

14 investigate matters for them or to cooperate with them in the

15 investigation. Why would it not be possible in Serbia, after the

16 conflict, for cooperation to take place in the investigation of

17 allegations?

18 THE WITNESS: [Interpretation] I agree with you. Cooperation was

19 asked for, but on the other side the representatives of UNMIK did not

20 accept that. That's the problem. They do not accept that, or they simply

21 remain silent. But they do not refuse such requests either. The

22 prosecutors addressed them several times, but they never got any response.

23 MR. NICE:

24 Q. Now, in answer to -- or in development to the answer to His

25 Honour's question, are you saying - and if so, I shall seek from you

Page 37628

1 chapter, verse, and document - are you saying that there were any requests

2 from the authorities of Serbia and Montenegro to go to the territory of

3 Kosovo in order to investigate the widespread international allegations of

4 ethnic cleansing that had been made?

5 A. I have said that I was speaking about what the judiciary

6 authorities did, not the agencies of the government of Serbia and

7 Montenegro. The military prosecutors and the military organs addressed

8 the relevant agencies of UNMIK in Kosovo and Metohija, and they did not

9 get any return information from them concerning the possibility of

10 investigating crimes, because they are in charge of carrying out such

11 proceedings. There is the UNMIK organs that are in charge of this. They

12 have their own judiciary, they have their own investigations, and so on.

13 Q. Just stop --

14 A. Ask them for a report and then you'll get an answer.

15 Q. No, I'm asking you. I'm going to repeat the question because it

16 had a detail in it that I suggest you did understand: Were there requests

17 from your body, from any other authorities to your knowledge, to go to

18 Kosovo to investigate ethnic cleansing?

19 A. There were requests. Information was sought about certain events,

20 and they also asked for certain witnesses, but there were no answers.

21 Q. I'll try once more, but I'm not sure you've answered my question.

22 Were there requests -- was there any request, even one, to investigate

23 allegations of ethnic cleansing? If yes, I'm going to want to know when,

24 where, where the document is, and so on. So I'll repeat the question:

25 Was there any requests, even one, to investigate allegations of ethnic

Page 37629

1 cleansing?

2 A. Now you are moving the question to the area of ethnic cleansing,

3 but I've already answered that question. I've given you a comprehensive

4 answer. If you wish --

5 JUDGE ROBINSON: General. Mr. Nice, the general referred earlier

6 to a Military Technical Agreement that prevented anybody from going there.

7 Those were his words.

8 I would like to find out from the general what agreement is this,

9 between what entities?

10 THE WITNESS: [Interpretation] The Military Technical Agreement was

11 the agreement between the representatives of the army of Yugoslavia and

12 the representatives of the NATO forces. It was signed in Kumanovo and on

13 the basis of this agreement all armed forces withdrew from Kosovo and

14 Metohija and all government authorities, and authority was temporarily

15 taken over by the United Nations and they were exercising authority,

16 government, over the area of Kosovo and Metohija. The judiciary is a very

17 important branch of government in any state. So not a single state agency

18 can appear there, only humanitarian organisations. That is the central

19 issue in this regard.

20 As for ethnic cleansing, I've already given an answer. There

21 were --

22 JUDGE ROBINSON: Thank you.

23 MR. NICE:

24 Q. I'm going to move on, and I'm now going to come, as I forecast

25 right at the beginning, to --

Page 37630












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Page 37631

1 JUDGE BONOMY: I'm disappointed that you are, Mr. Nice. I thought

2 we might have got an answer to the question.

3 MR. NICE: Well, I'll try, Your Honour.

4 Q. I'm going to try once more with a very simple question that I --

5 THE INTERPRETER: Microphone, please.


7 Q. I'm going to try once more with a very simple question that I had

8 posed, General, first of all, and I'm going to try and repeat it. Was

9 there a request, even one, to investigate allegations of ethnic cleansing

10 made to the UNMIK authorities? Yes or no.

11 A. I don't know about that, whether there were any requests to that

12 effect. I have no knowledge of that.

13 MR. NICE: Your Honour, I'm not sure if I was refocusing on the

14 question Your Honour had in mind, but the answer that's been given by the

15 witness right now is that he was not aware of any such requests.

16 Q. You see, General, when we --

17 JUDGE ROBINSON: Mr. Nice, he's giving a legal answer to your

18 question, saying that there was an agreement, an UNMIK agreement. We

19 don't know what it says. UNMIK has jurisdiction. I don't know whether

20 that -- by that agreement Serbia was prevented from carrying out the

21 investigations. This is what he's saying.

22 MR. NICE: Let me develop it just another question so to make my

23 position clear.

24 Q. You heard the question that His Honour Judge Bonomy asked about

25 police forces operating under requests on the territory of other states,

Page 37632

1 didn't you?

2 A. I heard it, but I am not aware of any possibility of the

3 authorities of a foreign country conducting an investigation in another

4 country. It can only be done through INTERPOL, but I do not know of a

5 single case when one country can send investigators to another country to

6 investigate a matter. I'm not aware of any such thing. If this does

7 exist somewhere, I'm truly sorry for my lack of knowledge about that.

8 Q. And you are extremely acquainted with the whole business of

9 requests for assistance given in terms of legal proceedings because you

10 for a long time were on the committee that represented the VJ in asserted

11 cooperation with the ICTY, and that committee received and processed many

12 requests for assistance. So you know how requests for assistance work,

13 don't you?

14 A. As for assistance, yes, yes. But carrying out a direct

15 investigation by the agencies of one state on the territory of another

16 state, that is something that I've never heard of. I'm not aware of such

17 practice. However, assistance, yes, that's fine, and that is also

18 envisaged in the Law on Criminal Procedure on the basis of a previously

19 reached agreement between two states, and the principle of reciprocity

20 applies in such cases.

21 JUDGE BONOMY: General, was there anything in the Military

22 Technical Agreement to which you've referred concluded at the end of the

23 conflict that would have prevented the authorities in Serbia making a

24 request to UNMIK to carry out an investigation into ethnic cleansing?

25 THE WITNESS: [Interpretation] There is no such explicit provision

Page 37633

1 as far as I can remember. It is a very voluminous document, including

2 several annexes. However, several requests were submitted for legal

3 assistance in the case of several crimes, but there was no answer. But

4 that military investigation agencies can conduct an investigation in

5 Kosovo, no. In that agreement, it is stated explicitly that the military

6 and the police are withdrawing completely, including all their equipment.

7 What was envisaged was that up to 1.000 persons may return, but this has

8 not been allowed until the present day.

9 MR. KAY: The Military Technical Agreement is paragraph 108 of the

10 Kosovo indictment.

11 JUDGE ROBINSON: Thank you. Thank you.

12 MR. NICE:

13 Q. When we look at the material --

14 MR. NICE: Sorry, Your Honour.

15 JUDGE ROBINSON: Can I ask: General, under that agreement --

16 General, under that agreement, who would have the power to investigate the

17 crimes that were committed?

18 THE WITNESS: [Interpretation] In the territory of Kosovo

19 specifically? The new UNMIK organs that were established. However, the

20 organs of Serbia Montenegro can act in their own territory but they have

21 no access to Kosovo, and all possible evidence is there. Witnesses,

22 events, et cetera. So in order to be able to investigate whether some

23 action was a crime, whether it was illegal, you have to go to the site

24 itself. Otherwise, one cannot get a full picture.

25 MR. NICE:

Page 37634

1 Q. The documents you've produced, we may have time to go through the

2 business of production of documents a bit more fully, but the documents

3 you've produced are all that there is, really, in summary form to reveal

4 investigations that were conducted - and I have in mind tabs 17 and 18 -

5 correct?

6 A. Yes.

7 Q. You were appointed to this job by Ojdanic, who is actually a good

8 friend of yours, isn't he?

9 A. No, I was not appointed to Ojdanic. Ojdanic was duty-bound by the

10 law to propose it to the president of the republic, and Ojdanic got the

11 proposal from the president of the supreme military court and military

12 prosecutor. They tabled the proposal.

13 Q. Is he a friend of yours?

14 A. Who?

15 Q. Ojdanic.

16 A. General Ojdanic is not a friend. He's an officer whom I respect

17 and hold in high esteem.

18 Q. Given the long lead-up of complaints and inquires that we looked

19 at earlier this morning into events in Kosovo, it would have been quite

20 impossible to run this conflict or to take part in this conflict without

21 some form of judicial military body in place; correct?

22 A. Sorry, I didn't follow your question. How can the judicial body

23 organise something?

24 Q. Let me put it another way: The eyes of the world had already on

25 focused sharply on possible crimes and the need to investigate crimes, and

Page 37635

1 in those circumstances, when this conflict started, it would have been

2 quite impossible for the VJ not to have some form of military judicial

3 position in place if it was to be able to give the semblance of complying

4 with international norms.

5 THE ACCUSED: [Interpretation] Mr. Robinson.

6 JUDGE ROBINSON: Yes, Mr. Milosevic.

7 THE ACCUSED: [Interpretation] I think that this question is highly

8 improper, especially after long testimony providing such a great number of

9 documents on the work of courts, of people accused and convicted during

10 the bombing. I really don't understand that it is possible to ask a

11 question like this that somebody wants to have system that must --

12 JUDGE ROBINSON: Thank you.

13 THE ACCUSED: [Interpretation] -- act as representing the law and

14 so on.

15 JUDGE ROBINSON: Thank you, Mr. Milosevic. Let the witness answer

16 the question.

17 THE WITNESS: [Interpretation] Quite obviously the Prosecutor does

18 not wish to understand some things here intentionally, not that he cannot.

19 I said that it is a legal obligation. With the proclamation of a state of

20 war, the imperative norm is to set up judiciary organs during a state of

21 war. So there's no dilemma there. As soon as the government decided to

22 proclaim a state of war, automatically on the basis of the law judiciary

23 organs are developed which act in wartime, and the day that a state of war

24 ceases to exist, then those military judiciaries cease to exist. So it's

25 not somebody's will, whether they want to act in one way or another

Page 37636

1 because the world public opinion says so. It's a provision in the law. I

2 think we're all men of the law, and when you have laws in a country, they

3 come into force as provided for, and this is not brought into any

4 political context of any kind.

5 JUDGE ROBINSON: Thank you. Yes, Mr. Nice.


7 Q. And I'm going to suggest that the system over which you presided

8 to the extent that you did was providing, so far as serious crimes are

9 concerned, window dressing at the best. Do you understand?

10 A. That's not true. And the military judiciary is now being abused

11 by what you said. Look at the gravity of the crimes.

12 Q. Let's go to page 43 in the B/C/S version of tab 17.

13 A. I don't have that tab. You didn't give it back to me. I handed

14 it over. Could I please have it back.

15 JUDGE KWON: What's the English page number?

16 MR. NICE: English --

17 THE WITNESS: [Interpretation] I can't see it properly on this

18 copy. I would like to have the document that I gave over for

19 photocopying.

20 MR. NICE: Page 56 in the English.

21 THE WITNESS: [Interpretation] What you're giving me is tab 18 now.

22 I need tab 17.

23 JUDGE ROBINSON: Tab 17, page 56 for the witness.

24 MR. NICE: 43 in the --

25 JUDGE ROBINSON: Oh, 43 in B/C/S.

Page 37637

1 MR. NICE: Yes.

2 Q. While we're finding a copy of that to make available to you, don't

3 -- have you found it now?

4 A. Yes, I have.

5 Q. Very well. This is the case originally --

6 THE INTERPRETER: Microphone, Mr. Nice, please.


8 Q. This is the case originally involving Slobodan Stosic and one,

9 two, three, four, five, six others. Before I come to the questions I'm

10 going to ask you about this, it's as well that we should remember or

11 remind the Judges that it fits in a document which is almost exclusively

12 concerned with trivial crime, doesn't it? Comparatively trivial crime;

13 thefts, presumably looting of one kind or another, yes? I can flip

14 through and see but locked in the middle is this allegation against

15 Slobodan Stosic.

16 Now, you said, when answering questions about this, the following,

17 at page 67: "This was uncovered in mid-April and a report was sent to the

18 prosecutor, and the prosecutor undertook proceedings."

19 Can you think back, please, General Gojovic, and tell us who it

20 was that required this investigation to be carried out?

21 A. The prosecutor is the sole authorised individual to require an

22 investigation to be carried out.

23 Q. Maybe, but now just turn your mind back. Who in whatever way

24 actually initiated this prosecution so that it had to be prosecuted? Can

25 you remember?

Page 37638

1 A. Somebody must have informed the prosecutor. Somebody had to

2 inform him, whether somebody from the unit, a unit commander or somebody

3 else, it doesn't say here in the review that I have. But the prosecutor

4 tabled the request which means that he received information. Now, who he

5 received information from is not the essential point here. What is

6 important is the prosecutor learned about it.

7 Q. Mr. Gojovic, in the papers that have been made available to us,

8 and we've tried to get from the authorities all the papers about

9 prosecutions, it isn't revealed who made the original complaint, but we

10 actually know from evidence in the case. You see, it was Aleksandar

11 Vasiljevic who has told us the following: That he was aware - it was

12 specific knowledge that he had got - that volunteers named Dugi and Oto,

13 and we can see Oto as Palinkos, Dugi may be the man unnamed at the bottom,

14 but in any event, Vasiljevic went on -- General Vasiljevic went on to say

15 that he got the knowledge that these volunteers liquidated six or seven

16 Albanian civilians and threw them into a well in the village of Gornja

17 Klina. Then they dug the well up. And he went on to explain that he

18 found out about the case and he ordered a military police patrol to be

19 sent there to carry out the on-site investigation.

20 Now, then, you know who Aleksandar Vasiljevic is, don't you?

21 A. Yes.

22 Q. Thinking back, can you now remember that this particular and --

23 this particular investigation into a very serious crime was actually

24 carried out because somebody senior, Aleksandar Vasiljevic, demanded that

25 it be carried out?

Page 37639

1 A. Please, I don't know about that portion of Vasiljevic's statement,

2 but the court acts upon the prosecutor alone, and you said he told the

3 organs of the military police. The organs of the military police are

4 organs of detection and to the organs of detection, the organs of the

5 military police and military security are led by the head of the security

6 department, and Vasiljevic was the number two man. He was the deputy head

7 of the department. So that would come under his purview, to uncover the

8 perpetrators of crimes. And when he learnt about it and he had to receive

9 information down there at the base, not in Belgrade. He got the

10 information from the base, and then that came under his competence and

11 authority, precisely that kind of thing.

12 Q. This is -- this is your memory now or is this a hypothetical

13 answer?

14 A. Not memory, but it is the provision of the law that says -- spells

15 it out. You can't work outside the law.

16 Q. Vasiljevic was relieved of his position not so very long after

17 this. Do you remember that?

18 A. Yes, I do. After me. I retired before him. I had completed my

19 years of service and retired before him.

20 Q. And to remind the Judges of this particular investigation, Stosic,

21 the lieutenant colonel, was the subject of a discontinuance, and it was

22 only the minor players, the junior ranks, the privates and the reserves,

23 who were dealt with. Stosic lives free at the moment, doesn't he?

24 A. I assume so.

25 Q. And let's look at the only other really serious matters. There's

Page 37640

1 another one in tab 17, but we haven't got time to go into that now. We'll

2 go to tab 18, if we may. Just to remind the Judges and get the picture

3 back in our minds. On page 4 of the English, which is I think page 4 in

4 the B/C/S -- no, it's page 2 in the B/C/S. Page 2 in the B/C/S. We see

5 there on your tab 18 now it's only the junior ranks that are now all

6 forwarding for prosecution. Apparently, so you told us, acting without

7 any authority from the man who had taken them there, the senior officer.

8 General Gojovic, was this the truth, that allegations of serious

9 crimes would only ever be investigated when for one reason or another you

10 had no choice but to investigate them and the rest of your time was

11 focused on the trivial matters of theft of a hair-dryer and theft of a

12 cassette and theft of a motor car?

13 A. You have a review here of the legal proceedings taken against

14 individuals not for peripheral or minor offences, although you do include

15 minor offences in your indictment as well - looting, theft of property and

16 so on - so you have a review of all the cases where the perpetrators were

17 identified and legal proceedings were taken against them. Where they were

18 not identified but where the crimes were identified, and you saw from the

19 review how many of those cases there were, over 600 - 601, I believe - so

20 for 601 victims which you have in your indictment as well and for which

21 you investigated for a full five or six years was investigated in the

22 space of two months.

23 So those comparisons of yours don't hold water. And here we're

24 dealing with direct perpetrators, the ones that were uncovered.

25 Q. Let's -- I'm only going to be able in the time available to be

Page 37641

1 able to deal with a few inquiries or crimes by way of example, but just to

2 refamiliarise the Chamber with tab 18 before I come to my next point, can

3 we go in the English to page 6 and in the B/C/S to page 4.

4 Now, we see here some serious, very serious crimes. Just look at

5 the first one, numbers 1 and 2, which we looked at on the last occasion.

6 This is where in Susica village Petrovic and Stamenkovic -- I beg your

7 pardon, Petrovic ordered Stamenkovic and Jovic to liquidate two, an

8 elderly man and woman, because they hadn't left the village. Well, now,

9 you can turn my -- can you take me to a piece of paper that's going to

10 show how this particular investigation was triggered?

11 A. I would have to look at the list of cases, trials. I didn't have

12 a list like that before me. This is a brief information report from the

13 court in Nis, and all three were convicted. You had a note, I believe, on

14 your photocopy that somebody wrote in later on, and that note is indeed

15 correct. This -- number 1 was first of all accused of the crime and

16 convicted and got nine years, and the other man got seven, and I think

17 that the judgement came into force. They were convicted, but the

18 prosecutor re-termed the crime war crime against the civilian population.

19 So four other people were convicted, two officers as you say, and you were

20 given those notes and reports from the court. But I see that you're not

21 commenting on that, whereas you were provided with a list of those crimes

22 where two officers were convicted. One got a seven-year sentence and the

23 other five years, and the other perpetrators got four years' imprisonment

24 and three years' imprisonment, so you do have those facts and figures.

25 Q. General, all I want is your assistance, if you can give it to me,

Page 37642

1 on what it was that triggered --

2 A. Yes.

3 Q. -- this investigation in the first place, and then I'll make my

4 suggestion to you again and we'll look at another example. Can you point

5 me to what it was that triggered this investigation? Who found it? Who

6 decided there had to be an investigation, and so on? Can you point me

7 to --

8 A. You should look at the list of cases and find it there. I'm sure

9 that --

10 JUDGE ROBINSON: General. General, listen to the question.

11 Either you can answer it or you can't. Can you say how this particular

12 investigation started? Who triggered it? How did it start? Either you

13 know or you don't know. We don't need to have a speech.

14 THE WITNESS: [Interpretation] Let me tell you. No, I'm not going

15 to hold a speech, but you're quite obviously not listening to what I'm

16 saying. All I know is set down here in this document. And let me

17 repeat: The investigation is conducted on the -- by the court pursuant to

18 a request from the prosecutor, and now you are mixing up who uncovered the

19 crime and who investigated it, because it's only on the basis of the -- of

20 a request made by the prosecutor that the court takes steps. Now, who

21 reported the crime, I don't know. All I know is that the prosecutor

22 learned about it and set the works in motion. And according to our laws,

23 a criminal proceedings is put into place when the prosecutor tables a

24 request.

25 MR. NICE:

Page 37643












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Page 37644

1 Q. You see, General, the summary makes this look to be a classical

2 example of killing in the course of ethnic cleansing, and it's been

3 summarised in that way. Two people, they wouldn't leave the village, so

4 they were shot and killed.

5 Now, I don't know if you know this, but that's similar to a number

6 of allegations made in this case. So it's going to help us if we can find

7 out what it was that actually triggered this investigation in the way that

8 we happen to know from Aleksandar Vasiljevic's evidence what it was that

9 triggered the earlier investigation, and that's why I want your help. Can

10 you take us to the original documents, to the source of why this

11 investigation, this particular investigation, started?

12 A. From this here, we can see that unless -- if they didn't leave the

13 village, they were killed, and that's why the whole case was taken court.

14 So that is an argument contrary to what you are insisting. I don't know

15 the details. I would have to look at the lists of the cases. I really

16 can't give you the details. And the documents. But they were convicted

17 for having behaved in that way.

18 Q. Before I move to my next question --

19 JUDGE BONOMY: Before you do, I think you said, General, that

20 there were more people convicted than are shown in this summary we have.

21 Are the details of the other convictions somewhere in tab 18?

22 THE WITNESS: [Interpretation] No. There are three men concerned

23 here, three persons, with respect to the event.

24 JUDGE BONOMY: So they were the only ones that you were speaking

25 of.

Page 37645

1 THE WITNESS: [Interpretation] Yes, and the previous ones we

2 discussed. But I mentioned in passing that there were four others that

3 the prosecutor knows about but isn't presenting here, four others, because

4 he got the files and the lists, but they are not contained in this tab,

5 because the people were convicted later on, after this tab and document

6 was compiled.

7 JUDGE BONOMY: One of the things you said was that that part of

8 the investigation was labelled as a war crime; is that right? Have I

9 misunderstood you?

10 THE WITNESS: [Interpretation] What are we talking about now? What

11 do you mean? Which war crimes?

12 JUDGE BONOMY: I had thought --

13 THE WITNESS: [Interpretation] This event. This event here, these

14 three men we're talking about now, they were first accused of killing

15 several persons, but then the indictment was changed, and they were --

16 answered to war crimes, which is in fact a lesser -- of lesser severity

17 than the first charge of killing, murder.

18 JUDGE BONOMY: It appears here under Article 47, which is multiple

19 murder; is that right?

20 THE WITNESS: [Interpretation] Yes. That's how the trial started,

21 the proceedings started, but it ended in a different way.

22 JUDGE BONOMY: In relation to these three accused it ended as a

23 conviction for war crimes; is that right? Thank you.

24 THE WITNESS: [Interpretation] Yes, yes.

25 MR. NICE: [Previous translation continues]... the B/C/S there was

Page 37646

1 the handwritten amendment, the witness not knowing in whose hand it was.

2 JUDGE KWON: And, Mr. Gojovic -- Mr. Gojovic, in your earlier

3 answer, you said you could not give the details unless you took a look at

4 the list of cases. Could you explain what the document is being referred

5 to, "list of cases"?

6 THE WITNESS: [Interpretation] Actually, the files of the cases.

7 Not list of cases but the files, the criminal files containing all the

8 proof and evidence on which the judgement was made. So I meant files of

9 the cases. Not lists but files for the criminal cases.

10 JUDGE KWON: Thank you.

11 MR. NICE: Your Honours, although I shan't have time to go through

12 them, the remaining cases referred to of multiple murders might also

13 appear to fit with cases that were instituted in respect of ethnic

14 cleansing but we don't know how they were triggered because we don't have

15 the source papers.

16 Q. I must -- may I confirm something before I forget it, General

17 Gojovic, and I may not have time to go through the whole process of

18 seeking documents, although I shall try to deal with some of it. You said

19 last week that tab 18 was provided in January -- in January 2004, and my

20 recollection was different, but I've been able to check the matter and

21 indeed this document was provided, probably by correspondence in the end

22 or autumn of 2003, coming to us in the beginning of 2004, but it wasn't

23 connected to this witness's evidence until he gave evidence last week.

24 Can I now turn to someone else for your comments. Lieutenant

25 Colonel Djorovic. He was one of your judges, wasn't he?

Page 37647

1 A. No. No, he wasn't a judge.

2 Q. Was he a prosecutor?

3 A. Yes. Deputy prosecutor.

4 Q. Experienced man.

5 A. He [Realtime transcript read in error "I"] didn't have experience

6 in prosecutors' affairs.

7 Q. Well, we --

8 A. No, he didn't.

9 Q. We know for the purposes of the --

10 THE ACCUSED: [Interpretation] Mr. Robinson.

11 JUDGE ROBINSON: Yes, Mr. Milosevic.

12 THE ACCUSED: [Interpretation] In the transcript, the answer was --

13 reads as "I didn't have experience in prosecutors' affairs," as if the

14 witness was speaking about himself, whereas --

15 JUDGE ROBINSON: Yes. Thank you for the correction.

16 THE ACCUSED: [Interpretation] -- the answer was "he."

17 JUDGE ROBINSON: Thanks for the correction, Mr. Milosevic.

18 MR. NICE:

19 Q. You explained how for the purposes of the Kosovo conflict

20 reservists were called into action. You spoke of 125 altogether,

21 including people who had been working in employment exchanges or matters

22 of that sort, but Lieutenant Colonel Djorovic was not such a reservist,

23 was he?

24 A. I have to put you right there, and I do apologise. I'd like to

25 ask the Presiding Judge to enable me to do so. No judge came from an

Page 37648

1 employment exchange. They were all prosecutors and judges from district

2 and municipal courts, with a great deal of experience working in the

3 field, not from employment exchanges of any kind. I don't know what kind

4 of manipulation that is. They were judges who were appointed, and they

5 had a great deal of experience in the municipal courts and district

6 courts. So please don't put questions like that here.

7 Q. Reading from the transcript, General Gojovic, but --

8 A. Well, that's the interpretation I received. I don't know English.

9 That's what I was said, that they were brought in from the employment

10 exchanges --

11 Q. We'll move on from that.

12 A. -- which is not true, not correct.

13 JUDGE ROBINSON: Yes, we have heard that. Yes.

14 THE WITNESS: [Interpretation] And the person you mentioned, he was

15 an officer. He was a legal man. He worked in the prosecutor's office for

16 a short space of time and was replaced because he couldn't do his job

17 properly.

18 MR. NICE:

19 Q. He --

20 A. And don't refer to him, please.

21 Q. I'm sorry?

22 A. I don't want to be put in a position which --

23 Q. [Previous translation continues] ... because he tells the truth

24 about what happened?

25 A. I'm glad to hear that.

Page 37649

1 Q. What happened was this, wasn't it: That he went down to Kosovo

2 and he showed enthusiasm to charge people against whom evidence existed,

3 and that led to his eventually being sent back so that he shouldn't

4 perform his function. Isn't that right?

5 A. No, that is not right. He had full authority to raise

6 indictments. But what he wanted to do was to kill his deputy because they

7 got drunk and did silly things. And that's why he was replaced. So

8 that's why I said don't put me in a difficult position here.

9 Q. There was a physical conflict between him and either his deputy or

10 his superior, but before that, he had been bringing complaints and seeking

11 to lay indictments --

12 A. His deputy.

13 Q. He had been seeking to bring indictments and had been thwarted

14 from doing so; isn't that right?

15 A. No, that is not right. He had full authority to bring

16 indictments. Nobody could prevent him from doing so, nor did anybody

17 prevent him from doing so. Nobody like that existed who would prevent

18 him.

19 Q. And he laid a complaint against you -- or he laid a complaint

20 against judges and other people of the army's military court and military

21 district command, he laid a complaint on the 13th of June, 2001, making

22 allegations as to how he had been effectively thwarted in his work, didn't

23 he?

24 A. Please. He wasn't thwarted in his work, and the time that he

25 brought in the complaint is quite another matter.

Page 37650

1 JUDGE ROBINSON: General, did -- the question you were asked was

2 did he make a complaint against you?

3 THE WITNESS: [Interpretation] Complaint against me? I don't know

4 about that, that he laid a complaint against me to anyone. And he had no

5 reason to do so either.


7 Q. Did he make a complaint against, as I suggested, unidentified

8 judges of the military court and military district command in Pristina

9 and members of the army and security organs and military police at the

10 said command? Did he make such a complaint?

11 A. I don't know. I don't know whether he did or not, because that

12 would come under the competence of the prosecutor. He could send it to

13 the supreme prosecutor. But whether he did or didn't, I don't know. I

14 was not informed of any such thing, and I was the head of the legal

15 department in the ministry of department -- in the ministry. I was not in

16 the General Staff any more.

17 JUDGE ROBINSON: Mr. Nice --

18 THE WITNESS: [Interpretation] And criminal charges were raised

19 against them because of the conflict. So maybe it was in that case, in

20 those proceedings against him that the prosecutor raised a complaint. And

21 that had nothing to do with the job.

22 JUDGE ROBINSON: Mr. Nice, it's time for the break.

23 MR. NICE: Your Honour, yes.

24 JUDGE ROBINSON: How much longer are you going to be?

25 MR. NICE: I'd hoped to have finished in one session and that

Page 37651

1 would have kept me to 50 per cent of the examination-in-chief. Not

2 entirely as a result my own fault, I hope, things have gone rather more

3 slowly but there is -- I shall simply have to make a selection of what's

4 outstanding, but there's a lot of important stuff. I'll try to deal with

5 it in half an hour, but I can't promise.

6 JUDGE ROBINSON: We won't quarrel if you take 55 per cent.

7 We'll take a break now for 20 minutes.

8 --- Recess taken at 10.33 a.m.

9 --- On resuming at 11.02 a.m.

10 JUDGE ROBINSON: Yes, Mr. Nice.

11 MR. NICE:

12 Q. General, before we return to the history of your dealings with

13 Lieutenant Colonel Djorovic, which I'm going to deal with now sequentially

14 or chronologically, a couple of matters of correction or detail from the

15 answers you've already given.

16 First, as to UNMIK, its legal authority was only in respect of the

17 territory of Kosovo and it would never have had jurisdiction to

18 investigate crimes of ethnic cleansing committed by Serb soldiers resident

19 in Serbia, would it?

20 A. I think the answer would be no.

21 Q. And therefore, the suggestion that UNMIK would be non-cooperative

22 with a legitimate request by Serbia made in any formal way to give

23 assistance for the investigation of crimes by seeing witnesses is, I

24 suggest, a ridiculous suggestion. UNMIK inevitably would have wanted to

25 cooperate had you made or had anybody made such a request to them.

Page 37652

1 A. I have already given you an answer, that the prosecutors found

2 that there no grounds for issuing an indictment for ethnic cleansing

3 because there had been none.

4 Q. Next point, and I've got the documents but I don't want to display

5 them or take time displaying them unless it's essential -- or not

6 displaying them, showing them. Do you accept that as of 2001, a court in

7 Nis trying a rape allegation in respect of an alleged rape committed in

8 Kosovo during the conflict would have been able to secure the attendance

9 from Kosovo of a Kosovo witness, namely the alleged victim of the rape

10 case? Do you accept that that level of cooperation was possible?

11 A. Which court are you speaking about, a military court or a civilian

12 court?

13 Q. An allegation that certainly started in a military court. It may

14 have transferred to a civil court, but one way or another, do you accept

15 that there would be no difficulty in securing the attendance of witnesses

16 from Kosovo in Nis in the year 2001?

17 A. As far as the military court is concerned, I have information that

18 a request was sent to UNMIK and there was no response on two occasions.

19 Q. Very well. In which case, then, I'm going to hand you --

20 A. Precisely -- precisely as far as rape is concerned.

21 Q. I'm going to hand you a document, not for display because of the

22 protection of rape victim witnesses, and just look at this statement,

23 please, and tell me if you're asserting that this is one of the names

24 where a request for assistance to UNMIK was made and rejected. And then

25 I'll make copies available for the Judges, if necessary, but it may be

Page 37653

1 you'll accept from me on this occasion.

2 The papers you're looking at now the same or a different case from

3 those where you say cooperation was refused?

4 A. I'm trying to identify the persons involved here with the

5 information regarding the two cases I mentioned, but the names do not seem

6 to match.

7 Q. So if I suggest --

8 A. Possibly, though. Possibly. I mean, I do not preclude the

9 possibility altogether, but I don't see the names match from this

10 statement and --

11 Q. Take the names of the accused which are here and just show that to

12 the witness. I really don't want to add to the burden of files with

13 documents if it's avoidable.

14 Is that the same or different from the case you --

15 A. Yes, yes, yes. Then that's it, yes. If it has to do with this

16 indictment, yes. Yes, fine.

17 Q. Very well. So you accept, and we needn't burden the Court with

18 the papers, you accept that on the occasion that I've shown you, which was

19 in 2001, there could be cooperation in the provision of witnesses from

20 Kosovo to Serbia?

21 A. I don't know whether it existed in fact, but I know that requests

22 were sent and that there was no response for a while. As for later, I did

23 not check.

24 MR. NICE: If I can have those papers back. They're available to

25 the Court, the accused, and the assigned counsel, if wanted, but I don't

Page 37654

1 want to, as I said, burden us with detail if it's avoidable.

2 Q. Next thing before we move on, is it right that so far as serious

3 crimes, chargeable as war crimes or otherwise, serious crimes arising from

4 the conflict, there were convictions only in respect of Ivan Nikolic,

5 Dragisa Petrovic, and Mancic, those three cases?

6 A. That's the way it looks on the basis of the information that I

7 have here.

8 Q. [Previous translation continues] ... person convicted was a

9 captain?

10 A. Captain first class, and a major. Mancic is a major.

11 Q. No colonels, generals or anybody else investigated, let alone

12 charged?

13 A. There was no evidence to the effect that they had perpetrated

14 anything like that.

15 Q. And for the ones that we've looked at and for the reasons that

16 I've already explored, we can't say what it was that triggered those

17 particular investigations that led to convictions, can we, because we

18 haven't got the documents here?

19 A. Well, it was their illegal action that led to this, and are you

20 seeking a more specific answer? One has to look at the case file in order

21 to be able to give that.

22 Q. You've produced a lot of material, tabs 1 to 16, going to show

23 that there was in place instructions for and statutes for and rules for

24 compliance with the rules of war and for the operation of a proper

25 military judicial system. Are you acquainted with the evidence of the

Page 37655

1 witness here, Peter -- or General Sir Peter de la Billiere who expressed

2 concern -- or not concern, surprise at the fact that there should be so

3 much material? Are you acquainted with that evidence?

4 A. No.

5 Q. He was saying he was surprised at the volume of orders or the need

6 for them to be reiterated at such regular intervals.

7 A. Which orders was he referring to? I only referred to two orders

8 here and one aide-memoire, which is not an order. Only two orders from

9 the Supreme Command level, which is sufficient.

10 Q. That was his evidence. And then you're aware, of course, that a

11 book was published in 2001 called the Application of Rules of The

12 International Law of Armed Conflicts, which is an exhibit in this case. I

13 haven't got the number immediately. I can't read it. But you're aware of

14 the publication of that book?

15 A. Yes.

16 Q. Was that book published really as a piece of information for the

17 ICTY to read, setting out, as it did, how well behaved the VJ was?

18 A. I don't know what the author and the publisher of that book had in

19 mind except for presenting what was done by lower-level commands down

20 there.

21 Q. And then when General Pavkovic was being interviewed in great

22 complexity, material was handed over that again included material going to

23 show that the VJ was behaving properly. Were you involved in the

24 preparation of the material that Pavkovic handed over or that was handed

25 over on Pavkovic's behalf?

Page 37656












12 Blank page inserted to ensure pagination corresponds between the French and

13 English transcripts.













Page 37657

1 A. No.

2 Q. You see, I'm suggesting to you, General Gojovic, that there has

3 from the moment that this conflict started been an awareness of the need

4 to make it look as though things were in place to conduct the war lawfully

5 and to punish those who offended. That's my suggestion to you.

6 A. That is the way it was acted, abiding by the provisions of

7 international humanitarian law and also charges were brought by

8 prosecutors where they had evidence against such perpetrators.

9 Q. But I'm just going to round off my suggestion before we look at

10 the next few documents. The extraordinarily limited number of

11 convictions, the failure to convict anyone of a senior rank apart from

12 possibly a major and a captain, the failure to investigate generals, the

13 failure to investigate ethnic cleansing despite the widespread allegations

14 being made, all show that this was a sham by the army, and you know it.

15 A. First of all, this is not an omission on the part of the army, and

16 you keep trying to convince me that this is something I know about and

17 that it existed, but it did not exist. If any general had issued orders

18 to commit a war crime, there would have been awareness of that, but there

19 was no such general. You do not think that generals and commanders of

20 brigades would order something like that. How could something like that

21 cross your mind let alone how can you say it?

22 Q. Again before we move on, we saw last week how, at the end of tab

23 18, there was an investigation into persons unknown for the bodies found

24 at Izbica. You explained to us how it was that a passing unit had seen

25 something and gone to investigate. Help us if you will, General: On your

Page 37658

1 understanding, were the VJ units or whichever unit it was, were the VJ

2 units first on the scene?

3 A. On the basis of this information provided by the commander of the

4 unit in question, it seems that when that unit came, it found freshly dug

5 graves, many of them, and of course he found this to be suspicious, and he

6 informed the prosecutor, who asked for measures to be taken in that

7 respect, to carry out exhumations, and that was indeed done. Now, whether

8 there was a unit there beforehand is something that I did not have any

9 information about.

10 Q. You see, I'd like you to consider, please, a document that is now

11 available. It was not available when we were prosecuting -- when we were

12 presenting the Kosovo part of the case. I think only in English, but

13 there's a short passage to be read to you. It's only in English, I'm

14 afraid, General, I think.

15 MR. NICE: Your Honours, we haven't prepared the whole report. Of

16 course it's available if people want it, but this is for value of only one

17 purpose at this stage, in any event. And if the usher would place the

18 front sheet on the overhead projector.

19 Q. This is -- General, this is an activity report for 2002, 2004, by

20 the Office of Missing Persons and Forensics of UNMIK. The second page,

21 Mr. Nort, simply shows the table of contents. But on the third page I'm

22 going to read something out to you, General. The report of UNMIK says

23 this, middle paragraph: "Thus far, human remains recovered from mass

24 graves in Serbia ... have been associated with known events of

25 disappearance, each gravesite corresponding with a particular event: For

Page 37659

1 example, bodies exhumed from Batajnica 2 site belong to those who went

2 missing in Meja ... and those exhumed from Petrovo Selo belong to victims

3 of the Izbica massacre."

4 Now, at the moment this is the only material and evidence we have

5 to make this point, but could you explain to us, please, how if the VJ was

6 there and if your organisation was conducting a proper inquiry into and

7 supervision of the mass gravesites at Izbica bodies were moved from there

8 to Petrovo Selo in Serbia in order to hide them?

9 A. You will have to ask the people who did that, who were actually

10 involved in the hiding. I cannot give you an answer to that. If this

11 information is correct, that is.

12 Q. There is no way, is there, General, that a properly conducted

13 forensic exercise into a mass crime, with the crime scene properly

14 preserved, could permit of some of those bodies to be taken away and to be

15 hidden in another territory.

16 A. The exhumation was carried out, as far as the information I have

17 is concerned, it was the end of May, beginning of June. It was reported

18 on the 29th of May, so it was still the beginning of June when the

19 aggression was still on, so appropriate action was taken. The

20 prosecutor --

21 Q. [Previous translation continues] ... it was on your watch. And I

22 want you to tell us, please, how on earth it could be that bodies taken in

23 a proper forensic examination by investigating Judges and prosecutors

24 could possibly have been taken away to be hidden. You tell us, please.

25 A. Well, please. After the burial and after all action that was

Page 37660

1 taken and it was established what was found, 144 grave sites and 101

2 exhumations were carried out, and at that time that was the end of the job

3 of the authorities involved. What happened subsequently is something that

4 I cannot give you an answer about because I have no knowledge about that.

5 I have no information about that.

6 Q. You sat on this committee under the chairmanship of Terzic that

7 dealt with requests for documents by the OTP to the VJ through the

8 National Council for Cooperation. You tell us what documents exist that

9 deal with the transportation of bodies from Kosovo to Batajnica, because

10 it's not challenged that they did move from Kosovo to Batajnica and to

11 Petrovo Selo. What documents exist?

12 A. Documents about their transfer, that is something that we never

13 had. At the General Staff and in their archives, there is no such

14 information. Ask those who concealed this. They probably know. Those

15 who found them probably know how they got there in the first place.

16 Q. [Previous translation continues] ... you must know. You moved --

17 you moved at the centre of VJ life for a long time. You tell us. Who

18 moved those bodies?

19 A. Please, throughout my testimony, you keep saying that it must have

20 been somebody from the VJ. It was no one from the army of Yugoslavia.

21 There is no such information. Had there been any such information, it

22 would have been found. At least this commission and military prosecutors.

23 Even if there were such transfers, it was done apart from the army of

24 Yugoslavia.

25 Q. Let's move on very quickly because I'm running out of time. You

Page 37661

1 brought charges that led to about three or so convictions, half a dozen

2 convictions and no more, but let's see what else you were prepared to

3 devote your energies on.

4 The document before you, I'm afraid -- it is in both languages, it

5 is a document published by Natasa Kandic who runs a non-governmental

6 organisation in Belgrade. The document was published on the 12th to the

7 13th of August of the year 2000. You can look at it very briefly and

8 perhaps at more leisure if necessary and appropriate later, but she made

9 serious allegations here about the conduct of the army, the FRY army, in

10 the conflict, didn't she? Conflicts generally.

11 A. There are all sorts of things in here.

12 Q. You tell us, please, what it was in the year 2000 that was so

13 serious that you felt an obligation to have her charged with a criminal

14 offence for writing criticism of the army when you couldn't and when your

15 group couldn't investigate the ethnic cleansing itself. What was it in

16 this article that was so grave that prompted you to try to prosecute

17 Natasa Kandic?

18 A. I did not prosecute Natasa Kandic. I did not. It is only the

19 prosecutor who can prosecute her, not me.

20 Q. Very rapidly at a sequence of events. The next document, we'll

21 have a look at it, please, is the response of the army to this because

22 it's right, isn't it, that there was a response?

23 A. I'm not aware of that. At that time, I was on annual leave when

24 this happened, what Natasa talks about.

25 Q. So you say. All right. So just look at it. Mrs. Kandic Launches

Page 37662

1 Grave But Groundless and Premature Accusations. To that she had the

2 courage to reply on the 21st of August, and we can have a quick look at

3 that and decide later whether we can apply to have them all produced, but

4 just have a look at what was being said on the 21st of August.

5 MR. NICE: Coming your way, Mr. Nort. This one we will just focus

6 on for a minute or so.

7 Q. So here is Natasa Kandic, executive director of the Humanitarian

8 Law Centre, on the 21st of August. If it could go on the overhead

9 projector, please. And amongst the things she refers to halfway down the

10 page is the Yugoslavian army's response with secret trials. She alleges

11 that she will not remain silent about the horrors of the generals who sent

12 young recruits to witness things in Kosovo, and she said towards the foot

13 of the page that she saw Albanian villages surrounded by tanks, she heard

14 the shelling, she saw thousands of people leaving their homes and columns

15 of civilians on the road.

16 So this is a Serb, Serb woman in Belgrade who dares to challenge

17 the army. Is that right, General Gojovic?

18 A. As for Natasa Kandic and her arguments, I have a completely

19 different opinion. First of all, Natasa Kandic does not have any

20 institutions of a scientific nature behind her that would establish

21 legally valid grounds. Her observations, aired through the media, she

22 seems to see everything, hear everything. That is her own sense of

23 observation.

24 Q. Pausing there for a minute.

25 A. Now --

Page 37663

1 Q. We'll look at the bottom of the page and tell you what she said

2 publicly, realising that she faced the entire Yugoslav army. She said

3 this, four lines up from the bottom of the page -- five: "I spoke with

4 people who were in Izbica on the 26th of March." And she gives some

5 accounts.

6 Go over the page, please, Mr. Nort. Three lines down. Having

7 dealt with somebody whose son was shot but not seen to be shot, she speaks

8 of 10.000 civilians forced by shelling to leave a field. She goes on in

9 the next paragraph, General Gojovic, to say to those whom she was

10 addressing that these are the facts. "... this is the cruel truth about

11 Izbica, Bela Crkva, Cuska, Vucitrn and many other places and not, as the

12 army maintains 'falsehoods.'" And she says: "I stand here and plead

13 guilty because I did nothing to prevent these crimes from being committed.

14 You rebuke me for not praising the Yugoslav army ..."

15 Let's go and see what that drew. That drew a further response

16 from the army, saying it would sue Natasa Kandic. And then it drew this:

17 This is a document, even if you were on leave, General Gojovic, that

18 you're going to know about, because you signed it.

19 While the document's coming your way, do you say Serbia and

20 Montenegro is a place where there is freedom of speech? Do you?

21 A. Yes.

22 Q. Very well. This is a decision that you signed on the 26th of

23 September of the year 2000. And if Mr. Nort could put the English version

24 on the overhead projector, I would be grateful.

25 A. Yes, it is.

Page 37664

1 Q. "A disciplinary investigation has been initiated against Djorovic

2 Lakic, Lieutenant Colonel serving with the Federal Ministry of

3 Defence ..."

4 Next paragraph: " ... due to a reasonable suspicion that, in the

5 capacity of a Lieutenant Colonel serving with the Legal Administration of

6 the Federal Ministry of Defence, on 1 September 2000, when Colonel

7 Mihajlovic, who was replacing the Chief of the Legal Administration of the

8 Federal Ministry of Defence during his absence, in the capacity of a

9 superior in the service, ordered him, based on the material submitted from

10 the Yugoslav Army General Staff, to make draft criminal and offence

11 charges against Natasa Kandic, Director of the Fund for Humanitarian Law

12 from Belgrade, for corresponding criminal acts and a violation ensuing

13 from her interview published in the paper 'Danas' for the 12th to the 13th

14 of August, 2000, he failed to execute the issued order, as was his duty to

15 do, instead he made an official record wherein, inter alia, he stated the

16 following: 'Majority of her (Natasa's) views I deem fully justified and I

17 fully share them with her, that is I share her opinion of those views...'"

18 Pausing there, this was a man who was in Kosovo as part of your

19 group and he identifies with the views of Natasa Kandic. Remind me again,

20 is there freedom of speech in Serbia Montenegro?

21 A. Please, this is not freedom of speech. This is presenting

22 incorrect information without arguments by Natasa Kandic, and the General

23 Staff says she should offer up arguments, not stories and rumours. And

24 since you mentioned this lieutenant colonel, he received orders to make a

25 draft, that is to see to the technical side, technical processing for a

Page 37665

1 draft complaint to the prosecutor, a draft of that, and then the official

2 would send it forward. Whether they would table it or not is another

3 question, but it would go on for processing. So it wasn't up to Djorovic

4 to assess whether there were grounds or no grounds. He was an official

5 carrying out orders. Any orders not carried out in the service would be

6 subject to liability and accountability and that is the foundation of

7 every army in every state. So to bring that in this context is improper

8 before this Tribunal.

9 Q. Understand me, General Gojovic, why I ask these questions. First

10 of all, just confirm that it is your signature on the page seeking to have

11 this man prosecuted. It is your signature, isn't it?

12 A. That's correct. Yes, it is, and I don't challenge that at all.

13 Q. The context is this: You and those working with you would do

14 everything to shut up people like Natasa Kandic or Lieutenant Colonel

15 Djorovic who were prepared to tell the truth or who were prepared to

16 investigate people at the time, in order to defend the army, and that's

17 exactly what you're doing here today.

18 A. Djorovic had the possibility when he was a prosecutor to bring

19 these charges and not when charges were taken out against him because of

20 his conduct which were incompatible to the duties of an officer, let alone

21 a prosecutor. So in this way he is trying to defend himself and then

22 seeking assistance by linking himself with Natasa Kandic, just as if

23 someone who was seriously ill would go to a soothsayer to seek help there.

24 Q. And he also, of course, had the courage to challenge you in

25 another way. We'll look at the next document, please, which tells us more

Page 37666

1 about you, I'm going to suggest.

2 On the 7th of November of the year 2000, he made a complaint

3 against you, Major General Gojovic. I don't have time to go through the

4 document in detail, but just look at it. And this complaint was to the

5 effect that you obliged everybody in your department to go and vote for

6 this accused. He had the courage at that make that complaint against you,

7 didn't he?

8 A. He brought in criminal complaints against many people, but they

9 were all rejected. Why didn't he take this into his hands, the

10 processing --

11 Q. Finally --

12 A. -- and prosecution.

13 Q. And then finally on the 13th of June of 2001, and it's a long

14 document, we don't have time to go through it, but you'll be familiar with

15 it and I've referred to it already this morning. I now bring it in in its

16 chronological position. He made a complaint against unidentified judges

17 of the military court about the fact that case files he was pursuing were

18 not dealt with properly and matters of that sort. Do you remember this

19 complaint?

20 A. I don't know about that, but otherwise, it demonstrates his

21 conduct and behaviour which ranks him among being assessed -- his

22 capabilities being assessed for the army, and that is the way he behaves.

23 He files reports against everybody. Yet when he is in a position of

24 authority, he doesn't do so. Why didn't he name the judges? He knows

25 them all. He is trying to mask the eyes of the public and brings up

Page 37667

1 Natasa Kandic.

2 Q. General Gojovic, he had no anxiety, did he, about naming you? He

3 was brave enough to do that, and it needed bravery in your state, didn't

4 it, to oppose the army?

5 A. Well, why didn't he prosecute once the prosecutor rejected the

6 criminal report? He has the power to do so and to take it into his own

7 hands and be the prosecutor against me. He didn't dare to do that,

8 whereas he had the possibility of doing so, so why didn't he? But when

9 you go to court, you have to provide proof and evidence, so that's why he

10 didn't dare to do so. And his writings speak about the rights that you

11 say did not exist, both to file criminal reports and to make -- go public,

12 but nobody prosecuted him. Of course, if he didn't carry out orders, then

13 proceedings against him should be initiated.

14 Q. General Gojovic, so that I can focus your mind on the relevance of

15 Djorovic's behaviour and conduct, a large number of the people running the

16 military judicial system in Kosovo at the time of the conflict were

17 reservists. Not very many with the experience that he had. And I'm going

18 to suggest to you that it would have been extremely difficult for them and

19 would have required great bravery on their part to try to force through

20 the proper indicting of individuals if the authorities were against it,

21 and that's one of the reasons tabs 17 and 18 are as slim as they are. Is

22 that the truth?

23 A. I don't agree with that. That is not the correct assessment.

24 It's quite wrong.

25 Q. Finally, on the question of who you were prepared to -- finally,

Page 37668

1 on the question of who you were prepared or who the authorities were

2 prepared to prosecute, do you remember the journalist Miroslav Filipovic?

3 A. I don't know who the man is. There was somebody in the press, but

4 I didn't follow that. And when it comes to journalists, I'm not

5 interested in that kind of thing.

6 Q. Was he a journalist who was prosecuted for saying things that were

7 unappealing to the army?

8 A. I don't know whether they were appealing or unappealing. That's

9 up to the prosecutor, not the army. The prosecutor is not within the

10 composition of the army, it's within the composition of the ministry, it

11 comes under the ministry.

12 Q. A small technical exercise next, please, and then I'm nearly done.

13 MR. NICE: Your Honours, I've got a visual aid. I don't

14 necessarily suggest it becomes an exhibit, but I want to deal very briefly

15 through this witness with the efforts of that have been made for us to get

16 documentation so you will know the degree to which these documents are

17 complete, and I'll ask him a couple of questions about provision of

18 documents.

19 I am afraid it hasn't yet been translated into B/C/S or Serbian

20 but it's only a visual aid or aide-memoire or whatever you like for the

21 time being.

22 Q. General Gojovic, you've already dealt with, as I've already

23 suggested, requests for provision of documents and you will therefore

24 confirm, I hope, that as long ago as May 2001 there was a request to

25 provide all documents in connection with investigations or prosecutions

Page 37669












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Page 37670

1 before courts military or civilian. Do you remember that request?

2 A. I do remember that request, yes.

3 Q. In November 2001 there was a request for documentation in respect

4 of Racak. Do you remember that request?

5 A. That request wasn't directed towards us. It was returned to the

6 competent authorities --

7 Q. Very well.

8 A. -- because --

9 Q. Do you recollect that in July of 2002 there was a production of as

10 little as eight files? In July 2002, there was the production of as

11 little as eight files for cases - and when I say "files" each file may

12 have only been a page or so - and then some records relating to Racak. Do

13 you recollect the provision of those documents?

14 A. Well, let me answer. When you asked for the files of all criminal

15 charges - I don't know if it was you or Madam Carla Del Ponte - technical

16 assistance was sought because the courts technically were not able to --

17 did not have the technical resources to copy, photocopy, all those files

18 for us to send you all the cases, and that is why technical assistance was

19 sought to deal with that matter. That technical assistance did not arrive

20 and it was for those reasons that those files were not given over to you.

21 That is the sole reason.

22 Q. Well, the efforts continued with a request in August 2002 for

23 documentation concerning sexual assaults committed by members of the VJ.

24 Do you remember that?

25 A. Documentation was supplied for those cases.

Page 37671

1 Q. Then in October 2002, there was another request for assistance in

2 respect of court documents for the particular judgements of Mancic,

3 Radivojevic, Tesic, and Seregi. Do you remember that?

4 A. There wasn't a judgement related to Mancic. That came later. And

5 once again there were technical impossibilities. Technical assistance was

6 sought but we weren't able to comply.

7 Q. Technical problems. Then on the 4th of November there was a

8 meeting with Mrs. Tromp and Mr. Treanor. Amongst other things, you

9 explained that tab 18, differently described, did exist and said if we

10 wanted it we should apply for it. Do you remember that?

11 A. I remember that but I didn't understand what subject or tab you're

12 referring to. That's the part I didn't understand but I do remember the

13 meeting where we did discuss it and there were -- technical assistance was

14 brought up again. And technical assistance was promised but once again,

15 for technical reasons, the courts were not able to photocopy the documents

16 to complete the files and send them in, otherwise they would have been

17 happy to do so.

18 Q. I said November, I meant December. We move on then to 2003,

19 taking it swiftly. On the 14th of April you were asked questions, really

20 basically to the effect of is this all there is in respect of military

21 court files, and the response to that came on the 11th of September with

22 the document that is tab 18, that's item 1, and various other documents

23 fully identified on this schedule but not very much material by way of

24 further files. Do you remember that?

25 A. On the 11th of September, I wasn't in the commission. The

Page 37672

1 commission was disbanded, and that's when problems occurred with respect

2 to complying with the requests made by this Tribunal. The commission no

3 longer worked as of the beginning of April.

4 Q. You see, it was disbanded by, what, Minister Tadic, was it?

5 A. Yes, that's right.

6 Q. On the grounds that it was behaving badly, wrongly, improperly,

7 and obstructing the OTP?

8 A. No. The main point was to prevent some evidence reaching

9 President Milosevic for his Defence case and not to prevent the work of

10 the OTP. Quite the contrary. The work of the OTP was promoted through

11 the work of that commission. But what was endeavoured was to prevent

12 evidence getting to the Defence, and that's why Minister Tadic was

13 replaced, or disbanded it. There was no other reason. That's my opinion.

14 Q. I want to be quite clear about it, that the OTP has made every

15 effort to get original files and all documentation, and the provision has

16 been either what we have got in these papers today, a few other files, or

17 the answer it can't be done for technical reasons; is that right?

18 A. Talking about original documents, you know that original documents

19 are not given from any archive. All you can do is photocopy them and

20 provide photocopies, not original documents, so with that respect --

21 Q. [Previous translation continues] ... we've made every effort to

22 get copies of original files of prosecutions and all we've got is what's

23 in these documents, tab 17 and 18, and a few other files that are listed

24 in the document I've placed before the Judges. That's all we've been able

25 to get from you.

Page 37673

1 A. Why didn't you provide technical assistance? You would have been

2 provided with all the rest of the files you asked. So you didn't invest

3 all efforts at your disposal. Technical efforts, I mean.

4 Q. By the way, was Tadic's official reason -- What was the official

5 reason he gave for disbanding your commission?

6 A. He didn't give any official reasons. What came before was typical

7 conduct; that is to say several articles appeared in the papers according

8 to which some mysterious commission - which was verified, by the way - was

9 preparing the Defence of Slobodan Milosevic. So it was on the basis of

10 those newspaper articles that Tadic came to disband the commission without

11 giving any reasons for doing so. So that was the first act that he signed

12 as defence minister.

13 Q. Finally this, then: You dealt with all requests from the time the

14 commission was in existence. There is a body called the Joint Command,

15 isn't there? Or wasn't there?

16 A. You want an answer?

17 Q. I certainly --

18 A. Well, I came across the term from a document that came to the

19 commission while it was still working. It was a document one and a half

20 pages long and there was a heading there that said Joint Command.

21 However, the --

22 Q. Just a minute. We can look at the documents but it takes time.

23 Just confirm, please, that for the duration of the conflict in Kosovo

24 between March and June of 1999, there was a body that ran things for

25 Serbia and Montenegro and it was called the Joint Command, and it was

Page 37674

1 called the Joint Command because it had representatives from civil

2 authority, Sainovic, and the military.

3 A. I didn't know about that. I wasn't aware of that. I wasn't in

4 that system of command. But I did come across that document later in the

5 work of the commission and we were wondering about what the document was.

6 It was the draft of an order without a signature, without a stamp. So

7 that is the only thing I learnt about, that there might be some kind of

8 body with that name, but what it was actually was I really can't say.

9 Q. You were the man in charge of the military judicial system.

10 Please tell us, how was the conflict run and where can we find the records

11 of how it was run, because all our efforts so far have been unsuccessful.

12 How was the conflict run?

13 A. What conflict do you mean?

14 Q. Response to NATO. How was it -- how was it managed? Who made the

15 decisions? Who deployed the troops? Who made the decisions about the

16 civilians? It was a Joint Command, wasn't it? You must know this,

17 General.

18 A. No, please. You're mixing apples and pears here. All the orders

19 went from the staff of the Supreme Command, and that was the system of

20 command that was functioning. So if there was a body called the Joint

21 Command that was just to dovetail and harmonise relations down there

22 because there were organs of internal affairs, civilian protection there,

23 and somebody had to coordinate all that, and their mutual actions,

24 cooperation, working together, somebody had to do the job. But otherwise,

25 the army functioned according to the principle of subordination from the

Page 37675

1 Supreme Command to the lowest level unit. Now this auxiliary body, if it

2 existed, it might have existed. That's nothing new. Quite obviously,

3 civilian organs had to coordinate their affairs. You have to live down

4 there, get supplies down there to the units, coordinate everything, so

5 somebody had to be in charge of that and do the job. Whether the term was

6 the right term and whether you're being misled by the term "Joint

7 Command," that's another question.

8 Q. Don't have time to do that, but just help me with this: We've had

9 a lot of evidence in this case with VJ units being deployed, shepherding

10 Kosovo Albanians out of their country, Macedonia, Albania. You've

11 fielded, you've dealt with all the requests for detailed information and

12 for documents from the OTP during the period you were on the commission.

13 Where can we find the documents that will explain the deployment of those

14 forces and explain what it is said they were doing? Because we want to

15 know.

16 A. Every action on the part of the army, every movement by the army

17 would come after orders from a superior officer, and we have those orders.

18 You don't wish to say, I assume, that orders -- by issuing orders you

19 couldn't deploy the army to defend the country from attacks and giving

20 artillery support and so on. That was the only case in the world in the

21 history of warfare where this would have happened.

22 Q. You had no trouble, did you, providing 8.000 documents that

23 concerned offences committed by the KLA, did you? No technical difficulty

24 with doing that. Eight thousand pages.

25 A. That was done by the Ministry of the Interior. The Ministry of

Page 37676

1 the Interior is quite a separate institution and organisation.

2 Q. [Previous translation continues] ... very well. More efficient

3 than yours? Is that it?

4 A. Possibly. Possibly they're more efficient in cooperating and

5 complying with your demands because they had the technical ability to do

6 so and other support.

7 Q. If you don't acknowledge the existence of something called a Joint

8 Command, you know of something called the Supreme Defence Council that

9 used to meet, don't you?

10 A. Well, that's a constitutional institution.

11 Q. What did the function of the Supreme Defence Council after the

12 26th of March of 1999, because we haven't been provided with any documents

13 showing which body did, can you help us?

14 A. Well, apart from those documents, I didn't have an insight into

15 the workings of the Supreme Defence Council. Their acts and orders and

16 decisions didn't reach me.

17 Q. Very well. Thank you.

18 JUDGE ROBINSON: Thank you, Mr. Nice.

19 Mr. Milosevic, any re-examination?

20 THE ACCUSED: [Interpretation] Yes.

21 JUDGE ROBINSON: Exhibits.

22 MR. NICE: Oh, Your Honour, yes. I would ask for the sequence of

23 documents that I presented to be exhibited. All of them bar the last one

24 were acknowledge for what they were by the witness. The last one, the

25 complaint by Djorovic in respect of his working as a prosecutor in May or

Page 37677

1 thereabouts of 1999 was not acknowledged as a document by the witness but

2 I don't think he denied the fact that such complaints were made by

3 Djorovic, so I would ask that the Court to consider as admitting not only

4 earlier documents but that last document as well.

5 [Trial Chamber confers]

6 JUDGE BONOMY: Mr. Nice --

7 THE INTERPRETER: Microphone, please.

8 JUDGE BONOMY: -- our treatment of documents as an issue, and I

9 for my part think it appropriate in the context in which you've now raised

10 the matter to being cautious about -- particularly cautious about how we

11 treat these, and I don't find it satisfactory just to be invited to

12 exhibit these as a bunch of material without some sort of explanation of

13 the evidential value that you see in each of these individually, because I

14 think the responses of the general have varied among the documents.

15 Now, can we take them one by one.

16 MR. NICE: Certainly. I'm sorry to have attempted to deal with

17 things more swiftly than was helpful but there's always the pressure of

18 time.

19 The first one, I think, is the publication of the 12th to 13th of

20 August, 2000, and the Chamber will recognise that the burden of my

21 questioning was to the effect that --

22 JUDGE BONOMY: Let me get the document. Which one was that,

23 sorry?

24 MR. NICE: It's the 12th to the 13th of August 2000 interview

25 of --

Page 37678

1 JUDGE BONOMY: The interview, yes. Okay. Now, what is the

2 evidential value of that document?

3 MR. NICE: The evidential value of this document is that the

4 reality of the general's approach, and indeed the reality of the approach

5 of the authorities he represented, was that an article like this would

6 draw an attempt to prosecute whereas there was no attempt to prosecute for

7 the grave crimes being reported publicly, and that's the general burden of

8 this sequence of exhibits.

9 With that proposition in mind, the sequence of the reply by the

10 army, which is the next one, that's the document that's titled "Mrs.

11 Kandic Launches Grave But Groundless and Premature Accusations," the

12 response by Mrs. Kandic of the 21st of August headed "HLC Executive

13 Director's Letter to Yugoslav Army General Staff," which ends, in fact, on

14 the same document with the response, "The army says it will sue Natasa

15 Kandic" are all to the same theme, and they are the necessary preparatory

16 material for consideration when the Chamber looks, if it would be good

17 enough, to the document of the 26th of December signed by this witness

18 where he initiates or signs in respect of a decision to initiate

19 proceedings against Djorovic.

20 So I would ask that those form a straightforward sequence and I

21 would ask that they all be admitted.


23 MR. NICE: Then we come to -- but I'll stop there before I come to

24 the next document.

25 JUDGE BONOMY: No, I understand and I'm clear now about the

Page 37679

1 purpose for which you seek these, simply to establish the fact that these

2 things were written and the fact of the response thereto.

3 MR. NICE: That's right, yes.

4 JUDGE BONOMY: And is the next letter then the one that's headed

5 "Military Prosecutor's Office in Belgrade"? Is that --

6 MR. NICE: No, the next --

7 JUDGE BONOMY: That still part of the same sequence?

8 MR. NICE: Yes, it is -- no, the next one is a slightly different

9 point. Military Prosecutor's Office in Belgrade is the complaint by

10 Djorovic in respect of this witness that they were summoned in and

11 required to vote for the accused, and this, of course, is a straight

12 question of credit.

13 JUDGE BONOMY: Yes, well the problem with this is that I don't

14 think you asked the witness the question, "Did you actually do this?"

15 MR. NICE: I think Your Honour's right.

16 JUDGE BONOMY: And therefore there's no evidential value if that's

17 the purpose --

18 MR. NICE: With Your Honour's leave, may I ask that question out

19 of time? But that's the value of that one, and it's a credit issue.

20 JUDGE BONOMY: Well, it would depend on there being evidence to

21 support it.

22 MR. NICE: Yes.

23 JUDGE ROBINSON: Yes, you may put the question Mr. Nice.

24 MR. NICE: I'm very much obliged.

25 Q. And General Gojovic, you know this allegation made by Colonel or

Page 37680

1 Lieutenant Colonel Djorovic to the effect that on the morning of the 3rd

2 of October of the year 2000 you summoned people to your office,

3 instructing them as to how they should and when they should vote. You

4 know about that allegation, don't you?

5 A. I know about that allegation, but it was not correct. There was a

6 meeting indeed but it had a completely different agenda. Current matters

7 that was, yes, the second round of elections, and there was a lot of

8 propaganda as to whether people would vote or not vote. So that has

9 nothing to do with anything. It's not that I can issue orders to anyone

10 on that score and it's not that anybody will vote in accordance with these

11 orders. Voting is by secret ballot. The Constitutional Court had to rule

12 on this, and indeed the court did prove that the first round of elections

13 was not right, so then there had to be a run-off --

14 Q. Only one other question -- sorry, Your Honour.

15 You confirm that the elections were discussed in this meeting.

16 A. Not discussed. It wasn't an official meeting about elections.

17 The official meeting was about something completely different, and then

18 after that there were polemics among colleagues, but they are colleagues,

19 co-workers. Whether people are going to vote or aren't going to vote, it

20 was up to each and every individual himself. The official position of the

21 court that was made public was that the first round of elections did not

22 succeed in terms of the law, and that's the way it was. And why there was

23 not a second round is something that you are fully aware of. So this was

24 after the first round of voting.

25 JUDGE BONOMY: General, were you aware that this complaint had

Page 37681

1 been made?

2 THE WITNESS: [Interpretation] I first familiarised myself with

3 this complaint when that group of lawyers manipulated it in their

4 proceedings. So that is when I learned about it, after quite awhile.

5 They referred to that complaint of his, and where it came from was

6 something I had no idea about.

7 MR. NICE: I don't seek leave to ask any more questions.

8 JUDGE BONOMY: So I have one other document here --

9 MR. NICE: The last document is the one that I specifically set

10 aside from the other series of documents when I made my comprehensive

11 invitation to admit documents, and I set it aside because the witness did

12 not acknowledge the existence of this complaint in this form. I think he

13 did --

14 JUDGE BONOMY: This is the one headed Criminal Report.

15 MR. NICE: That's right, yes. And this is a long document which

16 deals with the Lieutenant Colonel Djorovic's view of events that happened

17 in May of 1999.

18 JUDGE BONOMY: You're not asking for that to be exhibited.

19 MR. NICE: I invited Your Honours to consider admitting it, but

20 recognising that the witness hadn't acknowledged it as a complaint but

21 had, I think, in the course of his testimony acknowledged that complaints

22 of this kind were made by Djorovic, although he gave a different reason,

23 if you'll remember, for Djorovic being sent back from Kosovo, saying it

24 had to do with a fight and didn't have to do with these complaints.

25 JUDGE BONOMY: And did you ask to exhibit the summary of --

Page 37682












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Page 37683

1 MR. NICE: Your Honour, that's an aide-memoire for the Court. Of

2 course it can be, if it's helpful, but I --

3 JUDGE KWON: How about activity reports of MPF, of UNMIK?

4 MR. NICE: I ask for the --

5 JUDGE KWON: Microphone.

6 THE INTERPRETER: Microphone for Mr. Nice, please.

7 MR. NICE: The grounds for that are more difficult in the sense

8 that they don't fall within any of our particularly recognised categories

9 at the present. The position this, however: The witness comes to court

10 and asserts that there is a legitimate or there has been, not a

11 legitimate, a proper inquiry into the Izbica crime scene. It emerges, and

12 it's emerged, of course, substantially since the close of the Kosovo

13 evidence in this case, that there is material going to show that bodies

14 from Izbica were hidden in Serbia. That would appear to be inconsistent

15 with there being a properly conducted judicial investigation into the

16 Izbica crime scene, and therefore I would ask that that material be

17 admitted at this stage. There may, of course, be the opportunity to admit

18 more evidence later, but to be admitted at this stage as some material

19 going to counter the suggestion that this was a proper investigative

20 process supervised to the extent that it was supervised by this witness.

21 In this way, the argument's pretty much the same as the arguments we've

22 been having over the recent weeks and months - not arguments, discussions

23 - about the scope for admitting new material at the hand of the

24 Prosecution in the course of the Defence case. We weren't to know until

25 the witness came and gave evidence and gave his interpretation of document

Page 37684

1 tab 18 what he would be saying, and it's in answer to that that this

2 material will be of value to you. But it -- so it's consistent with

3 earlier applications, perhaps slightly different.

4 I think, incidentally, the position is, although I haven't yet

5 found chapter and verse, that it has been indicated to the Chamber at an

6 earlier stage that it might be necessary for us to seek to add evidence

7 about exhumations in general and perhaps exhumations in Batajnica or

8 Petrovo Selo in particular because the information was only coming

9 available as the trial was progressing.

10 JUDGE ROBINSON: For that another time, Mr. Nice.

11 MR. NICE: Yes.

12 [Trial Chamber confers]


14 MR. KAY: If Your Honours wanted to tell us first of all what was

15 being ruled out and then that cuts things down, in my experience.

16 JUDGE ROBINSON: Yes. Well, I think the two that are --

17 MR. KAY: The Activity Report.

18 JUDGE ROBINSON: Activity.

19 MR. KAY: And the Criminal Report.

20 JUDGE ROBINSON: And the Criminal Report.

21 MR. KAY: I don't disagree, then, with the findings of the Court,

22 then, if the others are ruled in.

23 JUDGE KWON: We would like to hear about the Activity Report from

24 you.

25 MR. KAY: The Activity Report, well, again, we've had evidence

Page 37685

1 during the Prosecution case about the bodies being found in Serbia.

2 That's already featured in evidence. This adds absolutely nothing.

3 There's no reason for this to be made an exhibit at all. It has nothing

4 to do with this witness. It's just another report from somewhere that

5 comes into the case, it doesn't take any issue any further, and then is

6 just left as an exhibit, almost hanging in the air, of no relevance to

7 this witness when we've heard evidence already that in fact greatly

8 amplifies in far greater detail in the Prosecution case the paragraph that

9 we're looking at within this report. So in my submission, it simply

10 doesn't take matters further. It's something that was described as

11 ammunition for cross-examination, I remember Judge May saying at one stage

12 of the proceedings. Ammunition for cross-examination and no more.

13 JUDGE KWON: The other side of the coin would be that there would

14 be no harm in admitting this one. Therefore, there's already evidence.

15 MR. KAY: There is harm because there is the amount of material we

16 have to deal with. We don't know whether we have to file a response to it

17 in a closing brief, how we have to deal with it, and it multiplies the

18 material unnecessarily.

19 JUDGE BONOMY: It seems to me there's a point of principle

20 involved here, because while this particular one might be harmless - may

21 be, I say no more than that - if the principle is that the Prosecution can

22 present freestanding material in the course of cross-examination, then we

23 could come against, at a later stage, some very significant piece of

24 material that we would have exactly the same point to decide about, and

25 that's what concerns me. While this particular one may be of no great

Page 37686

1 significance, I'm more concerned about the principle.

2 MR. KAY: Exactly. That's our position on it --

3 THE INTERPRETER: Microphone for Mr. Kay, please.

4 MR. KAY: Exactly. That's our position on it. These things build

5 up. You then have to find them. You have to -- and they're not actually

6 hung onto anything within the proceedings themselves but they're lying

7 there, perhaps as a dormant bomb that could have some significance that

8 hasn't been dealt with at the time.

9 In relation to the criminal report, he didn't know anything about

10 it, and in our submission it doesn't take anything any further. It

11 doesn't come into these proceedings in any way. It has no real relevance

12 to the issues that we're dealing with.

13 JUDGE ROBINSON: Thank you, Mr. Kay.

14 Mr. Milosevic, just on these two, the two documents, the Activity

15 Report and the Criminal Report.

16 THE ACCUSED: [Interpretation] I do not understand that you were

17 talking about the UNMIK Activity Report. You were talking about the

18 Activity Report of the MPF, weren't you, or perhaps I misunderstood it.

19 JUDGE ROBINSON: Yes. It's the Activity Report --

20 [Trial Chamber confers]

21 JUDGE ROBINSON: Mr. Milosevic, you may comment on the other

22 documents as well.

23 THE ACCUSED: [Interpretation] Yes. Thank you. May I start now or

24 are you taking the break now? I'm looking at the clock.

25 JUDGE ROBINSON: Yes. Let's hear you on this and then we'll take

Page 37687

1 a break. I don't imagine you'll be very long.

2 THE ACCUSED: [Interpretation] You mean the cross-examination?

3 JUDGE ROBINSON: Okay. You don't have anything to say on the

4 documents?

5 THE ACCUSED: [Interpretation] No. In relation to this, I just

6 asked you whether you were talking about the MPF document or the UNMIK

7 document. That's what I asked you. That's the clarification I sought.

8 MR. NICE: May I reply in two sentences? With Your Honours'

9 leave, may I reply in two sentences? As to the UNMIK document so

10 described, it is, I think, new material because thus far I don't think

11 there was a connection between Izbica and the burial sites in Serbia.

12 There's a connection between Meja and Batajnica and so on, so it's new on

13 that. On the other point, it is material that is significant because of

14 course if it be the case that somebody was thwarted from doing his

15 conscientious task as a military prosecutor, then that would be important

16 in relation to this witness's evidence. So it is potentially significant.

17 That doesn't determine the question of its admission, but I don't accept

18 that it's not potentially important.

19 JUDGE ROBINSON: Yes, Mr. Milosevic.

20 THE ACCUSED: [Interpretation] Very well. In relation to this

21 material that, as Mr. Nice just said, linked up some graves in Serbia to

22 the victims, the dead from Izbica, Mr. Bonomy commented and said that this

23 is not harmful to the Defence or, rather, that it did not harm the Defence

24 in any way. I would like to add something to that. It's helpful to the

25 Defence, as a matter of fact, because I wish to draw your attention to the

Page 37688

1 following: This witness, in the documents that you saw, he provided

2 documents and testified that on the 29th of May, our organs - that was

3 1999 - discovered corpses in Izbica. As a matter of fact, an exhumation

4 was carried out of 101 corpses and also a forensic analysis and so on.

5 And now indeed a question is raised in the minds of all who are listening

6 to this, watching this, and particularly in your minds, gentlemen, when

7 there is a case dating back to the 25th of May, when an exhumation was

8 carried out, a forensic analysis, et cetera, what would be in somebody's

9 interest, to take these bodies somewhere to Serbia and to hide them?

10 These bodies have to do with criminal proceedings that started during the

11 war, as far back as that. That is something that is incomprehensible to

12 any person who is sensible and reasonable. Then we will finally get to

13 the background involved, how and where and when these bodies were buried

14 in Serbia. But this link indubitably shows that there was an active

15 criminal case as from May 1999. The bodies had even been exhumed then.

16 Why and who did this? That would have to be established in order to

17 explain things. So I'm not opposing admitting this into evidence at all.

18 As for the Criminal Report, I don't know what you exactly mean,

19 because Mr. Nice kept using the same expressions. He said in a very

20 meaningful manner what Lieutenant Colonel Djorovic thought of what was

21 being done. I think that this needs to be admitted in order to show that

22 Mr. Nice is mystifying things.

23 Lieutenant Colonel Djorovic, in this Criminal Report, does not

24 raise the question of concealing any document whatsoever in relation to

25 the crimes that are being prosecuted, in terms of war crimes, violations

Page 37689

1 of humanitarian law, et cetera. This entire Criminal Report of several

2 pages has to do with thefts only, 17 cases, and it's obvious that all of

3 them were returned by the end of May.

4 This was some kind of manipulation, if that's the right word. It

5 all boils down to robbery, theft.

6 Mr. Nice held it against General Gojovic that in statistics there

7 are many crimes of theft, robbery, et cetera. Well, they're there because

8 they are crimes, and as a rule they are the most numerous ones.

9 If you read this Criminal Report, I don't think you've read it in

10 the meantime, but read it and you will see that each and every letter in

11 this document has to do with the make of a particular car, chassis number,

12 and so on and so forth. It has to do with cassette players, TV sets, and

13 so on and so forth. Robbery, theft only, not hiding documents that would

14 indicate theft of -- I mean, not concealing documents that would have to

15 do with any serious violations of humanitarian law or killings, rapes,

16 attempted murders, and so on. So this Criminal Report is something that

17 you can look at and you will see that he did not even refer to any

18 documents that had to do with violations of humanitarian law.

19 JUDGE ROBINSON: Mr. Milosevic, you actually see this document as

20 being of assistance to you?

21 THE ACCUSED: [Interpretation] It is useless, worthless. I

22 commented upon this because Mr. Nice was mystifying matters. He was

23 saying that somebody was concealing something and then this honest

24 lieutenant colonel comes in and indicates that there was a lack of

25 prosecution of such crimes. And that is simply incorrect. It only has to

Page 37690

1 do with theft. Of course that is a crime, too, but that is far away from

2 all the things that we are discussing here. Whether somebody stole a

3 vehicle is something that local courts of law should deal with. It has

4 nothing to do with the matters at hand here.

5 JUDGE ROBINSON: Thank you, Mr. Milosevic.

6 At the end of the break, we'll give our ruling which will

7 demystify matters. We will take the break now.

8 --- Recess taken at 12.23 p.m.

9 --- On resuming at 12.45 p.m.

10 JUDGE ROBINSON: We will admit all of the documents put forward by

11 the Prosecutor. In doing so, we would in particular note the agreement of

12 the accused with the admission of the last two, the Activity Report and

13 the Criminal Report.

14 MR. NICE: Your Honours, I'm much obliged and I also apologise for

15 having attempted to take things too swiftly. It's one of the problems

16 with living under the pressure of watching the clock.

17 JUDGE ROBINSON: If you get through it, Mr. Nice, so much the

18 better. The numbers.

19 THE REGISTRAR: 840 will be for the Activity Report 2000 20004.

20 The interview with Danas will be 841.

21 The next, Kandic Lunches Grave But Groundless and Premature

22 Allegations will be 842.

23 843 for the document dated 21st of August, 2000.

24 844 for the decision dated 26th of September, 2000.

25 845 for the Military Prosecutor's Office dated 7th of November,

Page 37691

1 2000.

2 846, the Criminal Report.

3 And 847 for the summary of Prosecution requests.

4 JUDGE ROBINSON: Thank you.

5 THE REGISTRAR: Thank you, Your Honour.

6 JUDGE ROBINSON: Mr. Milosevic, re-examination.

7 THE INTERPRETER: Microphone, please.

8 THE ACCUSED: [Interpretation] Thank you, Mr. Robinson.

9 Re-examined by Mr. Milosevic:

10 Q. [Interpretation] General Gojovic, Mr. Nice this morning at the

11 beginning of our session asked you a number of questions with respect to

12 the Viktor Bubanj barracks in Sarajevo. I am bearing in mind the fact

13 that last week, when speaking of the matter, said the court was in the

14 Viktor Bubanj barracks, the investigating prison, the detention centre,

15 military -- police -- military police company and some other

16 organisations. So they were all housed on the premises of the barracks.

17 And it was noted that 120 people was how much the military police company

18 numbered which provided security for the prison and the court. From the

19 military aspect, could the Viktor Bubanj Barracks be considered a location

20 of a combat unit in any way?

21 A. No. It was an institution. It was where the unit was

22 accommodated and that's why the place was called the Viktor Bubanj

23 Barracks, but otherwise they were all military institutions that were

24 housed there. The court, the prosecutor's office, the land surveyance

25 office, and that part was empty.

Page 37692

1 Q. Very well. We cleared that matter up. Mr. Nice said that if an

2 effective prosecutors and military system existed, which means he claims

3 one didn't exist, and I took a note of this, he also said that there was

4 no attempt made to prosecute serious crimes. I made a note of him saying

5 that.

6 Now, in that connection, I would like to refer you back first of

7 all to tab 14. And tab 14, on page 1, provides a list of convictions and

8 on page 2 a list of accused.

9 Now, General Gojovic, I'm not going to look at the other columns,

10 just crimes against life and limb, that particular column, and in the

11 second list, and we'll go back to list one, 55 individuals were accused of

12 crimes against life and limb. Is that what it says here, the total figure

13 in this document?

14 A. Yes. And that the date there is as of the 15th of May, 1999.

15 Q. Very well. Now, 55 persons were accused of these crimes as of the

16 15th of May, 1992, for crimes against life and limb alone, which means

17 that in the first 50 days -- that was within the first 50 days of the NATO

18 aggression; right?

19 A. Yes.

20 Q. Now, do you know that in Kosovo, there was bombing round the

21 clock, 24 hours every day?

22 A. Yes, I know about that. Not only Kosovo but throughout the

23 Federal Republic of Yugoslavia.

24 Q. Yes, but especially in Kosovo?

25 A. Yes, especially in Kosovo. That was the photo point.

Page 37693

1 Q. And do you know that 16.000 tonnes of bombs fell on Kosovo?

2 A. I know that there were facts and figures to that effect. There

3 were enormous quantities. I'm not sure of the exact figure.

4 Q. Last week you said that the units and institutions and courts and

5 the prosecutors' offices would relocate, move their locations to avoid the

6 bombing very frequently; is that right?

7 A. Yes.

8 Q. So under those conditions nonetheless of round the clock bombing

9 during the war just up until the 15th of May, 55 persons were accused of

10 crimes against life and limb, and as we can see in the first table, 6 plus

11 2 gives us 8, 8 were convicted per category of person and type of crime

12 for crimes against life and limb. Six plus 2 persons convicted.

13 A. Yes.

14 JUDGE ROBINSON: General. General, do you have any information as

15 to the circumstances in which these crimes would have been committed?

16 It's fairly general here, "crimes against life and limb." What types of

17 crimes are these?

18 THE WITNESS: [Interpretation] They are crimes against life and

19 limb, as it says; wherever human life came into question, killings, et

20 cetera. And these were mostly killings. And tab 18 gives you a review up

21 until the 20th of June, 1999. 188 were convicted and 382 court

22 proceedings were taken for this particular category of crime against life

23 and limb against the civilian population, multiple killings, attempts at

24 killings and so on.

25 MR. MILOSEVIC: [Interpretation]

Page 37694

1 Q. Very well, General. Now, in view of the circumstances that the

2 military judiciary organs, law enforcement organs, the police function,

3 the commands and other institutions during the bombing, do you as a

4 professional judge, prosecutor, and chief the legal department in the

5 General Staff think and assess that this is a high degree of efficiency

6 or --

7 JUDGE ROBINSON: No, no, no, Mr. Milosevic. It's very tendentious

8 and leading. "Do you think it's a high degree?" He will say yes.

9 THE ACCUSED: [Interpretation] Very well. No, I hadn't completed

10 my question. What I wanted to ask him is this:

11 MR. MILOSEVIC: [Interpretation]

12 Q. Is it a high level of efficiency, average, or low level of

13 efficiency? How would you in view of your professional experience

14 categorise this?

15 THE WITNESS: [Interpretation] May I be allowed to answer?


17 THE WITNESS: [Interpretation] Well, if we bear in mind the fact

18 that 2.811 persons were convicted in two months, the first verdict came in

19 around the 1st of April, 1991, and over 6.000 were accused, 6.000 accused,

20 and in the first instance 2.811 convictions were passed means a high

21 degree, without doubt.

22 Now, in that figure, we could not have included all the serious

23 crimes which required complex investigation and proof, but if you look at

24 the figure itself, it speaks for itself, self-evident. And no court even

25 in peacetime can achieve such a high level of efficiency in practice. And

Page 37695












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Page 37696

1 I have been following the practice and efficiency of courts for a very

2 long time now, since 1971.

3 JUDGE ROBINSON: General, could you just ...

4 [Trial Chamber confers]

5 JUDGE ROBINSON: General, just clarify: These are all crimes

6 committed by soldiers, military offences?

7 THE WITNESS: [Interpretation] The crimes I'm talking about, yes,

8 just members of the army of Yugoslavia.

9 JUDGE ROBINSON: Thank you. Yes, Mr. Milosevic.

10 THE ACCUSED: [Interpretation] Thank you, Mr. Robinson.

11 MR. MILOSEVIC: [Interpretation]

12 Q. As we were saying, in no respect were these crimes, the crimes

13 that the military judiciary worked on, incorporated crimes which the

14 civilian judiciary had under their jurisdiction?

15 A. No.

16 Q. Very well. Now take a look at tab 18, please. It is page 4 in

17 the English version and 2 in the B/C/S. So B/C/S 2 is English 4. And

18 there you have war crimes against the civilian population, against

19 civilians. I'm just going to dwell on that for a short time because

20 Mr. Nice last week asked a question relating to that from which it emerged

21 that it was soldiers that were taken out of prison and then engaged in

22 shooting, and he said he would go back to that but he didn't in fact to

23 it, so I have to do that now.

24 What it says here is this -- I haven't got the English translation

25 but I suppose it's the same in English. The accused's names are given,

Page 37697

1 and then it says: "With premeditation killed 5 unidentified Albanians

2 whom they had previously taken prisoner and detained during an operation

3 by their unit. Having taken them out of custody, they put them against

4 the wall of a house, opened fire on them with automatic rifles, and killed

5 them all. They threw them into a well into which they poured petrol and

6 then set it on fire."

7 Now, is it clear from that that these individuals or, rather, the

8 individuals who were killed were taken out of detention? It wasn't the

9 soldiers that were taken out of detention and committed a crime, it was

10 these individuals who were taken out of detention.

11 A. Yes, that's precisely what it was.

12 Q. Very well. Thank you. Now, from page 2 onwards and up to page

13 19, where serious instances of theft, looting -- on page 17 armed robbery,

14 for example, including killing, that is why they are grievous crimes

15 because armed robbery with killing took place. So over those 17 pages we

16 have the names and surnames of the perpetrators who were known to have

17 committed the crime, and they include 25 individuals.

18 A. Yes. And that is shown at the beginning, the summary review. The

19 total number is given there.

20 Q. When you count them, all the names and surnames, this gives us 25

21 in total. Now, in the column to initiate proceedings, which means once

22 the information has been collected and ruling to initiate proceedings goes

23 through, can we see when the proceedings were initiated? It is page 4 of

24 the English version. It gives us the date, the 4th of August, then the

25 10th of June, all in 1999. The 2nd -- the 22nd of May is the next date.

Page 37698

1 Then we have the 4th of June, 1999, and the 21st of May, 17th of May, 15th

2 of June, 25th of April, and May 1999. Then once again we take it from the

3 26th of May, the 11th of May, the 4th of May, the 9th of May, and so on

4 and so forth, ruling to initiate proceedings on those dates. All the most

5 serious crimes were initiated during the situation of war, state of war.

6 A. Yes, that's precisely it. And I said that this column entitled

7 ruling to initiate proceedings is a ruling brought by the investigating

8 judge. The military prosecutor before that already had information,

9 gathered the information, checked it out and then sent in a request for an

10 investigation to be launched to the court. Once a court order was made to

11 initiate proceedings, then according to our law, we have the ruling to

12 initiate proceedings. That's when the proceedings were initiated.

13 Everything is the pre-trial stage, done by the investigating organs. So

14 the prosecutor learnt about this far earlier than the dates recorded here,

15 but these are the first dates recorded so that we know exactly when

16 proceedings were initiated. And all these cases came to trial on these

17 dates during the NATO aggression.

18 Q. Very well, General. Let's just clear one more thing up. A moment

19 ago in giving your explanations to a question asked you by Mr. Nice, you

20 said something about crimes here, and you said that some of the crimes

21 were processed or, rather, they were qualified to begin with as killing --

22 multiple killings, and then the indictment was changed to a charge of war

23 crimes. Could you clear one matter up, please: Did the prosecutors, when

24 qualifying the crime and bringing in an indictment, did they opt for a

25 more serious qualification or a less serious one?

Page 37699

1 A. I've already explained that. Wherever there was not sufficient

2 information, proof, and evidence, where there was an order from a superior

3 officer that killings should be perpetrated, always sought the more

4 serious qualification of killings of two or more people, multiple

5 killings. And according to republican law, this provided for the death

6 sentence, and the lowest sentence was ten years' imprisonment.

7 Q. Very well. So I just wanted to clear that point up. Now, let me

8 summarise: If he starts off with a more serious qualification, then the

9 prosecutor can commute this to an easier, to a lighter sentence?

10 A. Yes.

11 Q. If he starts off with a lighter qualification, can he commute it

12 to a more serious one, a graver one?

13 A. He cannot do this during the proceedings, requalify it and change

14 the charge, so that's the way they worked to give them more manoeuvering

15 space.

16 Q. Thank you. Now, according to our laws, multiple killing, is that

17 a more serious qualification, because it invokes the death sentence, than

18 a war crime?

19 A. Far more serious. Not only does it invoke the death sentence but

20 the minimum prison term is 10 years.

21 Q. You mean for multiple killings?

22 A. Yes, that's right.

23 Q. So something starts out with multiple killing and then ends with

24 this lighter qualification of war crime, is that it? Is that the process

25 and that's what you tried to explain to us in your response to Mr. Nice's

Page 37700

1 question?

2 A. Yes, of course, that's right.

3 Q. Thank you. General, in view of the fact that we are discussing

4 the question of whether all these crimes were prosecuted, whether they

5 were uncovered, the perpetrators brought to justice, et cetera, you've

6 already explained that to us. But may we -- would you give me a specific

7 answer to my question now. Was there a single case of a crime having been

8 committed for which the organs of Yugoslavia -- when I say "organs of

9 Yugoslavia" I mean from the topmost to the lowest organs of the judiciary,

10 the law enforcement organs or whichever other organs in that context --

11 was there a single case of a crime for which the organs knew about but

12 didn't prosecute?

13 A. I have never heard of a case like that. All the crimes that were

14 known to have been committed were prosecuted by the prosecutor.

15 Q. Thank you. Now, Mr. Nice dwelt in particular on one point and I'd

16 like to ask you to give us an explanation. He dwelt on tab 17 for some

17 time, page 43, in fact, in the B/C/S, in the Serbian version, and I think

18 he said that it was page 56 in the English version. And under number 7 --

19 A. Would you repeat the page number, please.

20 Q. 43 in Serbian, 56 in English of tab 17. Yes, that's right. And

21 he pointed that page out to you and drew your attention to the fact that

22 it was page 56 in the English version.

23 Now, under number 7 we have here proceedings against a lieutenant

24 colonel and four soldiers, privates. And then he asked you to explain or

25 clarify -- or, rather, he suggested that it was the lower ranks that were

Page 37701

1 prosecuted but not the higher ranks. Now, looking at this example that

2 the proceedings were interrupted with respect to the lieutenant colonel,

3 these legal proceedings with respect to the lieutenant colonel, were they

4 stopped because he was a lieutenant colonel or was there any legal reasons

5 for the proceedings to be interrupted with respect to that individual?

6 A. No, it wasn't because he was a lieutenant colonel. Quite the

7 contrary. As far as I can see from this, he was a security officer and as

8 these were individuals who were detained, he investigated the reasons for

9 that, and then the soldiers who are listed here took these people out of

10 detention without his knowledge and permission and put them up against a

11 wall and shot them. So that is why proceedings were brought against the

12 lieutenant colonel and these individuals, but it was established that they

13 did this on their -- of their own accord without instructions or orders

14 from the lieutenant colonel. That is why the case was stopped. There was

15 no reason to prosecute the lieutenant colonel. And these privates went on

16 to commit other cases. This came group of men, under B, were responsible

17 for the second crime, too. So that makes a total of seven.

18 Q. So you said that the proceedings -- the lieutenant colonel was

19 prosecuted to begin with because he was the senior officer, but the legal

20 proceedings were stopped because it was established that he never knew

21 that they had -- they were not following his orders, and they did not take

22 these people out of detention, shoot them, following his orders, that he

23 had no knowledge of that?

24 A. Right.

25 Q. Thank you. You saw a clip that was played here by Mr. Nice. Many

Page 37702

1 civilians could be seen. I don't know whether you noticed that the

2 recording starts with a commentary and an image. It is the border of

3 Yugoslavia. You can see the Yugoslav flag there, and I assume that the

4 Serbian flag is there, too, but they went over that very quickly. And

5 then the reporter says, "Under the symbols of Serbian nationalism, the

6 authorities are expelling the Albanians."

7 A state flag that is at a border crossing, can that be considered

8 a symbol of Serbian nationalism under which Albanians are being expelled?

9 A. It's only natural that everybody knows that, but this reporter

10 sounded like a sports commentator covering a football game. He really got

11 carried away.

12 Q. Isn't it quite clear that this is propaganda, that this is

13 propaganda information that is given tendentiously?

14 JUDGE ROBINSON: I'm not allowing that, Mr. Milosevic. Ask

15 another question.

16 THE ACCUSED: [Interpretation] All right.

17 MR. MILOSEVIC: [Interpretation]

18 Q. Further on, he says, "The Serb forces are moving from the

19 outskirts of Kosovo towards Pristina," as if the army of Yugoslavia is

20 taking Kosovo, conquering Kosovo. Do you know that the units of the army

21 of Yugoslavia then and before that and for years before that were in

22 Pristina itself, which is to say that it is not some kind of a movement

23 from the outskirts towards Pristina; this is an integral territory where

24 the army was. The army was throughout the territory. Are you aware of

25 that?

Page 37703

1 A. I know that in Kosovo and Metohija, there were several military

2 garrisons where there were military units, even in peacetime let alone in

3 wartime. So that statement in itself by the reporter disqualifies his own

4 conduct, as if Kosovo were a separate state entity of another state and

5 that these military forces were now invading it. So he is saying

6 something that is quite contrary to the truth.

7 Q. Mr. Nice suggests that what was planned was some kind of ethnic

8 cleansing. General, do you know -- or, rather, he mentioned reports in

9 the world public about the expulsion of Albanians. Do you know, General,

10 that this story about ethnic cleansing was invented in order to justify an

11 illegal aggression?

12 JUDGE ROBINSON: Mr. Milosevic, if you continue like that, I'll

13 terminate the re-examination.

14 THE ACCUSED: [Interpretation] All right, Mr. Robinson.

15 MR. MILOSEVIC: [Interpretation]

16 Q. You gave explanations about the establishment of war courts in

17 accordance with the law. General, military courts have existed

18 throughout; for as long as there's been a state; for many years.

19 A. One hundred sixty years without any interruption. That

20 anniversary was commemorated last year, of the military judiciary, that

21 is.

22 Q. All right. Isn't it quite clear in the law that if a state of law

23 is declared, by virtue of that fact military courts are turned into war

24 courts?

25 A. That is an imperative legal provision that war courts are

Page 37704

1 established in a state of war once a state of war is declared. The war

2 military establishment is developed in this way.

3 Q. This wartime military establishment, how much bigger was it than

4 the peacetime establishment? What were the numbers involved when you

5 compare the two?

6 A. According to wartime establishment, there were 20 first instance

7 courts and four second instance courts whereas in peacetime there were

8 only three courts, one -- two first instance courts and a third court of

9 appeals, a second instance court. And hence there are appropriate

10 prosecution offices with a total of over 60 people, and this way there

11 were 155 judges and -- judges.

12 Q. Not going into all the persons mentioned in tabs 17 and 18,

13 Mr. Nice asked you about one or two cases. I'm not sure about that. I

14 think it was two cases. Who started the proceedings, whose initiative it

15 was and so on.

16 In response to the question put by me as to whether these

17 documents were accessible to the public, you said yes last week; right?

18 A. Yes.

19 Q. I assume that all the relevant facts are included there in all

20 these individual cases, and can it be established who started the

21 proceedings and how this was dealt with?

22 A. This exists in every case file.

23 Q. As for all the persons mentioned here, are there case files with

24 the judiciary institutions in charge in Serbia?

25 A. Yes. They were all dealt with by military courts, especially the

Page 37705

1 military court in Nis, and now they were handed over to the district court

2 in Nis because towards the end of last year, military courts ceased to

3 exist.

4 Q. Mr. Nice put a question to you that had to do with cooperation

5 with UNMIK. Before I ask you about this cooperation in greater detail, I

6 have a few preliminary questions.

7 General, do you know how many Serbs, Montenegrins, and

8 non-Albanians in general were expelled from Kosovo and Metohija from the

9 moment when the UN took over in Kosovo?

10 A. Practically the entire population. A very small number remained.

11 I cannot give you the exact number, but most of these people were expelled

12 before the very eyes of the representatives of the UN.

13 Q. And do you know how many Serbs and non-Albanians, including even

14 some Albanians, were killed under the authority of UNMIK?

15 A. There were many who were killed and kidnapped; over a thousand.

16 Q. Do you know how many monasteries and churches were destroyed

17 during UNMIK authority?

18 A. The number is a very high one, going up to 180. I don't know the

19 exact figure, but this has to do with major historic landmarks.

20 Q. Do you know how many tens of thousands of homes and properties of

21 Serb families were destroyed under UNMIK authority?

22 A. A great many. Over 80 per cent.

23 MR. NICE: [Previous translation continues] ... what the witness

24 is answering to and what the question really means, speaking about UNMIK

25 and saying under their authority. I'm not sure that the matter really

Page 37706

1 arises for re-examination but if he wants to ask it, he can, but at least

2 we ought to know if it's being said that UNMIK in some way authorised

3 these things. I'm not sure what's being suggested and what the witness

4 thinks he's answering to.

5 JUDGE ROBINSON: Mr. Milosevic, it's not -- it's not very clear

6 that this does arise out of cross-examination, but in any event, we need

7 to have this clarified, the question "Do you know how many monasteries and

8 churches were destroyed during UNMIK authority," which would appear to

9 suggest that the destruction of the monasteries occurred somehow with the

10 connivance or the support of UNMIK. Is that what you're saying?

11 THE ACCUSED: [Interpretation] Well, Mr. Robinson, there is no

12 doubt that with 10.000 policemen we kept law and order in Kosovo, and the

13 UN cannot prevent this many crimes with 40.000 soldiers. One cannot talk

14 about any kind of active role on their part in protecting the population.

15 Under the contrary: Under their auspices, the greatest crimes happened.

16 300.000 persons were expelled. Churches and monasteries were --

17 JUDGE ROBINSON: But you would have no evidence, would you, to say

18 that UNMIK supported or promoted the destruction of these monasteries.

19 THE ACCUSED: [Interpretation] Mr. Robinson, there are even

20 videotapes that show soldiers of the forces in Kosovo now just standing

21 there while the churches and monasteries are in flames.

22 JUDGE ROBINSON: I'm not allowing any more questions on these

23 preliminary matters. Move to the main subject area.

24 THE ACCUSED: [Interpretation] All right. All right.

25 MR. MILOSEVIC: [Interpretation]

Page 37707

1 Q. Is that the same UNMIK that you addressed and that you said did

2 not give any response to requests made by the military judiciary organs in

3 order to get legal assistance?

4 A. I know that the prosecutor and the court addressed the judiciary

5 organs in Kosovo under UNMIK auspices in order to get assistance and that

6 their requests were not met.

7 Q. All right. I mentioned all the crimes that were committed, and

8 that's a well known fact. Do you know how many perpetrators in Kosovo

9 were convicted of the crimes that I mentioned to you just now, or at least

10 arrested on account of those crimes?

11 A. I'm not aware of any such information, how many people were

12 arrested, how many people were convicted. I don't know about that.

13 Q. Do you know that the authorities of Serbia or, rather, the organs

14 of Serbia sought cooperation in terms of crimes committed by very

15 precisely defined individuals, like Agim Ceku, Hashim Thaci and others?

16 Was there any cooperation there with UNMIK?

17 A. The very fact that Ceku was arrested at an airport in Hungary, I

18 believe, speaks in itself, but he was released due to UNMIK intervention,

19 although there are proceedings instituted against him in a court of law in

20 Serbia.

21 Q. Tell me, what kind of assistance did you seek from UNMIK, the one

22 that was not given to you?

23 A. It has to do with a few crimes, including rape, and it also has to

24 do with the victim in that case, that she be brought to the court of law

25 where her safety would be guaranteed. However, this was not done. She

Page 37708












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Page 37709

1 needed to be heard by the court directly. However, that did not happen.

2 As far as I know.

3 Q. General Gojovic, Izbica was mentioned here. Tell us what you know

4 about Izbica. What was done in relation to Izbica?

5 A. I have already --

6 JUDGE ROBINSON: I am not allowing you to re-examine that. Izbica

7 was mentioned. If you have a specific question arising out of something

8 that was asked in cross-examination about Izbica, then you may re-examine

9 on it, but not just, "Tell us what you know about Izbica." If you don't

10 have a specific question relating to something that arose in

11 cross-examination about Izbica, then move on to another matter. You are

12 spending too much time in re-examination, Mr. Milosevic.

13 THE ACCUSED: [Interpretation] Very well. Very well, Mr. Robinson.

14 MR. MILOSEVIC: [Interpretation]

15 Q. General, Mr. Nice linked the bodies from Izbica to the graves in

16 Serbia. I hope that it's clear in whose interest this could have been,

17 whether this could have been the interest of the state --

18 JUDGE ROBINSON: Mr. Milosevic, I've cut you off. You are

19 evidencing a reckless disregard for the rules, and if you continue like

20 this, we will terminate the re-examination and you call your next witness.

21 You're moving in that direction.

22 MR. MILOSEVIC: [Interpretation]

23 Q. General, what was the number of corpses that our authorities found

24 in Izbica?

25 A. One hundred forty-four freshly dug graves. 101 bodies were

Page 37710

1 exhumed. There are files about all of this. One hundred forty-four

2 graves were found. How this happened, how come these corpses happened to

3 be in the grave in Batajnica is a different question altogether, and it

4 requires new explanations.

5 Q. Have you read the Kosovo indictment?

6 A. Yes.

7 Q. What is the number referred to there as far as Izbica's concerned?

8 A. A few numbers are mentioned there, but the final figure is 118

9 plus 2, so 120.

10 Q. All right. Does that mean that our authorities established as far

11 back as May 1999 the proceedings started on the 29th of May, 1999, that

12 they uncovered even more bodies?

13 A. Yes, 144.

14 Q. Thank you. General, I'm not going to ask you about Izbica any

15 longer.

16 Mr. Nice, in his cross-examination - this does not have to do with

17 you personally although he was dealing with you personally - he put a

18 question to you in relation to your master's degree, that in order to be

19 promoted to the rank of general, a master's degree is required. What are

20 the regulations in Yugoslavia in order to have somebody appointed to the

21 rank of general? It can only be a colonel who can become a general. Does

22 such a person have to have a master 's degree?

23 A. In order to be promoted to the rank of general, as far as the

24 legal services are concerned, a doctorate is required. That is in

25 peacetime. However, during a state of war, other regulations are applied,

Page 37711

1 and there is a particular article in the law of the army of Yugoslavia

2 that spells this out. In that case it is necessary to man all the

3 required units and therefore a person has to manifest successful command

4 and war merits. That is the requirement.

5 Q. That is as far as legal services are concerned?

6 A. Yes.

7 Q. And what about generals who are not in the legal services? For

8 regular generals, do you need to have a master's degree?

9 A. No. They need to have different kind of military schools

10 completed, not like the ones in civilian life.

11 JUDGE ROBINSON: I was going to say don't worry about that.

12 Nothing turns on that.

13 THE ACCUSED: [Interpretation] All right.

14 MR. MILOSEVIC: [Interpretation]

15 Q. I'm just going to spend a minute on this text that you got. This

16 is the text that Mr. Nice said he did not have in Serbian but only in

17 English. "[In English] Summary of Prosecution requests for assistance

18 concerning records of investigations and prosecutions of members of the

19 VJ..."

20 [Interpretation] I'm just going to read one part where you are

21 mentioned by name. This was the meeting held on the 4th of December,

22 2002, and then it says -- [Previous translation continues] I think that

23 refers to the army centre, does it?

24 A. I didn't understand what you mean.

25 Q. When it says "Meeting at 'VJ house,'" the VJ house is in fact the

Page 37712

1 army centre; right?

2 A. Yes, one was in the army centre and one was in the Ministry for

3 External Affairs.

4 Q. Right, but this was at the VJ house or army centre, and this

5 is what it says -- among other things, you were present, and you say, or,

6 rather, it says: "[In English] General Gojovic reported that many of the

7 recent military cases from Kosovo were still in progress and others were

8 transferred to civilian courts. Of 382 such cases, 188 resulted in

9 conviction in military courts and an additional 137 had been transferred.

10 There were also a number of cases involving the deaths of 580 persons

11 where the perpetrators were still under investigation by military or

12 civilian authorities..."

13 [Interpretation] And so on. Now, was that the overall statistics

14 that you had available at that point in time about the cases in which the

15 organs of the -- of Yugoslavia were involved?

16 A. Yes. Those are facts and figures in tab 18, the summary review,

17 with 382 cases, 188 resulted in convictions, and 137 were transferred to

18 the competent civilian courts. The only other figure, this 580, it was

19 actually 598 persons. That should be the correct figure.

20 Q. So --

21 A. Yes, it is the result of this summary review.

22 Q. Right. I see. Thank you, General Gojovic. I have no further

23 questions for you.

24 JUDGE ROBINSON: General Gojovic, that concludes your testimony.

25 Thank you for coming to give it. You may now leave.

Page 37713

1 THE WITNESS: [Interpretation] Thank you as well.

2 [The witness withdrew]

3 JUDGE ROBINSON: Mr. Milosevic, your next witness.

4 THE ACCUSED: [Interpretation] My next witness is Judge Danica

5 Marinkovic.

6 [The witness entered court]

7 JUDGE ROBINSON: Let the witness make the declaration.

8 THE WITNESS: [Interpretation] I solemnly declare that I will speak

9 the truth, the whole truth, and nothing but the truth.

10 JUDGE ROBINSON: You may sit.


12 [Witness answered through interpreter]

13 JUDGE ROBINSON: Mr. Milosevic, you may commence. Bear in mind we

14 only have about seven minutes. There is another trial here this

15 afternoon.

16 THE ACCUSED: [Interpretation] Thank you, Mr. Robinson.

17 Examined by Mr. Milosevic:

18 Q. [Interpretation] Mrs. Marinkovic, where and when were you born?

19 A. I was born in 1951 in Bosanski Brod.

20 Q. And what are you by ethnicity?

21 A. I'm a Macedonian by ethnicity. My maiden name was Drakulovska.

22 Q. And what education do you have? Which schools, where and when?

23 A. I completed gymnasium or secondary school in the faculty of law in

24 Skopje, Macedonia, in the Macedonian language.

25 Q. Tell us briefly when you graduated from university.

Page 37714

1 A. I graduated from the faculty of law in 1975.

2 Q. Where were you employed?

3 A. I began work as a trainee in the law in the municipal court in

4 Skopje.

5 Q. Where did you work after that?

6 A. After one year, I took my bar examination before a committee of

7 the Ministry of Justice in Macedonia, in Skopje, and having passed the

8 examination, I went to live with my family in Pristina where I began

9 working as an expert associate in the Supreme Court.

10 Q. When were you elected judge of the municipal court in -- or

11 district court in Pristina?

12 A. I was elected judge of the district court in Pristina in 1984.

13 Q. And when did you start working as an investigating judge of the

14 district court in Pristina?

15 A. I began working as an investigating judge in November 1994.

16 JUDGE KWON: Sorry, you said you were elected as judge? Elected

17 by whom?

18 THE WITNESS: [Interpretation] At that time, the Municipal Assembly

19 of Pristina.

20 JUDGE KWON: Thank you.

21 THE INTERPRETER: I beg your pardon, interpreter's correction:

22 The Provincial Assembly of Pristina.

23 THE WITNESS: [Interpretation]: Mr. Kwon, the National Assembly

24 appoints judges.

25 JUDGE KWON: Thank you.

Page 37715

1 JUDGE ROBINSON: Is it an appointment or election?

2 THE WITNESS: [Interpretation] Well, it's called the election of

3 Judges whereas -- might I be allowed to explain?

4 THE ACCUSED: [Interpretation] Yes, let Mrs. Marinkovic explain.

5 She knows more about that than I do.

6 JUDGE ROBINSON: I'm sure she does.

7 THE WITNESS: [Interpretation] Judges are elected, so once a judge

8 is elected by the Assembly, after they take the oath of office in front of

9 the Assembly electing him, he begins working or she begins working as

10 judge.

11 MR. MILOSEVIC: [Interpretation]

12 Q. Mrs. Marinkovic, would you explain to us in the briefest possible

13 terms how the Assembly elects judges. How were you yourself elected a

14 judge? Did you -- was there a public competition and you put your name

15 down, or what are the proceedings?

16 A. I shall explain. The election of -- there is a public competition

17 that appears in the information media prescribing the conditions according

18 to the law that each candidate must comply with in order to take part, the

19 requirements. And once you put your name down, the candidates are checked

20 out to see that they have the necessary requirements, and then the

21 proceedings are sent on to the Assembly. There is a commission set up to

22 review all the documents submitted for each candidate, and then it makes

23 its decision as to the candidates and puts their names forward to the

24 Assembly and then the Assembly elects -- makes the final election.

25 Q. In order to compete, what requirements must you have?

Page 37716

1 A. For a candidate to put his name down and apply for a judge, they

2 must have graduated from the faculty of law, they must have passed the bar

3 examination, and must have a certain amount of years of service depending

4 on the court he is applying to, whether the district court or the

5 municipal court. For the municipal court, three years of service were

6 required, and for a district court judge, at least seven years of

7 experience were required.

8 Q. Thank you, Mrs. Marinkovic. In paragraph 87 of the Kosovo

9 indictment, and I'm going to quote that paragraph to you now: "After in

10 --" "After Kosovo's autonomy was effectively revoked in 1989, the

11 political situation in Kosovo became more and more divisive. Throughout

12 late 1990 and 1991 thousands of Kosovo Albanian doctors, teachers,

13 professors, workers, police and civil servants were dismissed from their

14 positions. The local court in Kosovo was abolished and many judges

15 removed. Police violence against Kosovo Albanians increased."

16 First of all, Mrs. Marinkovic, I've read out that paragraph,

17 paragraph 87 from the indictment. Is what is alleged here true?

18 A. From what you have just read out is not correct.

19 Q. Now, since we have heard the statements by various witnesses

20 pertaining to the general situation that is being described here, and in

21 view of the individual professions mentioned, I am going to ask you

22 questions and in doing so I shall be guided by the fact that you yourself

23 are a judge. So I'm going to ask you about judges. It says many judges,

24 so as a judge with many years of experience in the judiciary in Kosovo and

25 Metohija, as a judge yourself, in other words, would -- may we have your

Page 37717

1 comments on this paragraph, bearing in mind the situation in the judicial

2 organs. Or, let me be more precise and concrete: How many judges were

3 dismissed in 1990? And I'm bearing in mind what you know. The district

4 court in Pristina, which is where you worked at the time, you told us that

5 a moment ago, and the municipal court in Pristina, I assume you know about

6 the situation in those two courts of law.

7 A. Yes, but before I answer your question, might I be allowed to say

8 or, rather, to give some explanations, with the Trial Chamber's

9 indulgence? The local courts mentioned in the indictment, the local court

10 in Kosovo was abolished, it says.

11 JUDGE ROBINSON: We will hear the explanations and the answer

12 tomorrow because we now have to adjourn. We will adjourn until tomorrow

13 morning at 9.00 a.m.

14 --- Whereupon the hearing adjourned at 1.45 p.m.,

15 to be reconvened on Wednesday, the 23rd day of

16 March, 2005, at 9.00 a.m.