Page 24558
1 Thursday, 22 September 2011
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.06 a.m.
5 THE REGISTRAR: Good morning, Your Honours. Good morning to
6 everyone in and around the courtroom.
7 This is case IT-08-91-T, the Prosecutor versus Mico Stanisic and
8 Stojan Zupljanin.
9 JUDGE HALL: Thank you, Madam Registrar.
10 Good morning to everyone. May we take the appearances, please.
11 MR. HANNIS: Good morning, Your Honours. For the Prosecution,
12 I'm Tom Hannis, along with Crispian Smith.
13 MR. CVIJETIC: [Interpretation] Good morning, Your Honours. On
14 behalf of Mico Stanisic, my name is Slobodan Cvijetic, and with me is
15 Ms. Deirdre Montgomery.
16 MR. KRGOVIC: Good morning, Your Honours. Dragan Krgovic,
17 Aleksandar Aleksic, and Miroslav Cuskic, appearing for Zupljanin Defence.
18 JUDGE HALL: Thank you.
19 If there are no preliminary or housekeeping matters, could we go
20 into closed session so the witness can be escorted back to the stand.
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24 [Open session]
25 THE REGISTRAR: We're in open session, I apologise.
Page 24577
1 MR. HANNIS: I apologise too.
2 Q. I'd like to show you Exhibit P468 at tab 39 in the Prosecution
3 binder.
4 And from the cover page you can see these are conclusions of the
5 Crisis Staff of the Autonomous Region of Krajina on the 28th of May,
6 1992.
7 And I want to go to page 2 in both the English and the B/C/S, and
8 read you number 7 and ask you a question about that.
9 Number 7 says:
10 "If Muslims and Croats, or members of the SDA or HDZ, wish to
11 leave or move out of the Autonomous Region of Krajina, they must enable
12 the endangered Serbian people, against whom unprecedented genocide is
13 being conducted, to move collectively into their places. That is [sic],
14 they must facilitate an exchange based on reciprocity."
15 Did you know about that in the ARK, in Banja Luka? That the
16 Crisis Staff had decided that if Muslims and Croats wanted to move out
17 they had to make an exchange of their property?
18 A. I did not know that.
19 Q. You never heard any non-Serbs talking about that, or saw any
20 report in the newspaper about that?
21 A. I know that on the right shore of Vrbas in the settlement of
22 Mejdan, where I used to work for a while, there were some privately run
23 agencies which were the intermediaries - how should I put it? - not in
24 the way described here, but let me say, for instance, 100 of Muslims or
25 Bosniaks leave Banja Luka in the direction of Bihac or Sarajevo, and then
Page 24578
1 100 Serbs would arrive to Banja Luka. No, there were individual cases.
2 There were some friends of mine who left. I heard that there were some
3 privately owned agencies, but, believe me, I was not interested in that.
4 I knew some people from that period, but this thing that is being
5 described here, a collective exchange, collective move of Bosniaks or
6 Croats, or maybe Serbs coming from another part of the republic, that is
7 something that I was not aware of.
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15 [Open session]
16 THE REGISTRAR: We're in open session, Your Honours.
17 MR. HANNIS: Thank you.
18 Q. All right, Witness, I'd like next to show you Exhibit P432.19.
19 This is Prosecution tab 49.
20 This is another decision from the Crisis Staff of the ARK. It's
21 dated the 22nd of June.
22 I think it's on your screen now. And paragraph 1 says: "Only
23 personnel" --
24 A. Yes.
25 MR. ALEKSIC: [Interpretation] The document is under seal. This
Page 24580
1 is all I wanted to say.
2 MR. HANNIS: I wasn't aware of that, Your Honour. I'm not sure
3 it needs to be with this witness, but we cannot -- I can ask him a
4 question about it without --
5 JUDGE HALL: Without having it publicly displayed.
6 MR. HANNIS: Yeah.
7 JUDGE HALL: Yes.
8 MR. HANNIS:
9 Q. Article one says:
10 "Only personnel of Serbian ethnicity may hold executive posts,
11 posts where the information flow is possible and posts involving
12 protection of socially owned property," et cetera.
13 And it says:
14 "This includes the Ministry of the Interior and the army.
15 Likewise, these posts may not held by those employees of Serbian
16 ethnicity who have not confirmed it in the plebescite or have not yet
17 accepted that the only representative of the Serbian people is the
18 Serbian Democratic Party."
19 Were you aware of this decision by the Autonomous Region of
20 Krajina?
21 A. I did not see this decision. However, I heard of it. There were
22 stories about the existence of that decision. I personally did not see
23 it, however.
24 Q. Thank you. Let me show you then Exhibit P577; tab 53 of the
25 Prosecutor's list.
Page 24581
1 And with the usher's help, I'll hand you a copy of this one.
2 This appears to be --
3 A. Thank you.
4 Q. -- a dispatch from the CSB Banja Luka to the -- to all the SJBs,
5 dated the 1st of July, 1992. And it's informing about that Crisis Staff
6 decision from the ARK that we were just looking at.
7 MR. HANNIS: If we could go to page 2.
8 Q. You will see at the bottom it comes from the centre, and after
9 the text of the ARK decision, it says:
10 "In the implementation of this decision, the chiefs of the public
11 security stations are obliged particularly to abide by its provision --
12 by its provisions, regarding the proposal of candidates for posts
13 described in Article 1 ..."
14 Were you aware of this in -- in the CSB Banja Luka, that
15 non-Serbs and Serbs who had not voted the right way in the plebescite or
16 otherwise indicated their support for the SDS were not to hold certain
17 executive posts in the police?
18 Did you know about that?
19 A. By using an analogy and comparing this document with the previous
20 document issued by the Crisis Staff of the autonomous region, I can tell
21 you that I did not see this document issued by the CBS [as interpreted].
22 However, the chief of department informed me about it. We were all told
23 about it. We were also told that people could not be fired or removed
24 from their posts unbeknownst to the CBS Banja Luka, alternatively, the
25 document shows that chiefs of public security stations had to find
Page 24582
1 adequate solutions for the employees of the bodies of the interior.
2 Q. So, after this deadline from the ARK Crisis Staff of 26th June,
3 were there any non-Serbs who remained in executive positions in the CSB
4 Banja Luka or any of the SJBs covered by that CSB, as far as you know?
5 Or were they all reassigned to lesser jobs, less sensitive positions?
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6 [Open session]
7 THE REGISTRAR: We're in open session, Your Honours.
8 MR. HANNIS: If I could show the witness Exhibit P1380, tab 66 of
9 our binder.
10 THE INTERPRETER: Interpreter's note, the French interpreters
11 also have a very strong background noise.
12 MR. HANNIS: Your Honour, I've just heard the French interpreters
13 indicating that they have some difficulty, I guess, with static. And I
14 noted earlier that we had the same message from B/C/S. I don't know if
15 it's still a problem.
16 THE INTERPRETER: The French booth notes everything is fine
17 again.
18 As far as the B/C/S interpreter is concerned, right now it's
19 perfectly okay, back to normal. Thank you.
20 MR. HANNIS: I thank the interpreters.
21 Q. Witness, I don't know if you have it on the screen yet. This is
22 a dispatch from the 11th of September sent by Mr. Zupljanin to the SJB
23 Prijedor chief. He is forwarding a dispatch from Minister Stanisic of an
24 order to conduct an investigation into the killing of about 150 Muslims
25 in the area of Skender Vakuf, Koricanske Stijene.
Page 24587
1 Did you know about that in 1992? Were you aware of that
2 incident?
3 A. I heard of the incident. I know that all the necessary measures
4 an actions were taken within the purview of the CSB. And as for the fact
5 that my colleagues set up a team consisting of inspectors, crime of scene
6 investigators, an investigating judge, and so on and so forth, I know
7 that, as far as I can remember, a report was submitted to the
8 prosecutor's office, charging an unknown perpetrator or a known
9 perpetrator, I don't know exactly what, but I remember this case, because
10 I heard of it.
11 Q. I want to ask you about, were you aware or did you hear about any
12 camps or detention facilities or reception centres where non-Serb
13 civilians, Muslims and Croats, were detained in May, June, July,
14 August of 1992 in the territory of the Autonomous Region of Krajina? For
15 example, did you know of the existence of Omarska, or Keraterm, or
16 Trnopolje, or Manjaca? Did you know about those in 1992?
17 A. Well, I knew, I heard, and I knew that in one part of the
18 territory, in the area called Manjaca, there was a camp. I knew that. I
19 know that that was a camp for POWs.
20 I also heard that in Prijedor there was a reception centre for
21 citizens, i.e., for those people who had fled from war-struck areas.
22 I also heard that in Omarska, there was something like an
23 investigation centre, if I can put it that way, and that people were
24 taken there after having been taken prisoners, usually combatants who had
25 been captured in combat. That's what I know.
Page 24588
1 Q. Let me ask you about this. Did you know about Mr. Zupljanin
2 going to Belgrade and attending a meeting on the 11th of July, 1992,
3 where Minister Stanisic and all the collegium of the RS MUP and most of
4 the CSB chiefs were in attendance? Did you know about that meeting?
5 A. I didn't know about that meeting.
6 Q. Let me tell you, at that time meeting, Mr. Zupljanin was recorded
7 as saying that:
8 "The army and Crisis Staffs are requesting that as many Muslims
9 as possible are gathered, and they are leaving these undefined camps up
10 to the internal affairs organs. Conditions in these camps are bad."
11 Were you aware, did you not hear it around the CSB Banja Luka
12 about these camps and -- and police complaints about being left with the
13 job of guarding people kept in these camps in 1992?
14 A. I heard, that is to say, I received information, or I read
15 somewhere. And as I've told you, those were not camps. I've already
16 stated that a prisoner of war camp was at Manjaca. There was a reception
17 centre as well, but I never heard of any camps, I repeat.
18 I also heard that some public security stations or police
19 stations sent their employees to guard those collection or reception
20 centres; not camps, mind you.
21 And as far as I can remember, the local politics got involved and
22 the local Crisis Staffs got involved in all that. They had the main say
23 in all that, and they dictated some public security stations and their
24 chiefs. In doing that, they circumvented the decision of the minister,
25 pursuant to which police officers were -- could not be used for those
Page 24589
1 purposes. They were supposed to do only their regular policing tasks,
2 aimed at preserving peace and order in their respective territories.
3 Q. Well, Witness, first of all, the term I used in my question was
4 "undefined camps." Those are Mr. Zupljanin's words, according to the
5 minutes of that meeting, not mine. But you are aware that police were
6 guarding people detained in those various facilities, whatever name we
7 use; right? That was a problem that the police complained about;
8 correct?
9 A. Well, I don't know exactly, but I heard, believe me, if I knew
10 that employees of one police station went there, or if I went there, I
11 would tell you. I read somewhere that in certain cases and in certain
12 police stations, police officers were also used for those purposes.
13 Although those were not their regular tasks stipulated by the law.
14 Q. But you personally never went to any of those facilities in 1992;
15 right?
16 A. No, never.
17 Q. Well, let me ask you about some things that you mentioned on
18 Tuesday when you testified.
19 Regarding the curfew, you were asked about the purpose of
20 introducing the curfew in accordance with the decision of the Secretariat
21 for National Defence. And at page 24.432, you said that it was
22 introduced "to prevent movement during the night, movement of people
23 armed with long barrels in all sorts of uniforms.
24 "In short, in order to ensure the security of the citizens."
25 Now, you've already told us that these groups were a problem and
Page 24590
1 the police really couldn't deal with them. My question is, it doesn't
2 sound like these guys were the sort of people who were simply going to go
3 home at 2200 hours at night because the Secretariat of National Defence
4 had issued a curfew; right?
5 You understand my question?
6 A. I did.
7 You see, restricting the movement of such individuals wearing
8 different kinds of uniform and insignia who had to do with stolen
9 vehicles and sported arms was still not a guarantee that they wouldn't
10 move about. Installing the curfew from 10.00 p.m. till 5.00 a.m. did not
11 even stop ordinary citizens from moving about.
12 However, one of the measures introduced to increase the safety
13 and security of citizens and in an attempt to secure a peaceful way of
14 life was particularly that. And, in my view, it was a positive decision.
15 Q. Do you know of examples of the police arresting any of these men
16 carrying long barrels and roaming after the curfew, firing their weapons
17 and exploding their explosive devices?
18 A. Well, look, Mr. Prosecutor, it's been a while. I can't say I
19 know of such examples.
20 In any case, the purpose of establishing check-points which
21 comprised the employees of the police and members of the military police
22 was to try to tackle the issue of movement of different people in
23 different uniform, insignia, with weapons, and I can tell you that such
24 people were prosecuted, especially if they moved about in groups, in
25 uniform, with long weapons. I can pretty much guarantee that the
Page 24591
1 military police applied measures against such people.
2 Q. But not all these groups were members of the military; right?
3 Weren't some of them non-military, and, thus, should be arrested by
4 civilian police?
5 A. Basically, yes. However, at the time, I can say that these
6 criminals, in inverted commas, who had been known to the police before
7 the war, all wore uniforms. One could get a hold of a uniform in any
8 number of ways. You could buy it. You could have someone make it for
9 you. And if there were such groups of five or six men in uniform with
10 weapons, the police were unable to stand up to them. They weren't
11 trained or equipped to do that. Those people fired at members of the
12 police. They threw explosive devices into courtyards. And, in that
13 regard, the military police was of great assistance. They had
14 professionals who knew their job well. They were simply equipped well
15 enough, in my view.
16 Q. Okay. Let me show you now another exhibit. This is tab 83 in
17 the Prosecution binder; Exhibit P624.
18 And with the usher's assistance, I'll hand you a copy. And I
19 have some little sticky tabs on there to help you find the paragraphs I
20 want to ask you about.
21 I will tell you that this is a report from CSB Banja Luka on the
22 work done by the CSB from 4 April until 31 December 1992.
23 Have you ever seen that document before?
24 A. I really can't say. I may have. And, yet, I may have not.
25 Q. If we could go to the second page in English. Witness, so have
Page 24592
1 you it, that there's a footnote at the bottom at page 2 in the B/C/S as
2 well.
3 Footnote number 1 says:
4 "From 4 April until 31 December 1992, a total of 467 employees
5 left the centre (304 ... did not sign the solemn declaration) ..."
6 Does that number sound about right, or do you know?
7 A. Believe me when I tell you that this is the first time I see such
8 numbers.
9 Q. I understand that. But, from your own personal knowledge of
10 people who didn't sign and left, do you have any reason to disagree with
11 this number that's in the report?
12 A. As for the figure, I can neither agree or disagree with it. I do
13 know, though, that a number of employees left the CSB following the
14 deadline or on top of the deadline that was prescribed. I don't know how
15 many left, though, and for what reasons.
16 Q. I understand. I'd like to go next to -- it's page 7 in the
17 English, and it's page 11 -- it should be the next sticky tab for you.
18 And, actually, I think that's a page that's copied ... okay.
19 It may be on the back side of that page. Can you turn your
20 right-hand page over. Yes. And it's upside down.
21 A. No problem.
22 MR. HANNIS: Yes, and in the e-court, the ERN for the B/C/S is
23 B0098130.
24 Q. At the bottom of that page, the paragraph I'm reading is:
25 "Most members of the public saw the activity of criminal groups
Page 24593
1 and individuals as a sign of anarchy and lawlessness which seriously
2 undermined the reputation of government organs and created distrust in
3 them, especially because the criminals used uniformed and state symbols
4 while committing crimes. Because of the fact that they were numerous,
5 widespread, well organised, and well armed, and that in some cases they
6 even seemed untouchable and to have a sort of aura of immunity on account
7 of their war merits, since some of them fought in the war, the security
8 services are in a very delicate position and have little room for
9 ensuring efficient protection of the security and property of citizens."
10 First of all, as a general proposition would you agree with that
11 as an accurate description of the situation for at least part of the
12 time, between April 1992 and the end of December 1992?
13 A. I believe I said already that there were individuals and groups
14 in uniform with insignia and weapons who were experienced fighters, and
15 they were a threat to the security and safety of citizens in Banja Luka.
16 One of the tasks of the check-points that were established was to
17 try and tackle the issue of movement of such individuals and groups.
18 Q. Let me stop you there.
19 I understand that. But from this reading, would you agree with
20 me that at least one of the groups that's being described here sounds
21 like some of the personnel from the special police detachment in
22 Banja Luka? You remember yesterday we looked at a lot of documents with
23 complaints about the activities of Mr. Gojevic [sic] and Mr. Makivic and
24 some of the other members of the special police detachment, of whom you
25 told me some were military personnel. Doesn't this accurately describe
Page 24594
1 them and what they were doing? They seemed "untouchable"?
2 A. No.
3 Q. Okay. If you can go to your next tab. In English, it's page 14.
4 Your page number, I think, should be page 24.
5 A. [In English] Yes.
6 Q. And in e-court, the B/C/S is B/C/S page 25.
7 Near the bottom of the page in English, the last part of the
8 paragraph that I marked for you:
9 "Members of services are often also exposed to pressure from
10 various informal centres of power and to interference with their work and
11 they are often blackmailed by paramilitary formations and armed groups."
12 First of all, would agree with that statement?
13 A. [Interpretation] Yes.
14 Q. And do you know by name or description any of those paramilitary
15 formations and armed groups that were blackmailing members of police; and
16 if so, in what way were they blackmailing them?
17 A. Mr. Prosecutor, I wouldn't use the word "blackmail."
18 Such armed groups and individuals, as I said, were well trained,
19 well armed, in different kinds of uniform. They didn't blackmail members
20 of the police. We wouldn't have anyone blackmail us.
21 But --
22 Q. Well, let me -- let me stop you there. "Blackmail" is the word
23 that was used in the report. And after I read it out to you and asked
24 you if you agreed, you said you did. But now you're telling me you don't
25 agree, at least with the word "blackmail"; right?
Page 24595
1 A. Well, it's a play of words. Sometimes we say "blackmail."
2 It's a word. In my view, no one held any hostage looking for
3 certain -- a certain gain. Throughout my testimony, I believe, you could
4 get an idea of us insisting on the fact that we had inadequate number of
5 policemen, inadequate equipment, and all that resulted in us being unable
6 to stand up to such armed individuals and groups. That is why the
7 military police came in, because they could deal with them. As for us,
8 the employees of the police being blackmailed by anyone, well, no way.
9 Since they were thugs and in uniform, we contacted the military
10 police. It's not that the civilian policemen were afraid of them, but we
11 were simply not trained to fire at people, to enter a clash with an armed
12 group. That is why we relied on the bodies of the military and the
13 military police who could adequately respond.
14 Q. Witness, isn't it true that some of the thugs in uniform in
15 Banja Luka in 1992 were members of the special police detachment ; right?
16 A. I don't know that. The specials - I call them the specials - as
17 far as I know, some of them may have been. As I have said already, they
18 were even members of the State Security Service, such as Mr. Samardzija,
19 Mr. Ecim was there, there were reservists, and there may have been such
20 individuals as well who had infiltrated the specials.
21 Q. Well, they were on the payroll. So it is something different
22 than infiltration; right?
23 A. Mr. Prosecutor, I take note of what you say, but I said that the
24 list of the members of the specials that was shown to me was something I
25 was not familiar with. I said I knew some people, some colleagues from
Page 24596
1 the list, two or three.
2 Q. Okay.
3 JUDGE HARHOFF: Mr. Witness. Mr. Witness, could I just ask you
4 if you ever, with your own eyes, saw any of these uniformed thugs
5 operating at night-time after the curfew?
6 Did you ever see them by yourself?
7 THE WITNESS: [Interpretation] Your Honour, to tell you the truth,
8 I worked in shifts. During the curfew, take my word for it, I didn't
9 move around town because of such people, of such individuals. I didn't
10 see them personally, but there were rumours going around town.
11 In any case, I didn't see them. I knew some of them since before
12 the war, certain people.
13 JUDGE HARHOFF: Thank you.
14 MR. HANNIS:
15 Q. Okay. Witness, I think there's one last tab. If you could turn
16 to that.
17 MR. HANNIS: It's page 15 in the English, in e-court. Page 27 in
18 the B/C/S in e-court.
19 Q. You find that last tab? Yeah. Thank you.
20 Okay. Reading from the bottom of page 15 in the English, there's
21 a big paragraph and the second sentence says:
22 "For instance, some active-duty and reserve police employees took
23 advantage of war time circumstances to engage in various criminal
24 activities, illegally confiscate citizens' property and belongings and
25 keep them for themselves."
Page 24597
1 Is that your knowledge or experience, is that accurate? Did you
2 know about that happening?
3 A. Well, Mr. Prosecutor, I heard of such - what I should call
4 them? - occurrences, including some authorised officials, members of the
5 police.
6 The chief of the CSB, prior to that period and during that time,
7 kept asking of the various members of the CSB to be professional in their
8 conduct and to be fair. People could -- couldn't even dream of engaging
9 in such activities. We had disciplinary courts in place for such
10 situations. We had our presidents and members of such disciplinary
11 commissions who dealt with such cases. In each and every case, when we
12 heard or where there were indicia of such conduct, such people were
13 processed. Such disciplinary presidents and members of commissions were
14 impartial. They didn't care who was involved. They only cared if there
15 was criminal conduct of people in uniform.
16 (redacted)
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22 Q. I understand you wanted to tell me that. I have to ask you to
23 keep your answers short. I think I'm near the end of my half-hour.
24 MR. HANNIS: If I can just finish this document and then one
25 topic, if I could have ten more minutes, Your Honours.
Page 24598
1 JUDGE HALL: Yes.
2 MR. HANNIS: Thank you very much.
3 THE WITNESS: [Interpretation] I'm sorry, I do understand. Sorry.
4 MR. HANNIS:
5 Q. No problem. All right. Reading on in that paragraph, two
6 sentences further down, it says:
7 "Also, members of various armed groups sometimes inspected
8 authorised officials, that is, police employees, while they were on duty,
9 searched police vehicles and maltreated them in other ways. However,
10 calculating and following the line of least resistance, police employees
11 often responded to such incidents and their perpetrators passively,
12 allowing them to maltreat and humiliate them, which undermined their
13 reputation and that of their service."
14 MR. HANNIS: Next page in English in e-court.
15 Q. "Certain duties envisioned by the law were not carried out
16 because of fear and apprehension and in some cases because of involvement
17 in various criminal affairs, and there were attempts to shift
18 responsibility to others and even to the centre."
19 Would you agree with that assessment of the situation in
20 Banja Luka in April through December of 1992? Yes or no.
21 A. Yes.
22 Q. And understandable as that is, would you agree with me that that
23 passivity in the face of dealing with some of those armed groups and
24 individuals runs contrary to the solemn declaration under Article 41,
25 where the sworn police officers say that they will "carry out these and
Page 24599
1 other activities and tasks of an authorised official even when the
2 execution of such activities and tasks places my life in danger."
3 Right?
4 A. Yes. That is precisely why we processed such cases.
5 Q. I understand. The last thing I want to ask you, the last topic
6 in five minutes, if I may.
7 Were you aware that, before you came to testify, that my office,
8 the Office of the Prosecutor, had requested to interview you before you
9 came to testify?
10 Were you informed about our request to do that?
11 A. I don't understand you. I don't understand the question.
12 Q. When the Prosecutor, when our office learned that you were going
13 to be called as a witness in this case, we asked Defence counsel to
14 inform you that we would like to speak with you outside of court before
15 you came in to testify. Either weeks before or the day before you got
16 here. Were you aware of that request?
17 (redacted)
18 (redacted)
19 (redacted)
20 (redacted)
21 (redacted)
22 (redacted)
23 (redacted)
24 (redacted)
25 (redacted)
Page 24600
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Page 24601
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Page 24603
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8 (redacted)
9 (redacted)
10 (redacted)
11 (redacted)
12 [Open session]
13 THE REGISTRAR: We're in open session, Your Honours.
14 Re-examination by Mr. Aleksic:
15 Q. [Interpretation] Good morning. I have just a few questions for
16 you.
17 The last document that you saw, P624, is a report on the work of
18 the Banja Luka Security Services Centre for a certain period.
19 I would like you to tell us the following: Does this document
20 contain information only from Banja Luka or from all the public security
21 stations in the territory of the Banja Luka Security Services Centre? If
22 you know.
23 A. Mr. Lawyer, Mr. Aleksic, you see, the very first page tells us
24 that this is a report on the work of the Security Services Centre, which
25 means the whole of the Security Services Centre in Banja Luka for the
Page 24604
1 period mentioned here.
2 Q. It means that it contains information collected from the public
3 security stations within the Security Services Centre for the relevant
4 period.
5 A. Correct. Information collected from public security stations for
6 the relevant period.
7 Q. Thank you. Let us go back to some topics mentioned during the
8 previous days that ought to be clarified.
9 The day before yesterday, on page 24.456, in answer to a question
10 from my colleague Mr. Zecevic related to the police check-points, you
11 stated that you had no information that there was some sort of
12 instruction that people should be treated differently on the
13 check-points, depending on their ethnicity. You also stated that you had
14 no knowledge that things like that happened in practice. You said that,
15 as far as you knew, all citizens were treated in exactly the same way.
16 Do you remember that?
17 A. Yes.
18 Q. Immediately after that, my learned friend from the Prosecution,
19 at the very beginning of his cross-examination, asked you about the same
20 thing. And on the following page, 24.457, he suggested that you
21 personally never worked at any of the police check-points and therefore
22 have no personal knowledge about whether anybody was mistreated or
23 treated in a different way because of their ethnicity. And you agreed
24 with that statement. And I agree with the fact that you never worked at
25 any of the police check-points.
Page 24605
1 You remember that that's what you stated?
2 A. Yes.
3 Q. Earlier on, I asked you whether the police station Centar,
4 Budzak, and Mejdan had their duty operations services, and you answered
5 in the affirmative.
6 A. Yes.
7 Q. It's on page 24.402.
8 So bearing in mind everything that I just said, I want to ask you
9 the following: Bearing in mind where you worked, have you ever received
10 any report from duty operations officer in Centar, Budzak or Mejdan that
11 some citizens were mistreated at check-points or that they were treated
12 differently solely on the basis of their ethnicity?
13 A. No. It's impossible that the employees of the police would have
14 mistreated people of a different ethnicity. And I have to emphasise that
15 we erected the check-points precisely to ensure the safety and security
16 of citizens of all ethnicities. We always requested all the employees to
17 act in a professional manner towards everyone and to treat everyone in
18 the same way.
19 Q. Thank you.
20 MR. ALEKSIC: [Interpretation] In relation to this topic, I would
21 like to see on the monitors, P470. It's a newspaper article from "Glas."
22 Q. I think you were shown the document yesterday, or the day before
23 yesterday, by Mr. Prosecutor.
24 MR. ALEKSIC: [Interpretation] Could we zoom in?
25 The middle column, the lower part of the middle column.
Page 24606
1 Q. My learned friend Mr. Hannis read this passage until the words
2 "this request was not accepted."
3 And now I want to read the rest of the paragraph and then ask you
4 a question.
5 "This request was rejected but it was agreed that a discussion
6 would be held tomorrow in the Banja Luka CSB with representatives of the
7 SDA and that solutions would be found for ethnically balanced police
8 patrols to work on security tasks."
9 Can we have the remainder. Thank you.
10 "It was also agreed that particular attention should be devoted
11 to the protection of religious buildings."
12 Now, in relation to what I just read out, I would like to ask you
13 the following: Do you know anything about this; and can you comment on
14 it?
15 A. You see, Mr. Aleksic, throughout my testimony, I repeated that
16 the chief constantly requested that all citizens be treated equally,
17 regardless of their ethnicity. The text that you just read out
18 "ethnically balanced patrols and check-points" means that they were
19 supposed to contain different ethnicities: Serbs, Bosniaks, and Croats.
20 You have to bear in mind that in the territory of the police
21 station in Mejdan, there are two neighbourhoods: Vrbanja and Debeljaci.
22 The majority population there are Bosniaks. Our patrols and check-points
23 were of mixed ethnicity in such areas. Our patrols were of mixed
24 ethnicity in order to ensure the protection and safety of all citizens,
25 not just citizens of one or the other ethnicity.
Page 24607
1 Excuse me, I just saw that the protection of religious buildings
2 is mentioned here in the text. You especially have to bear in mind that
3 such territories contain religious facilities, and that was the focus of
4 the work of our service.
5 Q. Thank you. Let us move to another topic.
6 During my examination and during the cross-examination, you were
7 asked some questions about the number of people who worked in the crime
8 prevention department of the Banja Luka CSB. Page 24.383.
9 Are you okay? Are we supposed to continue?
10 A. Yes, yes, I'm maybe a bit excited and somewhat emotional. Your
11 know, that's the kind of person I am. So, some questions, sometimes --
12 no, everything is fine. Don't worry.
13 Q. Let me repeat, page 24.383 in the transcript, my question related
14 to the organisational structure of the Banja Luka CSB. And you, among
15 other things, said that there was the crime prevention department, which
16 then contained sectors devoted to general crime and white-collar crime.
17 You also said that were 10 to 12 executive officers in that sector.
18 Do you remember that?
19 A. Yes.
20 Q. A little while later on the same day, the Prosecutor asked you
21 about the same topic. Page 24.482. He asked you how many people were in
22 uniform, and you said: "There were 12 to 13 people wearing uniform
23 within the Banja Luka CSB."
24 And then the transcript contains your claim that the white-collar
25 crime sector contained 40 to 45 employees. Could you tell me, which of
Page 24608
1 the two numbers is correct? If you are able to say.
2 A. Of course I am. As for the uniformed employees, yes, there were
3 10 to 12 of them. They were inspectors and people working in the
4 operations duty service. Maybe 12 in total.
5 As far as the crime prevention and detection department, which
6 contained two sectors, white-collar crime and general crime, I may have
7 misspoken when quoting the numbers. There were maybe 10 to 12 people
8 working on the white-collar crime, and a similar number, 10 to 12, around
9 dozen people working in the general crime prevention and detection
10 sector.
11 Q. Thank you. Yesterday you saw a list of food allowances. I'm
12 going to show you this document after the break.
13 (redacted)
14 (redacted)
15 (redacted)
16 (redacted)
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22 [Private session]
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Page 24609
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21 [Closed session]
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Page 24611
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Page 24612
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11 [Open session]
12 THE REGISTRAR: We're in open session, Your Honours.
13 [Trial Chamber confers]
14 JUDGE HALL: I believe some -- we have been alerted that somebody
15 has a matter to raise about -- it's you, Mr. Hannis, is it.
16 MR. HANNIS: I did. I don't know if anyone else did, Your
17 Honour.
18 But for purposes of planning our schedule for the next time we're
19 back, I think on 10th October, the first witness, as I understand it, is
20 SZ-005. He is not a protected witness. He's a communications witness
21 from Prijedor SJB. I think the Defence estimate is five hours for
22 direct. And I know your general rule is for non-expert witnesses our
23 time for cross is an equal amount of time.
24 But I wanted to make an application for extra time for this
25 witness. He is a communications witness. He was chief of the
Page 24623
1 communications department in Prijedor. Prijedor is one of our most
2 intensive crime base municipalities. He is the -- I think he's the only
3 communications witness we've had at the SJB level. We've had, you know,
4 at republic level and MUP headquarters and CSB level, but not at the SJB
5 level.
6 Also we have a number of communications log-books, probably more
7 from Prijedor than from any place else and I think I've identified about
8 140 documents that I would like to show him.
9 So I'm requesting Your Honours to consider allowing me to have
10 10 or 12 hours for cross-examination. And that certainly will affect the
11 planning and scheduling of how many witnesses the Defence calls and when
12 they call them.
13 If you would like something in writing for me to further
14 elaborate it, I can do that. But I did want to alert you as soon as
15 possible.
16 [Trial Chamber confers]
17 JUDGE HARHOFF: Mr. Hannis, we have had much experience with
18 log-books in this trial, I should say. And so I wonder if there is any
19 way in which you can figure out to shorten your time that you need to
20 cross-examine the next witness.
21 MR. HANNIS: I can certainly try to do that --
22 JUDGE HARHOFF: To be honest, in some way to save us from having
23 to go through all the log-books once again --
24 MR. HANNIS: I will certainly try to do that, but part of the
25 reasons that I feel I need extra time is, from reading the 65 ter summary
Page 24624
1 for this witness, there's an indication that he will testify that the
2 chief in Prijedor, Mr. Drljaca, was acting in defiance of authority. He
3 refused to recognise and adhere to the authority of CSB Banja Luka. He
4 failed to provide daily reports and regular updates concerning events as
5 they unfolded in Prijedor and repeated requests.
6 So I think it is important for me to try to show that his
7 anticipated testimony seems to fly in the face of what I see in the
8 log-books and the documents incoming and outgoing from Prijedor, and so I
9 think it will reflect heavily on his credibility and that's another
10 reason why I think I may need more time.
11 Now if he doesn't testify in that fashion and it is more
12 consistent with what I see in the documents, then certainly I would need
13 less time and not waste your time. But that's how it appears to me at
14 this juncture and that's why I'm making the request.
15 And the other thing, I'm sorry, as a general matter, Your Honour,
16 for us, we do not get statements from the Defence of the witnesses. So
17 as with this witness, I had to ask him some questions that I didn't know
18 the answer to which is contrary to the Ten Commandments of
19 cross-examination for lawyers, but if I'd had a chance to interview him
20 before or had a fuller statement, I would know, for example, that the
21 last witness's answers to some questions were things that I didn't need
22 to ask about. But not knowing them, I have to at least explore for the
23 possibility, and that's another reason why it takes some extra time with
24 these witnesses where we're working in the dark and I have a one-page
25 summary and 65 ter instead of a prior testimony or a 20-page witness
Page 24625
1 statement.
2 MR. KRGOVIC: [Interpretation] If I may, Your Honours, when it
3 comes to the extension of time for cross-examination, I will leave it in
4 the Judges' hands to decide.
5 However, we have already heard the testimony of the chief of the
6 communications centre in Kotor Varos. He was a Prosecution witness who
7 testified about this area. As for the other part, and that is they don't
8 know what the witness is going to testify about, I have to say that he
9 has already testified twice at this Tribunal. The Prosecution has his
10 testimony and he has also provided a statement to the Prosecutor. And
11 they have that as well.
12 So it is very clear what the witness is going to testify about.
13 In any case, I would like to avoid, and I didn't object when
14 Ms. Korner examined the witnesses, but I wanted to object to the
15 witness's being exhausted by a very wide examination. The way in which
16 Ms. Korner examined the witnesses left them exhausted and confused, and I
17 am not saying that the Prosecutor does not have the right to test their
18 thesis but I would plead with them to do it in a reasonable way.
19 JUDGE HALL: Some critics of the common law system would say that
20 the purpose of cross-examination is to exhaust and confuse the witness.
21 But be that as it may, may we approach the matter this way:
22 Mr. Hannis having alerted us to what his problems are likely to be and we
23 know that when -- in two weeks' time when we reconvene, and he sees how
24 it develops -- how the evidence develops, and he knows -- he -- he has
25 already been alerted to the reservations of the Bench in trawling through
Page 24626
1 log-books unnecessarily, that he would -- we would treat the applications
2 as being live before us and he would be in a position to refine it in
3 terms of time, the -- certainly by the time the witness's
4 examination-in-chief has ended.
5 So could we leave it at that.
6 MR. HANNIS: I can live with that, Your Honour. You've been fair
7 with me in the past when I have needed or requested more time. Thank
8 you.
9 JUDGE HALL: And as Judge Delvoie has just reminded me, that
10 approach may have an impact on witness planning for you. But, again,
11 the -- the question of a day, I suppose.
12 [Trial Chamber confers]
13 JUDGE HALL: But we would see.
14 Are there any other matters?
15 Before we adjourn, it is been brought to our attention that today
16 is the last day that the -- we would see in court in that capacity the
17 Prosecution's faithful Case Manager, whereas, in the adversarial system
18 that we -- whereas it is an adversarial system that we follow,
19 nevertheless, the system only works if there's a measure of cooperation
20 by all parties involved and, therefore, though he has been the Case
21 Manager for the Prosecution, to the extent that he does his work well, it
22 benefits not only the Prosecution but the Chamber and everybody as well.
23 So we certainly wish him all the best in the -- his new service to the
24 Tribunal, and we thank him for such assistance as his work for the
25 Prosecution has afforded all of us. Thank you.
Page 24627
1 So we reconvene on the 10th of October.
2 --- Whereupon the hearing adjourned at 1.20 p.m.,
3 to be reconvened on Monday, the 10th of October,
4 2011
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