Tribunal Criminal Tribunal for the Former Yugoslavia

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.

21                           [Closed session]

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24559

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5                           [Private session]

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24560

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Pages 24560-24575 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 24576

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

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.

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22                           [Private session]

23   (redacted)

24   (redacted)

25   (redacted)


Page 24579

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

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?

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14                           [Private session]

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24583

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Page 24583 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 24584

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11                           [Closed session]

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24585

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Page 24585 redacted. Closed session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 24586

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 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)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

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

 1   (redacted)

 2                           [Private session]

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24601

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Pages 24601-24602 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 24603

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 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)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22                           [Private session]

23   (redacted)

24   (redacted)

25   (redacted)


Page 24609

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Page 24609 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

 


Page 24610

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21                           [Closed session]

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24611

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10                           [Private session]

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)


Page 24612

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Pages 24612-24621 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 24622

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7                           [Closed session]

 8   (redacted)

 9   (redacted)

10   (redacted)

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

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25