Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1865

 1                           Thursday, 5 March 2009

 2                           [Closed session]

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 8                           [Open session]

 9             THE REGISTRAR:  Your Honours, we're in open session.

10             MR. NEUNER:  Could I also ask that the next exhibit is not being

11     displayed outside the courtroom.  I'm talking about the witness's

12     statement, 2681 is the 65 ter number.

13             THE REGISTRAR:  Your Honours, 65 ter 2691 the pseudonym sheet

14     will be Exhibit P369 under seal.

15             MR. NEUNER:

16        Q.   Witness, you see here in front of us this statement.  Could you

17     confirm that you gave this statement initially in mid-April 2005 and in

18     January 2006?

19        A.   Yes, that is the statement.

20        Q.   And you signed a B/C/S version of that statement and it is true

21     and accurate, isn't it?

22        A.   Yes, that's right.

23             MR. NEUNER:  I would seek to tender 2681 under seal,

24     Your Honours, and we have also prepared a redacted version which is 2800,

25     which can be filed publicly.

Page 1867

 1             JUDGE PARKER:  Thank you.

 2             Now, before we receive the statement, we'll need to have some

 3     compliance with Exhibit 92 ter, would we not?

 4             MR. NEUNER:  Your Honours wish me to read out the summary?

 5             JUDGE PARKER:  No.  The witness needs to confirm that this is the

 6     evidence he would give.

 7             MR. NEUNER:  Sorry, Your Honour, I was also seeking to tender the

 8     testimony of this witness, but I will ask -- and then ask the question,

 9     but I will ask the question now.

10        Q.   If you would now -- sorry, Witness, I withdraw.

11             Do you accept that if you would -- do you accept that this

12     statement would be what you would say today if you would testify orally?

13        A.   Yes, that is the statement.

14        Q.   And the statement is complete and accurate, do you recall it?

15        A.   Yes.

16             MR. NEUNER:  Could I now seek to tender --

17             JUDGE PARKER:  The statement of the witness will be received

18     under seal.

19             THE REGISTRAR:  Your Honours, 65 ter 2681 will be Exhibit P370

20     under seal.

21             JUDGE PARKER:  The statement of the witness that is redacted will

22     be received as Exhibit P370A.

23                           [Trial Chamber and Registrar confer]

24             MR. NEUNER:  Could we now please display the testimony of this

25     witness in the Milutinovic case, which is 65 ter number 5209.  That

Page 1868

 1     testimony was given by K88 on the 21st of February, 2007.

 2        Q.   Witness, before you came here today did you have an opportunity

 3     to review this statement -- I'm sorry, this testimony, which hash read to

 4     you in B/C/S?

 5        A.   Yes, all of it.

 6        Q.   Would you accept that this testimony is accurate, and do you

 7     accept that this is what you would say today again?

 8        A.   Yes.

 9             MR. NEUNER:  I would --

10             JUDGE PARKER:  It will be received.

11             MR. NEUNER:  Yes.

12             THE REGISTRAR:  As Exhibit P371, Your Honours.

13             MR. NEUNER:  Could I ask that this version, Exhibit P371, is

14     received under seal.  We have also prepared a second version containing

15     some redactions of the private and closed session testimony, which is

16     65 ter number 5209.01, Your Honours.

17             JUDGE PARKER:  The testimony of the accused [sic] in the previous

18     trial of Milutinovic et al will be received under seal.  The redacted

19     version will be Exhibit P371A.

20             MR. NEUNER:  Just a clarification, Your Honours, maybe it's

21     mis-recorded in the transcript.  It says testimony of the accused.  I

22     thought Your Honours --

23             JUDGE PARKER:  Of the witness.

24             MR. NEUNER:  Thank you, Your Honours.

25             JUDGE PARKER:  It's no doubt my mistake.

Page 1869

 1             MR. NEUNER:  I would read out a summary of the witness's

 2     statement and testimony.

 3             In March 1999, the witness was working at the SAJ base in

 4     Batajnica with a logistical support unit.  His immediate superior was

 5     K87.  In early April 1999 the witness saw three civilian trucks parked

 6     outside the firing range at the SAJ base in Batajnica.  Later, K87

 7     informed the witness that the truck contained dead bodies and that he had

 8     received instructions that these were to be buried at the Batajnica

 9     centre.  K87 instructed the witness to dig a hole with a mechanical

10     digger and to bury the bodies.

11             In order to dig a hole deep enough to bury the bodies, the

12     witness made a decline of about 40 metres long.  Another person reversed

13     the truck down that decline with the rear door open.  The bodies fell out

14     of the truck into the hole.  The witness then used the mechanical digger

15     to cover the hole with soil.  After three to five days, K87 told the

16     witness to come to the base.  Another truck containing dead bodies was

17     there.  The witness dug a new mass grave to bury these bodies.  On

18     subsequent occasions, the witness had to bury more bodies at the

19     Batajnica base.  In total, over a period of 20 days, there were about six

20     deliveries and burials of bodies at Batajnica.

21        Q.   Witness, could you just explain to us what does SAJ, S-A-J, mean.

22        A.   Special Anti-Terrorist Unit, which is part of the

23     Ministry of the Interior.

24        Q.   And what were the specific tasks of the SAJ in 1999?

25        A.   The tasks were for the most part to deal with hostage situations,

Page 1870

 1     when planes were hijacked, ships, and other ground vehicles.  If there

 2     were large groups of criminals, this unit would have been in charge of

 3     arresting them or terrorists.  That for the most part were their purpose.

 4        Q.   Was the SAJ unit wearing any insignia; and if so, how did these

 5     insignia look like?

 6        A.   They had their own insignia, unlike any other.  There was a coat

 7     of arms, the writing on it said "police," and the abbreviation SAJ, I

 8     think it was in Cyrillic.

 9             MR. NEUNER:  Could we have Exhibit 327 being displayed on our

10     screens, and it's a two-page exhibit.  If we could have one page on the

11     left and the other page on the right-hand side, please.

12        Q.   And, Witness, when this will pop up I will just ask you to tell

13     us which insignia, if any, is from this SAJ unit.

14        A.   Yes, I think number 12, number 12.

15        Q.   Thank you.

16             MR. NEUNER:  The exhibit can be removed.

17        Q.   In paragraphs 3 and 8 of your statement, which I just tendered,

18     you mention that Zivko Trajkovic was the commander of the SAJ.  Could you

19     tell me, in 1999 to whom did Mr. Trajkovic report to directly?

20        A.   Mr. Trajkovic reported directly to Mr. Djordjevic,

21     Vlastimir Djordjevic, the head of the public security sector.

22        Q.   I have now a map for you and this is 65 ter number 1.02, and once

23     this is popping up on the screen I would ask you to indicate for us where

24     the training centre was where these graves were dug, which you mention in

25     your statement and testimony.

Page 1871

 1        A.   The spot that I marked, roughly speaking.

 2        Q.   Could you mark a 1 next to this circle which you have drawn.

 3        A.   [Marks]

 4        Q.   Thank you.

 5             MR. NEUNER:  Your Honours, I would seek to tender that.

 6             JUDGE PARKER:  It will be received.

 7             THE REGISTRAR:  As Exhibit P372, Your Honours.

 8             MR. NEUNER:

 9        Q.   In paragraph 22 of your statement you talk about the second

10     delivery of bodies to Batajnica, and with regard to the truck drivers you

11     mention that, and I quote:

12             "They had driven it there the day before."

13             And you later continue, and I quote:

14             "By their accent I could tell they were Montenegrin.  They were

15     in blue camouflage uniforms, probably reservists."

16             My question to you is:  To which force, if any, did these two

17     drivers belong to?

18        A.   I don't know exactly.  I assume they were part of the reserve

19     police force which existed at the time and as a matter of fact still

20     does.  I don't know specifically which command they were under.

21        Q.   If I would show you a uniform board, would you be in a position

22     to recognise which uniform these gentlemen wore?

23        A.   Yes, I think so.

24             MR. NEUNER:  Could we have Exhibit 325, please, being displayed.

25        Q.   If you could just state which number, if you recognise any

Page 1872

 1     uniform, these gentlemen wore.

 2        A.   It's difficult to see the number in this photograph, but it's the

 3     one in the upper-right corner, in the corner between number 7 and

 4     number 10 and upwards from there -- it's number 4, yes, I can see it now,

 5     photograph number 4.

 6        Q.   Thank you.

 7             MR. NEUNER:  Your Honours, the Prosecution has no further

 8     questions.

 9                           [Trial Chamber confers]

10             JUDGE PARKER:  Well, as we understand it then, that concludes the

11     available evidence today; is that right, Mr. Neuner?

12             MR. NEUNER:  Yes, Your Honours.

13             JUDGE PARKER:  I take it, Mr. Djordjevic, that, as indicated

14     yesterday by Mr. Djurdjic, you are not in a position to cross-examine

15     today?

16             MR. DJORDJEVIC:  That's correct, Your Honours.

17             JUDGE PARKER:  Very well.

18             Sir, I'm afraid that it is necessary for us to adjourn now and to

19     continue your evidence on Monday.  Depending on your situation, that will

20     either be a matter of enjoyment for you, to spend a holiday in The Hague,

21     or it will be a matter of disappointment that you're kept here, I don't

22     know which.  If it is a disappointment, I'm sorry for that, but we must

23     now adjourn and we will continue on Monday.

24             We need to go into closed session now.

25                           [Closed session]

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 4                           --- Whereupon the hearing adjourned at 2.42 p.m.,

 5                           to be reconvened on Monday, the 9th day of

 6                           March, 2009, at 9.00 a.m.