Tribunal Criminal Tribunal for the Former Yugoslavia

Page 12448

 1                           Monday, 8 March 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.17 p.m.

 5             JUDGE PARKER:  Good afternoon.

 6             While the witness is being brought in, I'd mention that on Friday

 7     just before we finished it was moved by the Defence for the admission of

 8     an overview of recorded criminal offences.  The Chamber has come to the

 9     view that it should receive only those passages that dealt with offences

10     that the witness was able to speak about.  They were each in turn put to

11     the witness in the course of the hearing.  We will receive each of those

12     as an exhibit.  We will not receive any other part of the overview on the

13     basis of the present evidence.  Because this is in total but a very small

14     part of the whole document, the Chamber would direct that the Defence

15     prepare a document which includes only those summaries that were put to

16     the witness.  Once it's checked with the Prosecution, the Chamber will

17     then treat that as the exhibit.  That ought to be done in the course of

18     this week I would imagine.

19             There are two other procedural motions.  From the 22nd of

20     February, the Prosecution sought leave to upload a missing page of

21     Exhibit P1029.  It was the Blue Book of the OSCE.  The Chamber would

22     authorise that missing page to be uploaded and form part of the present

23     exhibit.  On the same day, the Prosecution indicated that it had received

24     an official translation of the document marked for identification as

25     P1532.  The Chamber will grant leave for that to be uploaded into

Page 12449

 1     e-court.  When that is done, the document presently marked MFI P1532

 2     should become an exhibit.

 3                           [The witness entered court]

 4             JUDGE PARKER:  Good afternoon.

 5             THE WITNESS: [Interpretation] Good afternoon.

 6             JUDGE PARKER:  Will you please read aloud the affirmation shown

 7     to you now.

 8             THE WITNESS: [Interpretation] I solemnly declare that I will

 9     speak the truth, the whole truth, and nothing but the truth.

10             JUDGE PARKER:  Thank you.  Please sit down.

11             Mr. Popovic has some questions for you.

12             Mr. Popovic.

13             MR. POPOVIC: [Interpretation]  Thank you, Your Honours.

14                           WITNESS:  BRANKO MLADENOVIC

15                           [Witness answered through interpreter]

16                           Examination by Mr. Popovic:

17        Q.   [Interpretation] Good afternoon, Mr. Mladenovic.

18        A.   Good afternoon.

19        Q.   Mr. Mladenovic, before I start asking questions of you, I will

20     ask you that after you hear the question I asked, wait for a moment

21     before you start answering because we both speak the same language.  We

22     will thus enable the interpreters to do their work properly, and I will

23     also ask you to speak slowly so that they may be able to correctly

24     interpret what you are going to say.

25             Please start by stating your full name.

Page 12450

 1        A.   My name is Branko Mladenovic.

 2        Q.   Thank you.  When were you born and where?

 3        A.   I was born on the 22nd of August, 1968 at Urosevac.

 4        Q.   Mr. Mladenovic, were you a member of the Ministry of the

 5     Interior, or are you still staff of that ministry?

 6        A.   Yes, I was a member of the Ministry of the Interior of the

 7     Republic of Serbia since 1988, and I still am.

 8        Q.   Thank you.  Could you please explain briefly your duties in the

 9     Ministry of the Interior during your career so far.

10        A.   After graduating from the secondary school of the Ministry of the

11     Interior at Vucitrn, I worked as a police officer at the Prizren police

12     station.  After that, in 1989 I was sent to Urosevac where I was also a

13     police officer at the police station.  For a while I was a chief of

14     sector at the Urosevac police station.  For a brief period I was the

15     assistant shift commander, and after that the shift commander of the duty

16     service of the SUP of Urosevac.  From 1993 till 1996 I was inspector at

17     the criminal police combatting drug addiction and drug smuggling.  And

18     from 1996 through 1998 I worked as the assistant commander of the police

19     station of Urosevac.

20             Since the 1st of June, 1998, and until the end of 1999 I was

21     commander of the Stimlje police station.  After the Kosovo police

22     secretariats were relocated to the Republic of Serbia, I worked in the

23     territory of the Smederevo police administration.  In 2001 I was deputy

24     company commander of the Belgrade detachment of the gendarmerie in

25     Belgrade, and from 2002 to 2006 I worked as inspector for violent crime

Page 12451

 1     and sexual offences at the Smederevo police administration.  From 2006,

 2     so -- sorry, yes -- well, from 2006 till now I have worked as chief of

 3     the department for foreigner -- for foreigners for the combatting of

 4     human smuggling and smuggling in general in Smederevo, which work I still

 5     do today.

 6        Q.   All right, Mr. Mladenovic, during my examination I will focus

 7     mostly on 1998 and 1999.  You have already said what you said at that

 8     time.  So speaking about the Stimlje police station, can you tell us

 9     which territory was covered by your police station, that is, from the 1st

10     of June, 1998, when you were appointed commander of the Stimlje police

11     station?

12        A.   At that time the Stimlje police station covered the territory of

13     the Stimlje municipality, including the surrounding villages, Muzicane,

14     Vojnovci, Davidovci, Rasince, Gornje and Donje Godance, then the village

15     of Petrovic, Petrastica, Duga, Karacica, and Zborce, the village of

16     Crnoljevo, Rance, Racak, Malo Poljce, and Petrovo.

17        Q.   Thank you.  What were your powers when you were commander of the

18     Stimlje police station?

19        A.   As commander of the Stimlje police station, I had the competences

20     as laid out by the Law on Internal Affairs, namely to protect the lives

21     and security of persons and their property, the prevention and clearing

22     up of criminal offences, identifying and finding the perpetrators of

23     criminal offences.  Activities had to do with traffic control, the

24     protection of public law and order, securing certain persons and

25     facilities, public rallies and gatherings, as well as certain

Page 12452

 1     administrative business with regard to citizenship, personal IDs, travel

 2     documents, driving licences, and the registration of motor vehicles.

 3        Q.   Thank you.  Who was your immediate superior in 1998 and 1999?

 4     Speaking of these two years, I'm always referring to the period starting

 5     with the day when you were appointed commander of the police station in

 6     Stimlje.

 7        A.   In 1998 and 1999 my immediate superior was the chief of the

 8     department of the police, Mr. Radomir Mitic, and the chief of the SUP of

 9     Urosevac, Bogoljub Janicevic.

10        Q.   Were these persons the ones from whom you received commands and

11     orders and instructions while you were commander of the police station?

12        A.   Let me try and clarify this.  Every -- all the tasks that I have

13     listed are part of my legal obligation.  So each police officer,

14     including myself as a commander, was duty-bound to adhere by the law and

15     act in accordance with the rules, the rule book about the carrying out of

16     our jobs and tasks.  Certain instructions and orders certainly came in

17     from my immediate superior, the chief of the department of the police,

18     Radomir Mitic, and the chief of the SUP, Bogoljub Janicevic.

19        Q.   Thank you, Mr. Mladenovic.  Speaking about the Stimlje police

20     station and the years 1998 and 1999, can you try to explain to us what

21     the security situation in the territory covered by your police station

22     was in 1998 and immediately before the NATO forces started bombing?

23        A.   In 1998 the political situation that previously was very bad in

24     the territory covered by the Stimlje police station, that is, the

25     municipality of Stimlje, was very bad and problematic mostly because in

Page 12453

 1     early 1998 there was a huge escalation of terrorism, certain terrorist

 2     groups that sprung up in that period received support in the surrounding

 3     villages which were in a hilly area covered with forests which made

 4     police control difficult.  And speaking about Petrastica, Zborce, Duga

 5     and Karacica.  Then the village of Crnoljevo, Rance, Racak, Malo Poljce,

 6     and Petrovo.  In those villages, the Albanian terrorists in 1998

 7     established their staffs, and later they forced the civilian population

 8     to take up arms, dig trenches and fortifications, that they would use to

 9     attack the police and the state bodies of the Republic of Serbia.  Due to

10     this very bad situation the police station couldn't protect the civilian

11     population and help them because every -- our attempt to go to those

12     villages resulted in an attack on my patrols by the Albanian terrorists.

13             In that period a certain number of police officers was killed,

14     and in early, or rather, in June 1998 the Pristina-Prizren highway

15     through Crnoljevo, the Crnoljevo canyon, was completely blocked.  That

16     is, the Albanian terrorists gained control over that road.  And they

17     kidnapped several dozen citizens of Serb ethnicity and some individuals

18     of other ethnicity who did not support their activity and their fight.

19        Q.   Thank you.

20        A.   Just a moment, please.  I do apologise, but if I can, I would

21     like to finish.  I keep following this.

22        Q.   Please go on.

23        A.   This situation made it necessary to do the following.  These

24     villages where the terrorists had organised themselves, and those are the

25     villages I mentioned a few moments ago, Albanian civilians started moving

Page 12454

 1     out of these villages and sought refuge in Stimlje, Urosevac, Lipljan,

 2     Pristina.  They were under the control of the police.  After that, a

 3     police action followed by the police staff for combatting terrorism from

 4     Pristina.  So these strongholds were crushed and up until the 12th of

 5     June, 1999, while we kept this area under control, the civilian

 6     population never actually returned to these villages.

 7        Q.   Thank you, Mr. Mladenovic.  I'm sure we'll discuss this in

 8     greater detail during your testimony today.  I would be interested in the

 9     following.  Could you please explain to us the role of communication that

10     you mentioned -- actually, the road between Pristina and Prizren.  What

11     was the importance of that road in general.  And did that road go through

12     the town of Stimlje?

13        A.   This road was very important.  It linked the capital of Kosovo,

14     Pristina, with Metohija, Prizren-Pec-Djakovica, and it went through

15     Stimlje, Crnoljevo, that Crnoljevo gorge through Dulje to Suva Reka and

16     Prizren.  It was important because that was the only road there.  There

17     was an alternative road, but that was much longer via Urosevac,

18     Brezovica, Prevalce, all the way to Prizren.  This road was very

19     important.  It is a road which is like an artery for the life of the

20     civilian population of Kosovo and Metohija.

21        Q.   Thank you, Mr. Mladenovic.  I'm just going to ask you, for the

22     purpose of the transcript, when you spoke about this situation over the

23     past few minutes, did you speak about the security situation in the

24     territory of the police station of Stimlje?

25        A.   Yes, yes.  I spoke of how difficult the situation was in the

Page 12455

 1     territory of the police station of Stimlje because Stimlje as a

 2     municipality borders with Drenica, where the major stronghold of the

 3     Albanian terrorists was.  The forests around these villages were

 4     convenient for the Albanian terrorists.  They hid in those forests and

 5     they used the civilian population as a human shield.  They exercised

 6     violence against them.  The state organs and the police station of

 7     Stimlje were called upon to protect the civilian population.

 8        Q.   Page 5, line 23, says that you'd spoke about the political

 9     situation, but it was actually the security situation.

10             Mr. Mladenovic, I would like to show you some documents, and I

11     would like to hear your comments.  With the permission of the Court yet

12     again we are going to use a binder that we prepared for this witness.

13     Every time when I call up a certain document on the screen, I'm going to

14     tell you what number that is in your binder.

15             MR. POPOVIC: [Interpretation]  Thank you, Your Honours.

16             Now I would like us to look at P357.

17        Q.   That's number 1 in your binder, Mr. Mladenovic.  These are rules

18     about the internal organisation of the Ministry of the Interior, the 31st

19     of December, 1987 is the date.  I would be interested in Article 4,

20     paragraph 31.  It's page 8 in the B/C/S version, and I think it is

21     something similar in English or perhaps it's page 6 in English.

22             Could we just wait for a moment to see the document on our

23     screens.  It's not the right page in English.  I need Article 4.31.  It's

24     two pages before the page that we see now in English.  And in B/C/S, yes,

25     it's the right page.  Yes.

Page 12456

 1             While we're waiting for that page to appear -- yes, yes, this is

 2     the right page in English as well.

 3             Mr. Mladenovic, are you familiar with this document?

 4        A.   Yes, I am.  And it speaks of the internal organisation of the

 5     Ministry of the Interior of the Republic of Serbia from the period of

 6     1987 in Article 4 it says --

 7        Q.   Yes, Article 4, please let us look at 31.

 8        A.   Yes, 31.  It says that Urosevac was established as a secretariat

 9     for the area of the municipality of Urosevac, Kacanik, Stimlje, and

10     Strpce.  In 31 it is the SUP Urosevac and then there is a department in

11     Kacanik.

12        Q.   Yes.  It says in Urosevac a department of the interior of the

13     municipality of Kacanik and police stations in the municipalities of

14     Stimlje and Strpce.

15        A.   That's right.

16        Q.   Thank you.  So that is that Article 4.  It actually defines the

17     internal organisation of the secretariat in Urosevac.

18        A.   These rules also define the work and responsibilities of the

19     police station of Stimlje, or rather, police stations in general, thereby

20     Stimlje as well.

21        Q.   Since we're discussing this, could you please look at Article 48.

22     It should be page 36 in the English or try 39.

23        A.   Article 48 defines the role of the police stations, which is the

24     following.  Police stations shall ensure the safety of citizens and their

25     property on the territory of the municipality for which they have been

Page 12457

 1     established and perform any other internal affairs related tasks on that

 2     territory within their sphere of activity.  They shall directly perform

 3     tasks in the prevention and detection of crimes, the discovery and

 4     apprehension of the perpetrators of crimes and their transfer into the

 5     custody of the competent organs --

 6        Q.   Mr. Mladenovic, we don't need to read the entire paragraph

 7     because we have it here before us in writing.  Could we just hear your

 8     brief comment.  Were these actually the responsibilities that you had and

 9     the work that you carried out at the Stimlje police station?

10        A.   Yes.  This was the work and duties conducted by the police

11     station in Stimlje, the so-called regular work and duties of the police

12     station.

13        Q.   Could you please look at the last sentence in this article that

14     says:

15             "Police stations may include departments as well ..."

16             Did you have police departments within your police station?

17        A.   We did not, but in the period of 1998 after the agreement reached

18     between Milosevic and Holbrooke a temporary branch police station was

19     established in the village of Crnoljevo in order to secure the road

20     between Pristina and Stimlje and then moving on to Crnoljevo, Suva Reka,

21     and Prizren.

22        Q.   Thank you, Mr. Mladenovic.  Tell me, the work and duties you

23     conducted at your police station, did they fall under the regular police

24     work and duties of the public security of the Ministry of the Interior?

25        A.   Yes, only that.  The police station in Stimlje carried out only

Page 12458

 1     that work for which it was organised and that they were supposed to carry

 2     out on the basis of these rules and the law.  There was no other work

 3     that was carried out by the policemen of the police station in Stimlje.

 4     This was regular police work, stemming from these laws and regulations.

 5        Q.   In order to be more specific within your answer, the police

 6     station in Stimlje, or rather, the members of that police station, were

 7     you ever involved in carrying out special security-related police work in

 8     the territory of Kosovo and Metohija?

 9        A.   No.  It was the staff and the special police units that were in

10     charge of that.  We were not involved in such tasks.

11        Q.   Thank you.  We'll discuss this in greater detail as well, so I

12     don't want to dwell on it longer now.  I would be interested in the

13     following.  Would you please explain to me what the ethnic structure was

14     of the members of your police station.

15        A.   It was mixed.  There were ethnic Albanians, Serbs, and Roma.

16        Q.   Can you give us the names of some of the members of your police

17     station who were ethnic Albanians?

18        A.   [No interpretation] --

19             THE INTERPRETER:  Interpreter's note:  Could the witness start

20     again.  We did not hear the beginning.

21             THE WITNESS: [Interpretation] Luri, Nazmi, Hysen, I cannot

22     remember any more.

23             THE INTERPRETER:  Interpreter's note:  Not all names have been

24     recorded.

25             MR. POPOVIC: [Interpretation]

Page 12459

 1        Q.   Thank you.  Mr. Mladenovic, very briefly in relation to this

 2     topic, tell me, did Albanian pupils attend the state school in Stimlje;

 3     and if so, what is your source for this information?

 4        A.   In Stimlje, in addition to the police station of Stimlje, there

 5     was an elementary school.  A large number of children attended that

 6     school from Stimlje itself and from the surrounding villages.  The school

 7     worked all the way up until the beginning of the bombing on the 24th of

 8     March, 1999.

 9        Q.   Thank you.  Tell me, members of the Albanian national minority,

10     did they work in state institutions and state enterprises in the

11     territory of Stimlje?  Again, I'm asking you about your very own direct

12     knowledge.

13        A.   Albanians worked in state organs and organisations.  Truth to

14     tell, their numbers were somewhat smaller than in the 1990s.  However,

15     they had the same kind of jobs that the Serbs had.  After what happened

16     in 1998 and 1999, some of them received threats from Albanian terrorists.

17     So in that period a number of them left their jobs in our state organs.

18        Q.   Thank you.  How many policemen worked at your police station?

19        A.   140.  That was the total number including the active and reserve

20     police force.

21        Q.   And how was work organised within your police station?

22        A.   In the police station all this work that we mentioned a moment

23     ago were carried out through patrols and through a sector-based type of

24     work.  That is how all our work was carried out.

25        Q.   Thank you.  You mentioned a few moments ago when you referred to

Page 12460

 1     the number of policemen in Stimlje, you mentioned active and reserve

 2     policemen.  Did you have reserve policemen on your -- in your police

 3     station?

 4        A.   Yes.  In the Stimlje police station we had members of the reserve

 5     police force as well.  There were 70 of them, about 70, and 68 were

 6     active-duty policemen.  That was their exact number.

 7        Q.   Thank you.  Can you tell me on the basis of whose orders members

 8     of the reserve force were engaged within your police station?

 9        A.   All members of the reserve police force can be engaged only on

10     orders from the minister.  In my police station of Stimlje, they were

11     engaged in that way too, the reservists, that is.

12        Q.   Thank you.  But since we're talking about the number of

13     reservists who are needed within the police station of Stimlje, how does

14     one actually decide what that number will be, and do you play any role in

15     that?

16        A.   I think that this is regulated by some rules, but I believe that

17     the ratio is one to one, that there can be one reserve police officer per

18     active police officer so that it's roughly a one-to-one ratio.

19        Q.   Is there an interdependence, or rather, does the number of the --

20     did the strength of the reserve police depend on the security situation

21     in the territory covered by police station?

22        A.   Yes.  Depending on the security situation and security-related

23     problems, we filed an application for a certain number of reserve police

24     officers to be called up.  We forwarded that application to the

25     department of the police and the SUP of Urosevac, and based on their

Page 12461

 1     assessments, I suppose that they asked the minister for approval; and

 2     having received it, they decided to call up a number of reserve police

 3     officers.  It all went through the department of the police where there

 4     was an officer in charge of the reserve police.  Everything we spoke

 5     about goes through the department of the police and the officer in charge

 6     of the reserve police force.  As a police station we could only relay the

 7     security-related problems and ask for approval to use reserve police

 8     forces to carry out our security-related tasks.

 9        Q.   When you speak about the security-related tasks, what kind of

10     tasks exactly are we talking about?

11        A.   I'm always referring to our regular tasks and our regular work,

12     which our -- for which we are responsible under the law.  I can enumerate

13     them.

14        Q.   Now, that will not be necessary.  Was there a special way of

15     organising the personnel to go about their regular work and duties, given

16     the fact that the reserve police were also used?

17        A.   The reserve police could not carry out any tasks independently.

18     They did so with active police officers.  The patrol leader was always an

19     active police officer who only was assisted by a reserve police officer,

20     and it was the active police officer who was responsible for their work.

21     Reserve police officers were only used as assistants to the active police

22     officers.

23        Q.   Thank you.  Do you know what reserve branch police stations were

24     and what was their organisation?

25        A.   Reserve branch police stations are a familiar notion.  They

Page 12462

 1     existed in 1998 and 1999.  We were unable to defend all the villages that

 2     were threatened by the Albanian terrorists, and therefore, some reserve

 3     police officers who hailed from those villages organised village guards

 4     for their homes and villages.  They were armed.  That was their role.

 5     And this went on until they were engaged as reserve forces of either the

 6     military or the police.  Until that time they guarded their villages and

 7     homes.  Among them, there were also armed Albanians and armed Serbs too.

 8     This part of the work also went via the department of the police and the

 9     officer in charge of these aspects, namely, the reserve personnel and

10     reserve branch police stations.  They had radio stations and were able to

11     submit information regularly, report to us, so that we could come there

12     fast to help them if necessary.  At Muzicane, Rasince, Gornje Godance and

13     Donje Godance, at Petrovic, and perhaps at other villages too, there were

14     such organisations.

15        Q.   Thank you.  But let us be more precise for the sake of the

16     transcript.  My question and your answer do not refer to reserve police

17     stations but reserve police departments?

18        A.   Yes, that is correct.  They did not have bases of their own, they

19     didn't have facilities.  They were locals who were simply at their homes

20     and guarded their homes.  They were self organised.  They were self

21     organised to protect their homes and villages, and the villages I listed,

22     Muzicane, Rasince, Gornje Godance, Donje Godance, and Petrovic had such

23     village guards, so in the day-time and in the night-time too police

24     patrols would call on them and thus we provided protection to those

25     villages.

Page 12463

 1        Q.   Tell me, the people who were members of reserve police

 2     departments, did they have their war time duties, and what would have

 3     happened if they -- or what would happen if they received calls to

 4     report?

 5        A.   Yes, they all had served in the army earlier and had their war

 6     time duties.  So they belonged to either the police or the army as

 7     reserve forces.  And if they should be called up under their war time

 8     duties, they were obliged to proceed in accordance with that.

 9        Q.   Thank you.  Could you please explain to me, you mentioned that

10     the Albanian population was also armed when we were speaking about the

11     reserve police departments.  Can you clarify, and could you provide

12     examples, who were these people?

13        A.   They were civilians who lived in those villages.  They were loyal

14     and hard-working citizens.  They were afraid for their families.  And

15     since they were reserve police officers or reserve soldiers, they were

16     armed as all other members of the reserve forces of either the police or

17     the army.  I now cannot remember everybody's names, but I remember the

18     families Qeremi and Olluri, they were all of them practically involved.

19     I didn't have the list nor did I keep a register.  It was kept by the

20     department of the police, the officer who was in charge there for the

21     reserve forces and these reserve police departments.

22        Q.   Thank you, Mr. Mladenovic.

23             MR. POPOVIC: [Interpretation]  Could we now please see document

24     P257.

25        Q.   It's number 2 in your binder, sir.  Let me ask you some general

Page 12464

 1     questions.  Did you have members of special police forces in your police

 2     station?

 3        A.   Yes.  There were 11 uniformed police officers who were members of

 4     a special police unit.

 5        Q.   Thank you.  To which company did these police officers from the

 6     Stimlje police station belong?

 7        A.   I'm not sure, but I believe that they were members of the 6th

 8     Company of the 24th Intervention Brigade, that's the Urosevac company.

 9     They were staff of that Urosevac company, and the company itself was part

10     of the 124th Intervention Brigade.

11        Q.   Before we continue with the 124th Intervention Brigade, let me

12     ask you whether you during your police career were ever a member of a

13     special police unit?

14        A.   Yes, I was in 1993 and 1994.

15        Q.   As members of this special police forces, did you ever take part

16     in any special assignments in 1993 and 1994; if so, which?

17        A.   Yes.  I was a member of a special unit that would task -- that

18     was tasked with breaking up the demonstrations in Belgrade.  I believe

19     that I was involved in such activities two times.

20        Q.   Thank you.  Do you remember when you were breaking up the

21     demonstrations in Belgrade who commanded your unit which was brought

22     there from Urosevac?

23        A.   I cannot remember precisely because it was a long time ago, but I

24     believe that there was a staff that commanded these special units.  The

25     staff was in Belgrade, but I don't remember who the commander was.

Page 12465

 1        Q.   It isn't really necessary for you to remember the commander's

 2     name.  It was quite some time ago.  But these units, I mean the PJPs,

 3     were they used in all of Serbia?

 4        A.   Yes, they were established for the entire Republic of Serbia and

 5     they had the task of taking action in territories where the security

 6     situation demanded that.  But this was directly controlled by the

 7     minister, so I don't to go into that.

 8        Q.   Yes, we'll see a document about that.  Before that, tell me about

 9     these PJPs, were they regular police units, or were they established

10     according to need?

11        A.   No.  The PJPs are not regular police units.  They are deployed

12     depending on need.

13        Q.   Thank you.  As far as you know, in 1996, 1997, 1998, or 1999 were

14     they used in the territory of the Republic of Serbia; and if so, what

15     were the reasons for their use?

16        A.   I cannot remember precisely where they were used, but in 1996 I

17     think that they were used to provide security to certain personalities,

18     on the occasion of demonstrations in Belgrade or Novi Sad, in Kosovo.

19     And in 1998 and 1999 they were also used to combat terrorist activities,

20     that is, in terrorism enforcement.

21        Q.   Thank you.  Please now take a look at the exhibit that you have

22     in front of you.  This is a decision on the establishment of the 124th

23     [Realtime transcript read in error "144th"] Intervention Brigade.  Were

24     the members of the PJPs from your police station part of the

25     establishment of this brigade?

Page 12466

 1        A.   I think it doesn't say here, but they were members of the 6th

 2     Company of the 124th Brigade -- this brigade.

 3        Q.   I can see a mistake in the transcript.  So the question was about

 4     the 124th intervention brigade of the PJP.

 5             Mr. Mladenovic, when they were not engaged as members of the

 6     PJPs, what were the tasks of those staff of your police station who were

 7     also members of the PJPs?

 8        A.   When they were not engaged in their capacity of PJP members, they

 9     worked or they carried out their regular duties and tasks of their

10     respective police stations.  They had different tasks.  Those from my

11     police station were shift commanders, chiefs of sections, or regular

12     police officers.

13        Q.   Thank you, Mr. Mladenovic.  Tell me, we speak directly about the

14     PJP members from the Stimlje police station.  How did you call them up,

15     based on whose orders, and where did you send them, referring to the PJP

16     members from your police station?

17        A.   I never received a written order for their engagement.  That went

18     through the SUP at Urosevac and the department of the police at Urosevac.

19     Mostly it went like this:  The chief of the department of the police, my

20     immediate superior, informed me mostly over the phone.  He would say when

21     the members of the PJPs shall be prepared and inspected, and relocated to

22     the respective PJP unit for subsequent tasks.  Once we transferred them

23     there, they carried out their respective assignments as commanded by

24     their superiors.  I mean the superiors from the PJP.

25        Q.   What was the name of the commanding officer of that company of

Page 12467

 1     the PJP that included officers from your police station?

 2        A.   The commander was Milan Lecic.

 3        Q.   Thank you.  When you receive orders from the department of the

 4     police, yes, department of the police, what were you duty-bound -- what

 5     was your duty with regard to the preparation of the members of the PJP?

 6        A.   My only duty was of a logistic nature.  We should -- we were

 7     supposed to call them up, to inspect them with regard to their equipment

 8     and weapons, and transport them to the place they were supposed to report

 9     to carry out subsequent tasks.  No more.

10        Q.   Thank you.  From the moment when members of the PJPs from your

11     police station were sent in this way, what is their relationship towards

12     you after that, in your capacity as commander of the Stimlje police

13     station?

14        A.   From the moment when they are engaged in the special unit, when

15     they report to the special unit, to the PJP, they had nothing more to do

16     with me and our police station.  From that moment onwards, I was no

17     longer their superior officer, and I did not receive any reports about

18     their further engagement or could I put any questions in that respect.

19     Everything that had to do with discipline, criminal responsibility,

20     et cetera, was transferred to the chief of SUP.  I would receive

21     information about that, though, because in accordance with the

22     instructions on how to keep police station records, we kept a book of

23     responsibility of our employees at the police station.  That is why I

24     could just receive information to the effect that, say, disciplinary

25     proceedings were initiated against a member of the police station or for

Page 12468

 1     a minor infraction.  Nothing that had to do with their specific tasks.

 2        Q.   My direct question will be whether you received any information

 3     in relation to anti-terrorist actions or operations that were carried out

 4     by members of the PJPs from your police station?

 5        A.   No.  I did not receive such reports or were they duty-bound to

 6     report to me about their actions and operations.

 7        Q.   Mr. Mladenovic, as you explained to us already, after you'd send

 8     these members of the PJPs would you submit any further reports to the

 9     police administration department?

10        A.   No.  Since I received these orders orally, after sending the

11     members of the PJPs from my police station further on, I only informed my

12     superior over the telephone.  At that time it was Radomir Mitic.

13        Q.   Very briefly, what is it that you informed him about?

14        A.   In the briefest possible terms, that in accordance with his order

15     members of the police were sent, as instructed, with equipment and arms

16     to Urosevac.  That is where they gathered most of the time and then they

17     were engaged there.  That would be it, that the task was accomplished as

18     it had been set.

19        Q.   Thank you.  Bearing in mind what you just told us just now, who

20     commanded the forces of the PJPs in the territory of Kosovo during 1999?

21        A.   In the territory of Kosovo, the PJP forces were commanded by the

22     staff for combatting terrorism of the MUP of the Republic of Serbia,

23     headquartered in Pristina.

24        Q.   Where do you get that knowledge, Mr. Mladenovic?

25        A.   From the collegium from the chief of SUP, Bogoljub Janicevic.  We

Page 12469

 1     had regular collegium meetings there, and I regularly attended them on

 2     Mondays, sometimes even two or three times a week depending on the

 3     security situation and the problems that we had to resolve.  At one of

 4     these meetings the chief informed us that the minister established a

 5     staff in Pristina to combat terrorism and that the commander of this

 6     staff was Major-General, as he was at the time, Sreten Lukic.  And that

 7     that staff directly answered to the minister for all activities.  They

 8     are subordinated to the minister, and the minister has direct control

 9     over the most important security problem that existed in that period of

10     time in Kosovo.  Also, all police units are subordinated to that staff,

11     the staff for combatting terrorism in Kosovo and Metohija in Pristina.

12        Q.   Mr. Mladenovic, did you tour your PJPs once they left, as you

13     explained to us?

14        A.   No.  I was not duty-bound to tour these units, and I did not do

15     so.  As a matter of fact, we were strictly prohibited from interfering in

16     their work.  That is to say that from the moment when they were engaged

17     in a PJP, they -- we had no further obligation in relation to them.

18        Q.   Thank you.  Did you ever receive any tasks that were -- that

19     would involve special security tasks?  I'm referring to you and your

20     police station and I'm not referring to the members of the PJPs.

21        A.   We never received such tasks.  Our only task was to carry out

22     those tasks that were prescribed by law.  I referred to them a moment

23     ago, and if necessary I'll go through it again.  Our only duty was to do

24     that.  As a matter of fact, there was even an order to the effect that by

25     no means should any persons who are not members of the PJPs be involved

Page 12470

 1     in tasks carried out by the PJPs and that we should not expose to further

 2     dangers our policemen who were not trained for carrying out such police

 3     work.  That is to say that our only duty was to carry out the work

 4     specified in our rules.

 5             MR. POPOVIC: [Interpretation] D131, please.

 6        Q.   It's number 3 in your binder.

 7                           [Trial Chamber and Registrar confer]

 8             JUDGE PARKER:  This document is under seal I am told,

 9     Mr. Popovic.

10             MR. POPOVIC: [Interpretation] I assume that they are right.  This

11     is a document that was admitted into evidence when a protected witness

12     was testifying.  Therefore, I would suggest --

13             JUDGE PARKER:  It should not be displayed outside the courtroom

14     then.

15             MR. POPOVIC: [Interpretation] I would then kindly ask that we

16     move into private session so that we can have a look at this document.

17             JUDGE PARKER:  It should be able to be displayed within the

18     courtroom, and I can see there are no people in a close position able to

19     view the screens.  So we will proceed on that basis.

20             MR. POPOVIC: [Interpretation] Thank you.

21        Q.   Mr. Mladenovic, I'm now going to ask you to have a look at this

22     Official Note dated the 28th of September, 1998.  Could you please tell

23     us briefly what this is all about.  Could we hear your comments.  Since

24     this document is under seal, would you kindly not make any comments in

25     relation to the actual names you will see in this document.

Page 12471

 1        A.   This document is an Official Note.  It is a standard document

 2     that would be sent by a policeman who had carried out an official duty on

 3     the basis of the authority he had.  It says here that a certain number of

 4     persons were brought in to custody at the police station in Stimlje, a

 5     certain number of persons were brought in.  And these same persons were

 6     handed over to the crime police department of the Urosevac SUP.  This had

 7     to be done whenever citizens would be brought in so that there would be

 8     records of that at the police station, that the persons were brought in

 9     and what happened to them afterwards.  One copy accompanies the persons

10     there -- mentioned therein, in this case SUP of Urosevac, for taking

11     further action.  These were probably persons who were linked to

12     terrorists.

13        Q.   Thank you.  I'm now going to ask you to read to yourself, not

14     aloud, please.  Who compiled this Official Note and tell me yes or no as

15     to whether you know this person, and we'll go into detail in closed

16     session.

17        A.   I know the person.  This is a policeman from my police station.

18     At that time, the police station in Stimlje.

19        Q.   Thank you.

20             MR. POPOVIC: [Interpretation] Can we now look at P1041.

21        Q.   It's number 4 in your binder.

22        A.   This is a document --

23        Q.   Actually, just a moment.  I'm going to put some questions to you

24     in this regard.  The date is the 21st of October, 1998.  The Ministry of

25     the Interior, the staff of the ministry.  What staff is referred to in

Page 12472

 1     the heading of this document, Mr. Mladenovic, do you know?

 2        A.   That is the staff that was established in Pristina, the staff for

 3     combatting terrorism.  I assume that that's that staff, the one from

 4     Pristina, because that's the only staff that was there.

 5        Q.   Thank you.  In the first paragraph it is stated that in order to

 6     consistently implement tasks arising from the agreement on the OSCE

 7     mission in Kosovo and Metohija, it is necessary to undertake the

 8     following ..."

 9             Are you aware of the existence of this mission; and if so, can

10     you tell us something about that in greater detail?

11        A.   Of course I'm aware of the agreement.  We called it the

12     Milosevic-Holbrooke Agreement.  That agreement allowed verifiers from the

13     OSCE mission to verify everything that happened in Kosovo at the time.

14     On the basis of this agreement verifiers were deployed throughout the

15     territory of Kosovo.  In the municipality of Stimlje I think that there

16     were nine of them, including their commander, Tommy Olofsson [phoen] from

17     Sweden.  I was in contact with him most of the time.  In accordance with

18     this agreement, I could give you my further comments.

19        Q.   Let's deal with it slowly.  First of all, are you familiar with

20     this dispatch, and did you see it at the time when it was sent?

21        A.   Yes, I am familiar with it.  All of us, all the secretariats,

22     received it, all the police stations too because it had to do with what

23     we were supposed to do.

24        Q.   Thank you.  Could you please look at (a) now, paragraphs 1, 2,

25     and 3, it's on the first page.  Please read it to yourself, and could we

Page 12473

 1     just hear your brief comment.  What is it that this dispatch envisaged?

 2        A.   As you can see, in this document members of the mission enjoyed

 3     diplomatic immunity, and they are allowed to move about and stay in the

 4     territory, and it is our duty to provide them all assistance in carrying

 5     out the tasks entrusted to them on the basis of the agreement.  This also

 6     spells out in specific terms what the obligations of police stations are.

 7     At the request of members of the mission, they are duty-bound to give

 8     them all information that they seek.  Also, they say what the level is

 9     because they were organised according to the same hierarchy as we were.

10     They had their commander, deputy commander, et cetera.  So contact was

11     supposed to take place, as was the case in our country, commander with

12     commander, deputy commander with the deputy commander, and so on.  If the

13     ranking officer is not there, then the next person in the chain was

14     duty-bound to communicate with them and to give them all necessary

15     information.  On page 2 --

16        Q.   Thank you.  Let us move on to page 2 of this document.  So (b),

17     reporting and information.  What is this all about and what kind of

18     reports did you send?

19        A.   This is a continuation of the same document, and it has to do

20     with the obligations of the organisation -- organisational unit, police

21     station in my particular case.  In terms of reporting and informing about

22     provocations, attacks, movements, et cetera, we in the police station did

23     not have such movements, so not everything pertained to us, but this was

24     written for the entire secretariat.  Then also there is a part that deals

25     with resubordination, that they were being resubordinated as spelled out

Page 12474

 1     in this document.

 2        Q.   Thank you.  Number 2, police actions carried out.

 3        A.   This did not pertain to the Stimlje police station.  I'm saying

 4     that this is a dispatch, a circulatory dispatch that was sent to all

 5     secretariats.  So everyone reported from the point of view of their own

 6     province of work, the police station of Stimlje was not engaged in such

 7     actions and therefore did not report about any actions.

 8        Q.   Thank you, but let us be precise.  When you say "to all

 9     secretariats," do you mean --

10        A.   I mean all secretariats in Kosovo and Metohija, seven in all,

11     Mitrovica, Pristina, Pec, Prizren, Urosevac, Gnjilane, and Djakovica.

12        Q.   Thank you.  Mr. Mladenovic, let me ask you whether you know that

13     the road from Prizren through Suva Reka to Pristina was part of the

14     agreement and providing security to that road was foreseen by the

15     Clark-Naumann Agreement, as it was called.  And this road was specially

16     mentioned as a road to be controlled by the security forces of Serbia?

17        A.   Yes, I know that.  I was informed about that at one of the

18     regular meetings that we had with the chief of the secretariat of the SUP

19     at Urosevac.  I never saw the details of that agreement.  But at the

20     meeting we were told that under that agreement the highway was to be

21     controlled by the police forces.  That is, there was a temporary police

22     squad to protect that road and some military forces were also to stay

23     there to protect it.  I believe that was made clear in the agreement, and

24     the strength of those units was also determined.

25        Q.   As you haven't seen that agreement, I will not show it to you

Page 12475

 1     now, but you knew that the units of the VJ were involved in the

 2     protection of that communication?

 3        A.   Yes.

 4        Q.   And providing security to that road by the police, did it involve

 5     your police station in -- for part of that road, and how did you go about

 6     it?

 7        A.   We had monitoring posts from Stimlje through Belince, Crnoljevo,

 8     along the road in the hills above the road, not on the road itself, and

 9     all the way to Dulje through the Crnoljevo canyon.  Since this is a long

10     stretch of road and the police station didn't have enough staff to carry

11     out the task, it was decided at the level of the Urosevac SUP and

12     probably at a higher level too, it -- that the SUP of Urosevac establish

13     a company that will consist of active and reserve police officers and

14     that was at the level of the entire SUP, which means that every police

15     station, Stimlje, Strpce, Kacanik, and Urosevac shall provide one platoon

16     each, one platoon of police which will make up a company.  That company

17     will deploy from Stimlje until Sumareva Kucica just outside Crnoljevo,

18     whereas the Gnjilane company, which was also composed of reserve and

19     active police officers, was deployed from Sumarevo Kucica all the way to

20     Dulje, but not on the road itself but in the hills above it.  Mostly we

21     took possessions of the trenches that had been dug by the Albanian

22     terrorists in -- when they wanted to block that road.  Our units were at

23     observation posts to provide security to that road.  That was the only

24     task of these temporary police squads, and certainly there was traffic

25     police that controlled the entire highway.

Page 12476

 1        Q.   Thank you, but when you were speaking about providing security

 2     and observation posts that were there, were you referring to regular

 3     police duties that were part of the public security sector?

 4        A.   Yes.  These were regular duties, and they were carried out by

 5     regular units.  They were not members of PJPs nor were they involved in

 6     any combat operations.  Their only task was to be deployed at the

 7     locations laid out in the agreement and the monitors verified that

 8     together with us and they were present until just before the bombing.

 9        Q.   Thank you, Mr. Mladenovic.

10             MR. POPOVIC: [Interpretation] Your Honours, Exhibit D136 was also

11     admitted under seal.  It's a document dated the 6th of November, 1998.  I

12     believe the situation is the same as with the previous document.  It

13     contains some brief information, or rather, I would like to ask some

14     brief questions to elicit information about its contents.  But as it's

15     almost time for the break, I don't know whether We should do that now or

16     later.

17             JUDGE PARKER:  We will have the break.  We will resume at a

18     quarter past 4.00.  At that time the document can be displayed in the

19     court and not outside of the court.

20                           --- Recess taken at 3.44 p.m.

21                           --- On resuming at 4.17 p.m.

22             JUDGE PARKER:  Mr. Popovic.

23             MR. POPOVIC: [Interpretation] Thank you, Your Honour.

24             Could we please have D132.  It was under seal, hence I would

25     kindly ask that it only be broadcast within the courtroom.

Page 12477

 1        Q.   Mr. Mladenovic, that is your tab 6.  It is dated the 6th of

 2     November, 1998.  We see that the title is Official Note on intelligence

 3     in connection with organising of terrorists in the village of Racak.

 4     Could you please read out the document for yourself and comment on it.

 5     Can you tell us whether you had information of this nature about Racak.

 6        A.   "On 6 November 1998, through a friendly source I obtained

 7     information that on the right side along the stretch of the road leading

 8     from the village of Petrovo to the village of Racak, Stimlje SO, Siptar

 9     terrorists were digging trenches and constructing bunkers and that they

10     were felling lots of trees for the construction of the bunkers."

11             This is an operational document submitted by a member of the

12     police station in Stimlje.  This was an illustration of the events from

13     that time.  In that period, November 1998, Albanian terrorists in the

14     villages erected fortifications and bunkers which they used to attack and

15     offer resistance to the state authorities.  They attacked civilians and

16     all those trying to use the nearby roads.  This is not the only

17     operational document which we received.  It is one out of many that were

18     drafted by the policemen at the time.

19        Q.   Thank you.  To support that I would kindly ask to have D133

20     displayed.  According to the information I have, this document was not

21     under seal.

22             It is your tab 7.  It is dated 18 November 1998.  Please look at

23     the first paragraph.  You don't have to read it out loud, only to

24     yourself, and please offer your comment.  In particular, can you tell us

25     whether this tallies with the information you had about Racak at that

Page 12478

 1     time.

 2        A.   This document was drafted by the SUP in Urosevac and sent to the

 3     MUP staff for the autonomous province of Kosovo and Metohija and

 4     Pristina.  Its contents speak of the villages around Racak as well as the

 5     villages around Stimlje, out of which civilians were moving out for

 6     reasons of fear.

 7        Q.   Please focus on the second sentence in the first paragraph, which

 8     says:

 9             "... KLA had come to Racak village and ordered the locals to

10     leave the village because greater numbers of them wanted to move into

11     it."

12        A.   That is correct.  They ordered the same thing in each and every

13     village where they planned to set up their strongholds.  Civilians, of

14     course, fled such areas, foreseeing clashes between the KLA and the

15     police.

16        Q.   Thank you.

17             MR. POPOVIC: [Interpretation] Could we next please have 65 ter

18     document 1187 from the Defence list, which is D008-5625.  That is the

19     document.

20        Q.   Mr. Mladenovic, it is your tab 8.  We see that this is a

21     statement on the 22nd of November, 1998.  This is the date of the

22     statement.  Please look at the second paragraph.  Read it and comment on

23     it briefly.  But before that, just have a look at who the authorised

24     officials are at the bottom of the document, Jasovic and Sparavalo.

25        A.   This statement was taken from -- should I mention the name or

Page 12479

 1     not?

 2        Q.   You may do so.

 3        A.   Mustafa Metush.  He is from Racak, the municipality of Stimlje.

 4     The statement was taken in the crime police department.  The two people

 5     mentioned, Mr. Jasovic and Sparavalo were two crime inspectors in the

 6     Urosevac SUP.  As for Mustafa Metush, he stated that Isak Musliu, a.k.a.

 7     Qerqiz, held a meeting in the mosque.  He requested that the locals

 8     provide funds, 200 German marks each, which were to be used to buy

 9     weapons.  They used the same system in many villages.  They would gather

10     assets and use such monies to buy weapons.  Each inhabitant of the

11     villages had to also participate in the digging of trenches and erecting

12     bunkers for their needs.  Whoever lacked funds had to provide them with

13     oil, flour, or foodstuffs.  There were also individuals who had

14     machinery, such as tractors and diggers, which they had to use to dig

15     trenches and roads for the use of the KLA.  There is a path or a road

16     between Rance and Jezerce which was made by KLA members with the

17     assistance of locals.  There was much discussion about this because

18     people were already going through lots of hardship, and yet they had to

19     dedicate certain funds for their needs.  Whoever disobeyed, things

20     happened to him.

21        Q.   Please look at the penultimate paragraph.  Read it to yourself

22     again and comment, please.  Did you have such information at the time?

23        A.   This is correct, I suppose, because many houses at that time had

24     been abandoned by the locals who were fearful of clashes between the

25     terrorists and police.  Such empty houses, which were not under the

Page 12480

 1     protection of the police station because they couldn't be due to their

 2     location, became criminal targets.  Such houses were looted by people

 3     from that or nearby villages.  That is why the abandoned house is

 4     mentioned here, and it is stated that such houses are being looted.  It

 5     doesn't say by whom, but it was probably by such groups.  This is what

 6     was taking place at the time.

 7        Q.   Yes, we see a certain Mehmet Cazimi and Idriz Mehmeti mentioned

 8     in the same paragraph.  It says they lived on the hill above the old

 9     folks' home, and I know that they have committed many crimes stealing

10     from the abandoned houses in Racak?

11        A.   Yes.  Is that correct.

12             MR. POPOVIC: [Interpretation] Your Honours, I seek to tender this

13     document into evidence.

14             JUDGE PARKER:  Yes, it will be received.

15             THE REGISTRAR:  Your Honours, that will be Exhibit D00818.

16             MR. POPOVIC: [Interpretation] Thank you.

17             Could we please have D135 displayed.

18        Q.   It is your tab 10, Mr. Mladenovic.

19             MR. POPOVIC: [Interpretation] I have just been notified that it's

20     not under seal.  I think we agree that it is not under seal.

21        Q.   It is hardly legible.  It is your tab 10, and the document is

22     dated 18 December 1998.  It says here:

23             "Several short bursts of fire were opened from Racak village on

24     the Stimlje police station.  Members of the police did not respond to the

25     fire."

Page 12481

 1             Signed by sergeant first class Svetomir Bocic.  Can you please

 2     comment on what is contained in the document.

 3        A.   This is probably a dispatch sent from the duty office of the

 4     Urosevac SUP to the staff.  In signature we have Svetomir Bocic.  I know

 5     him in person.  He was the shift leader in the Urosevac SUP.  This event

 6     was recorded in our police station, I recall it.  The attack came from

 7     the village of Racak.  At the time in Racak there were certain terrorist

 8     groups stationed there.  We had a forward security detail of a SUP

 9     building which was attacked from their positions.  The attack was

10     registered, but we did not return fire.  I think this was also discussed

11     later with the verifiers.  This dispatch was sent to the staff as a

12     regular dispatch on daily events in connection with the previous

13     information on the types of reporting.

14        Q.   I don't think we can see that in this document, hence it is your

15     presumption?

16        A.   Yes, it is.  We also cannot see any stamps here.

17        Q.   Thank you.  Could we next have D136.  It is your tab 11.  Have a

18     look at page 2 of the document, please, and confirm to us whether you

19     indeed drafted and signed this document.

20        A.   Yes, the signature is mine.

21        Q.   Thank you.  This is a report on contact with members of the OSCE

22     mission dated 21 December 1998.  First of all, please explain to us how

23     you communicated with OSCE mission members.

24        A.   We communicated with them as of the moment of their arrival.

25     This is of course concerning my area, the area of the municipality and

Page 12482

 1     police station of Stimlje.  We agreed on the times that we were to meet.

 2     At first it was daily, but later on, due to the increasing work burden on

 3     our part it was on Mondays and Fridays.  And of course as the situation

 4     required in case there were more serious incidents and cases of

 5     disturbing law and order.

 6        Q.   Thank you.  Let us comment on a few things.  First of all, tell

 7     us who did you send this report to?

 8        A.   My obligation as an authorised official was to report on every

 9     contact we had with the OSCE to the chief of the police department.

10     There was a conversation I had with the OSCE members, which is what I

11     wrote this report on and forwarded it to the SUP in Urosevac, and I

12     believe they would then forward such information to the staff although

13     it's my assumption only.

14        Q.   Thank you.  It seems everything is in the transcript.

15             In the first paragraph it says "without prior notice."

16        A.   Yes.  This was according to the agreement.  They did not need to

17     notify us in advance when they wanted to establish contact or when they

18     wanted to inquire about a certain event.  They were free to visit at any

19     time of day or night.  They could enter the police station and request

20     that they see someone to whom they could put questions.  It says here

21     that this was without prior notice and on their initiative.  We can see

22     from the document what they wanted to discuss.

23        Q.   I'll lead you through it.  I'm interested in the mid-paragraph on

24     the first page.  The sentence begins with "also."  You don't need to read

25     it out loud.  Please provide a comment only because you mention here that

Page 12483

 1     members of all ethnic communities in the territory of Stimlje were under

 2     threat by the terrorists in the villages of Racak, Petrovo, and

 3     Crnoljevo?

 4        A.   Yes, the three villages are referred to because from those

 5     villages there were constant provocations and attacks on the members of

 6     the police.  We shared this piece of information with them, hoping that

 7     they would forward it appropriately to their own superiors.

 8        Q.   Thank you.  The last sentence in the -- that paragraph, read it

 9     to yourself, you mention two attacks of the 17th and the 20th of

10     December, one from the village of Racak, the other from Crnoljevo.  Can

11     you please comment briefly.  Is this what the situation was like in the

12     territory of the Stimlje police station?

13        A.   Yes.  The situation was such, and I state here that they attacked

14     in depth, which is something that is connected with the previous

15     dispatch.  We informed the staff about this.  The other attack was on a

16     check-point where a police patrol was located in charge of securing the

17     town.  So these two armed attacks were registered, and the information

18     was shared with the verifiers.  We did not respond to these attacks, and

19     we did not undertake any further action.  On page 2 it says that there

20     was an explosion about 50 metres from the check-point.  This was probably

21     a shell that exploded which had been launched from a hand-held launcher

22     or a weapon of that kind.

23        Q.   Did you say 50 metres from the check-point?

24        A.   Yes, 50 metres, not kilometres.

25             MR. POPOVIC: [Interpretation] Could we please go to D007-0120.

Page 12484

 1        Q.   It is your tab 12.  Mr. Mladenovic, this is a criminal report

 2     dated 3 January 1999.  It is stated that on the 2nd of January, 1999, in

 3     Stimlje on Lipljanski Put in front of a family house, Enver Gashi was

 4     killed by terrorists, by automatic weapons.  What operational data did

 5     you have about this event, and do you recall it at all?

 6        A.   I remember the event.  This happened on New Year's day, that is,

 7     on the 2nd of January, 1999, but it was a public holiday.  Operative

 8     information indicated that Albanian terrorists shot Enver Gashi with the

 9     intention of killing him because he was loyal to the authorities.  The --

10     this man Enver Gashi was a car mechanic and used to repair cars in front

11     of his house, even our official vehicles.  He was a fair man, and we

12     supposed that this was the reason why they killed him.  Whoever

13     co-operated with the police and was an Albanian suffered their -- from

14     their vengeance.

15             We can see that this document was signed by the authorised

16     official DS.  It stands for Dostan Sabani.  This must have been forwarded

17     to the district prosecutor in Pristina.

18        Q.   Thank you.  Could you just repeat the name of the police

19     inspector who filed this report.

20        A.   Dostan Sabani.

21        Q.   Now it's all right.

22        A.   He was inspector for violent crime and sexual offences.

23             MR. POPOVIC: [Interpretation] I seek to tender this document into

24     evidence, Your Honours.

25             JUDGE PARKER:  It will be received.

Page 12485

 1             THE REGISTRAR:  Your Honours, that will be Exhibit D00819.

 2             MR. POPOVIC: [Interpretation] Thank you.

 3        Q.   Now let's take a look at Exhibit D137.  Mr. Mladenovic, you can

 4     find it under tab 13.  You can go to the second page of the document

 5     immediately and tell us whether this is your signature and whether you

 6     drafted this document.

 7        A.   Yes, it's my signature, and I drafted this document.

 8        Q.   Thank you.  I want to go back to the first page.  It's dated the

 9     4th of January, 1995.  It's a report on the meeting with members of the

10     OSCE version mission.  Let me focus your attention on the second

11     paragraph.  It starts by:

12             "At the moment when the OSCE verifiers arrived and asked for a

13     meeting in my office there was Ibish Qari," if I'm not mistaken, and it

14     goes on to say more about that meeting.  Can you tell us if you remember

15     what this is about?

16        A.   This is a document which like the reports on all these meetings

17     was forwarded to the secretariat at Urosevac.  It's about the arrival of

18     the OSCE verifiers without prior notice, and when they arrived Mr. Ibish

19     Qari born in 1937 was in my office.  He was an old man.  He was going to

20     Racak or Petrovo to visit his daughter who was married there.  And on the

21     road to Petrovo in the village of Malo Poljce he was kidnapped by the

22     members of the terrorist KLA.  There was even information to the effect

23     that Sadik Mujota and his sons were the perpetrators.  They kidnapped him

24     and kept him in a barn of some kind, he was - he isn't sure.  They

25     blindfolded him, and he kept him there for ten days and he only received

Page 12486

 1     food and water once a day.  He somehow managed to escape and then came to

 2     the police station to report the event.  And I was speaking to him in my

 3     office when the verifiers of the OSCE mission arrived, and thus I gave

 4     them an opportunity to get first-hand information about these events.  I

 5     don't know what else I could add.

 6        Q.   In the last paragraph you say that you informed the OSCE mission

 7     members of several terrorist attacks?

 8        A.   Yes.  Here it says that the inspectors of the OKP of Urosevac of

 9     the -- Musa and Vitomir Naskovic were also present during the

10     conversation and so were the verifiers of the OSCE mission.

11        Q.   Thank you, Mr. Mladenovic.  Now please look at the following page

12     of the document.

13        A.   What's your question?

14        Q.   Let us wait for the document to appear on the screen.  My

15     question is:  You say that Ibish Qari reported his kidnapping at the

16     Stimlje police station and asked the MUP's assistance to protect him from

17     the terrorist gangs who had kidnapped him and who had threatened him,

18     threatened him that they would kill him if he were to report the

19     kidnapping to the police.

20             Please comment what this says.

21        A.   Well, that's exactly how it was.  His report was not only a

22     formal act.  He came and -- to ask for protection because they had

23     threatened him.  If he were to report the fact that he was kidnapped and

24     detained, that they would kill his family.  He wanted to see his daughter

25     who was married at -- in one of these villages.

Page 12487

 1             He requested protection from the police.  His house was in

 2     Stimlje, so we visited him regularly.  So he was safe in his house, but

 3     his movement if he was going to Racak or elsewhere was very risky.  Not

 4     only for him but for all loyal citizens.  So we gave him advice not to go

 5     there, and we provided protection to his family throughout the time we

 6     were there, that is, until the 12th of June, 1999.

 7        Q.   Thank you, Mr. Mladenovic.

 8             MR. POPOVIC: [Interpretation] Can we now please see Exhibit D139.

 9        Q.   This is under tab 14 in your binder.  Mr. Mladenovic, this is a

10     report on sighting or contact with members of the OSCE mission dated 10

11     January 1999.  A terrorist attack on the members of the police station of

12     Stimlje is mentioned, and it goes on to say that the OSCE verifiers

13     learned the name of the injured police officer who was transferred to

14     Pristina hospital.  Do you remember this event?

15        A.   Yes.  I remember the event.  I just want to comment on this

16     report.  It is signed by Sasa Draskovic.  At the time he was assistant

17     commander of the Urosevac police station and Svetislav Przic was then a

18     police officer of the Stimlje police station.  He was lethally wounded on

19     the 10th of January, 1999, in the village of Slivovo while he was going

20     home.  There were also Nenad Mitrovic, the deputy commander, and Miroslav

21     Zivic.  They -- all three of them were in a vehicle travelling from

22     Stimlje to Urosevac, that is, going home.  In Slivovo which is after

23     Kosare, between Kosare and Urosevac, they were ambushed, the vehicle was

24     hit and Przic suffered lethal injuries.  Just a moment if you allow me.

25        Q.   We can go into more detail because the following document speaks

Page 12488

 1     in more detail about this very event, so in order to save time, can we

 2     now see Exhibit D138, which is under tab 15 in your binder.  If we could

 3     look at -- yes, this is the document.  Let's go to page 2 immediately.

 4     This is a criminal report, and you can go on with your comment because

 5     this is related to what you were saying.

 6        A.   This is a criminal report filed by -- filed to the secretariat in

 7     Urosevac.  After an on-site investigation at the site of the crime.  This

 8     report proves that the OSCE verifiers immediately upon learning that a

 9     police patrol had been attacked wanted to go there in person to get

10     first-hand information.  And this is a criminal report which after the

11     on-site investigation had been completed -- this criminal report was

12     drafted.

13        Q.   If we look at the second page of the same document we see that

14     there are -- there's a protocol of the on-site investigation.

15        A.   Yes.

16        Q.   This also says that the site of the attack was the Muslim

17     cemetery which is in the immediate vicinity of the road.  Could you

18     explain exactly where that was?  We saw documents about Racak and now

19     this is the section of the road towards Urosevac.

20        A.   The inspectors of the OKP of Urosevac speak about the direction

21     from Urosevac to Stimlje, the village of Slivovo, which is on this main

22     road.  And this Muslim cemetery, so a religious facility, is on the left

23     side if you look from Urosevac toward Stimlje.  It is in the immediate

24     vicinity of the road and there is a groove there.  I used to pass by

25     there all the time because my house is near that village in Urosevac

Page 12489

 1     town.  I passed there regularly, so -- well, I don't think I should

 2     comment any longer.

 3        Q.   All right.

 4             MR. POPOVIC: [Interpretation] Let us now take a look at Exhibit

 5     D140.

 6        Q.   It's under tab 16 in your binder.  The document has only one

 7     page, it's one page long.  It's your report.  You can check the

 8     signature.  Is it your signature?

 9        A.   Yes.  Yes, this is my report.

10        Q.   It was drafted upon the contact you had with the OSCE

11     verification mission, and it's dated 11 January 1999.  Please read the

12     first paragraph to yourself and comment on it, especially with regard to

13     the claims of the verifiers who say that it was peaceful earlier in the

14     area of Stimlje, whereas the situation at that moment was tense.  So

15     please comment on these allegations.

16        A.   Well, that was their comment, that allegedly the situation in

17     Racak was calm, whereas now it was -- it was tense.  I explained to them

18     that the situation was by no means calm.  How could it be if our

19     surrounding villages there were terrorist fortifications and all the

20     population of those villages had moved out?  The women and children had

21     left the houses in 1998, so most of the houses in Petrovo, Malo Poljce,

22     Racak, Rance, Zborce, Duga, Karacica, Petrastica and Crnoljevo were

23     empty.  These were villages near the hills, and there were strong

24     terrorists -- strongholds there.  So in this text I stated that their

25     allegations were not correct, that many people had been kidnapped, and

Page 12490

 1     that Albanian terrorists attack innocent civilians, the army, and the

 2     police from those villages.  So this is one of these documents, and I

 3     forwarded this report to the department of the police, that is, to my

 4     base as stated in the instruction I received.

 5        Q.   Thank you.  Speaking about these women and children who left

 6     their houses in 1998 from Petrovo, Malo Poljce, Racak, Rance, and so on,

 7     where did those people go?

 8        A.   The people from those villages didn't go far then.  They

 9     descended to Stimlje because the town of Stimlje was secured much better

10     so that all those civilians were either in Stimlje or with relatives in

11     Urosevac, Lipljan, Pristina, or Suva Reka, Prizren, depending on where

12     they have relatives.  But mostly they were there.  Sometimes they would

13     go to their village to see their house, but then they would be kidnapped

14     or mistreated or detained there.  So most families took their women and

15     children to towns or villages which were better protected by the police.

16     For the most part, they were put up in Stimlje, but some went to Urosevac

17     or Lipljan or Suva Reka.  So that would be my answer.

18        Q.   Thank you, Mr. Mladenovic.  Now we have come to the events in the

19     village of Racak.  Tell me, do you know anything about the events that

20     occurred in Racak on the 15th of January, 1999, or rather,

21     chronologically speaking what happened, where you were at the time, what

22     you did, et cetera?

23        A.   On the 15th of January, 1999, at 6.00 in the morning I was at the

24     Urosevac SUP where I was supposed to take over a company of a temporary

25     police squad in Crnoljevo and to replace my men who had already been in

Page 12491

 1     Crnoljevo.  The company gathered at the Urosevac SUP.

 2        Q.   Thank you.  Tell me, are we talking here about a temporary police

 3     squad?

 4        A.   Yes.  In that squad we took turns every 15 days, Stimlje, Strpce,

 5     Kacanik, and Urosevac, commanders were company commanders.  We changed

 6     every 15 days and the personnel changed every 15 days too.  So it was our

 7     duty to take the company at the SUP of Urosevac, and then we'd go on that

 8     shift together with our men; and 15 days later we would go back with our

 9     men.  On that day I was supposed to leave at 6.00 a.m. in order to be at

10     that position by 7.00 and that we carry out the hand-over of duty.  At

11     that time we could not leave because I was informed by an officer from

12     the police station that a blockade had been carried out by the traffic

13     police of the Urosevac SUP on the main road between Urosevac and Stimlje

14     and Crnoljevo near the village of Kosare.  And therefore, the company

15     could not go out while that was still the case.  I had no idea at the

16     time what was going on.

17        Q.   Let us just be very specific with regard to some matters and then

18     we'll go on.  Tell me, when you say that you received information from

19     the officer at the police station as recorded here --

20        A.   Yes.

21        Q.   -- tell us, what officer, if you remember.  Not the name and

22     surname, but rather, what was that officer who provided you with that

23     information, what was his duty?

24        A.   It was Milivoj Nedeljkovic.  I remember he was an officer of the

25     branch police station.  He was in charge of legality of work.

Page 12492

 1        Q.   Did you have any information about that, what kind of action is

 2     underway, what is going on, and why the blockade had been placed there?

 3        A.   I did not have any contacts or did anyone inform me about that.

 4     May I proceed?

 5        Q.   Yes, yes, please go ahead.  What happened afterwards?

 6        A.   The entire company stayed there until the same officer let us

 7     know that we could go and start our shift.  That's when we set out,

 8     that's when I led the company.  I think it was around 8.30 in the

 9     morning.  When I arrived to that point there were quite a few vehicles

10     that were still waiting.  They were waiting to be allowed to proceed,

11     civilian vehicles, that is.  I think that we spent some time there then

12     and that then the order arrived to the effect that traffic would be

13     allowed on the road in both directions.  I then went with my column to

14     Stimlje, and I stopped there for about half an hour because I was

15     supposed to take over part of the equipment for Stimlje for the platoon

16     that was in Stimlje.  It had to do with some personal affairs that we

17     needed to take out into the field for cooking, et cetera.

18             When I entered the police station in Stimlje, in my office I

19     found the chief of SUP, Bogoljub Janicevic and Radomir Mitic, the head of

20     the police department.  We exchanged greetings, and Chief Bogoljub

21     Janicevic briefly spoke to me, saying that the PJP under the command of

22     the staff for combatting terrorism from Pristina was carrying out an

23     operation of breaking up terrorist strongholds, but that we as the police

24     station have nothing to do with that and that we should continue our

25     regular activities.

Page 12493

 1             I spent a bit more time there with my assistants who had stayed

 2     on at the police station, namely Zoran Djordjevic and Aleksandar Simic.

 3     I gave them some brief instructions along the following lines:  They

 4     should keep the shift that had been prepared until this event

 5     crystallises, or rather, to see whether any logistical support would be

 6     needed for that action.

 7        Q.   Please, you said if logistical support would be needed for that

 8     action.  What kind of logistical support or assistance in relation to the

 9     police station in Stimlje, if I understand you correctly?

10        A.   Nothing special.  We had two medical vehicles that were on duty

11     there if the wounded were supposed to be transported to hospital.  That

12     would be it because they had their own line of supplies.  Under their

13     command they carried all of that out separately, so nothing special

14     happened there except that the shift should stay there prepared if

15     anything is needed, say, an on-site investigation or other regular police

16     work that we were supposed to carry out.  I left Stimlje at around 9.00

17     or 9.30 a.m., I can't remember exactly, I left the police station at

18     Stimlje.  Nothing unusual happened on that day.  Shooting could be heard

19     from the area of Racak in the hills above Racak and Petrovo.  We went on.

20     We carried out the change of shifts, and I stayed in Crnoljevo until the

21     20th, and it's only on the 21st that I returned to Stimlje due to certain

22     necessities of my own.

23        Q.   Thank you, Mr. Mladenovic.  Now I'd like to go back to some of

24     the things you mentioned for the sake of clarification, things that

25     matter to me, actually.  Tell me, when you came to the police station in

Page 12494

 1     Stimlje, did you notice any units, any PJPs that were not from the police

 2     station of Stimlje or any other members of PJPs?

 3        A.   I did not notice anything special at the police station.  Things

 4     were running as usual except Radomir Mitic was present there and Bogoljub

 5     Janicevic, chief of SUP.

 6        Q.   Thank you.  And tell me, when you entered your office and when

 7     you found the chief of SUP there and the head of the police squad, was

 8     anyone else there with them in that office?

 9        A.   No.  In front of that office there were only two of my

10     assistants, Simic and Djordjevic.  And in the office, in my office, it

11     was only Chief Bogoljub and Mitic, no one else.

12        Q.   Thank you.  Tell me, did you see then in any office or anywhere

13     in or around the police station in Stimlje, did you see Mr. Vladimir

14     Djordjevic there anywhere?

15        A.   No, I didn't see him anywhere.

16        Q.   Could you repeat to me once again around what time you arrived at

17     the police station and when you left it, how much time did you spend

18     there?

19        A.   I cannot give you the exact time, but I think that we left

20     Urosevac around 8.30.  Now, how much time we needed to get to Stimlje,

21     let's say it was up to half an hour.  And then in Stimlje we spent not

22     more than half an hour.  So it is possible that I was there up to 9.30 at

23     the latest or say up until 10.00 -- in the morning, that is, that's what

24     I'm talking about.  That would be it roughly.  I cannot remember the

25     exact time.

Page 12495

 1        Q.   Thank you.  Tell me, you said that Djordjevic, if I'm not

 2     mistaken, your assistant was at the office on that day.  Did he ever

 3     inform you that he saw General Djordjevic on the 15th of January on the

 4     premises of the Stimlje police station?

 5        A.   On the 15th of January no one informed me that General Djordjevic

 6     had been there or that he had come at all.  It was only the chief of SUP

 7     and the chief of the police squad who were in my office.  That's what my

 8     assistants told me.  It's only when I came to the police station in

 9     Stimlje on the 20th, due to certain commitments of my own that I had

10     there, my assistants informed me that General Djordjevic had come on the

11     18th, only three days after this particular event.  Over those three

12     days, the 15th, the 16th, the 17th, and the 18th, they had engaged in

13     heavy fighting, the PJPs, especially with the terrorist strongholds.  And

14     that due to these problems, an on-site investigation could not have been

15     carried out.  They tried to carry out an on-site investigation on the

16     15th and on the 16th, and it was only on the 18th that they managed to

17     carry out an on-site investigation.  When General Djordjevic came and he

18     personally sent out Radomir Mitic, the chief of the police squad, to

19     carry out that duty.  The assumption was that one of the assistants would

20     be sent on that mission with a security detail because they belonged to

21     the police station in Stimlje; however, General Djordjevic then ordered

22     that the chief of the station go with the on-site investigation team.  So

23     the assistants remained and that is the direct knowledge I had about

24     that.

25             Also, they informed me that in the fighting and in the attacks

Page 12496

 1     from a Browning, from the so-called northern hill, which is a place

 2     between Petrovo and Malo Poljce, in the area of the village of Luzac

 3     there was a terrorist base there.  They used a Browning to fire at the

 4     police station.  The police station was hit, and I think that that is

 5     documented, that an on-site investigation was carried out and also that

 6     photo documentation was compiled with how many projectiles the police

 7     station in Stimlje had been hit.

 8             I was informed about that and that was it for this particular

 9     period of time.  I don't know what else you're interested in.

10        Q.   Before the 20th, as you said, did you know who carried out the

11     Stimlje operation or in any -- or in which way this was done?

12        A.   As I said a few moments ago, I received some brief information

13     from the chief of SUP on that day when I arrived at the police station,

14     when I stopped briefly there on the 15th that what was being carried out

15     was a police action by members of the PJPs.  I don't know which ones and

16     I don't know what their numbers were.  It was only that this action was

17     being carried out by the members of the PJPs under the command of the

18     staff for combatting terrorism in Pristina.  The staff was under the

19     command of General Sreten Lukic.  That is the same thing that I learned

20     from my assistants when I came back to the police station on the 20th.

21        Q.   Very well.  Tell me, I'm referring to the 20th now.  When you

22     arrived then, did you receive any information to the effect that this

23     action had been portrayed as a massacre of civilians and the verifiers

24     were already making statements in this regard?

25        A.   Statements were well underway that this had been a massacre that

Page 12497

 1     civilians had been executed and things like that.  That's the kind of

 2     information that was bandied about.  There was even a radio from the area

 3     held by the KLA operating somewhere from Drenica, between 15- and 1700

 4     hours.  On that radio they were providing information allegedly that the

 5     Serb police had carried out a massacre of civilians; that was never

 6     proven of course.  Because these were fighters from the so-called KLA,

 7     UCK they called themselves.  That means in translation the Kosovo

 8     Liberation Army.  That is that terrorist Albanian organisation that

 9     engaged in combat in that area in that period of time.  Later, of course,

10     when an on-site investigation was carried out Finnish pathologists and

11     our pathologists corroborated that.  These were not civilians, rather,

12     they were members of the KLA for Racak, the commander was Sadik Mujota.

13     We all knew that.  He was a man who openly conveyed a message to all,

14     that he had joined the Kosovo Liberation Army, as they called themselves,

15     and that they -- and that he would not stop before he enters the police

16     station and has a cup of coffee there.  Those were his words.  His camp

17     was near the police station at Racak at a point called Cesta.  From there

18     his intention was to place under his control together with his terrorist

19     unit all of Stimlje.  Of course he did not succeed in doing that because

20     that group had been crushed on time.

21             He got killed then, if I remember correctly, together with his

22     sons, Fatmir -- Fadil, I can't remember hat their names were exactly, and

23     his daughter got killed there too.  He also had two brothers who were

24     involved in all of this.  Before that we had had some intelligence, we

25     had the names of all of those who were casualties there, and they all

Page 12498

 1     belonged to this organisation, and for the most part they came from those

 2     villages, Racak, Petrovo, Malo Poljce, and there were people who came

 3     from elsewhere like Vitina and, I don't know, other towns and villages in

 4     Kosovo.

 5        Q.   Thank you.  Tell me now, after these events and the information

 6     you received, when did you return from the duty shift from Crnoljevo?

 7        A.   I returned from Crnoljevo after 15 days, probably on the 30th of

 8     January.

 9        Q.   Thanks.  Do you know anything about the burial that -- the burial

10     of the people who had lost their lives in that operation in Racak, the

11     burial that should have taken place?

12        A.   Yes.  After a while I was back at the Stimlje police station and

13     there were problems again.  They -- the problems were with the bodies

14     claimed by the families.  I think it was on the 10th of February, 1999,

15     after the autopsy of the bodies.  The bodies were transported and -- they

16     were transported to Stimlje and Danica Marinkovic, an investigative

17     magistrate, escorted that transport.  This was arranged with the OSCE

18     verifiers and the Albanian families.  I was in -- directly informed of

19     that by Bogoljub Janicevic, the chief of the SUP.  I'm not sure what time

20     it was exactly, but it was winter-time.  After 4.00 p.m. -- before that

21     at the police station they were already the local Muslim priest of

22     Stimlje.  In the centre of the town there was a mosque where he held

23     religious services, and he was the -- there was also the president of the

24     Democratic League of Kosovo.  He was the president of that organisation

25     in Stimlje.  They came to see me in my office together with the

Page 12499

 1     verifiers.  They were eight in all or nine, I believe.  Before they

 2     had -- before they brought the bodies, TV teams had arrived and other

 3     verifiers.  The verifiers then started asking awkward questions about

 4     whether we would intervene if members of the KLA would arrive with the

 5     families.  These people were in Racak and Petrovo, and I answered in the

 6     affirmative because to us, the police, they were members of a terrorist

 7     organisation, and we will try to arrest them.  However, he said that we

 8     must withdraw all patrols and that all police had to go away so that the

 9     families can take over the bodies, and that's when the problem arose.

10             I don't know the man in person, but it was Colonel Mijatovic from

11     the staff in Pristina who had told them they could bury the bodies at

12     Cesta, which is in Racak.  That's where they were killed actually.  As

13     there was no cemetery, no religious burial grounds, I said that wasn't

14     possible because dead bodies are buried on religious burial grounds.  You

15     cannot simply bury people where they come to death.  And that certain

16     permits are required for cemeteries, permits issued by municipal

17     authorities.  And when the problem arose he said to the investigative

18     magistrate, one of the verifiers I mean, "How do you want to hand over

19     the bodies if the families aren't here to claim them?"  And then he

20     directly accused Danica Marinkovic of playing games with the bodies.  She

21     had brought the bodies to Stimlje and nobody was killing to claim them

22     and that's where the problem arose.  After that Danica Marinkovic, the

23     investigative magistrate, decided to return the bodies to Pristina, and

24     she informed the families that they could come to the hospital chapel in

25     Pristina and claim the bodies there.  That's what I know about the event

Page 12500

 1     which happened on the 10th in Stimlje.

 2             On the following days, if you want me to continue --

 3        Q.   Well, did the burial take place?

 4        A.   Yes, the burial took place.  In the morning the Albanian families

 5     organised themselves.  I'm not sure how.  Anyway, we were informed that

 6     they would claim the bodies on their own and they would bury them in the

 7     mosque at Racak.  On the same day around 10.00 or 11.00 the bodies were

 8     transported on the road through Stimlje because that road led to the

 9     centre of Racak.  The bodies were taken to the mosque first and there was

10     media coverage and it was also covered by the verifiers.  The locals of

11     those villages may have received orders to that effect or maybe it was

12     their genuine wish to attend the burial.  But anyway, a large number

13     gathered in Racak for the burial.  From what we were able to see, the

14     dead were buried like soldiers with Albanian flags wrapped around their

15     coffins, which is not the custom when you bury a dead Albanian.

16             After the burial we were able to observe that at the burial there

17     were persons in uniform, armed persons who were members of the so-called

18     Kosovo Liberation Army, the terrorist organisation.  They attended the

19     burial in significant numbers and subsequently they kidnapped about 50

20     Albanians from the crowd.  Among them two brothers of our reserve police

21     officers from the Olluri family, from the Petrovici village, and some

22     other Albanians.

23        Q.   Thank you, Mr. Mladenovic.  I'll ask you some more questions

24     about this and show you some documents, but I will need a rather lot of

25     time to do that.  So as it's roughly time for the break with the leave of

Page 12501

 1     the Trial Chamber we might as well break now.

 2             JUDGE PARKER:  Yes, we'll have the second break now and resume in

 3     half an hour.

 4                           --- Recess taken at 5.28 p.m.

 5                           --- On resuming at 6.00 p.m.

 6             JUDGE PARKER:  Please sit down.

 7             Mr. Popovic.

 8             MR. POPOVIC: [Interpretation] Thank you, Your Honour.

 9             Could we next please have D150.

10        Q.   It's your tab 17.  Mr. Mladenovic, this is a report on Albanians

11     kidnapped by terrorists from a funeral in Racak village dated 12th

12     February, 1999.  Please acquaint yourself with the report shortly and

13     tell us, please, whether the information contained therein tallies with

14     the information you had about the event.

15        A.   Yes.  This was quite indicative of that period.  On the 12th of

16     February several Albanians were kidnapped who attended the funeral.

17     Rexhep and Muhamed Olluri were members of the reserve police force in

18     Stimlje.  They were kidnapped on that occasion.  They were loyal

19     citizens.

20        Q.   In paragraph 2 we see another name.

21        A.   Yes, Zeqiri Basri who reported to the Stimlje police station that

22     on the 11th of February during the funeral in Racak, Stimlje

23     municipality, terrorists kidnapped his cousin Zeqir Hyseni about 50 years

24     old from Stimlje, former employee of the Pristina district prison.  He

25     came to Racak village with his wife Hysnia in a blue Zastava 101

Page 12502

 1     passenger vehicle.  We insisted that the OSCE KVM take all measures to

 2     liberty these people.

 3             Concerning these kidnappings, on that same day we notified the

 4     verification mission representatives who were in Stimlje.  They promised

 5     to do everything in their ability to try and liberate these citizens.

 6        Q.   Yes, thank you.  We'll see another document which confirms that.

 7             MR. POPOVIC: [Interpretation] Could we please have D010-0785,

 8     D010-0785.  That's the number.

 9        Q.   It is your tab 18.

10             It's a report dated 12 February 1999.  You can read to yourself

11     what the contents are about and please tell us whether it's what you have

12     just referred to.

13        A.   Yes, this was drafted the next day in the police station by the

14     police station commander in Stimlje, warrant officer Zoran Djordjevic.

15     He was in touch with certain OSCE mission representatives who were in

16     Stimlje.  They came to the police station, telling him that they saw the

17     commander promising to come back with certain information in the

18     afternoon.  In the meantime they went to the village of Petrovo, where

19     they had a discussion with the terrorists, who promised them that people

20     will be released in two hours' time.  These people had been kidnapped the

21     previous day.  The person in question were Mehmet and Rexhep Olluri and

22     Hysen Zeqiri.  They promised them to release these people within the next

23     two hours.  They had learned that morning of those people being kidnapped

24     in the Stimlje police station.  The persons in question were Mehmet and

25     Rexhep Olluri and Hysen Zeqiri.  They wanted to know whether we had any

Page 12503

 1     information on any other persons who had been kidnapped.  That's it.

 2     This follows the previous documents.  The verifiers had been informed and

 3     the next day they came to the police station.  I wasn't there at the

 4     moment.  The assistant commander was there.  It says here that they were

 5     there between 6.10 and 6.15 p.m.  They were only there for a brief period

 6     of time.  The persons had been kidnapped on the 11th and were held until

 7     the 12th and around 8.00 p.m. on that day they were released.

 8        Q.   We'll see some other documents testifying to that.

 9             MR. POPOVIC: [Interpretation] I'll seek to tender this document

10     into evidence, Your Honours.

11             JUDGE PARKER:  It will be received.

12             THE REGISTRAR:  Your Honours, that will be Exhibit D00820.

13             MR. POPOVIC: [Interpretation] Could we please have D010-0788.

14        Q.   It is your tab 19.  We see that this report is dated 13 February

15     1999.  Please read to yourself what the report is about and tell us

16     briefly whether this corresponds to the information you had.

17        A.   That is correct.  This is another report drafted in the Stimlje

18     police station.  This was the following day after the document -- the day

19     we saw the previous document about.  It was the 13th of February.  The

20     report was drafted by a police station deputy commander, Mr. Mitrovic.

21     This report was also drafted at 6.10 p.m. following his meeting with the

22     verifiers who told him that in their negotiations with the terrorists

23     they managed to secure the release of the persons mentioned here, Taib

24     Zeqiri, Jemer Xherimi and Jakup Ibali.  There were several people who had

25     been kidnapped.  They did try to have all of them released.  We saw the

Page 12504

 1     previous document referring to those three people and here we have

 2     additional three people subsequently released by the KLA.

 3        Q.   [Microphone not activated]

 4             THE INTERPRETER:  Microphone for counsel.

 5             MR. POPOVIC: [Interpretation]

 6        Q.   Thank you.

 7             MR. POPOVIC: [Interpretation] Your Honours, I move to have this

 8     document admitted into evidence.

 9             JUDGE PARKER:  It will be received.

10             THE REGISTRAR:  Your Honours, that will be Exhibit D00821.

11             MR. POPOVIC: [Interpretation] Your Honours, I'd like to move to a

12     completely different topic, which has to do with certain allegations I

13     wanted to put to the witness concerning the testimony of K-86 before this

14     Tribunal.  For that purpose I wanted to quote certain parts of the

15     transcript and ask this witness to comment.  Most of that transcript was

16     in closed session, hence I propose we do the same now so as to --

17             JUDGE PARKER:  Private.

18                           [Private session]

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 12505











11 Pages 12505-12522 redacted. Private session.















Page 12523

 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:  Your Honours, we're back in open session.

Page 12524

 1             JUDGE PARKER:  We will now adjourn.  We resume tomorrow at 2.15.

 2     We must adjourn overnight now.  An officer will assist you during the

 3     break.

 4                           --- Whereupon the hearing adjourned at 7.05 p.m.

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

 6                           March, 2010, at 2.15 p.m.