Tribunal Criminal Tribunal for the Former Yugoslavia

Page 12669

 1                           Thursday, 11 March 2010

 2                           [Open session]

 3                           [The accused entered court]

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

 5                           [The witness takes the stand]

 6             JUDGE PARKER:  Good morning.  The affirmation you made to tell

 7     the truth still applies.  If you could sit down, please.

 8             THE WITNESS: [Interpretation] Thank you.

 9             JUDGE PARKER:  Mr. Djurdjic.

10             MR. DJURDJIC: [Interpretation] Thank you, Your Honour.

11                           WITNESS:  RADOMIR MITIC [Resumed]

12                           [Witness answered through interpreter]

13                           Examination by Mr. Djurdjic:  [Continued]

14        Q.   [Interpretation] Good morning.

15        A.   Good morning.

16        Q.   Could you please tell us what the security situation was like in

17     the territory of the Urosevac SUP towards the end of 1998 and the

18     beginning of 1999?

19        A.   The security situation in the territory of the SUP of Urosevac at

20     the end of 1998 and the beginning of 1999 was exceptionally complex and

21     exceptionally difficult.

22        Q.   Thank you.  How come it was so complex?

23        A.   It was reflected in the fact that attacks were intensified

24     against members of the army and police and that more and more people of

25     all ethnic backgrounds were being kidnapped.  Also, Albanian terrorists

Page 12670

 1     had consolidated their ranks; and their strongholds, bunkers, et cetera,

 2     became even stronger.  They intensified their training in Albania, all of

 3     our intelligence pointed to that.  Also, they brought in weapons

 4     illegally from the territory of Albania.  So the situation was very

 5     difficult in that period of time.

 6        Q.   Thank you.

 7             MR. DJURDJIC: [Interpretation] Could we please have on our

 8     screens D133.

 9        Q.   Tab 30 in your binder.  Witness, what is this document and who

10     was it sent to?

11        A.   This is a report sent to the MUP staff for Kosovo and Metohija,

12     and it is sent to Colonel Mijatovic, Pristina.

13        Q.   The date is the 18th of November, 1998.  Could you please tell me

14     who signed the document?

15        A.   Yes, that was the date, and I signed the document.

16        Q.   It says here for the chief of the secretariat?

17        A.   Yes.

18        Q.   Please give me your comment with regard to the first paragraph of

19     this document.

20        A.   It has to do with something that happened on the

21     17th of November, 1998.  Mr. Sali Emini, from the village of Racak, came

22     to report a case.  The ten uniformed members of the so-called KLA had

23     come to the village of Racak and ordered the locals to leave the village

24     because a greater number of them wanted to move into it.  The uniformed

25     members of the so-called KLA came to the village at about 1100 hours and

Page 12671

 1     the locals immediately moved out of the village in large numbers at about

 2     1600 hours.

 3        Q.   Since this was on the 15th and the rest on the 17th, did you

 4     check this out?  Please look at paragraph 3 as well, I'd like to hear

 5     your comment.

 6        A.   After receiving this information and when the citizen complained

 7     about the problems they were facing in the village, the chief secretariat

 8     sent a patrol, a large one, to the village of Racak.

 9        Q.   So was that information confirmed, that the KLA was present in

10     Racak?

11        A.   Yes.  Yes, there had been a terrorist attack, and I have an

12     excellent recollection of what happened.  The vehicle was damaged, and

13     the policemen were not seriously wounded.  Lecic, their commander, was

14     with them too.  It was only the vehicle that was damaged.

15             MR. DJURDJIC: [Interpretation] D008-5606, could we have that,

16     please.

17        Q.   Tab 31 in your binder.  This is a document dated the

18     27th of December, 1998.  It's from the OKP.  Did you receive information

19     about such documents and their content?

20        A.   I am aware of this document.  I see that it was submitted by

21     Jasovic, Dragan Jasovic and Momcilo Sparavalo.  On the basis of all the

22     knowledge that they had and on the basis of the notes written up by the

23     policemen and that we forward to them, so on the basis of all that

24     information, they wrote this up.  And the chief of SUP briefed us about

25     this at the regular morning meeting.  He made us aware of all the

Page 12672

 1     details.

 2        Q.   Thank you.  I would just be interested in the last paragraph on

 3     page 1, if you can see it?

 4        A.   Yes.  Intelligence indicates that every day members of the

 5     so-called KLA from the villages of Kosare, municipality of Urosevac --

 6     sorry, actually, Jezerce, Malopoljce, and Petrovo come to Dramnjak and to

 7     Kosare to launch terrorist attacks.

 8        Q.   Thank you.  Where is Kosare?  On which road?

 9        A.   The village of Kosare is on the road between Urosevac and

10     Stimlje, roughly around the middle of that road.  Slivovo and Kosare are

11     very close to one another.

12        Q.   Thank you.  You had an observation post in Crnoljevo; on which

13     road is that?

14        A.   These are observation posts in Crnoljevo on the

15     Stimlje-Suva Reka-Prizren section of the road.

16        Q.   Thank you.  This intelligence that you received about Kosare,

17     when did that actually become a topical matter?

18        A.   The situation regarding Kosare was such that the police were

19     attacked.  I can't remember the exact date.  I think it was mid-January.

20     A policemen --

21        Q.   Yes, yes, we'll get to that.  But this is the

22     27th of December, 1998, the document that we are looking at now.

23        A.   Would you please repeat your question again?

24        Q.   It says here in this document that there are more and more

25     attacks against Kosare and Slivovo and you explained to us which road

Page 12673

 1     that is, however, since when had such things been noticed, that is to

 2     say, KLA attacks?

 3        A.   To the best of my understanding, there was already information by

 4     the time this document was written.  So in that period the situation

 5     became increasingly complicated.

 6        Q.   Is that the period when the KVM was present?

 7        A.   Yes.

 8        Q.   Thank you.

 9             MR. DJURDJIC: [Interpretation] Could we now please have D138.

10     And could this document please be admitted into evidence.  Could we just

11     have a look at the end of the document, please.  Could the document

12     please be admitted.

13             JUDGE PARKER:  It will be received.

14             THE REGISTRAR:  Your Honours, that will be Exhibit D00827.

15             MR. DJURDJIC: [Interpretation] Could we please have D138.  Page 2

16     of the document.

17        Q.   It is tab 32 in your binder.  This is a criminal report about

18     something that happened on the 10th of January, 1999, OKP Urosevac.  Can

19     you just tell us what you know about what happened on the

20     10th of January, 1999?

21        A.   Yes.  I mentioned it a moment ago, and I know what the date is.

22     The 10th of January, in the morning, Nenad Mitrovic, deputy commander,

23     policemen Svetislav Przic and Miroslav Zivic, as far as I can remember.

24     Yes, yes, here he is.  They set out from Stimlje to Urosevac.  And in the

25     area of the village of Slivovo - Slivovo and Kosare are nearby - they

Page 12674

 1     were fired at from automatic weapons from the Muslim cemetery.  That is

 2     to say that the terrorists were within the Muslim cemetery and opened

 3     fire from there and seriously wounded Svetislav Przic.

 4        Q.   Thank you.

 5             MR. DJURDJIC: [Interpretation] Could we now please have D139.

 6        Q.   Tab 33.  This is a report on contact with members of the

 7     OSCE Mission.  The date is the 10th of January, 1999, SUP Urosevac.  Did

 8     you receive this report?

 9        A.   Yes.  This report was written by Lieutenant Sasa Draskovic.  I

10     received that report and sent it to the analysis people.

11        Q.   Do you know whether the KVM verified this event and whether they

12     did something about it?

13        A.   Members of the OSCE Mission registered this event, however, they

14     did nothing on account of it.  They didn't help me at all -- they didn't

15     help us at all with regard to throwing more light on what happened.

16             THE INTERPRETER:  Interpreter's note:  Could the number please be

17     repeated.

18             MR. DJURDJIC: [Interpretation] D009-0931.

19        Q.   It is tab 34 in your binder.  This is a survey of activities in

20     the Urosevac SUP dated the 12th of January, 1999.  Could you please tell

21     us who it was sent to?

22        A.   This survey on developments and activities was sent to the

23     MUP staff for Kosovo-Metohija.

24        Q.   Thank you.  I see that someone signed on behalf of the chief, was

25     it maybe you?

Page 12675

 1        A.   No, I think that this is the signature of Branko Debeljkovic,

 2     head of the crime police department.

 3        Q.   Thank you.  I'm interested in the third paragraph of this report.

 4     Was that one of the things that members of your police department were

 5     supposed to do?

 6        A.   If I understand you correctly, you are asking me about

 7     paragraph 3?

 8        Q.   Concerning information --

 9        A.   Yes, yes.  Yes.  This is police work.  Persons were brought in to

10     be interviewed.  So members of the police, they bring in persons, they

11     write up a report, and they hand them over to OKP employees for further

12     processing.

13        Q.   Thank you.  And in the one but last paragraph, we see the answer

14     of the person who talked to the verifiers?

15        A.   Yes.

16        Q.   So between the 10th and 12th, what was it that the representative

17     of the police told the verifiers?

18        A.   The member -- or rather, the representative of the police told

19     the verifiers that the persons who had been brought in were released

20     after they were interviewed.

21        Q.   Thank you.  Did you ever receive any report from the verifiers,

22     from the sites where they went to verify particular matters?

23        A.   No, never in writing.  Perhaps they explained a few things

24     orally.

25        Q.   Thank you.

Page 12676

 1             MR. DJURDJIC: [Interpretation] Could this document please be

 2     admitted.

 3             JUDGE PARKER:  Yes.

 4             THE REGISTRAR:  Your Honours, that will be Exhibit D00828.

 5             MR. DJURDJIC: [Interpretation]

 6        Q.   After all these events from November until mid-January, that is,

 7     from mid-November 1998 until mid-January 1999, did the SUP of Urosevac

 8     take any action with regard to countering the activity of the terrorist

 9     groups in the territory?

10        A.   Yes.  The Urosevac SUP, that is, the chief of the secretariat,

11     based on all facts and circumstances, including the operative

12     intelligence that we had at the time, compiled a proposal to the MUP

13     staff for Kosovo and Metohija to arrest terrorists, the terrorists who

14     had committed the crimes I mentioned.  The wounding of Przic, the

15     kidnapping of other persons, et cetera.  As we had intelligence to the

16     effect that they were -- they were in -- around the villages of Racak,

17     Petrovac, and Malopoljce, the secretariat drafted a proposal.  The

18     content of the proposal was to make a security assessment, to put

19     everything on paper, and everything was forwarded to the staff.

20        Q.   Thank you.  Do you know how the staff reacted to that proposal?

21        A.   Based on that proposal of the chief of the secretariat, the staff

22     made a plan to apprehend the terrorist group that had committed the

23     crimes.

24        Q.   Thank you.  Do you know who took part in the apprehension of

25     terrorists in the village of Racak?

Page 12677

 1        A.   Yes, I do.  For the simple fact that, as far as I know, one day

 2     before the operation was launched, we had a briefing with the chief of

 3     the secretariat in his office.  He briefed us there.

 4        Q.   Can you tell us who was present and what he briefed you about?

 5        A.   There was the chief who chaired the meeting, the chief of the

 6     secretariat that is.  Then there was Goran Radosavljevic, aka Guri; I was

 7     there; Milan Lecic; and Jelic, Krzman Jelic, the commander of the the

 8     barracks of the 143rd [as interpreted] Intervention Brigade was invited

 9     to join us later.

10        Q.   Thank you.  And what did the chief say at that meeting?

11        A.   The chief didn't explain the plan to us, he didn't acquaint us

12     with it; he just told us briefly that the arrest would be carried out on

13     the 15th.  But he didn't mention any details of the plan.  He merely said

14     that the operation would be led by Goran Radosavljevic whose nickname was

15     Guri.  I believe that he was a major at the time.

16        Q.   Thank you.  And what about Colonel Jelic, he was also at the

17     meeting.  Did he take part in the the discussion, and was there anything

18     special with regard to his presence?

19        A.   Colonel Jelic was present at the meeting, but he didn't comment.

20     He just received information for the sake of his men to avoid unwanted

21     consequences in the field.  He was the commander of the territorial unit,

22     and it was desirable that he be informed of the activities of the police.

23        Q.   Thank you.  As far as you know, did the military participate in

24     the arrest of the terrorists?

25        A.   No, it was a classical police operation, the -- I mean, the

Page 12678

 1     apprehension of the terrorists.

 2        Q.   Thank you.  Were you in Racak when the operation was carried out?

 3        A.   No, I wasn't there.  I was at Stimlje.  On the 14th, at that

 4     meeting, the chief of the secretariat gave me instructions to be ready on

 5     the following morning at 6.00.  I remember the hour, it was 6.00 a.m.

 6     And the two of us were supposed to go to Stimlje.

 7        Q.   Thank you.  So did you meet up with him?  Did you go to Stimlje?

 8        A.   Yes.  We met at that time.  And after 10 or 15 minutes having

 9     picked up our personal things, we set out for Stimlje.

10        Q.   Thank you.  Was the passage to Stimlje safe?

11        A.   The passage was not safe.  The traffic police had set up a

12     check-point in the area of Kosare, and during the operation they didn't

13     allow vehicles to pass.

14        Q.   And did you pass though?

15        A.   I remember that we did.  When the chief of the SUP overtook some

16     vehicles and we reached the traffic police control, they told him, Chief,

17     we have orders to block any passage until further notice.  And he

18     replied, Yes, it is blocked for everybody else but not for me.  And then

19     they saluted him and we moved on.

20        Q.   You say that you went to Stimlje.  Where exactly in Stimlje?

21        A.   We went right to the police station in Stimlje.

22        Q.   What did you do at the police station, where were you, what took

23     place there?

24        A.   At the police station in Stimlje, I can't quite remember how long

25     we stayed there, but we left Urosevac around 6.15, 6.20.  We took some

Page 12679

 1     time to get to Stimlje.  And we went to the office of the commander of

 2     the police station.

 3        Q.   Was the commander present?

 4        A.   No.  The commander with a company of active-duty and reserve

 5     policemen had to go to Crnoljevo and change shifts because there was a

 6     check-point for securing the road.

 7        Q.   Did anybody receive you at the Stimlje police station?

 8        A.   Yes, as far as I remember, there was assistant commander

 9     Zoran Djordjevic.

10        Q.   Thank you.  Where is the office of the commander of the

11     Stimlje police station?

12        A.   The office of the commander is upstairs.  So you climb the

13     stairs, go right, you walk through the office of the deputy commander and

14     the assistant commander, and then you turn left and enter the commander's

15     office.

16             JUDGE PARKER:  Mr. Stamp.

17             MR. STAMP:  Before my friend goes on, I see where he is leading

18     to and I think the time -- well, it's hard to find an appropriate time,

19     but I have to place on record the objection of the Prosecution in respect

20     to leading evidence about the events that occurred in the office of the

21     command of the Stimlje police station from this witness for the simple

22     reason that it is not mentioned in the 65 ter summary for the witness,

23     yet it is one of the live issues in the case, and a matter which ought to

24     have been addressed.

25             This issue was not mentioned in the 65 ter summary of the

Page 12680

 1     previous witness, and I did not object to it being led.  But upon

 2     advisement, I have been advised that the Prosecution ought to put on

 3     record its objection to the leading of important evidence on

 4     controversial matters that are specifically alleged in the the indictment

 5     and the pre-trial brief when it is not placed in the 65 ter summary of

 6     the witness.

 7             I did not object to the previous one because although the

 8     Prosecution was prejudiced, we were able to deal with it.  The situation

 9     is similar in this case, there is prejudice, but I think we can deal with

10     it and therefore I ask for no sanction.  But I have been advised that it

11     is proper that I place it on record that leading this evidence is

12     contrary to the rules and is also flouting the orders of the Court made

13     in October or November last year.  Thank you.

14             JUDGE PARKER:  Mr. Djurdjic.

15             MR. DJURDJIC: [Interpretation] Thank you.  I know that in the

16     summary for this witness it was stated that he would give evidence about

17     the events in Racak and about his knowledge concerning that.  The topic

18     was tackled by the Prosecution first.  The Prosecution put forward

19     evidence about this and therefore the Defence decided to have witnesses

20     give evidence about this too.  For this witness, it was stated that he

21     would give evidence about the events in Racak because he was there and we

22     will hear what he knows now.

23             JUDGE PARKER:  The point at the moment is that you are dealing

24     with events at Stimlje.  They may be connected to Racak, but there is no

25     indication in the summary that the witness will deal with events in

Page 12681

 1     Stimlje and there has apparently been no additional notice to that

 2     contained in the Rule 65 ter notice.  So that's the point that you should

 3     comment on.

 4             MR. DJURDJIC: [Interpretation] Your Honours, the witness will

 5     tell us how he got information about Racak.  He is telling us where he

 6     was, what he did, and how he got the information.  It is not my

 7     understanding that the pre-trial brief should include all facts about

 8     which the witness would give evidence.  We didn't have witness statements

 9     yet, but we gave a broader framework of the contents of their evidence

10     instead.

11             JUDGE PARKER:  The rule requires that you give a summary of the

12     facts on which each witness will testify.

13             MR. DJURDJIC: [Interpretation] We considered that his knowledge

14     about Racak is the framework, and that is included in the summary rather

15     than exactly what he knew and how he found out and the like.

16             JUDGE PARKER:  Your position is that you considered you were

17     complying with the rules by the summary that's been given, is that what

18     you're saying?  I have to make it clear again as I hope I made it clear

19     yesterday, we do not agree.  The summary avoids summarising the evidence

20     of the witness about this material event and perhaps others.  As I

21     commented yesterday, if this is an isolated matter, we can more readily

22     overlook it, but if it becomes a pattern, we will not be able to.

23             Remedies available to the Chamber include, at the least, allowing

24     the Prosecution a delay to prepare to deal in cross-examination with the

25     matter, and that will often mean that the witness has to wait here in

Page 12682

 1     The Hague.  But more significantly, depending on the seriousness of the

 2     matter, we can refuse to hear the evidence at all.

 3             Now, you can thank at the moment Mr. Stamp for making it clear

 4     that on this occasion the Prosecution can overcome the problem because we

 5     are reaching the point with the summaries, as I put to Mr. Popovic

 6     yesterday, that there is almost an apparent pattern of avoidance of the

 7     material evidence of the witness in what is provided under Rule 65 ter.

 8             I did yesterday say to Mr. Popovic that there should -- when I

 9     say yesterday, it may have been the day before - I made it clear that

10     your summaries should be reviewed.  And if there are matters that are

11     material in the case which are not adequately summarised, supplementary

12     notice to the Prosecution should be given immediately so that we don't

13     constantly encounter this problem.  Because of the position taken by

14     Mr. Stamp, carry on, but be very firmly on notice, Mr. Djurdjic, that we

15     are concerned that there has been a significant failure in these

16     Rule 65 ter notices to give the Prosecution notice of material facts that

17     will be led from the witness.  Thank you.

18             MR. DJURDJIC: [Interpretation] Thank you, Your Honours.  If we

19     notice that the summaries of future witnesses are not in line with your

20     instructions, we will submit more detailed summaries of the evidence of

21     the witnesses to be called in the future.

22             JUDGE PARKER:  Thank you.

23             MR. DJURDJIC: [Interpretation]

24        Q.   Witness, you said that you went to the office of the station

25     commander, you and the chief of the SUP did.  Can you tell us what your

Page 12683

 1     activities were while you were at the Stimlje police station?

 2        A.   This is the way it was:  I and the chief of the secretariat were

 3     there.  He had radio communications by which he followed what was

 4     happening in Racak, and from time to time he reported to the staff.

 5        Q.   Thank you.  Could you establish contact with the units that were

 6     carrying out the operation in Racak, or could you communicate with the

 7     staff?

 8        A.   No, I did not have such communication.  I had the regular

 9     communication.  I always had the regular channels by which I could

10     monitor the activities of police stations in the territory of the

11     secretariat.

12        Q.   Thank you.  During the day, can you tell me how the situation

13     developed to the best of your knowledge concerning the operation in Racak

14     and how you learned about that?

15        A.   In view of the fact that the police station of Stimlje is not

16     very far away from Racak, it's a few kilometres away, say up to

17     3 kilometres away as the crow flies, perhaps not even that far away as

18     the crow flies, from the point when we arrived we heard sporadic

19     gun-fire, and later on it became more and more intensive, and there was

20     fighting practically all day long.

21        Q.   Thank you.  Tell me, as you were learning about this, did you

22     hear of casualties during the fighting?

23        A.   There was no detailed information.  There was information from

24     time to time to the effect that there was fighting and that there were

25     fatalities.  That is what I heard via the radio transmitter that the SUP

Page 12684

 1     chief had.

 2        Q.   Thank you.  Once you had this information, were any measures

 3     taken?

 4        A.   Well, in view of the situation and in view of the fact that there

 5     were fatalities, the SUP chief instructed me to inform the SUP duty

 6     service to establish an on-site investigation team.  That is to say, to

 7     make the investigative judge, the public prosecutor, and the crime

 8     technicians aware of what was happening, namely, that they should be

 9     prepared and that they should go to Stimlje in order to carry out an

10     investigation on site.

11        Q.   The crime technicians, did they arrive in Stimlje during the

12     course of the day?

13        A.   I cannot say that with any certainty, but I think that the team,

14     the forensic team, did arrive during the course of the morning at the

15     premises of the duty service of the police station or the buildings right

16     next door.  That is to say, in the same compound there are other

17     buildings and offices, and I think that they sat there and waited.

18        Q.   How did the situation develop further while you were at the

19     Stimlje police station?

20        A.   To the best of my recollection, we were following the situation

21     up until the afternoon.  Fighting went on practically until night-time.

22     It was in January, and night falls early in our part of the world.  I

23     remember that at one point in time, Goran Radosavljevic decided that the

24     OPG that he headed withdraw from the place where the blockade was.  As

25     far as I know and from what I heard from the chief, they were above Racak

Page 12685

 1     when they withdrew, and the reason why they withdrew was that there were

 2     fierce attacks coming from all sides.  So it was quite impossible for the

 3     PJP company from Urosevac to remain in that location.

 4        Q.   Thank you.  You told us that you informed the Urosevac SUP that

 5     they should inform the investigating judge and the team that they should

 6     come to Stimlje.  Did the team come; and if so, when?

 7        A.   Yes, I remember that investigating judge Danica Marinkovic was

 8     there and to the best of my recollection, Mr. Ismet Sufta was there too,

 9     he was either the public prosecutor or the deputy district public

10     prosecutor.

11        Q.   Thank you.  Where was it that they arrived in Stimlje, if you

12     know?

13        A.   They came to the commander's office; that's where they were in

14     contact with the chief of the secretariat.  And the chief of the

15     secretariat, after that, told them at one moment, that is to say, before

16     the forces withdrew, while it was still more peaceful, that conditions

17     had been created for them to go and carry out an on-site investigation,

18     that is to say, the investigating judge and the public prosecutor along

19     with the team.

20        Q.   The investigating judge and the deputy district public

21     prosecutor, did they actually go to carry out an investigation in Racak?

22        A.   Yes, they set out.  I didn't leave my office actually.  I know

23     that they went there and we heard via radio that an attack had been

24     launched and that it wasn't safe for them even to start the on-site

25     investigation, so they had to return yet again.

Page 12686

 1        Q.   Thank you.  Do you know whether the investigating judge and the

 2     team were in Racak, and was it from Racak that they returned under these

 3     circumstances when the KLA attacked, as you told us?

 4        A.   Yes, yes.  They had already entered Racak, but there was strong

 5     gun-fire and therefore they could not stay there.  So the investigating

 6     judge decided to go back, and once conditions were created again, the

 7     on-site investigation could be carried out.

 8        Q.   Thank you.  Do you know whether any weapons were found in the

 9     village of Racak while the investigating judge and the team were there?

10        A.   I cannot confirm exactly whether it was at that time when the

11     Judge was there, but I know that part of the weapons were brought to the

12     police station in Urosevac.

13        Q.   Thank you.  Do you know which weapons were brought on the

14     15th of January in the Urosevac SUP?

15        A.   I'm not sure exactly.  But as far as I can remember, a

16     12.7 millimetre Browning.  I know that was found for sure.  Then a

17     7.9 millimetre submachine-gun and several rifles.  Believe me, I don't

18     know the exact number.

19        Q.   Thank you.  How long did you stay in Stimlje on the

20     15th of January, 1999?

21        A.   We stayed until dusk roughly, but by then we found out that in

22     Kosare, in the area of Kosare, the army and the police were attacked

23     again, or, rather, innocent citizens who were passing down that road too.

24     The chief, his driver, and I drove around that road and then we went via

25     Lipljan to Urosevac.

Page 12687

 1        Q.   Thank you.  On the 16th and 17th of January, did you have any

 2     information as to what was going on in Racak, and where were you?

 3        A.   On the 16th and 17th I was not in Stimlje.  I stayed at my own

 4     place of work in Urosevac, but I remember that yet again an attempt was

 5     made to carry out the on-site investigation.  During those days, those

 6     two days, it was impossible to enter Racak because the Albanian

 7     terrorists opened gun-fire.

 8        Q.   Could you please tell us what happened afterwards at the

 9     Urosevac SUP?

10        A.   I don't understand your question.  On what day?

11        Q.   You said that on the 16th and 17th you were not at the Urosevac

12     SUP and that the on-site investigation could not be carried out to the

13     best of your knowledge, and I'm asking you what happened next at the

14     Urosevac SUP to the best of your knowledge?

15        A.   What I know is that the team went in order to carry out an

16     on-site investigation, but they didn't manage to do it.  However,

17     Mr. Walker pointed out in the media in advance that what had happened was

18     a massacre, and great attention was being devoted to that problem by the

19     state leadership, with the very top leadership, and all of us, of course.

20        Q.   Did you have any knowledge on the 16th and 17th to the effect

21     that there had been a massacre in Racak?

22        A.   No, no massacre whatsoever.  Our knowledge was as follows:  There

23     was fighting going on and there were fatalities.  To the best of our

24     knowledge it was terrorists who got killed.

25        Q.   Thank you.  Do you know what the further activities were, how

Page 12688

 1     things developed after that?

 2        A.   I am not aware of the details.  What I remember is that an

 3     attempt was made to carry out an on-site investigation and that that did

 4     not succeed either on the 16th or the 17th.  Believe me, I don't remember

 5     any details.

 6        Q.   So what was done about it in view of the fact that on-site

 7     investigations could not be carried out during those two days?

 8        A.   Since it was impossible to carry out an on-site investigation,

 9     the chief of the secretariat - I don't remember who else was there in

10     addition to myself.  Actually, I think that Branislav Debeljkovic was

11     there too, but I can't remember.  He was the head of the crime police

12     department.  And we were informed that the staff planned to carry out a

13     de-blockade, or rather, to make it possible to create conditions to carry

14     out an on-site investigation in Racak and that on the following day an

15     action would be conducted with regard to that matter.

16        Q.   Thank you.  Do you know when the de-blockade of Racak was carried

17     out?

18        A.   As far as I can remember, it was in the morning hours.  I cannot

19     confirm this exactly.  I know that the PJP company from Urosevac took

20     part in all of that.  Now, whether the OPG was there or some other

21     company of the PJP, I really cannot say.  However, it started in the

22     morning.  Once again, I went to Stimlje with the chief of SUP on the

23     18th, sometime in the morning.  I cannot be very specific, but I think it

24     was around 8.00.

25        Q.   Thank you.  So what happened?  Where were you at the police

Page 12689

 1     station?

 2        A.   In the police station yet again we were in the office of the

 3     commander of the police station.  That is where we followed how the

 4     situation developed.

 5        Q.   Can you tell us how the situation developed while you were there

 6     at the Stimlje police station?

 7        A.   This is how the situation developed on that day:  Sporadic

 8     gun-fire was heard, that is to say, there was fighting going on up until

 9     midday approximately.  I wouldn't know the exact time.  But I know that

10     control was supposed to be established over Racak.  I know that

11     Danica Marinkovic, the investigative judge, came; then Dragomir Zivic,

12     the deputy district public prosecutor; and I think that Sasa Dobricanin

13     was there, pathologist -- or I don't know exactly what his function is.

14        Q.   This on-site investigation team, or rather, the investigating

15     judge came to carry out an on-site investigation in Racak.  Did the

16     on-site investigation actually take place?  If so, when, and what

17     happened?

18        A.   They arrived around midday, I remember that very well.  The chief

19     and I were in the office.  And the team then talked to the chief, and the

20     chief explained that conditions had not been created yet for them to go

21     out to carry out the on-site investigation.  While we were sitting in the

22     office say for 10 or 15 or 20 minutes, I cannot be more specific than

23     that, General Djordjevic came at that moment and he was there in the

24     office with us.

25        Q.   Can you tell us what happened then?

Page 12690

 1        A.   Well, you see, the chief of the secretariat briefly informed

 2     General Djordjevic about the situation concerning the de-blockade of

 3     Racak, or rather, creating conditions for the on-site investigation.

 4     Again, I don't know exactly how much time had gone by, maybe it was half

 5     an hour, but the chief received a report.  It's not that he personally

 6     received a report and it's not that he was in constant contact with them,

 7     but he heard this.  He was following the communications.  And at one

 8     point, it was said that Racak had been de-blocked and that conditions had

 9     been created for carrying out an on-site investigation.

10             After that, the investigating judge got ready, deputy district

11     public prosecutor Zivic too and Sasa Dobricanin, the pathologist; they

12     got ready to conduct the on-site investigation.  As far as I can

13     remember, the assistant commander walked in, Zoran Djordjevic, and then

14     the chief suggested to him that he should ensure a team to provide

15     security, or rather, to prepare a group of policemen who would be the

16     security detail for the on-site investigation team.  As far as I can

17     remember, General Djordjevic suggested to the chief of the secretariat to

18     have one of the more senior police officers go along.  And then the chief

19     ordered me to go.

20             He conveyed that to Djordjevic, assistant commander Djordjevic.

21     He said, Get the people there and Mitic will go with the team for on-site

22     investigation.  That's the way it was roughly.

23        Q.   Thank you.  Could you tell me whether it is customary when an

24     investigating judge comes and the entire team, is it usual practice for

25     them to be escorted by a team that would accompany them, and is it usual

Page 12691

 1     that a police officer should come from the area where the investigating

 2     judge is coming to?

 3        A.   Whenever an on-site investigation is to be carried out, police

 4     must be present to secure the location.  At that time, due to the

 5     particular circumstances, I was ordered to go and take the team to Racak.

 6        Q.   Did the forensic team of the Urosevac SUP go to the on-site

 7     investigation on the 18th of January, 1999, in Racak?

 8        A.   Yes, I remember exactly all those people.  Actually, I had worked

 9     with them in the secretariat.  There was a chief of the division for

10     combatting general crime, Rade Radovic; then Srecko Dogandzic, and

11     Dragan Dabic, police officers, were there; and forensic technicians,

12     Sasa Bozanic, and I believe the other was Sasa Andric.

13        Q.   You went to Racak with the investigative judge.  Please tell us

14     what was done once you got there.

15        A.   When we left for Racak which was soon after noon, we were in

16     several vehicles.  And I remember getting to the centre of the village

17     where the investigative judge was stopped by police officer - I don't

18     know who it was; there were two or three of them - and informed the judge

19     that the bodies were in the mosque of Racak village.

20        Q.   And what happened then?

21        A.   The investigative judge and the team did their part of the work

22     in the mosque.  They took photographs of the bodies.  They did everything

23     they were supposed to do.  And I must add that the OSCE Mission was also

24     present.  Because until the end of the on-site investigation, the

25     OSCE Mission representatives were there.  As far as I remember, there

Page 12692

 1     were three men and an Albanian girl who acted as an interpreter.

 2             Once they were done in the mosque and we were providing security

 3     to them, the investigative judge continued to the centre of the village,

 4     that is, to the location of the fighting.  As far as I remember, lots of

 5     documents were found in the house, some pieces of uniforms, some pieces

 6     of weapons, and then we proceeded.  I believe that there was also a

 7     bakery to bake bread for the terrorists.  And there were some other

 8     facilities, food storages, and others.  And then we went to the trenches

 9     that the Albanian terrorists had dug above the village.  All around the

10     village on the hill-side there were trenches, bunkers, and the like.

11        Q.   When and how was the on-site investigation completed, and what

12     happened?

13        A.   I remember that it was getting dark when the on-site

14     investigation was being completed; I don't remember the exact hour.  But

15     throughout the time we were there, there was sporadic gun-fire.  Bullets

16     were flying.  But in spite of that, the team completed their work.  And

17     on our way back, the on-site investigation team was driven by police

18     officer.  There was Danica Marinkovic, there was Dragomir Zivic, and the

19     pathologist Sasa Dobricanin.  They were in the vehicle that was right in

20     front of mine.  At one moment in time, we were being targeted, whether

21     from a mortar or a hand-held rocket launcher, I'm in the sure, but there

22     was a huge cloud of dust at one moment.  And although the vehicle in

23     which there was the judge and some other people was armoured, still a

24     window pane cracked, but nobody got hurt.

25        Q.   Did the KLA attack some buildings in Stimlje?

Page 12693

 1        A.   I remember that on the 17th there was an attack on the special

 2     institute in Stimlje.  A building in Stimlje was attacked.

 3        Q.   Thank you.  What did you do after the on-site investigation?

 4        A.   Once everything had been completed, as far as I remember, we

 5     returned to Urosevac.

 6             MR. DJURDJIC: [Interpretation] Can we please see D150 now, and

 7     that is tab 37 in your binder.

 8        Q.   But before we start dealing with the document itself, let me ask

 9     you, sir, whether you know that -- know of any kidnappings during the

10     burial of the persons killed in Racak; and if so, how did you learn about

11     that?

12        A.   Yes, a significant number of persons of Albanian ethnicity were

13     kidnapped.  They had come to the burial and there was a crowd of people

14     there.  There were also armed members of the so-called KLA.  They were

15     also present at the burial.  I remember that a significant number of

16     people were kidnapped.

17        Q.   This is a report of the staff of the MUP from Pristina.  Do you

18     know the two persons mentioned in paragraph one as being kidnapped?  Who

19     are they, what's their ethnicity, and what do they do, if you can provide

20     that information?

21        A.   I remember this case.  It's about the Olluri family.  These two

22     persons were members of the reserve police forces.  It says that

23     Muhamed Olluri, age 28, and Rexhep Olluri, aged about 40, were kidnapped.

24        Q.   Thank you.  And in the last but one paragraph we see the name

25     Zeqiri Hyseni?

Page 12694

 1        A.   Yes, Basri Zeqiri from Stimlje reported to the police station

 2     that Albanian terrorists had kidnapped his relative Hyseni Zeqiri.

 3        Q.   Do you know what these people were doing, and what was their

 4     attitude towards the authorities?

 5        A.   I don't understand the question.  Which persons?

 6        Q.   The persons mentioned here.  Do you know what they did?

 7        A.   Well, I couldn't say anything about these persons.  But I know

 8     that Hysen Olluri and Nazmi Olluri were members of the reserve police

 9     forces.

10        Q.   Thank you.

11             MR. DJURDJIC: [Interpretation] Can we now please see

12     document D009-0937.

13        Q.   That's tab 38 in your binder.  It's a report on developments and

14     activities dated 25 January, 1999.  It's a report of the Urosevac SUP.

15     To who was it sent?

16        A.   This report was sent to the staff of the MUP of

17     Kosovo and Metohija in Pristina.

18        Q.   Thank you.  And let us comment the last paragraph.  Apart from

19     the two -- first two paragraphs, tell us what the staff was informed

20     about in the last paragraph.

21        A.   Here the staff was informed that in the coming period, that is,

22     on the following day, it was planned to control the territory of the city

23     of Urosevac from 1800 hours to 2400 hours by one department of the PJP.

24        Q.   Were accounts of plans for the future an integral part of your

25     reports that you submitted to the staff in Pristina?

Page 12695

 1        A.   Yes.

 2        Q.   It says that the squad of the PJP of the MUP would control access

 3     to the city.  Were these police officers who were performing regular

 4     duties in the Urosevac SUP?

 5        A.   Yes.  This time around they were, but I don't know why this says

 6     that -- well, they are PJP members when they are engaged as such.  These

 7     patrols were made up of these police officers due to their experience and

 8     their physical abilities, and that is why they are called PJP here.  But

 9     otherwise, they are regular police officers.

10        Q.   Are the activities they carry out here part of their regular

11     duties in their organisational unit?

12        A.   Yes, they are.

13             MR. DJURDJIC: [Interpretation] I seek to tender this document

14     into evidence.

15             JUDGE PARKER:  It will be received.

16             THE REGISTRAR:  Your Honours, that will be Exhibit D00829.

17             MR. DJURDJIC: [Interpretation] Can we now please see document

18     009 -- that is D009-0940.

19        Q.   It is dated the 29th of January, 1999, and it was sent to the MUP

20     staff for AP KiM.  It's a report on developments and activities.  We

21     again see some activities that have to do with the KVM.  Was it your task

22     to provide security to the KVM, and did you take steps to enable them to

23     carry out the work that they were meant to do under the agreement?

24        A.   Yes, certainly.  The OSCE Mission had diplomatic status, and we

25     did everything necessary to provide adequate security to them.

Page 12696

 1        Q.   Did you give them all information available to you that was of

 2     interest to them?

 3        A.   Yes, always.  We always provided information upon their request.

 4        Q.   Thank you.

 5             MR. DJURDJIC: [Interpretation] I'd seek to tender this document

 6     into evidence.

 7             JUDGE PARKER:  Yes.

 8             THE REGISTRAR:  Your Honours, that will be Exhibit D00830.

 9             MR. DJURDJIC: [Interpretation] Can we now please see document

10     D009-0912.

11        Q.   Tab 40 in your binder, sir.  This is a report on developments and

12     activities of the Urosevac SUP dated the 1st of February, 1999.  It was

13     sent to the MUP staff.  And what I'd like to know is whether you can give

14     us any details about the incident mentioned in paragraph 3.

15        A.   You mean on the 31st of January?

16        Q.   Yes.

17        A.   In the period between 1800 and 2400 hours, the area of the town

18     of Urosevac was checked --

19        Q.   No, no, I mean the previous paragraph at about 2145.

20        A.   Yes.  On the 31st of January, 1999, at about 2145 hours, in the

21     village of Gornje Godance, Stimlje municipality, three masked persons

22     carried out a terrorist attack in the house of Xhevdet Zumeri, born in

23     1970.  The attack was -- or rather, automatic weapons were used in the

24     attack, and the following persons sustained serious injuries.

25     Haljilj Boka, born in 1942; Bekim Duljaku, age 12; and Behrije Duljaku,

Page 12697

 1     age about 15.

 2        Q.   Well, don't read any further, but tell us, were you informed of

 3     this event?

 4        A.   Yes, I remember it, but I don't remember all the details.

 5        Q.   This was sent to the MUP staff in Pristina.  Was such a report

 6     sent to anybody else?

 7        A.   I cannot tell, based on this description, but usually in case of

 8     such incidents, the operative centre and the crime police administration

 9     were usually informed.

10        Q.   So it was sent to all these?

11        A.   Yes.

12             MR. DJURDJIC: [Interpretation] I seek to tender this document

13     into evidence.

14             JUDGE PARKER:  Yes.

15             THE REGISTRAR:  Your Honours, that will be Exhibit D00831.

16             MR. DJURDJIC: [Interpretation] Could we please have D009-0947.

17        Q.   We now have a survey of developments dated the 4th of February of

18     the Urosevac SUP.  I would like to ask you about whether you are aware of

19     this occurrence on the 4th of February, 1999, Witness?

20        A.   Yes.  It is characteristic because I was actually there on the

21     spot.

22        Q.   Can you tell us what your personal knowledge is?

23        A.   After finding out, if I can put it that way, that the convoy with

24     humanitarian aid had set out in the area of Jezerce and it had to go

25     through the village of Gornje Nerodimlje, the villagers organised

Page 12698

 1     themselves, women, children, the elderly, adults, everybody went out into

 2     the centre of the road not allowing that humanitarian aid to go to the

 3     village of Jezerce.

 4             The locals reacted, asking the OSCE Mission to find, first of

 5     all, the two citizens from that village who had been kidnapped.  As far

 6     as I can remember, Sinisa Lukic and Veselin Lazic.  I know that village

 7     very well; my wife comes from that village.  So I was sent by the chief

 8     of SUP with a number of policemen to make it possible for that

 9     humanitarian aid to get started because that was the order of the staff

10     anyway.

11             We went there.  However, it was simply impossible to intervene

12     under these circumstances because many people had gathered in one place.

13     Finally, they insisted that the locals set up a delegation and inspect

14     that humanitarian aid to make sure that no weapons were being provided to

15     Albanian terrorists.  Judging by the reaction of the citizens, there

16     weren't any weapons at the time in the village of Jezerce when this check

17     had been carried out.  The members of the OSCE allowed that delegation

18     from the village to inspect the trucks.  That's when I cast a cursory

19     glance and I saw that there were beds there, blankets, food, and other

20     supplies.

21             And then we managed to convince the locals.  Ultimately we had to

22     cordon off that convoy so that it could go to the village of Jezerce.

23        Q.   Thank you.

24             MR. DJURDJIC: [Interpretation] Could this be admitted, please.

25             JUDGE PARKER:  Yes.

Page 12699

 1             THE REGISTRAR:  Your Honours, that will be Exhibit D00832.

 2             MR. DJURDJIC: [Interpretation] Your Honour, I think it is time

 3     for the technical break.

 4             JUDGE PARKER:  Thank you.  We will adjourn now and resume at

 5     11.00.

 6                           [The witness stands down]

 7                           ---Recess taken at 10.32 a.m.

 8                           --- On resuming at 11.03 a.m.

 9                           [The witness takes the stand]

10             JUDGE PARKER:  Mr. Djurdjic.

11             MR. DJURDJIC: [Interpretation] Thank you, Your Honour.  Could I

12     please have D009-0950.  Could we please have it on our screens.

13        Q.   Tab 42 for you.  This is a survey of incidents, occurrences,

14     activities for the Urosevac SUP for the 5th of February, 1999.  Who was

15     it sent to?

16        A.   To the MUP staff for KiM in Pristina.

17        Q.   Thank you.  We see here the incident that you talked about

18     yesterday and a reference to the gratitude expressed by the members of

19     the OSCE Verification Mission.  And now, there's this section here where

20     it says "they asked," can you see that part of the text, the last four

21     lines?  Could you please read it to yourself and explain.

22             THE INTERPRETER:  Interpreter's note:  We can barely hear the

23     witness.  Could both of his microphones be switched on.

24             THE WITNESS: [Interpretation] Humanitarian aid on that day was

25     supposed to go where it was supposed to go.

Page 12700

 1             THE INTERPRETER:  Interpreter's note:  The first part of the

 2     answer is missing.

 3             MR. DJURDJIC: [Interpretation]

 4        Q.   We know that, but the question they inquired, et cetera, tell us

 5     about that.

 6        A.   What paragraph?

 7        Q.   Look at the next paragraph.  "They inquired about ..." and then

 8     the last four lines.

 9        A.   Sorry, yes, I see.  So when speaking to them, Mr. Jeff, if I

10     remember that was his name, asked us whether they could establish contact

11     with an Albanian family and an ethnic Serb family too, of course, that is

12     to say, locals of the neighbouring Albanian villages, to have contact

13     with them, and they wanted me to accompany them.  I accepted gladly, and

14     I remember that after that we went to an Albanian family.

15        Q.   Thank you.

16             MR. DJURDJIC: [Interpretation] Could this please be admitted into

17     evidence.

18             JUDGE PARKER:  Just a moment, Mr. Djurdjic.

19             Could we go back to the bottom of the previous page in English,

20     please.

21             It will be received.

22             THE REGISTRAR:  Your Honours, that will be Exhibit D00833.

23             MR. DJURDJIC: [Interpretation] Could we please have D009-0953.

24        Q.   Tab 43 for you.  This is an Official Note of the Urosevac SUP

25     dated the 7th of February, 1999.  Radomir Mitic and Lecic, Milan signed

Page 12701

 1     it.  Can you tell us about this Official Note in more detail?  How did

 2     the situation develop?

 3        A.   You see, on the previous agreement reached with the members of

 4     the OSCE Mission, with went to the village of Donje Nerodimlje.  I see

 5     that Lecic and I compiled this note about that.  In addition to

 6     ourselves, Mr. Jeff and Marijana Cukic from Baranja were there.  She was

 7     a university student, but she acted as an interpreter there.  We went to

 8     pay a visit, and that's' when Mr. Jeff spoke to the the members of that

 9     family.  You can see here what the content of the conversation was.  I

10     don't know what else you are interested in.

11        Q.   Thank you.  I would just like to know how come the interpreter

12     reacted in this way, if you have a look at page 2, the third paragraph on

13     page 2?

14        A.   I do not remember that.  Mr. Jeff went a bit ahead with

15     Muharem Sejdiju, and I stopped a bit with interpreter and she told me on

16     a one-on-one bases, now I'm going to quote what she said:

17             You don't even need to bother about families like this because he

18     is not interested.

19             I was taken by surprise because I thought that he was interested

20     in hearing from all the people of Kosovo, not literally all the people,

21     but from all the structures of the people there to hear what the

22     situation was like in Kosovo so that he wouldn't only be hearing from we

23     from the police had to say.  We don't want to be partial or anything.  He

24     was in a position there to hear what the situation was like from the

25     citizens themselves, the locals.

Page 12702

 1        Q.   Thank you.

 2             MR. DJURDJIC: [Interpretation] I'd like to tender this document,

 3     please.

 4             JUDGE PARKER:  It will be received.

 5             THE REGISTRAR:  Your Honours, that will be Exhibit D00834.

 6             MR. DJURDJIC: [Interpretation] D010-0791, please.

 7        Q.   Tab 44 for you.  We have here a report with members of the OSCE.

 8             The document is signed by 2nd Lieutenant Radomir Mitic, who is

 9     our witness.

10             Could you please tell us a bit more about the interest expressed

11     by the KVM in persons who were brought in for interviews.  Did they

12     receive information, did they carry out checks, and was all of this made

13     available to them?

14        A.   Yes.  As I pointed out previously, the OSCE Mission had all

15     information made available and accessible to them, so in this case as

16     well.  I made every effort to familiarise them with all facts and

17     circumstances.

18        Q.   Could you please give us your comment concerning what is at the

19     end of this report, special observations or remarks?

20        A.   Yes, I remember that.  This is exactly what she said to me as I

21     quoted it here:

22             "Good-bye Mr. Mitic, I hope we meet again, unless they bomb you,

23     in which case we will all be moving out already tomorrow."

24        Q.   Did draw any conclusions on that basis?

25        A.   My situation was that they were abreast of the situation, that

Page 12703

 1     they had the situation under control, and that NATO bombing was

 2     inevitable.

 3        Q.   Thank you.

 4             MR. DJURDJIC: [Interpretation] Could this please be admitted into

 5     evidence.

 6             JUDGE PARKER:  Yes.

 7             THE REGISTRAR:  Your Honours, that will be Exhibit D00835.

 8             MR. DJURDJIC: [Interpretation] Could we please have 4103.  That's

 9     from the Prosecutors's 65 ter list.  0413, sorry, I apologise.

10        Q.   It's tab 45 for you.  This is a dispatch of the Urosevac SUP

11     dated the 20th [as interpreted] of February, 1999.  Can you tell us what

12     your comments would be with regard to the incident referred to here, the

13     one that occurred on the 28th of February, 1999?

14        A.   Yes, this is a dispatch of the Urosevac SUP sent to the MUP of

15     the Republic of Serbia, to the UKP, that is to say, the administration of

16     crime police, the the operation centre, and the police administration in

17     Belgrade, and to the MUP staff for the Autonomous Province of Kosovo and

18     Metohija in Pristina.

19             I remember what happened.  The chief of the secretariat came to

20     know that a person by the name of Riza Kiki had been kidnapped on that

21     day.  And he sent the commander of the police station of Kacanik, and

22     with a group of policemen they were supposed to go to the village of

23     Ivaja or rather, Gajre.  Actually, they were sent to Ivaja, but Riza Kiki

24     is from Gajre.  Sorry about that.  They sent them there to check this

25     information.  When they entered the village, terrorists opened fire,

Page 12704

 1     heavy fire at that, and the chief of police from Kacanik lost his life

 2     and four policemen were seriously wounded.

 3             The OSCE Mission, as I was informed then by the chief, had been

 4     notified so that they could follow the police.  However, they had refused

 5     to come with the police.  After the death of the commander and the

 6     wounding of these four policemen, they did show up eventually, because I

 7     was in Kacanik too.

 8        Q.   Thank you.

 9             MR. DJURDJIC: [Interpretation] I'd like to tender this document,

10     please.

11             JUDGE PARKER:  It will be received.

12             THE REGISTRAR:  Your Honours, that will be Exhibit D00836.

13             MR. DJURDJIC: [Interpretation] Could we now please have

14     D008-5655.

15        Q.   This is a statement of Brava, Sehat, and the date is the

16     3rd of March, 1999.  He gave it to the employees of the crime police

17     administration in Urosevac.

18             Witness, do you know what the situation was like in the month of

19     March in the part of the municipality of Kacanik that bordered on the

20     Republic of Macedonia?

21        A.   As far as I remember, we had intelligence at the time - I dare

22     call it concrete intelligence - from our sources, locals and others, that

23     in the area around Ivaja, Kotlina, Pustenik, and I believe Gorance was

24     the name of the village on the border of Macedonia, that all around these

25     villages strong terrorist forces were gathering and that they were

Page 12705

 1     receiving weapons from the direction of Tetovo in Macedonia.  That is,

 2     that they were arming themselves at a massive scale, that they were

 3     mobilising people by force, and training there.  Which meant that they

 4     were planning on conducting a fierce attack on the military and everybody

 5     who was to be found in or about the Kacanik gorge.

 6             MR. DJURDJIC: [Interpretation] I seek to tender this document

 7     into evidence.

 8             JUDGE PARKER:  Yes.

 9             THE REGISTRAR:  Your Honours, that will be Exhibit D00837.

10             MR. DJURDJIC: [Interpretation] Can we now see D010-0794, please.

11        Q.   That is tab 47 in your binder, sir.  This is a letter from the

12     SUP of Urosevac dated the 3rd of March, 1999, sent to the staff of the

13     MUP for KiM to Lieutenant-Colonel Dusko Adamovic.  Can you say -- can you

14     give us any details about the contents and the subject of this letter?

15        A.   I suppose that the chief of the secretariat had this information.

16     Actually, that's what I remember, more or less, because he hailed from

17     the area of Strbac.  He probably reserved information from our positions

18     or the locals that a laser beam was directed from Brezovica by two

19     unidentified persons.  However, the incident was not reported in a timely

20     fashion so that no measures were taken.

21             I don't understand this --

22        Q.   Witness, there is also item 2 here, and this report -- what does

23     this report treat or deal with?  What kind of problems?  How did your SUP

24     react to that?

25        A.   Again there was a problem in the village of Gornje Nerodimlje,

Page 12706

 1     that was the second such instance.  The first time around, I explained

 2     how we resolved the problem, but the locals were sore because the

 3     OSCE Mission members did nothing about the people who were abducted from

 4     that village.  So that they didn't allow convoys with humanitarian aid to

 5     pass through.

 6        Q.   Does this refer to the families of the persons who were

 7     kidnapped?

 8        A.   No.  Actually, it was practically all the population of

 9     those -- of that village who had gathered, and the fiercest reaction was

10     that of the son of the kidnapped Veselin Lazic.  He was even in poor

11     health, I think.

12        Q.   Thank you.  Did you inform the staff of the MUP in Pristina about

13     problems related to the safety of the KVM?

14        A.   Yes, regularly.  Whenever necessary.

15        Q.   Did you cover up any such problems?

16        A.   No, never.  There was no need to do that.

17             MR. DJURDJIC: [Interpretation] I seek to tender this document

18     into evidence.

19             JUDGE PARKER:  It will be received.

20             THE REGISTRAR:  Your Honours, that will be Exhibit D00838.

21             MR. DJURDJIC: [Interpretation] Can we now please see document

22     D010-0796.

23        Q.   That's tab 48, sir.  This is a list of incidents of the Urosevac

24     SUP dated the 8th of March, 1999.  To who was it sent, sir?

25        A.   It was sent to the staff of the MUP for AP KiM in Pristina.

Page 12707

 1        Q.   Here we see in the fourth and fifth paragraphs that the KVM were

 2     interested in the apprehension of persons and their being interviewed.

 3     Did you give them information about that and state the reasons for these

 4     interviews?

 5        A.   Yes.  We gave them the relevant information about everything they

 6     were interested in.  I remember when they came to see me personally, I

 7     couldn't always give them a firsthand answer, but through the chief of

 8     the OKP or through other channels, I checked the information and then

 9     gave it to them.

10             MR. DJURDJIC: [Interpretation] I seek to tender this document

11     into evidence.

12             JUDGE PARKER:  Yes.

13             THE REGISTRAR:  Your Honours, that will be Exhibit D00839.

14             MR. DJURDJIC: [Interpretation] Thank you.  Can we now see

15     D008-0687.

16        Q.   That's tab 99 [as interpreted].  This is the statement of

17     Beqa Shefqet which he gave to members of the OKP Urosevac on the

18     10th of March, 1999.  I'm interested in the information that you had of

19     the activities of the KLA at the time in and around Dubrava village?

20        A.   Well, I can repeat that the villages of Gajre, Ivaja, Kotlina,

21     Pustenik, Gorance were in the area where strong forces of the so-called

22     KLA were concentrated.  They were well armed, and they were constantly

23     mobilising people forcibly.  We had intelligence to that effect, so their

24     numbers grew constantly.  And in accordance with our operative

25     intelligence, they were meant to be the logistics for NATO's entry into

Page 12708

 1     the FRY.

 2        Q.   Was there any reaction of the SUP, a reaction to the KLA attacks

 3     directed against civilian population?

 4        A.   No.  I can claim that with full responsibility.  Based on

 5     everything I know, there has never been any activity taken against the

 6     civilian population or the Albanian ethnic group, only against

 7     terrorists.

 8             MR. DJURDJIC: [Interpretation] I seek to tender this document

 9     into evidence.

10             JUDGE PARKER:  It will be admitted.

11             THE REGISTRAR:  Your Honours, that will be Exhibit D00840.

12             MR. DJURDJIC: [Interpretation] Can we now please see document

13     D009-0905.  And that's tab 50.

14        Q.   We have in front of us a report on developments and activities of

15     the Urosevac SUP dated 12 March, 1999.  To whom was it sent?

16        A.   This report was sent to the MUP staff for the

17     Autonomous Province of Kosovo and Metohija in Pristina.

18        Q.   Could you please comment paragraph 1 of this report for us.

19        A.   Report on developments and activities --

20        Q.   No, you don't have to read it out aloud.  Just give me

21     your -- what -- give me what you know about the events mentioned in

22     paragraph 1.

23        A.   Yes, at that time, indeed, we had intelligence to the effect that

24     individual members of the OSCE Mission are grouping and marking bridges

25     in the area around Strbac.  I remember that they -- I remember receiving

Page 12709

 1     information from the Strpce police station that they had noticed such

 2     activities of members of the OSCE Mission.

 3        Q.   Thank you.  I'm now interested in paragraph 5.  What information

 4     did you have on the 12th of March, 1999?  Could you please comment.

 5        A.   I remember this case.  There was a military column, and it so

 6     happened that a police patrol was patrolling the road at the same time.

 7     Then both the army and the police were attacked.  Fire was opened at

 8     them.

 9        Q.   Witness, the following paragraph, can you comment and share with

10     us any information you have about that and similar such incidents?

11        A.   After that attack, certain persons were brought in for purpose of

12     information.  Their names are mentioned.  And it was in the area of the

13     villages I mentioned.  This is the road from Urosevac to Doganovic and

14     further on to the border crossing of Globocica.  And on that section of

15     the road from Doganovic to Globocica, the attack took place.  The

16     operation was continued to apprehend the terrorists, that is, those who

17     had carried out the attack.

18             MR. DJURDJIC: [Interpretation] I seek to tender this document

19     into evidence.

20             JUDGE PARKER:  Yes.

21             THE REGISTRAR:  Your Honours, that will be Exhibit D00841.

22             MR. DJURDJIC: [Interpretation]

23        Q.   Witness, do you know that in March attacks on the army and the

24     police as well as on vehicles moving on the road from Stimlje to Dulje

25     were continued?

Page 12710

 1        A.   Yes.  There were frequent attacks.  Actually, they hardly ever

 2     stopped from 1998 on.  The attacks took place almost daily, and there

 3     were real problems there.

 4             MR. DJURDJIC: [Interpretation] Could we now please see document

 5     D009-0919.

 6        Q.   That's tab 52 in your binder.  This is a letter from the SUP of

 7     Urosevac dated the 14th of March, 1999.  To whom was it sent?

 8        A.   It was sent to the staff of the MUP for the AP KiM in Pristina.

 9        Q.   Please comment the first paragraph.

10        A.   It's about an attack on members of the military, that is, a

11     vehicle of the military.  Soldier Aleksandar Mladenovic was lightly

12     injured.  I know that the traffic police provided first aid and that he

13     was taken to an infirmary.

14             MR. DJURDJIC: [Interpretation] I seek to tender this document

15     into evidence.

16             JUDGE PARKER:  Yes.

17             THE REGISTRAR:  Your Honours, that will be Exhibit D00842.

18             MR. DJURDJIC: [Interpretation] Can we now please see the

19     65 ter document of the Prosecution 01243.

20        Q.   It's tab 53 in your binder, sir.  Witness, what we have before us

21     is a survey of events, occurrences, and activities of the SUP Urosevac on

22     the 15th of March, 1999.

23        A.   Yes.  This dispatch, or rather, document, were sent to the staff

24     of the MUP for Kosovo and Metohija in Pristina.

25        Q.   I would just like you to give us your comments on the last

Page 12711

 1     paragraph --

 2             MR. STAMP:  Sorry, Your Honours, I'm not objecting, but I can't

 3     find the document.  I'm wondering if it's on one of the lists.

 4             MR. DJURDJIC: [Interpretation] The document is right before you.

 5     My learned friend, it is your 65 ter number 01243, and on the basis of

 6     that number, we had this document called up.

 7             JUDGE PARKER:  Thank you, Mr. Djurdjic.  Carry on.

 8             MR. DJURDJIC: [Interpretation] Thank you.

 9        Q.   Did you see that third paragraph?

10        A.   Yes.

11        Q.   What is it that the verifiers were asking about here?

12        A.   They inquired about the persons who had been brought into

13     custody.

14        Q.   On which day were these persons brought into custody?

15        A.   They were brought in on the 12th of March, 1999.  And the

16     question was what would be his fate and how long he would stay at the

17     SUP.

18        Q.   Do you remember the document of the 12th of March, the survey of

19     events, again, that there was that list of a number of persons who were

20     brought in for interviews?

21        A.   Yes, yes, I remember that from the previous document.  It was

22     roughly those persons.  Now, most of these persons were released and some

23     were detained for further processing.

24        Q.   Thank you.  We see here that all these persons were released

25     except for the two names mentioned here?

Page 12712

 1        A.   Yes.

 2        Q.   I would be interested in the following now:  How did the members

 3     of the KVM obtain the names of persons who were brought in for

 4     interviews, and how did they know about that in the first place?

 5        A.   I can just make an assumption; I cannot make an assertion.  But

 6     it's most probable that the families of those persons contacted the KVM,

 7     so it was under that pressure as it were that they came to check it out

 8     with us.

 9        Q.   Thank you.

10             MR. DJURDJIC: [Interpretation] Could this document please be

11     admitted into evidence.

12             JUDGE PARKER:  Yes.

13             THE REGISTRAR:  Your Honours, that will be Exhibit D00843.

14             MR. DJURDJIC: [Interpretation] Could we please have D007-0116.

15        Q.   It is tab 54 for you.  We have before us an Official Note of the

16     Kacanik police station compiled on the 16th of March, 1999.  And I would

17     be interested in the following:  What is your knowledge, what information

18     did you have with regard to the very last part of this Official Note?  So

19     after what was stated in this Official Note.

20        A.   As far as I understand things, or actually, let me say first of

21     all that the deputy commander of the police station of Kacanik filed this

22     Official Note, and I see my own handwriting in the upper right-hand

23     corner that I initialled it for the state security department and for the

24     crime police department, in the upper right-hand corner.  This has to do

25     with the following information:  Mr. Sulejman Loku came and stated that a

Page 12713

 1     group of armed men came on the 27th of February, 1999, with KLA insignia

 2     and they took away his hunting rifle.

 3        Q.   I actually asked you about the very last part, the last two or

 4     three sentences.

 5        A.   It says here in the note that they actually expelled them into

 6     the forest.  They didn't allow them to move out of there until the police

 7     arrived.

 8        Q.   Did you have any intelligence to the effect that the KLA was

 9     relocating the population from their villages?

10        A.   Yes, yes.  In several places we obtained this kind of

11     intelligence.

12        Q.   Thank you.

13             MR. DJURDJIC: [Interpretation] Could this document please be

14     admitted into evidence.

15             JUDGE PARKER:  Yes.

16             THE REGISTRAR:  Your Honours, that will be Exhibit D00844.

17             MR. DJURDJIC: [Interpretation] D008-5437, please.

18        Q.   It's number 55 for you.

19             MR. DJURDJIC: [Interpretation] D008-5637.

20        Q.   Let me ask you something before that, Witness.  We have here

21     Rafiz Lika's statement that he gave to the OKP of Urosevac on the 20th of

22     March.  I would like to ask you about the mobilisation carried out by the

23     KLA in the areas towards the Macedonian border in March 1999.

24        A.   As I've already said, members of the so-called KLA carried out

25     forest mobilisation in addition to their other activities.  They

Page 12714

 1     threatened people, intimidated them, they resorted to all sorts of

 2     methods in order to have as many people as possible in their ranks.

 3        Q.   Thank you.

 4             MR. DJURDJIC: [Interpretation] Could this document please be

 5     admitted into evidence.

 6             JUDGE PARKER:  Yes.

 7             THE REGISTRAR:  Your Honours, that will be Exhibit D00845.

 8             MR. DJURDJIC: [Interpretation]

 9        Q.   Witness, we had several documents here related to KLA activities

10     in the part of the Kacanik municipality facing the Macedonian border.

11     Were there any reactions to such KLA terrorist activity in March 1999?

12     Do you know about that?

13        A.   Yes, I remember that, according to the same principle, the chief

14     of secretariat compiled a proposal and sent it to the staff, namely to

15     arrest terrorists in Ivaja, Kotlina, Pustenik, in that area.

16        Q.   Do you know whether this action was actually carried out?

17        A.   I do know that this action was carried out.  Now, I know for sure

18     that the Urosevac company of the PJP took part.  I am not sure, but I

19     think it was also the PJP of the Gnjilane SUP and members of the army.

20        Q.   Thank you.  This action was aimed against who?

21        A.   Not only this action, but all actions were aimed against Albanian

22     terrorists.  By no means were they aimed against civilians, Albanians as

23     such.

24        Q.   After this action, was an on-site investigation carried out?

25        A.   Yes, I remember, and I think I actually saw

Page 12715

 1     Ms. Milicevic, Ljiljana I think her first name was.  She was the

 2     municipal investigating judge.  And also Boza Radic, the municipal public

 3     prosecutor in Urosevac.  They carried out the on-site investigation

 4     together with the team from Urosevac.

 5             MR. DJURDJIC: [Interpretation] Could we please have D002-4416.

 6        Q.   Witness, what about the forensic team from the Urosevac SUP, did

 7     they compile their report?

 8        A.   Yes.  I see that here.  The forensic team wrote up a report on

 9     that on-site investigation too.

10        Q.   Do you know what was found in these villages?

11        A.   As far as I can remember, a certain amount of weapons were found,

12     but truth to tell, I do not remember the exact amount.  Then parts of

13     uniform -- also there were some bunkers in the area where terrorists had

14     been hiding and from where they attacked the army and the police.  I

15     think that's the way it was then.

16             MR. DJURDJIC: [Interpretation] Could we please have D002-4424.

17        Q.   Are these photographs of these bunkers in the forest, Witness?

18        A.   Yes.  Yes those are the bunkers that were in the forest.

19        Q.   Thank you.

20             MR. DJURDJIC: [Interpretation] Could we also have D002-4423 now.

21        Q.   These are photographs that show what was found on the scene.  We

22     see the victims and we see the equipment.

23        A.   Yes.

24             MR. DJURDJIC: [Interpretation] I'd like to tender this document,

25     please.

Page 12716

 1             JUDGE PARKER:  Is this all one document, Mr. Djurdjic?  I believe

 2     the answer is yes.

 3             MR. DJURDJIC: [Interpretation] Yes, certainly, because the

 4     photographs were not translated, naturally.  It's only the text that was

 5     translated.

 6             JUDGE PARKER:  They will be received.

 7             THE REGISTRAR:  Your Honours, that will be Exhibit D00846.

 8             MR. DJURDJIC: [Interpretation] Could we please have document

 9     D008-5649.

10        Q.   It's tab 57 for you.  We have here a statement that was given to

11     the Urosevac OKP on the 26th of March, 1999.  The statement was made by

12     Laqi, Naser?

13        A.   Yes.

14        Q.   Witness, after this action, people were brought in, people who

15     were taking part in terrorist activities.  Was this done by your

16     policemen?

17        A.   Well, regular policemen were involved only in bringing these

18     persons in.  In the field, it's probably the PJPs and the military that

19     came across these persons.

20        Q.   And then these interviews were conducted.  We have a statement

21     here, and to the best of your knowledge, was that information

22     corroborated about the activities of the KLA in Ivaja and Kotlina in

23     March?

24        A.   Yes, that was confirmed.  What was found was what I described a

25     few moments ago; equipment, weapons, fortifications, trenches, dugouts,

Page 12717

 1     et cetera, bunkers.

 2        Q.   Thank you.

 3             MR. DJURDJIC: [Interpretation] Could this document please be

 4     admitted.

 5             JUDGE PARKER:  Yes.

 6             THE REGISTRAR:  Your Honours, that will be Exhibit D00847.

 7             MR. DJURDJIC: [Interpretation] D008-5631, could we have that

 8     document, please.

 9        Q.   It is tab 58 for you.  Witness, we have a statement here of

10     Loki, Kadri on the 6th of April, 1999.  He gave it to the OKP of the

11     Urosevac SUP.  Can you please give us your comments with regard to

12     paragraph 2 and your knowledge at the time about the area that we are

13     talking about and also what the situation was like during the course of

14     the war.

15        A.   Well, you see, we knew all the things that I've already spoken

16     about, so we had all that intelligence, and this person indeed confirmed

17     that strong forces of the terrorist gangs were concentrated in that area,

18     that they were carrying out forced mobilisation, and that they were

19     making efforts to take steps in order to act as the infantry that would

20     allow a NATO land invasion of the FRY.

21        Q.   Thank you.

22             MR. DJURDJIC: [Interpretation] Could this document please be

23     admitted into evidence.

24             JUDGE PARKER:  Yes.

25             THE REGISTRAR:  Your Honours, that will be Exhibit D00848.

Page 12718

 1             MR. DJURDJIC: [Interpretation] Could we please see D008-5635.

 2        Q.   That's tab 60.  We'll see a statement dated the

 3     14th of April, 1999.  It was is a statement taken from

 4     Elezi, Dufki [as interpreted] by the OKP about the same area.  Does this

 5     confirm the information that you had at the time?

 6        A.   The statement of Rufki Elezi indeed confirms all information that

 7     we had previously.

 8             MR. DJURDJIC: [Interpretation] I seek to tender this document

 9     into evidence.

10             JUDGE PARKER:  Yes.

11             THE REGISTRAR:  Your Honours, that will be Exhibit D00849.

12             MR. DJURDJIC: [Interpretation] Could we now please see D006-4596.

13        Q.   That's tab 59 in your binder.  We can see a criminal report of

14     the OKP of the Urosevac SUP dated the 25th of April, 1999, about events

15     that took place on the 8th of April, 1999, at an entry point to the town

16     of Kacanik.  What do you know about this event, and can you give us more

17     details?

18        A.   I remember this event perfectly well.  I remember that there was

19     a police patrol on the road toward the border crossing of

20     Djeneral Jankovic.  That area was constantly targeted by terrorists.  At

21     the -- in the outskirts of Kacanik, I think that was the Duskaja

22     settlement, across the road from the gas station, there was a newly built

23     housing development.  And, from that area, strong fire was opened at the

24     Pinzgauer vehicle.  I haven't had a chance to read this, but I believe

25     that eight police officers were wounded then.

Page 12719

 1        Q.   Thank you.  In all these incidents, or rather, after all these

 2     incidents, did forensic technicians go to the locations to carry out an

 3     on-site investigation?

 4        A.   It wasn't possible to do that immediately in this case.  And then

 5     upon the instructions given by the chief of SUP, patrols were sent out to

 6     provide assistance and conduct a search for the terrorists.  After the

 7     operation which went on until the following day, so after the end of the

 8     operation, the on-site investigation was carried out, photographs were

 9     taken, et cetera.

10             MR. DJURDJIC: [Interpretation] Could we now please see page 5 of

11     the English version and page 006-4599 of the Serbian version.  Yes, thank

12     you.

13        Q.   What is this?

14        A.   Could you please repeat?

15        Q.   In your binder it is under number 623.  Go back.  This must be

16     it.  It reads "Case File Cover."  Have you found it?

17        A.   Yes.

18        Q.   And now the following page, please.  In the lower corner you can

19     see number 624?

20        A.   Yes.

21        Q.   This is the report of the forensic technicians?

22        A.   Yes.

23        Q.   It's about an on-site investigation conducted on the

24     9th of April, 1995 [as interpreted], and drawn up on the 21st of May of

25     the same year.

Page 12720

 1             MR. DJURDJIC: [Interpretation] Can we go to the following page,

 2     please.  Could we please see pages 8 and 9 of the English version.

 3             In line 4, page 51, should read 1999 rather than 1995.  I seek to

 4     tender this document into evidence.

 5             JUDGE PARKER:  It will be received.

 6                           [Trial Chamber and Registrar confer]

 7             JUDGE PARKER:  I'm told it's over 130 pages, Mr. Djurdjic.

 8             MR. DJURDJIC: [Interpretation] Your Honour, I'm tendering just

 9     the one that I showed.  The English translation also contains images.  So

10     I'm just tendering the documents that I referred to.  The English pages

11     are the ones that I showed, that is, the criminal report, and forensic

12     examination report, and the pages that were displayed.  I just want to

13     tender these.

14             JUDGE PARKER:  We will try to identify and separate those, and

15     they will be received as an exhibit.

16             THE REGISTRAR:  Your Honours, that will be Exhibit D00850.

17             MR. DJURDJIC: [Interpretation] Could we now please see

18     Exhibit P1205.

19        Q.   In your binder, it is tab 61.  This is a dispatch of the

20     department of public security dated 15 January 1999, signed by

21     General Vlastimir Djordjevic, chief of the RJB.  Tell us to which SUPs

22     was this dispatch sent?

23        A.   It was sent to all SUPs in the Republic of Serbia from 1 til 33.

24        Q.   Did you receive this dispatch in the Urosevac SUP?

25        A.   Yes, the chief did.

Page 12721

 1        Q.   Are you familiar with its contents?

 2        A.   Yes, after the reception of this dispatch, the chief gave out

 3     tasks to the individual departments and tasked the heads of department to

 4     act in accordance with the dispatch.

 5             MR. DJURDJIC: [Interpretation] Can we please see Exhibit P356.

 6        Q.   Tab 62 in your binder.  This is dispatch number 312 of the MUP of

 7     the Republic of Serbia dated the 18th of February, 1999.  That is, it was

 8     sent out by the assistant minister and the chief of the department of

 9     public security General Vlastimir Djordjevic.  Can you tell us to which

10     SUPs this dispatch was sent?

11        A.   It was sent to all SUPs in the Republic of Serbia, the chief from

12     item 1 til item 33.

13        Q.   Did you receive this dispatch at the Urosevac SUP?

14        A.   Yes, we did.  We received it through the chief, and he informed

15     us of its contents.

16        Q.   What was the security situation like at the time, and which

17     measures were supposed to take in a -- pursuant to this dispatch, or

18     which measures did you take?

19        A.   We acted in accordance with the instructions contained in this

20     dispatch.

21        Q.   We can see item 1 here?

22        A.   Yes, update the defence plan.  That's what we did.  An officer

23     was charged with monitoring these activities.  This refers to updating of

24     lists, mobilisation, and the rest.

25        Q.   Under item 4, were there any tasks for your department?

Page 12722

 1        A.   Yes, certainly.  We had some untrained staff, so we had to train

 2     them.

 3        Q.   And did you act in accordance with items 5 and 6?

 4        A.   Yes.  Item 5, yes, item 6 also.

 5        Q.   In the introduction on page 1 of this dispatch, it's pointed out

 6     that there's a realistic threat of the FRY being attacked by NATO.  Did

 7     you have information about the situation at the time when this dispatch

 8     arrived at the SUP of Urosevac and everywhere else?

 9        A.   Well, it is well known that the situation in Kosovo and Metohija

10     was very difficult at the time.  And as for the NATO bombing, well, we

11     were informed because we had -- we followed the media coverage.

12        Q.   Thank you.

13             MR. DJURDJIC: [Interpretation] Can we please see Exhibit D438.

14        Q.   This is dispatch dated the 2nd of March, 1999.  It is a dispatch

15     of the -- of Vlastimir Djordjevic.  To which SUPs was it sent?

16        A.   Are you referring to dispatch 433?  It was sent to all SUPs in

17     the Republic of Serbia from items 1 -- from item 1 to item 33, to the

18     chief, to the staff in Pristina, and to the others.

19        Q.   And what were you instructed to do by this dispatch, and did you

20     implement that?

21        A.   Yes, there was passive-duty service introduced from 2200 hours

22     til 700 hours, and only in exceptional cases, if there are good reasons,

23     should policemen be allowed to take leave.

24             THE INTERPRETER:  Could the counsel please repeat what he just

25     said.

Page 12723

 1             MR. DJURDJIC: [Interpretation] Could we please see P1206, please.

 2        Q.   This is dispatch number 597, dated the 22nd of March, 1999.  It's

 3     a dispatch of the assistant minister and chief of the public security

 4     department Colonel-General Vlastimir Djordjevic.  To which SUPs was it

 5     sent?

 6        A.   To all SUPs in the Republic of Serbia from 1 to 33, to the chief,

 7     the staff of the MUP in Pristina, and the others.

 8        Q.   What were you instructed to do by this dispatch?

 9        A.   We were instructed to intensify the measures as laid out in the

10     previous dispatch, as far as I can tell.

11        Q.   And these dispatches were sent out whenever there was a threat of

12     war?

13        A.   Yes.

14        Q.   And two or three dispatches with similar contents are mentioned

15     here; right?

16        A.   Yes.  Number 312 of 18 February; 1685 of 18 September; and

17     1827 of 7 October; as well as the last number, 451 of 8 October 1998.

18        Q.   Thank you.

19             MR. DJURDJIC: [Interpretation] Can we now please see document

20     D -- sorry, it's Exhibit D248.

21        Q.   We see in front of us an order of the staff of the MUP in

22     Pristina dated 26 March 1999.  To who was this dispatch sent?

23        A.   To all SUPs in Kosovo and Metohija, to the chief, and every -- it

24     went to the commands of every detachment of the PJP.

25        Q.   Did you act in accordance with this dispatch?

Page 12724

 1        A.   Yes, we did.

 2        Q.   This was the 26th of March.  The war had already started in 1999;

 3     right?

 4        A.   Yes.

 5        Q.   Thank you.

 6             MR. DJURDJIC: [Interpretation] Can we please see Exhibit D253.

 7        Q.   That's tab 66 in your binder.  This is a dispatch of the chief of

 8     the department of public security dated 27th March, 1999.

 9             MR. DJURDJIC: [Interpretation] Can we please see page 2.

10        Q.   Witness, to who was this dispatch sent?  To which SUPs, that is.

11        A.   To all SUPs from item 1 to item 33 and to the chiefs.

12        Q.   What did you do pursuant to this dispatch, and why was it sent

13     out?

14        A.   As far as I understand, this dispatch was sent out because

15     measures should be taken to find locators affixed to certain buildings or

16     facilities that could be used for the purpose of bombing by NATO.

17        Q.   Did you find any such devices in the territory of Urosevac?

18        A.   Yes, as far as I remember we did, but I don't remember the exact

19     locations.

20        Q.   Did you act in accordance with this dispatch?

21        A.   Yes, certainly.

22             MR. DJURDJIC: [Interpretation] Can we please see Exhibit D249,

23     please.

24        Q.   It's 67 in your binder.  This is a dispatch of the MUP staff in

25     Pristina dated the 2nd of April, 1999.  Could you please tell us who it

Page 12725

 1     was sent to, this dispatch?

 2        A.   This dispatch was sent to all chiefs of SUP in the area of

 3     Kosovo and Metohija and commanders of PJP detachments.

 4        Q.   Would you you please tell me, in relation to

 5     paragraphs 1, 2, and 3, did you act accordingly?

 6        A.   Yes.  We acted in accordance with this dispatch and previous

 7     ones, however, specifically on the basis of this dispatch, we established

 8     joint patrols.  These patrols actually had the task to do the following:

 9     Since they were mixed patrols consisting of members of the military and

10     the police, they were supposed to curb crime among members of the

11     military and police, and the citizens too, of course, but primarily

12     within the ranks of the military and the police.

13        Q.   Thank you.

14             MR. DJURDJIC: [Interpretation] I would like to have document P47.

15        Q.   It's tab 69 for you.  We have here a decree on Internal Affairs

16     during a state of war.  Witness, I think that we already discussed this

17     subject a bit, a change in disciplinary proceedings in a state of war

18     from the time when had this decree was passed.  Could you please tell me

19     what happened in practice.  How was this decree amended?

20        A.   Before this decree was passed, disciplinary proceedings took

21     place in a regular fashion.  There was a disciplinary prosecutor, a

22     disciplinary chamber or court, and a disciplinary investigator, if it had

23     to do with a crime.  If a member of the police or the secretariat had

24     committed a crime.

25             According to this decree, the proceedings are shortened.  The

Page 12726

 1     head of the organisational unit to which the policeman or employee who

 2     was the perpetrator belonged collects all information with regard to that

 3     and submits a proposal to the chief of secretariat who then decides on

 4     the disciplinary measure that is to be taken.

 5        Q.   Thank you.  In the very last subparagraph of Article 9, it says

 6     that "the prescribed measures and punishments for serious violations of

 7     professional duties and responsibility shall be pronounced by the head of

 8     a sector of the ministry or a person authorised by him"?

 9        A.   Precisely.  The chief of secretariat in my secretariat.

10             MR. DJURDJIC: [Interpretation] Could we now please have P1050.

11        Q.   Tab 70 for you.  We have here a document dated the

12     9th of April, 1999, and it was sent by the public security department

13     to ... could you please tell us?

14        A.   This document was sent to all secretariats of the interior of the

15     Republic of Serbia, to all the chiefs.

16        Q.   Thank you, we have all the rest.  Tell me, if we look at this

17     document, the introductory part, what is the head of public security

18     saying to all these addressees?

19        A.   In addition to serious violations of work duty --

20        Q.   No, no, just the first two paragraphs.  That's what I'm asking

21     about.

22        A.   Oh, the first two paragraphs.

23        Q.   What did he make you aware of?

24        A.   The Official Gazette of the Republic of Serbia, is that what you

25     mean?

Page 12727

 1        Q.   Did he make you aware of the changes that took place?

 2        A.   Yes, certainly.

 3        Q.   Now, on page 2, the chief of the public security sector --

 4        A.   Yes, authorised the chiefs of SUPs.  Specifically in my situation

 5     it was the chief of the secretariat who had the right to impose

 6     disciplinary measures.

 7        Q.   Thank you.

 8             MR. DJURDJIC: [Interpretation] Could we now have D262, please.

 9        Q.   It's tab 71 in your binder.  The 21st of April, 1999, is the

10     date, and it was sent by Petar Zekovic, General Petar Zekovic.  Did you

11     receive this?

12        A.   Yes.

13        Q.   So what is stated here?

14        A.   The assistant minister, Major-General Petar Zekovic, explains in

15     greater detail what the procedure should be in case of disciplinary

16     proceedings.

17        Q.   Thank you.  And who was this sent to?

18        A.   It was sent to all chiefs of secretariat SUPs in the territory of

19     the Republic of Serbia and other organisational units as well.

20        Q.   Thank you.

21             MR. DJURDJIC: [Interpretation] Your Honours, I think that this

22     would be the time for the technical break.

23             JUDGE PARKER:  Thank you.  Yes, we will have the second break

24     now.  We resume at 1.00.

25                           [The witness stands down]

Page 12728

 1                           --- Recess taken at 12.31 p.m.

 2                           --- On resuming at 1.03 p.m.

 3                           [The witness takes the stand]

 4             JUDGE PARKER:  Mr. Djurdjic.

 5             MR. DJURDJIC: [Interpretation] Thank you, Your Honours.

 6             Can we now please see Exhibit P1207.

 7        Q.   Tab 72 in your binder.  This is a dispatch of the chief of the

 8     department of public security General Vlastimir Djordjevic dated the

 9     12th of April, 1999.  Kindly tell us to which SUPs it was sent.

10        A.   To all SUPs in the Republic of Serbia, that is, the chiefs of the

11     SUPs from 1 to 33.

12        Q.   In item 1, what is dealt with, and what is to be done?

13        A.   It says in co-operation with the town and municipal civil

14     protection staffs and others, monitoring and finding locators is ordered.

15        Q.   Were there obligations under item 3 also?

16        A.   Yes, yes.  We were obliged to act under item 3 also.

17        Q.   Were you acquainted with the dispatch once it arrived at the

18     Urosevac SUP?

19        A.   Yes, the chief of the secretariat acquainted us with it.

20             MR. DJURDJIC: [Interpretation] Could we now please see D004-1916.

21        Q.   That is tab 73 in your binder.  It's a dispatch of the MUP staff

22     for KiM dated the 29 of April, 1999.  Can you tell us to who it was sent?

23        A.   To all SUPs in Kosovo and Metohija, the chiefs of the SUPs.

24        Q.   Were you familiarised with the dispatch when it arrived?

25        A.   Yes.

Page 12729

 1        Q.   Which measures did you take pursuant to this dispatch?

 2        A.   All measures were taken for police forces to behave in accordance

 3     with the dispatch in the course of carrying out their jobs and their

 4     tasks.

 5        Q.   It is mentioned here what is to be used.  Was that really used?

 6        A.   Yes, they were mostly helmets and protective jackets.

 7             MR. DJURDJIC: [Interpretation] I seek to tender this document

 8     into evidence.

 9             JUDGE PARKER:  Yes, it will be received.

10             THE REGISTRAR:  Your Honours, that will be Exhibit D00851.

11             MR. DJURDJIC: [Interpretation] Could we please see Exhibit D254.

12        Q.   That is tab 74 in your binder.  This is a dispatch of the chief

13     of the public security department of the MUP of Serbia.  Can you tell us

14     to which SUPs it was sent?

15        A.   This dispatch was sent to all SUPs in the Republic of Serbia and

16     the staff of the MUP in Pristina.

17        Q.   Did you act in accordance with this dispatch, and which measures

18     did you take?  To what activities does this dispatch refer?

19        A.   The dispatch applied practically to all staff of the ministry and

20     its organisational units.  We acted in accordance with the instructions

21     in the dispatch.

22        Q.   Thank you.

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

24     Exhibit D443.

25        Q.   Tab 75 in your binder.  Witness, this dispatch is a dispatch of

Page 12730

 1     the staff of the MUP in Pristina dated 6 May 1999.  To who was this

 2     dispatch sent?

 3        A.   To all secretariats in Kosovo and Metohija and the commanders of

 4     the -- of PJPs 21 through 87 as well as to the special anti-terrorist

 5     unit.

 6        Q.   What did you do pursuant to paragraph 1 of this letter?

 7        A.   All police staff were acquainted with the contents as laid out in

 8     paragraph 1.

 9        Q.   What exactly was that?

10        A.   It's an -- it's the reports of the president of the FRY by the

11     head of the MUP Major-General Sreten Lukic and the others.

12        Q.   What about the other organisational units?

13        A.   The organisational units informed their respective staff.

14        Q.   To who did they -- you forward this exactly?

15        A.   To the police stations outside the SUP headquarters.

16             MR. DJURDJIC: [Interpretation] Can we now please see

17     document D004-1619.

18        Q.   This is a dispatch of the MUP staff of the Republic of Serbia in

19     Pristina dated 2 June 1999.  Tell us to who it was sent.

20        A.   To all SUPs in Kosovo and Metohija, that is, the chiefs and to

21     the rest.

22        Q.   Did you act pursuant to this dispatch?

23        A.   Yes, we did.

24             MR. DJURDJIC: [Interpretation] I seek to tender this document

25     into evidence.

Page 12731

 1             JUDGE PARKER:  It will be received.

 2             THE REGISTRAR:  Your Honours, that will be Exhibit D00852.

 3             MR. DJURDJIC: [Interpretation]

 4        Q.   Witness, when the bombing and the war started, were there

 5     movements of the population?

 6        A.   At the beginning of the war, that is, the NATO aggression on the

 7     Federal Republic of Yugoslavia, from the area covered by the secretariat

 8     for which I worked, there were citizens of all ethnicities leaving; that

 9     is, Albanians, Serbs, Roma, and others.  And I too relocated my family to

10     Serbia proper, to Pozarevac, that is, our children.  There was a work

11     obligation in place for us.  I worked with the police, and my wife worked

12     at the post office.  Of course, not the entire population was leaving but

13     great numbers were going in all directions.

14        Q.   After the beginning of the bombing, did the population from the

15     surrounding rural areas come to Urosevac?

16        A.   Well, yes.  From the villages around Urosevac where

17     anti-terrorist activities had taken place or where there had been

18     fighting between the police and the so-called KLA, from those areas, and

19     from other villages where even cluster bombs were dropped.  People were

20     leaving those places because they were scared, and came to town.

21        Q.   You mentioned cluster bombs being dropped.  Do you have firsthand

22     knowledge about such bombs?

23        A.   Yes, I know several locations where cluster bombs were dropped.

24     I know for sure that the Simporex [phoen] factory was targeted.  That is

25     along the road from Urosevac to Skopje or Urosevac Strpce.  I don't know

Page 12732

 1     how many exactly were dropped there, but it was certainly a huge amount

 2     that were dropped in that area.

 3             According to the information that we had - it must have been in

 4     Duganovic Selo or Dubrava, certainly thereabouts - cluster bombs were

 5     dropped, and, as far as I remember, two or three children of Albanian

 6     ethnicity played with that bomb and lost their lives in the process.

 7             In the area of Gornje Nerodimlje, there was also a massive drop

 8     of cluster bombs.  As far as I remember, on the hill above Stimlje too,

 9     in the village of Kostanje, cluster bombs were dropped.  One soldier was

10     lethally injured and four were seriously wounded.  There may have been

11     more locations, but I'm sure about these.  I remember that.

12        Q.   During the bombing, was there an inflow of people to Urosevac who

13     later left the town?

14        A.   Well, you know, there's a railroad station in Urosevac, and that

15     railroad station -- or rather, there's a railroad line from Kosovo Polje

16     through Urosevac and it goes on to Skopje, and there were trains running

17     through Urosevac, I don't know whether they were regular or special

18     lines, but there were people on those trains.

19        Q.   Did you have any contact with the people who were leaving

20     Urosevac?

21        A.   I remember one such instance.  I think it was after the bombing

22     of the column that was moving toward Djakovica.  A large number of people

23     gathered at the train station if Urosevac.  And I received instructions

24     from the chief of the SUP to go there and warn those people to leave the

25     place because they were likely to be the target of a NATO attack.  I knew

Page 12733

 1     some of these people.  I had seen them before and had tried to persuade

 2     them to return to their homes because they really could become the target

 3     of an attack.  But they said to me, We are already leaving and there's no

 4     going back.  So they didn't heed my warnings.  They said that the reason

 5     for the departure was the NATO bombing.  Whether there was another

 6     reason, I don't know.

 7        Q.   Did the people leave Urosevac by other means of transportation

 8     too?

 9        A.   Yes, they did.  The town of Urosevac -- or rather, not many

10     people left the town of Urosevac because throughout the war we met each

11     other and had in contact.  I even saw Albanians and Serbs sitting in

12     cafes together and having coffees -- or having coffee or anything else to

13     drink.

14        Q.   Did the Urosevac SUP or any other body of the MUP organise

15     transportation for Albanians to leave the town?

16        A.   No, the Urosevac SUP never did that.  I can tell you firsthand

17     that I went to talk to those people and persuade them to return to their

18     homes, but I couldn't force anyone to do that because the law didn't

19     allow me to.  But I know for sure that nobody from the SUP organised

20     transportation.  Whatever was organised, whether there were buses or

21     trains, well, that was organised on a private basis.

22        Q.   Did you take measures against certain organisations that violated

23     the rules about the transportation of persons?

24        A.   Yes, as far as I know, we filed some criminal reports.  Actually,

25     the officers from the crime police department did because there were

Page 12734

 1     complaints by citizens - and we also had intelligence to that

 2     effect - that on buses they were charging much more money than the

 3     official price of the ticket.  So that several persons were detained

 4     because of that.

 5        Q.   During the war in 1999, in accordance with the laws and

 6     regulations in force in the Federal Republic of Yugoslavia, were all

 7     persons leaving the country obliged to pay an exit tax?

 8        A.   Yes.  All citizens of the Federal Republic of Yugoslavia were

 9     obliged to pay such a tax upon leaving the country.

10        Q.   Did you take any measures about that, and were there perhaps

11     instances of officials abusing their position at the border itself,

12     overcharging those on the way out?

13        A.   Yes, there were several instances of that happening, and I do

14     remember that some persons were actually prosecuted for doing that.

15        Q.   Can you tell us if at any point in time throughout 1998 or 1999

16     you ever issued instructions for measures to be taken against Albanian

17     civilians for their expulsion or for any form of abuse of the Albanians

18     to be tolerated or indeed for efforts to displace them to be encouraged?

19        A.   No, I've never done anything like that.  Even in cases -- or

20     rather, had I found out that any of my subordinates engaged in that type

21     of activity, I would have taken steps, disciplinary steps, specifically

22     against those persons.

23        Q.   What about your police officers.  Did they, in fact, escort any

24     Albanians leaving the country to Albania or Macedonia?

25        A.   No, I have no information indicating that any of the police were

Page 12735

 1     involved in escorting those columns.

 2        Q.   Thank you very much.

 3             MR. DJURDJIC: [Interpretation]  Your Honours, may we move into

 4     private session, please.

 5             JUDGE PARKER:  Private.

 6                           [Private session]

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 12736











11 Pages 12736-12740 redacted. Private session.















Page 12741

 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                           [Open session]

20             THE REGISTRAR:  Your Honours, we are back in open session.

21             MR. DJURDJIC: [Interpretation] Your Honours, I have no further

22     questions for this witness.  This concludes my examination-in-chief.

23     Thank you.

24             JUDGE PARKER:  We have about one or two minutes, Mr. Stamp.

25     Would you think it more reasonable to commence tomorrow?

Page 12742

 1             MR. STAMP:  Yes, Your Honour, I certainly would.

 2             JUDGE PARKER:  I think we should then adjourn to resume tomorrow

 3     at 9 a.m.  We must adjourn now, the courtroom is used for another trial,

 4     and we continue tomorrow morning at 9.00.

 5             A Court Officer will assist you after we rise.  Thank you.

 6                           [The witness stands down]

 7                           --- Whereupon the hearing adjourned at 1.46 p.m.,

 8                           to be reconvened on Friday, the 12th day

 9                           of March, 2010, at 9.00 a.m.