100319IT

Page 13112

1 JUDGE FLUEGGE: Witness, I would like to hear a little bit more

2 about the mosque you entered when you saw the 40 bodies. Could you

3 describe the building when you entered, what did you see?

4 A. That day when we entered Racak, the mosque appeared undamaged.

5 It looked like any other mosque in terms of structure. It was surrounded

6 by a wall. As one enters the village and moves towards the centre it is

7 on the right-hand side. It is circular, has many windows and a large

8 open door. We entered the mosque. With me were all the team members as

9 well as the OSCE representatives and the journalists who were there both

10 domestic and foreign, with cameras. At a certain point in time, I

11 allowed them to record the corpses. I'm trying to say that we all saw

12 the corpses at the same moment.

13 As I said, the mosque is a circular building, and the corpses

14 were lined up in a circular fashion. Their heads were towards the

15 windows and their feet was the centre of the mosque. They were dressed,

16 and their faces were covered with something that resembled white towels.

17 The first thing I did was to tell my scene-of-crime officer to

18 assign numbers to each and every corpse because this is standard

19 procedure. Each corpse had to be tagged, and when the journalists were

20 recording, the forensic expert, Dr. Dobricanin, followed me from one

21 corpse to the next. He uncovered each of the corpses to see the head,

22 and we were mainly interested in seeing whether there were any visible

23 injuries to the heads and whether there was any blood. We all saw it at

24 the same time, it was all recorded.

25 After that the journalists left and we resumed our work.

Page 13113

1 JUDGE FLUEGGE: Who was it who entered the mosque first, you or

2 who was it?

3 A. I was the first and then I was followed by everyone else.

4 However, since the door was large and open, we all came in at the same

5 time. The rest of the people there asked me whether they could enter and

6 I said that we should all go in. The team members, the expert, the

7 verifiers, and the journalists. It's all on the footage. There's a CD

8 of that footage and you can see it all very well. It was shown in the

9 Milosevic case when I testified.

10 JUDGE FLUEGGE: How many people altogether?

11 A. You mean how many people, how many corpses were there in the

12 mosque?

13 JUDGE FLUEGGE: No. I know you testified there were 40 corpses,

14 but how many people entered the mosque at the same time? How many in

15 this group?

16 A. Well, I am afraid I can't be precise. In any case, the on-site

17 investigation team members, the prosecutor, the forensic expert, the

18 three representatives plus their interpreter, and there were journalists,

19 perhaps five or six, so I would say anywhere between 10 and 15. I really

20 didn't pay much attention to the exact number.

21 JUDGE FLUEGGE: Who touched the bodies? Who was really dealing

22 with the corpses at that time?

23 A. No one touched the bodies save for the expert. He didn't even

24 touch them, but he simply picked up the towel to see the head and then he

25 would put it back. No one else touched the bodies, and I didn't allow

Page 13114

1 anyone to do so.

2 JUDGE FLUEGGE: Did you personally see despite of the faces or

3 the heads anything else of the bodies, only the clothes of the bodies?

4 A. Yes, I have said so. They were all dressed in pants and jackets

5 as well as vests and shoes. What I was able to observe that most of the

6 corpses had thick soldiers pants as well as army boots and something that

7 resembled army belts.

8 JUDGE FLUEGGE: Could you describe the clothes, especially the

9 trousers and the vests in a little bit more detail?

10 A. Well, they had woolen sweaters, jackets, and track suits. As for

11 the pants, they had the thick pants the army used to have. There may

12 have been some with regular pants or bottom parts of track suits, but it

13 was particularly interesting for me to see that some had what seemed to

14 be military items of clothing.

15 JUDGE FLUEGGE: Which colour?

16 A. Navy blue and dark grey.

17 JUDGE FLUEGGE: Thank you. And could you describe the clothes of

18 the female body?

19 A. To tell you the truth, I really cannot recall that.

20 JUDGE FLUEGGE: How long did you stay in the mosque?

21 A. We didn't stay in the mosque for a long time. After we checked

22 the bodies, everyone left the mosque, save for the scene of crime

23 officers. In front of the mosque, there had already been a cistern or a

24 reservoir truck parked. There were some workers there who were in charge

25 of placing each corpse in a separate body-bag. The body-bags were sealed

Page 13115

1 after which the corpses were put on to the truck. As a matter of fact,

2 it was a refrigerator truck.

3 In the presence of the verifiers, I ordered that the truck be

4 sealed and that it was not to be touched until we returned from the

5 field.

6 JUDGE FLUEGGE: Thank you. And I'm interested in the concrete

7 work and the duty of Dr. Dobricanin. What exactly did he when he was in

8 the mosque?

9 A. Mr. Dobricanin?

10 JUDGE FLUEGGE: Yes.

11 A. As I said, he looked at each corpse individually. He would raise

12 the towel, check the head, comment on something, and he put it back.

13 That's all he could do at that time as a doctor, a forensic medical

14 expert, that's all he could do at that moment to offer what he could

15 immediately observe. This was not an official examination. He merely

16 wanted to check what we were interested in the most, and that is to see

17 whether there were any traces of slaughter on those bodies that could be

18 determined visually.

19 JUDGE FLUEGGE: That means he didn't turn the bodies to the other

20 side, upside down, or investigated the heads of the bodies? He just

21 looked at them? Did I understand you correctly?

22 A. Yes, he did.

23 JUDGE FLUEGGE: When he -- he looked at every and each of these

24 40 bodies as you told us, and then you heard his comment that he stated

25 loud that there were no trace of any slaughter on those bodies, and this

Page 13116

1 way it is recorded what you said yesterday. Have you an estimation

2 between the beginning of his investigation to this comment?

3 A. Time-wise I don't know how long it lasted, but he made the full

4 round of the bodies, and he commented on it, and it was all recorded.

5 You can hear it for yourselves. You can hear him say those things.

6 JUDGE FLUEGGE: Thank you very much.

7 JUDGE BAIRD: Mrs. Marinkovic, I should like to take you back to

8 your evidence touching Gornje Obrinje very briefly. Now, you testified

9 that the district court in Pristina had received a request from a number

10 of families who lived in Gornje Obrinje? And they had reported that some

11 of the family members who had been killed were actually buried in Gornje

12 Obrinje; correct?

13 A. That was the information we had. We were not able to verify it

14 though.

15 JUDGE BAIRD: Yes. Now, did you get any idea at all as to how

16 many bodies there were buried there?

17 A. As far as I can recall, in their request they did not specify any

18 numbers. Perhaps they didn't know it either. We tried to ascertain that

19 and in order to do so, all the bodies found needed to be exhumed and

20 autopsied. This was all supposed to have been done on the spot, hence I

21 am afraid I cannot estimate.

22 JUDGE BAIRD: You never did get that number. But tell me now, in

23 answer to Ms. Gopalan, you stated that the on-site investigation was

24 never completed because you were prevented from attending the scene. I

25 think Helena Ranta you said told you that there were KLA blockades and

Page 13117

1 there was a conversation between you and Ms. Ranta. And you said, for

2 objective reasons, the investigation could not have been completed.

3 A. Yes.

4 JUDGE BAIRD: Well, now, you testified that in Racak you were

5 prevented from carrying out the on-site investigation on three occasions.

6 You went first on the 15th and you were shot at and you had to return to

7 Stimlje. And notwithstanding that danger, you returned on the 16th, and

8 again you were shot at, and you had to return to Stimlje. And you went

9 again on the 17th and again you were shot at, and it was only on the 18th

10 that you were able to carry out that investigation in Racak.

11 Now, my question to you, Mrs. Marinkovic, is this: Having been

12 prevented from attending the scene at Gornje Obrinje on one occasion, why

13 did you not return a second or a third time as you did in Racak? Can you

14 tell me?

15 A. Because there was no goodwill on the part of the Finnish team to

16 do this jointly. They actually tried to steer clear of us avoiding any

17 further contact.

18 JUDGE BAIRD: So is it that the investigation depended on the

19 Finnish team to be carried out?

20 A. It didn't depend on the Finnish team, but given that it was on

21 the level of the court and the prosecutor's office as well as the Finnish

22 team, there had been a meeting, they agreed upon doing this jointly.

23 Therefore, I had no further influence on that. This was decided upon on

24 a level senior to mine to go there the next day. Helena Ranta herself

25 said that there were terrorists, that there were KLA in Gornje Obrinje

Page 13118

1 and that we wouldn't be able to conduct an on-site investigation.

2 JUDGE BAIRD: So as far as you can tell us, you never conducted

3 an investigation into the killing and burial of those persons, did you?

4 A. Well, I didn't. Someone else might have. Since I didn't do it,

5 it didn't necessarily have to mean that no one else could. I really

6 don't know whether there was an on-site investigation and whether it was

7 ever completed. On the day I wanted to go, it wasn't, but I don't know

8 whether it was followed up.

9 JUDGE BAIRD: But for somebody else to have done that, what would

10 have had to happen? Would there have to be fresh requests? Would

11 Ms. Ranta have to come in? What would have to happen?

12 A. If the family asked for it to be done, if it was in their

13 interest, then the president was supposed to decide on it and to assign

14 it to me or someone else. This was just a single investigative measure

15 depending on the fact who was on duty at any given point in time and who

16 was there to conduct an on-site investigation.

17 JUDGE BAIRD: And this leads me now to another question, Mrs.

18 Marinkovic, you stated that the families were no longer requesting any

19 investigations, and my question is, the families having made the first

20 request for an investigation into the killing and burying of their family

21 members, was it necessary for them to make further and continuous

22 requests for that investigation to continue on, or could that one request

23 have been sufficient?

24 A. Well, that request was submitted by the families of the victims.

25 We, in such case, act urgently following the receipt of such a request

Page 13119

1 filed by the families of victims.

2 JUDGE BAIRD: Yes. But you said that one of the reasons why you

3 didn't pursue the investigation was because the families were no longer

4 requesting any investigations, and my question to you is, was it

5 necessary for them to continue requesting, having made the first request?

6 A. I'm trying to explain that. When we act upon a request, it is on

7 their request that we take any further steps. They didn't come to see me

8 subsequently. They may have turned to the court, maybe the court

9 president assigned it to someone else. I don't know what the final

10 outcome concerning the Gornje Obrinje incident was. I only know that on

11 that day we wanted to go there in order to complete it.

12 JUDGE BAIRD: I see. What time did you and the team set out from

13 Pristina for Gornje Obrinje? Do you recollect the time roughly?

14 A. I think we set out around 6.00 a.m. from Pristina. I know it was

15 early.

16 JUDGE BAIRD: Okay. As best you can, I know it may be a bit

17 difficult, but can you tell me, can you tell us, who comprised that team

18 that you set out with from Pristina? Roughly how many?

19 A. Standard members of an on-site investigation: Myself, the

20 district prosecutor, a court forensic expert, Mr. Dobricanin and his

21 assistant Dr. Susanna, I can't recall her last name. From the Finnish

22 team, there was Helena Ranta, the ambassador for human rights whose name

23 I can't recall with his wife, and two or three other persons. I know in

24 any case that there were two full OSCE vehicles. There was our vehicle

25 and a column of policemen who were there to accompany us and to secure

Page 13120

1 the scene. I don't know how many of them there were. At the head of the

2 column, there were OSCE representatives since they had visited the scene

3 once before without us.

4 JUDGE BAIRD: Now, how long would it have taken you, had you not

5 been stopped by Ms. Ranta. Roughly how long would it have taken you to

6 get from Prishtina to Gornje Obrinje?

7 A. As far as I can remember, we travelled quite a long time from

8 Pristina to -- I think we were halfway to Gornje Obrinje when we stopped.

9 I really can't recall how long it took us. In any case, we stopped in

10 the middle of the main road.

11 JUDGE BAIRD: But, now, that was when you and Ms. Ranta had the

12 conversation about her wanting you to go along and you wanted to have the

13 police escort.

14 A. Well, they stopped suddenly. We didn't know why.

15 JUDGE BAIRD: You said that. And you came out of the vehicle and

16 then you and Ms. Ranta spoke. Now, the important thing, though, Mrs.

17 Marinkovic, is that you say it was getting dark around that time?

18 A. It was during the winter, so after 4.00 or 5.00 p.m. it's already

19 dark. I don't know how long we stayed there. And the first moment I

20 thought they wanted to get some rest and that's why they had stopped and

21 then I started speaking with Helena. Then the ambassador's wife when she

22 realised the turn that conversation was taking, she couldn't say anything

23 but put her hands together and she said, Madam, please, no. She was

24 signalling to me not to go any further. I'll never forget that.

25 And then we realised that up on the hills they had already

Page 13121

1 started surrounding us in black uniforms slouched with automatic rifles.

2 They were setting up ambush. I've also explained the conversation I had

3 with Helena Ranta.

4 JUDGE BAIRD: If it were getting dark, Mrs. Marinkovic, by the

5 time you got to Gornje Obrinje, had you not been stopped, it would have

6 been dark, so how would you have carried out the exhumation in the

7 darkness?

8 A. No, no, we would not have arrived there during the dark. We

9 stayed quite a long time in the road explaining, discussing. Our plan

10 was to get there between 2.00 and 3.00 p.m. As Helena had told us, the

11 alleged mass grave was as one enters the village. That's the information

12 they had. Had we been able to reach that location, we would have been

13 able to complete it during daylight. We simply exhume the bodies, we

14 take samples, and then the rest including autopsies is done at the

15 forensic medical institute.

16 JUDGE BAIRD: Thank you. Now, there's just one last question,

17 Mrs. Marinkovic, and I shall relieve you. I want to hear your comments

18 on a matter. Now, you stated that during the investigation the

19 investigating judges, the only person authorised to collect evidence?

20 Yes?

21 A. Yes.

22 JUDGE BAIRD: And you also said that some investigative

23 activities the investigating judge would transfer to the police, for

24 example, an order to search certain facilities if necessary, to locate

25 the perpetrator of crime or objects that were used in committing crime.

Page 13122

1 A. Yes, these investigative measures.

2 JUDGE BAIRD: And you answered Mr. Djordjevic that the police

3 cannot ask questions or have demands towards the investigating judge or

4 even issue orders?

5 A. That is correct.

6 JUDGE BAIRD: Now, can I have your comment on this statement,

7 Mrs. Marinkovic. MUP officials could institute investigations when the

8 urgency of the situation required it, and they were not hampered by the

9 presence or absence of the investigative judge or the prosecutor. What

10 comment would you have on that?

11 A. Well, colleague, let me tell you, that was in force during the

12 state of war because a decree had been passed by the federal government

13 about the application of the war [as interpreted] on criminal procedure

14 in the state of war, so while the state of war was in force, the

15 investigating judge and police bodies could conduct an investigation

16 without a request made by the public prosecutor if that was urgent. But

17 the investigating judge and the MUP were duty-bound to immediately inform

18 the public prosecutor. But that applied only in the state of war

19 because --

20 JUDGE BAIRD: Did it ever happen? Did you ever experience it at

21 all?

22 A. No, I didn't. I wasn't faced with such a situation. The public

23 prosecutor always acted in a timely fashion, and I always carried out

24 their request. There was no case where I had to conduct an investigation

25 urgently and directly with that request by the public prosecutor.

Page 13127

1 course of the evidence of the last witness? We are not aware of any.

2 Just checking. Very well. That concludes that phase. I believe the

3 next witness may be waiting.

4 [The witness takes the stand]

5 JUDGE PARKER: Good afternoon.

6 THE WITNESS: [Interpretation] Good afternoon.

7 JUDGE PARKER: Would you please read aloud the affirmation shown

8 to you now.

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

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

11 JUDGE PARKER: Thank you. Please sit down.

12 THE WITNESS: [Interpretation] Thank you.

13 JUDGE PARKER: I believe Mr. Djurdjic has some questions for you.

14 MR. DJURDJIC: [Interpretation] Thank you, Your Honours.

15 WITNESS: VUKASIN JOKANOVIC

16 [Witness answered through interpreter]

17 Examination by Mr. Djurdjic:

18 Q. Good afternoon, Mr. Jokanovic.

19 A. Good afternoon.

20 Q. Please state for the transcript your personal information.

21 A. I am Vukasin Jokanovic. I was born on the 18th of November,

22 1939, in the village of Gornje Slatina, municipality Vitina in Kosovo.

23 Q. Thank you. Please tell us your current occupation.

24 A. I graduated from the faculty of law in Skopje, Macedonia. I

25 worked as a lawyer, and currently I am a pensioner.

Page 13128

1 Q. Thank you. Could you briefly tell us the main points of your

2 biography?

3 A. After graduating from university, I found a job at the tobacco

4 factory in Gnjilane. I worked there as a lawyer. After that, I worked

5 at a medical centre, also as a lawyer. In 1969, I was elected member of

6 the Municipal Assembly of Gnjilane. And in 1970 in April, I was elected

7 president of the Municipal Assembly of Gnjilane. I stayed in that

8 position for two terms of office, four years each, that is a total of

9 eight years.

10 After that, I was elected by the Provincial Assembly of Kosovo to

11 be a member of the executive committee of Kosovo, and at the same time I

12 was a provincial secretary for legislation and general administration. I

13 stayed in that position for four years. After that I was elected to be a

14 member of the provincial committee of the league of communists of Kosovo.

15 I was one of several executive secretaries in the dealing with the issues

16 of the political system and legal matters.

17 The Provincial Assembly of Kosovo also elected me a member of the

18 presidency of Kosovo. That was the highest ranking government body in

19 Kosovo, in the province of Kosovo. I stayed in that position until 1988,

20 early 1998, after which I was elected president of the Provincial

21 Assembly of Kosovo. I remained in that position for two terms in office,

22 each term of one year. So I stayed there throughout 1988 and 1989.

23 In late 1989 there were elections, and I was elected a member of

24 the Republican Assembly of Serbia from Kosovo for the constituency of

25 Gnjilane. So I was a member of Serbian parliament and vice-president of

Page 13129

1 parliament of Serbia.

2 After that I was member of parliament of the Federal Republic of

3 Yugoslavia. That was a truncated Yugoslavia which consisted only of

4 Serbia and Montenegro. In 1995, as far as I remember, I was elected

5 member of the cabinet, the federal cabinet of truncated Yugoslavia.

6 Apart from that, I was also minister of the interior. I stayed in that

7 position for three years.

8 After that the president of Yugoslavia, Zoran Lilic, and the

9 president of Montenegro as well as the president of Serbia proposed that

10 I be appointed state public prosecutor of Yugoslavia, and I remained in

11 that position for four years until the end of my term in office, and then

12 I retired.

13 Q. Thank you. We can see that most of your working career you spent

14 in Kosovo and Metohija. I would like to hear about the development of

15 the autonomy of Kosovo and Metohija.

16 A. I mostly worked on matters that had to do with that. After

17 Yugoslavia was created after the Second World War, the province was an

18 autonomous region by the name of Kosovo and Metohija, whereas Vojvodina

19 was a province. Later in 1963, Kosovo began to be called a province like

20 Vojvodina.

21 In the previous period, the highest-ranking legal act was its

22 statute, but under the new constitution as of 1963, the highest-ranking

23 legal act was the constitutional law. What followed were the amendments

24 in 1969, 1970, 1971, when the province received greater powers. And

25 under those amendments it was a province that was a constituent part of

Page 13130

1 the Republic of Serbia, but simultaneously it was a constituent element

2 of Yugoslavia. That position was reinforced by the 1974 constitution.

3 Q. Thank you. Can you tell us when you were first faced with

4 Albanian separatist demands?

5 A. I personally was faced with Albanian separatist demands in 1968

6 in Gnjilane for the first time. I worked and lived there at the time.

7 On the 27th of November, there were demonstrations. They started off

8 from the secondary school centre. That's a part of town where all the

9 secondary schools were. They started walking down the main street all

10 the way to the other end of town where they dispersed. They were

11 shouting out slogans like "Kosovo republic" for the most part, and

12 "unification."

13 Q. Thank you.

14 A. I can add that these demonstrations were a huge surprise to us

15 who lived in Gnjilane at the time, but even beyond Gnjilane because

16 Yugoslavia was very well organised at the time and so was the League of

17 Communists, and that was a shock to many citizens and to everybody who

18 supported the communist system.

19 Q. Can you tell us what the goal of these demonstrations was?

20 A. I believe the goal was or the aim was what you could tell from

21 the slogans, namely, that the province receive the status of a republic,

22 so that it be transformed from a province to a republic. And the second

23 slogan, "unification" I understood to mean the unification of territories

24 inhabited by Albanians. So if a province becomes a republic, it

25 practically becomes a state as part of the SFRY which was also a state.

Page 13131

1 Q. Now, that slogan "Kosovo republic" what did it mean politically

2 and legally?

3 A. It meant that the constitutional system in force was being

4 validated. And these demonstrations were assessed as hostile

5 demonstrations because they were undermining the legal system,

6 undermining the equality, brotherhood and unity, all the values that were

7 especially upheld at the time. And such demonstrations took place not

8 only in Gnjilane, but also in Urosevac at that time. But also in

9 Pristina, and I know that there were such demonstrations in Tetovo

10 Macedonia, too, where the ethnic Albanians are the majority population.

11 The demonstrations were held on the eve of an Albanian public

12 holiday, the 28th of November. Some call it flag day, but it's actually

13 an Albanian national holiday.

14 Q. Thank you. What was the difference between the status of an

15 autonomous province and that of a republic at the time of these

16 demonstrations?

17 A. There was an essential difference. The republics were states

18 with their borders and Yugoslavia as a state also had its borders.

19 Whereas, the provinces were parts of Serbia and they were social

20 political communities. That was the official term. So they didn't have

21 a stronger status than that.

22 Q. What were the consequences of these demonstrations?

23 A. Well, the inter-ethnic relations suffered most gravely from that

24 because tensions arose, and there was concern that the process that

25 started might be continued. I remember my father telling me, well, this

Page 13132

1 isn't all we've seen of it, this is going to spread. I was young at the

2 time and didn't believe him, but later I saw that it did spread indeed.

3 So inter-ethnic relations deteriorated and the process of leaving

4 Kosovo to relocate to other parts of Serbia began.

5 Q. Thank you.

6 JUDGE PARKER: Mr. Djurdjic, we have reached the time when we

7 must have the break. I'm sorry, we must interrupt your evidence at this

8 point, but our tapes must be rewound. Because of another matter, we may

9 be five or so minutes late in returning. So we'll aim for 20 minutes

10 past 4.00. We'll have a break. A Court Officer will assist you during

11 the break.

12 [The witness stands down]

13 --- Recess taken at 3.47 p.m.

14 --- On resuming at 4.25 p.m.

15 [The witness takes the stand]

16 JUDGE PARKER: Yes, Mr. Djurdjic.

17 MR. DJURDJIC: [Interpretation] Thank you, Your Honours.

18 Q. Mr. Jokanovic, a moment ago you told us that in 1974 a new

19 constitution of the SFRY was proclaimed as well as the constitutions of

20 Serbia and the Autonomous Province of Kosovo. By virtue of the new SFRY

21 constitution, what was the status of the province?

22 A. The SFRY constitution clearly prescribed that Yugoslavia

23 consisted of six republics, and that in one of the republics, i.e.,

24 Serbia, there were two provinces. These being Vojvodina and Kosovo.

25 MR. DJURDJIC: [Interpretation] Could we please have document --

Page 13133

1 Defence document D011-4638.

2 Your Honours, could we be allowed to provide the witness with a

3 binder of documents in hard copy so as to speed things up?

4 JUDGE PARKER: Yes, Mr. Djurdjic, but can we make clear now that

5 we are content to receive a quick and general introduction to the

6 previous history but you will appreciate our concern in this indictment

7 commences in 1999. We do not want to spend a long time learning detail

8 of matters that are not going to assist us in our decision. I mention

9 that now because if you are going to a large bundle of documents, it may

10 be the case that a number of them are not really relevant to the

11 materials in this case. So we ask you to bear that in mind as you deal

12 with the evidence. Thank you.

13 MR. DJURDJIC: [Interpretation] Your Honours, we don't have a

14 great deal of documents. It is our intention to indicate the basic

15 elements concerning the status of the autonomous province within the

16 Federation constitutionally and legally speaking. We heard several

17 witnesses testify about the removal of certain powers from the autonomous

18 province and the causes of what ensued. I intended to go through these

19 documents in a general fashion only.

20 JUDGE PARKER: We are grateful for that. Please keep it strongly

21 in mind. Thank you.

22 MR. DJURDJIC: [Interpretation]

23 Q. Witness --

24 MR. DJURDJIC: [Interpretation] Could we first have page 31. Now

25 that we can see that this was the constitution. Can we go to page 31,

Page 13134

1 Article 1 in both versions.

2 THE WITNESS: [Interpretation] Article 1?

3 MR. DJURDJIC: [Interpretation]

4 Q. Yes.

5 A. Do you want me to comment?

6 Q. Witness, please provide us with brief comments of Articles 1 and

7 2 bearing in mind of what you have just explained to us.

8 A. Article 1, the basis of that article is, without going through

9 all of it, that the SFRY was a federal state of different peoples and

10 United Nations in the form of socialist republics and socialist

11 Autonomous Provinces of Vojvodina and Kosovo, which were constituent

12 parts of the socialist Republic of Serbia. That was the basis. As for

13 Article 2 --

14 Q. Could you please comment on Article 3?

15 A. Article 2 or 3?

16 Q. 3.

17 A. Each republic is a state based on the sovereignty of the people.

18 This is important.

19 Q. Thank you. What about Article 4, what does that prescribe?

20 A. It states that the socialist autonomous provinces are social

21 political communities. This stresses the difference between a republic

22 and a socio-political community.

23 Q. Thank you. Briefly, Article 5.

24 A. The territories are those of the republics, and they are not to

25 be changed without the consent of the republic in question. The same

Page 13135

1 goes for the territory of the autonomous provinces.

2 Q. Thank you. What about the following two articles, who has

3 borders?

4 A. Yugoslavia and the republics. This is not a happenstance, this

5 is the constitutional terminology put in there to underline the

6 difference between the republics and provinces.

7 Q. Thank you.

8 MR. DJURDJIC: [Interpretation] Could we go to page 212 in the

9 English. That is Article 321 of the constitution.

10 Q. Can you comment briefly on this article by virtue of which the

11 Presidency of the SFRY ...

12 A. The briefest comment I can provide is that the most senior organ

13 in the Yugoslavia is the Presidency. That is to say, the collective

14 presidential institution comprising one member from each of the republics

15 and one member from each of the provinces who are to be elected by

16 members of the republican and provincial Assemblies. By secret ballot,

17 by all those present. In this most senior Yugoslavian body, there was

18 equal representation of all republics and provinces amounting to one

19 representative each.

20 Q. In the Assembly of the SFRY how many committees and councils were

21 there, and what was the representation of republics and provinces?

22 A. As far as I recall, the SFRY had the federal council, and in

23 each -- there were 30 deputies from each republic, and the provinces had

24 20 in it. The second council was the council of the republics and

25 provinces in which the republics had 12 deputies each and the provinces

Page 13136

1 8. This was to serve to stress the difference between the republics and

2 provinces in terms of numbers. In essence, this did not impact the

3 decision-making process because consensus was pursued in most cases.

4 MR. DJURDJIC: [Interpretation] Could we please go to page 194 in

5 the English.

6 Q. This is Article 291 and 292.

7 MR. DJURDJIC: [Interpretation] Your Honours, these articles

8 prescribe the composition of the councils of the Chambers, both of which

9 have been explained by the witness. I seek to tender this document into

10 evidence.

11 JUDGE PARKER: It will be received.

12 THE REGISTRAR: As Exhibit Number D00902. Thank you, Your

13 Honours.

14 MR. DJURDJIC: [Interpretation] Could we please have D130.

15 Q. It is your tab 2. We are about to see the constitution of the

16 Socialist Republic of Serbia from 1974. Can you tell us briefly what was

17 the status of the autonomous provinces according to this constitution?

18 A. I can't read it from the screen. Can you please zoom in. In any

19 case, I think that the constitution of the Republic of Serbia --

20 Q. Just a moment.

21 MR. DJURDJIC: [Interpretation] Could we go to page 16 in the

22 English and Article 1 in the Serbian. Page 16.

23 Q. In your binder, you have Article 1.

24 A. Of the Serbian constitution?

25 Q. Yes.

Page 13137

1 A. Let me see what page that is. Yes, I found it. Article 1. The

2 basic thing here is that the Socialist Republic of Serbia is a state of

3 the Serbian people and other nations and nationalities. The next article

4 states that, the next paragraph states that Serbia comprises the

5 Autonomous Provinces of Vojvodina and Kosovo, as well as that the

6 Socialist Republic of Serbia shall be a part of the Socialist Federal

7 Republic of Yugoslavia.

8 Q. Thank you.

9 MR. DJURDJIC: [Interpretation] Could we go to page 17 in the

10 English, please.

11 Q. This is your Article 3.

12 A. The territory of the republic shall comprise the territories of

13 the municipalities as envisaged by the law. The borders of the republic

14 may be changed only on the basis of a decision by the Assembly of the

15 Socialist Republic of Serbia. The borders were key and each and every

16 change had to be decided on by the Assembly. That's the gist of this

17 article.

18 Q. Thank you.

19 MR. DJURDJIC: [Interpretation] Let's go to page 99 in the

20 English.

21 Q. Article 291 in your binder.

22 A. Chapter 8, socialist autonomous provinces?

23 Q. Yes.

24 A. This is copied from the Yugoslav constitution stating that the

25 provinces were socio-political communities in which the nations and

Page 13138

1 nationalities exercised their sovereign rights except for those rights in

2 the common interests of the working people, citizens, nations and

3 nationalities of the republic as a whole. Such rights could only be

4 exercised within the republic as a whole.

5 MR. DJURDJIC: [Interpretation] Thank you. Could we next please

6 go to page 104 in the English.

7 Q. Article 300 in your binder. Just a brief comment, please.

8 A. Article 300 is the only article in the Serbian constitution which

9 enumerates the issues which may be applied uniformly across the territory

10 of the Republic of Serbia including the two provinces. Such issues and

11 laws pertaining to them are valid in the territory of the entire

12 republic. No other issues could be regulated by the republic save for

13 those enumerated in here. There were many problems concerning this

14 article, which I worked on as well.

15 Among other things, it envisaged the regulation of principles,

16 basic principles, as you can see in the items enumerated. In legal

17 interpretation, this posed many difficulties in the sense of what is the

18 concept and boundaries of a principle, a basic principle. There was much

19 discussion to come up with a universally accepted language of this

20 constitution. I was the secretary of the province, and I know that in

21 the technical legal process, there were many problems in how to interpret

22 the notion of principles, basic principles, et cetera. Basically all

23 matters which were not strictly prescribed.

24 Q. How were the delegates from the province of Kosovo represented in

25 the bodies of Serbia?

Page 13139

1 A. Concerning the Republic of Serbia, the autonomous provinces were

2 represented in the same way as any other part of Serbia's territory. It

3 depended on the population, the ethnic makeup, the number of

4 municipalities, and the number of workers because there were three

5 chambers. The provinces were represented in the Republic of Serbia in

6 such a way that Kosovo had its delegates. The number who are dependent

7 on the population, but there were three chambers, and one chamber was the

8 chamber of the municipalities.

9 Q. Did the delegates in Kosovo and Metohija take part in the

10 election of the Serbian member of the federal Presidency?

11 A. The delegates from Kosovo as well as those from Vojvodina were on

12 an equal footing with the other delegates from other parts of Serbia or

13 Serbia proper as it was called in the political lingo. They took part in

14 the elections for all structures, bodies, judges, in the legislative

15 process and in all matters about which the Assembly decided. So all

16 delegates from provinces or not took part in the decision-making process

17 on an equal footing.

18 MR. DJURDJIC: [Interpretation] Could we now please see page 125

19 of the English version and Article 361 of the Serbian original. That is

20 page 125 of the English version. And Article 361 in the Serbian version.

21 Let's just wait for it to appear on the screen.

22 Q. Here we can see the composition of the Presidency of Serbia?

23 A. Well, I wouldn't say that is Article 361. 364 --

24 Q. Yes, I apologise. It's actually 364 on page 125.

25 A. It has 15 members, they are elected by the Assembly of Serbia, as

Page 13140

1 I said, and by virtue of their position, the Presidency shall include the

2 president of the Assembly of the SRS, the president of the central

3 committee of the League of Communists, and the presidents of the

4 presidencies of the provinces.

5 Q. Now, you've mentioned the members from the province as being

6 members of the Presidency of Serbia. Did it apply vice-versa?

7 A. No, there were no representatives of other parts of Serbia in the

8 Presidency of Kosovo.

9 MR. DJURDJIC: [Interpretation] Could we please see D011-5078.

10 Your Honours, I wish to inform you that the translation of this document

11 is pending so we don't have an English version yet. It is just the basic

12 provisions upon which I would like to ask the witness to comment. This

13 is the constitution of the Socialist Autonomous Province of Kosovo, so

14 with the Chamber's leave, I would like to have this marked for

15 identification.

16 JUDGE PARKER: Yes, it will be marked.

17 THE REGISTRAR: As Exhibit Number D00903 marked for

18 identification. Thank you, Your Honours.

19 MR. DJURDJIC: [Interpretation]

20 Q. Witness, please give us a brief comment on Article 1 of the

21 constitution of the province of Kosovo.

22 A. The constitutions of Yugoslavia, of Serbia, and of Kosovo are

23 interconnected and many provisions are harmonised. This Article 1

24 defines the province of Kosovo, and as of 1974, the province of Kosovo

25 has had a constitution. Until that time it only had a constitutional law

Page 13141

1 as the highest legal act. The province is a socio-political community of

2 Albanians, Serbs, Turks, and Montenegrins. This was an issue whether a

3 strong presence in political life and, therefore, it wasn't possible to

4 treat the province as a province of Albanians but rather as a province of

5 the peoples and nationalities listed here in an alphabetic order. In one

6 linguistic version it's Albanians, Muslims, et cetera, and in the other

7 linguistic version the sequence is difference, the Albanians are

8 mentioned last because in the Albanian language the word for Albanian is

9 Siptar.

10 Q. Thank you.

11 A. This also includes the provision from the constitution of Serbia

12 stipulating that the province of Kosovo is an integral part of the

13 Republic of Serbia and of the Federation of Yugoslavia.

14 Q. Thank you. Could we have a brief comment of Article 4?

15 A. Article 4. The territory of the province shall consist of the

16 territories of the municipalities. And the province of -- the territory

17 of the province of Kosovo cannot be changed without the approval of the

18 provincial Assembly.

19 Q. And what about Article 4?

20 A. Article 4 --

21 Q. And Article 5, please, too.

22 A. Well, they speak about equality, which is the starting point of

23 all constitutions, that is all citizens have the same rights and duties.

24 And Article 5 specifically speaks about the equality of languages. That

25 is the constitution of Kosovo, autonomously regulates the equality of the

Page 13142

1 Albanian, Serbian, and Turkish languages and their respective scripts,

2 and that is then regulated by the province which sees to it that this

3 principle is applied.

4 Q. Thank you. Take a brief look at Article 301, paragraph 1,

5 please.

6 A. Of the constitution of Kosovo?

7 Q. Yes.

8 A. These are the powers of the Assembly, what the Assembly can

9 regulate.

10 Q. Oh, I'm only interested in paragraph 1.

11 A. The Assembly of Kosovo decides about any amendments to the

12 constitution of the province of Kosovo. That is, paragraph 1 gives the

13 right to the province to decide autonomously about the constitution of

14 the Socialist Autonomous Province of Kosovo. It decides about amendments

15 to the constitution, yes. And that at the same time it gives its

16 approval to, and this is very important, its approval to amendments to

17 the constitution of the Socialist Federal Republic of Yugoslavia and the

18 Socialist Republic of Serbia. That is, the province has such strong

19 rights that without its approval neither the constitution of Serbia nor

20 the constitution of Yugoslavia can be amended.

21 Q. Did the bodies of Yugoslavia and the government bodies of Serbia

22 give their approval for the amendment of the constitution of Kosovo?

23 A. No. The province was autonomous here, but its constitution had

24 to be harmonised with these other constitutions of Serbia and that of

25 Yugoslavia. But there was no such participation.

Page 13143

1 Q. Could you now please go to Article 301, paragraph 20.

2 A. The Assembly of Kosovo shall elect a member of the Presidency of

3 the Yugoslavia. That is, its own member, one of a total of eight

4 members. And the Assembly of the province of Kosovo elects and the

5 members of its own Presidency, because Kosovo had its Presidency and

6 Serbia had its own and Yugoslavia had its own Presidency.

7 Q. Thank you.

8 MR. DJURDJIC: [Interpretation] We have already had this document

9 marked for identification.

10 Q. Please tell me now what the ethnic makeup of the government

11 bodies of the Socialist Autonomous Province of Kosovo was like?

12 A. The government bodies of the province of Kosovo had an ethnic

13 makeup which on the whole reflected the ethnic makeup of the population.

14 That ethnic makeup or we called it the key in our political jargon was

15 also applied to all other administrative bodies and to a certain extent

16 also in the economy, and this was also applied to municipal structures.

17 Depending on the ethnic make up, we strove to see that all ethnic

18 communities be proportionally represented. And as the percentage of

19 Albanians was about 70 per cent, we can see that in the bodies of the

20 province, the Albanians made up 70 per cent of the composition. Whereas,

21 the Serbs, Turks, Montenegrins took part with their respective shares.

22 Q. How did Kosovo and Metohija develop in the 1970s and 1980s?

23 A. As I lived and worked in Kosovo for the most part of my career,

24 starting from 1970 we witnessed rapid socio-economic development, which

25 made possible the establishment of a special fund at Yugoslav level which

Page 13144

1 was called, the fund for the development of the underdeveloped and

2 Kosovo. The province of Kosovo played an important part in that fund.

3 From that fund various economic operators were funded or health care,

4 et cetera, so the funds from this fund were used for development and for

5 the raising of the cultural educational level to a higher degree.

6 And as an immediate participant, I can say that Kosovo within a

7 brief time-period made such a leap in development for which other peoples

8 or nations needed decades. But owing to this fund to which all republics

9 contributed, such rapid social and economic development became possible.

10 We often stressed that in our political work and in our political

11 speeches. At the federal level, at the level of the republic, and also

12 at the level of the province. We also gave examples.

13 Q. What was the situation in education and science?

14 A. Education also expanded greatly. Many schools were built. More

15 pupils started attending schools, both primary and secondary, and then

16 some faculties were established. First they were organisationally part

17 of the university of Belgrade, but soon the university of Pristina was

18 established, which grew rapidly, and it became the third largest

19 university in Yugoslavia exceeded only by Zagreb and Belgrade, and this

20 applied to the number of students and to the number of faculties.

21 Q. Were national academies founded?

22 A. Once the number of scientists had grown and science had developed

23 there were doctors of science and then the Kosovo academy of sciences of

24 arts was founded, what included an institute called the Albanological

25 institute. It studied the history of the Albanian nationality, its

Page 13145

1 culture, et cetera, and that's why it was called the Albanological

2 institute. There was also an academy of sciences, and such academies

3 were found in Vojvodina and in other parts, that is republics, of

4 Yugoslavia at the time.

5 Q. What was the situation with the infrastructure like?

6 A. Kosovo was the least developed region and infrastructure was

7 poorly developed. But owing to the aid provided by the working class and

8 the working people of the entire country who contributed from their

9 salaries, a large number of facilities was built. Roads, irrigation

10 systems, as well as other public utilities that improved the quality of

11 life in Kosovo.

12 Q. Thank you. Can you tell us in the early 1980s were there

13 demonstrations and how did they come about?

14 A. In 1981 there were large demonstrations in Kosovo. They started

15 in March. I remember the exact date, it was the 11th of March, because

16 anniversaries have been celebrated since. And they lasted until early

17 April. These demonstrations started in the students centre, that is in

18 the students cafeteria, and they went on until the 3rd or 4th of April

19 with some interruptions, and they grew day by day.

20 These were very serious large demonstrations that also had a

21 destructive element, and there were serious clashes with the police. And

22 these demonstrations were the focus of many activities, and they were

23 much discussed.

24 Q. What triggered these demonstrations, and what were the

25 demonstrators demands?

Page 13146

1 A. The first time when the students gathered in the students mess,

2 the initial request concerned food, but once they were out in the street,

3 we began seeing the same slogans we had seen back in 1968. The basic one

4 was "Kosovo republic" and "unification." The largest demonstrations took

5 place in early April in Pristina, but there were demonstrations in other

6 cities and towns as well.

7 Many citizens from other towns came to Pristina and joined the

8 demonstrations so the state authorities were not able to suppress those

9 demonstrations.

10 Q. Thank you. What was the nature of those demonstrations?

11 A. They were used by the various political foray in Kosovo, rather,

12 they were seen as hostile aiming at undermining the constitution and

13 territorial integrity of Serbia and Yugoslavia.

14 Q. Were these peaceful demonstrations?

15 A. Based on everything I said, they were not. They were quite

16 violent actually.

17 Q. Thank you. Who reacted to them and how?

18 A. The first ones to react were the security organs and the police

19 of Kosovo. They were unable to suppress them. Next, Serbian organs

20 offered assistance to their colleagues in Kosovo, however, the leaders in

21 Kosovo did not allow for that. The organs of Serbian police were

22 prevented from entering in the municipality of Kursumlija at the border

23 crossing. This created additional problems and a compromise was reached.

24 So-called joint security forces were created comprising members from all

25 the Yugoslav Republics and from the province of Vojvodina. It was then

Page 13147

1 that Serbian forces were allowed to participate as part of that joint

2 force and allowed to enter Kosovo in order to assist in the suppression

3 of the demonstrations. Those joint forces remained in Kosovo until 1990.

4 Given that the demonstrations were very violent and involved great -- a

5 great many people, the army intervened as well following a request made

6 by the committee for the defence of Kosovo. The army arrived from

7 Skopje, Macedonia. It was a tank unit. In order to protect all key

8 facilities in the province. The provincial Assembly, the chamber, the

9 banks, and radio and TV stations. The joint forces were trying to keep

10 law and order. These demonstrations were the cause for a state of

11 emergency in Kosovo.

12 Q. Can you tell us who were the sending parties to the joint forces

13 followed by the request of the counsel for the defence of Kosovo?

14 A. The federal government did through its federal interior ministry

15 with the previous agreement of all the republics. The commander of the

16 joint forces was from Croatian. I think he was Croatian.

17 As part of the joint forces there was a special unit commanded by

18 Slovenia. The joint forces had their staff and were located in different

19 towns and cities in Kosovo. Their staff was in Pristina and in Avajlija

20 and the environs of Pristina. The forces were deployed in such a way

21 that, for example, in Vitina where I hail from, there were Croatian

22 police forces in addition to the Kosovo ones. In Urosevac there were

23 policemen from Macedonia, Bosnia-Herzegovina.

24 Q. Thank you. You mentioned the Army of Yugoslavia. Did it

25 participate in the suppression of the demonstrations?

Page 13148

1 A. The Army of Yugoslavia was there to flex the muscle, to put a

2 show of force. The tanks arrived from Skopje to Pristina down the main

3 street in order to demonstrate its power. Pristina also saw sorties of

4 the Yugoslav air force. Their goal of which was to have a psychological

5 impact on those participating in the demonstrations, as well as on the

6 citizens in general.

7 Q. Thank you.

8 MR. DJURDJIC: [Interpretation] Could we please have D011-4952.

9 Q. It is your tab 4. Can you tell us what this document is?

10 A. I kept this in my personal archive. This is an official pass.

11 Because of the state of emergency, one could not move about freely in

12 Pristina. At the time, I was a member of the Executive Council and even

13 I could not move about freely. I couldn't even go to work without a pass

14 such as this. It is clearly stated here why it was issued. It says that

15 it was issued for the person in question to be allowed to move freely.

16 It was drafted in both languages.

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

18 evidence.

19 JUDGE PARKER: Yes.

20 THE REGISTRAR: It will be received as Exhibit Number D00904.

21 Thank you, Your Honours.

22 MR. DJURDJIC: [Interpretation]

23 Q. What were the consequences of the 1981 demonstrations?

24 A. Given their scope and nature, as well as their slogans and

25 numbers of those involved, all that had a very negative impact on the

Page 13149

1 political situation and inter-ethnic relations in Kosovo. A very

2 unfavourable climate was created, raising concerns with all those who

3 wanted to live in Yugoslavia and under the social political system as

4 existed at the time. This concern was shared by all the ethnicities.

5 However, there was growing insecurity, lack of trust, and fear of

6 the future because during the demonstrations as well as afterwards, there

7 were different attacks, individuals were attacked as well as their

8 property. All this had a grave impact on the inter-ethnic relations

9 which resulted in an increasing number of Serbs and Montenegrins moving

10 out of Kosovo in numbers greater than they had been after the

11 demonstrations in 1968.

12 The inter-ethnic relations worsened by far, and all this was

13 contrary to the existing policies and political system.

14 Q. Thank you. What was the position of the republican state organs

15 vis-a-vis the resolution of the Kosovo problem?

16 A. The problem was spotted relatively early on in the federal

17 institutions, Serbian institutions, as well as in Kosovo itself. The

18 party bodies as well as Assembly bodies from the state down to the

19 province and municipalities issued programmes in order to stop this

20 tendency of emigrating and trying to return those who had already moved

21 away.

22 This problem was dealt with by the Yugoslav Serbian provincial

23 and municipal organs. There existed such the so-called Yugoslav

24 programme for the return of those who had immigrated and to stop this

25 trend.

Page 13150

1 Q. You have mentioned Pristina university, what was the ethnic

2 makeup until 1981 and afterwards?

3 A. The worsening inter-ethnic relations, the demonstrations, and the

4 participation of Albanian students in the demonstrations caused great

5 rifts at the university in particular. This raised concerns and

6 introduced a feeling of insecurity among Serbian, Turkish, and other

7 students. During that time, as far as I recall, according to the

8 information the provincial bodies had, 60 per cent of all teaching staff

9 who were not Albanians moved out of Kosovo.

10 Q. What was the situation like in rural areas?

11 A. There it was particularly pronounced because there was

12 harassment, damage to crops, and threats to people's safety and property.

13 There were also cases of physical attacks and even murders. I recall a

14 number of murders which occurred during that period. A Sarkic was killed

15 from the village of Mejic [phoen] near Malkovica [phoen]. I recall that

16 in particular because I was among others tasked by the president of the

17 Presidency of Kosovo to investigate it. This Sarkic person had

18 complained in written form, and he had foreseen his fate in a way. He

19 believed he would eventually be killed. People didn't believe him at

20 first, and we went to talk to the authorities in Djakovica and went to

21 his family home. I had information which indicated that there had been

22 shots fired at his house. It was actually before he was killed.

23 At that point in time he expressed his grave concern that he

24 would be killed and the Djakovica authorities promised to assist him.

25 Unfortunately, a little while later, he was killed indeed. I was badly

Page 13151

1 shaken up because I was involved in trying to help him.

2 There was another family where the father and son were killed in

3 Samodreza. I also remember the Martinovic case, but there were many

4 other attacks and cases which raised concerns and caused fear among the

5 population.

6 Q. Thank you. What was the situation like in terms of the

7 functioning of the Republic of Serbia in its exercise of its powers

8 across the territory?

9 A. By virtue of the 1974 constitution, the republic could exercise

10 all of its functions and powers across the territory. I tried to

11 illustrate that by telling you that the Serbian policemen could not enter

12 the province on their own without previously consulting the federal

13 organs.

14 In all matters internal, it was the provincial organs who were in

15 charge of regulating the situation. Effectively the Serbian authorities

16 exercised their power only in Serbia proper. As for the implementation

17 of all provincial laws and regulation, it was the provincial organs that

18 were tasked with implementing them.

19 Q. Can you tell us, when were the first steps taken in order to

20 overcome this problem of functioning, and how was it resolved?

21 A. After the first set of amendments was proclaimed by which the

22 province received broadened powers and after the constitution in --

23 demonstrations after 1968, there were people in Kosovo who were opposed

24 to such processes, including Jova Sotra, Misa Sekulovic [phoen], Jevica

25 Pecinovic [phoen]. I recall them in particular because they were kicked

Page 13152

1 out of the League of Communists, and they actually moved since they were

2 left without work. One of them, Mr. Sotra, died soon afterwards.

3 There was opposition to the changes which were made to the

4 constitution in 1974. In the Republic of Serbia I seem to remember the

5 existence of something called the Blue Book in which I analysed the

6 constitutional status of Serbia. It was quickly set aside, but after

7 1981 and after all the events I have been discussing, it became topical

8 again because it became clear that the Serbian constitution had to be

9 changed in order for Serbia to regain its basic functions of statehood.

10 Q. Thank you. Can you tell us who reacted to the situation and how?

11 A. You mean the situation with the constitution?

12 Q. Yes.

13 A. Formally speaking, the first initiative came from the Presidency

14 of Serbia as the most senior body in Serbia. A group, a task force was

15 formed presided over by the president of the Serbian Presidency, Mr. Ivan

16 Stambolic. There were also two members, I believe it was Spiro Galovic,

17 and I don't seem to recall the other one. There were also

18 representatives from Vojvodina. I recall Vojadinovic [phoen], and there

19 were representatives from Kosovo including myself and two Albanians who

20 were constitutional experts.

21 The force was tasked with drafting a plan of changes to the

22 constitution in order to have it move in the direction desired.

23 Q. Can you tell us what the results of the work of that task force

24 of the Presidency of the SRS were?

25 A. There was a material that was sent to the Assembly of Serbia and

Page 13153

1 the Assembly accepted it and tasked the constitutional commission of the

2 Assembly to start drafting amendments to the constitution of Serbia based

3 on that material.

4 Q. Thank you. How did the work continue after the Assembly made its

5 decision?

6 A. The constitutional commission to be able to work on the

7 amendments to the constitution established a smaller group which was

8 shared by Bora Jovic, and they had a number of members from the

9 constitutional commission of Serbia, and members of that group were also

10 members from Kosovo and Vojvodina. They were also directly involved in

11 drafting the language of the amendments.

12 Q. When did the work on drafting the amendments begin, and how long

13 did it take?

14 A. It took three years. From 1986 until 1989. The work on the

15 constitutional amendments and the harmonisation took all that time

16 because the procedure was -- the process rather, was very complicated

17 because we had a unique system not to be found elsewhere in the world.

18 Q. Did these members of the constitutional commission have to

19 harmonise their proposals with what was called the basis at the time?

20 A. Yes, that was a duty. The members from Vojvodina and those from

21 Kosovo couldn't act on their own. They had to inform the official

22 authorities of the province, above all the Presidency and the executive

23 committee, and of course the League of Communists, because at the time

24 the League of Communists had what was called the leading role in our

25 society.

Page 13154

1 Q. What was the essence of the amendments to the constitution of

2 Serbia?

3 A. Considering that the work took as much as three years, or rather,

4 although it took three years, we agreed that we should only change issues

5 regarding the functioning of the state, namely, matters that have to do

6 with the security of the entire republic. Furthermore, matters connected

7 with the people's defence of interest to the republic as a whole, and the

8 constitutional remit of the Republic of Serbia. Can the Republic of

9 Serbia adopt its constitution and can it do so independently,

10 autonomously, and what the procedure is.

11 Q. Did these amendments change the constitutional position of the

12 province and its powers with regard to the Republic of Serbia?

13 A. The constitutional position of the province in the Federation was

14 not changed by these amendments. The rights of the province in the

15 Federation remained intact. The province remained a constituent element

16 of the Federation with all rights and duties stemming therefrom. With

17 regard to the Republic of Serbia, the amendments changed the powers with

18 of --

19 Q. Thank you, we'll deal with that a bit later.

20 MR. DJURDJIC: [Interpretation] Your Honours, I believe it's time

21 for the technical break.

22 JUDGE PARKER: It is so, Mr. Djurdjic. We must break now. We

23 resume at 6.00. It is too detailed and too long, if I could give you a

24 summary of what is happening to date. So if you can think about that

25 over the break. Thank you, we resume at 6.00.

Page 13155

1 [The witness stands down]

2 --- Recess taken at 5.32 p.m.

3 --- On resuming at 6.02 p.m.

4 [The witness takes the stand]

5 JUDGE PARKER: Mr. Djurdjic.

6 MR. DJURDJIC: [Interpretation] Thank you, Your Honours.

7 Q. Mr. Jokanovic, when the constitutional commission of the Assembly

8 of Serbia finished its work, what was the result?

9 A. The constitutional commission of the Assembly of Serbia submitted

10 its proposed amendments to the Assembly of Serbia to adopt, which the

11 Assembly of Serbia did and then a public discussion ensued.

12 Q. Thank you. What were the results of the public discussion?

13 A. In our system, that public discussion was very broad. The

14 constitutional amendments were discussed at all levels from villages to

15 town neighbourhoods to all elected bodies, as well as professional and

16 expert institutions, scientific institutes, especially legal --

17 organisations of legal scholars. I also took part in that discussion and

18 there were the statements of the president of the socialist league which

19 was a socio-protocol institution charged with moderating that discussion.

20 And about 400.000 people took part in that discussion, whereas over

21 30.000 actually contributed to it actively.

22 Q. What was the procedure after the public discussion?

23 A. After the public discussion all the comments and proposals were

24 summarised, some were founded, others unfounded. Some were

25 professionally relevant, others weren't. And all the most important

Page 13156

1 matters are singled out and forwarded to the constitutional commission of

2 Serbia to accept them or refuse, always giving an explanation.

3 Q. Who proposed the amendments to the constitution, to the

4 constitutional commission of Serbia?

5 A. The constitutional commission of Serbia which was the body in

6 charge received the amendments from the socialist league.

7 Q. Did the constitutional commission adopt these amendments?

8 A. Yes, all three chambers of the Assembly of Serbia accepted these

9 amendments, and these adopted amendments were also forwarded to the

10 Assemblies of Vojvodina and Kosovo to give their approval to these

11 amendments which was constitutional procedure.

12 Q. Before giving their approval to the amendments to the

13 constitution of the Republic of Serbia, were there any events in Kosovo?

14 A. Yes, there are. There was resistance to approving those

15 amendments. I remember the demonstrations in some towns, such as

16 Urosevac and elsewhere. The most important political protest was the

17 strike of the miners in Trepca because they demanded that all Albanian

18 officials in the Assembly of the Federation resign. Namely, all those

19 who supported the constitutional amendments.

20 One of them was Rrahman Morina, the president of the League of

21 Communists of Kosovo. Another one, Ali Shukrija was a member of the

22 presidency of the League of Communists of Yugoslavia. Then there was

23 Hysamedin Azemi who was also a high official in the province.

24 Q. Thank you. What was the reaction to those demonstrations?

25 A. The entire Yugoslav public was worried because of the strike of

Page 13157

1 the miners, and the miners received telegrams stating support to their

2 cause and the political consequences were very far reaching. Federal

3 authorities had to act to protect the constitutional order and carry out

4 its tasks and achieve the set goals. I remember that the Presidency of

5 Yugoslavia introduced so-called special measures.

6 Q. Thank you. Who had organised these demonstrations, and what

7 triggered them?

8 A. Well, they were triggered mostly by false information, namely

9 that the use of languages and scripts would be jeopardised by the

10 amendments. Even strange things that the wearing of the Albanian folk

11 hat would be prohibited, that normal life would no longer be the same,

12 that equality was at stake, that the language would no longer be used

13 officially. And the aim was to incite the people to resist

14 constitutional changes.

15 MR. DJURDJIC: [Interpretation] Can we please see D008-6787.

16 Q. It's tab 5 in your binder. Tell us briefly what these

17 conclusions of the Assembly of the SFRY mean. They were published on the

18 3rd of March, 1989.

19 A. Well, as it says, for the purpose of protecting constitutional

20 order, public law and order, the personal safety and security of all

21 citizens, and also for the normalisation of the situation, the Assembly

22 of the SFRY supports the decisions of the Presidency as the collective

23 presidential body, and in these items the duties of the executive

24 committee are defined at their levels of the republics and the provinces.

25 The citizens are called upon to return to their regular work duties and

Page 13158

1 activities. That criminal and other proceedings be launched against the

2 organisers, of counter-revolutionary activity be launched. The Assembly

3 does not support the demands of the minors because they believe that only

4 the legal authorities can appoint officials or, et cetera.

5 Q. Thank you.

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

7 into evidence.

8 JUDGE PARKER: It will be received.

9 THE REGISTRAR: As Exhibit Number D00905.

10 MR. DJURDJIC: [Interpretation]

11 Q. Thank you. Mr. Jokanovic, did the authorities of the Republic of

12 Serbia, or could they do anything about these events and developments in

13 February and March 1998?

14 A. The authorities of Serbia couldn't. The only thing that was in

15 existence at the time were the so-called joint forces. They were forces

16 from all republics and provinces, and the authorities from the Republic

17 of Serbia were only able to do something to raise certain issues through

18 federal institutions but not directly in Kosovo.

19 Q. Thank you. What was your position in March 1989?

20 A. As I said at the outset when I introduced myself, on that date

21 the 23rd of March, 1989, I was president of the Assembly of Kosovo.

22 Q. Thank you. When did the Assembly of Kosovo meet, at which

23 meeting did it support the amendments of the constitution of Serbia?

24 A. On the 23rd of March of that year. The Assembly of Vojvodina had

25 held its meeting on the 10th of March. They had already approved the

Page 13159

1 amendments to the constitution of Serbia.

2 Q. And which year was this, the 23rd of March of which year?

3 A. 1989.

4 Q. How many delegates took part in the work of the Assembly of

5 Kosovo on the 23rd of March, 1989?

6 A. The Assembly of Kosovo had a total of 190 delegates. The

7 majority of delegates from all three chambers were present. Some were

8 absent, that is three were absent, so that a total of 187 participated.

9 Q. What was the ethnic makeup of the Assembly of Kosovo in March

10 1989?

11 A. The ethnic makeup was in keeping with the ethnic makeup of the

12 population, I said as much in a previous answer. About 70 per cent were

13 Albanians and the 30 per cent were persons of other ethnic affiliations,

14 Serbs, Montenegrin, Turks, but 70 per cent were Albanians because that

15 was one of the principles upheld in Kosovo in the system that was in

16 existence then.

17 MR. DJURDJIC: [Interpretation] Can we please see D006-4413,

18 please.

19 Q. That's tab 6. The document we are about to see is a recording of

20 the joint session of all three chambers of the Assembly of Kosovo held on

21 the 23rd of March, 1989.

22 MR. DJURDJIC: [Interpretation] So could we now please see page 3

23 of the English version.

24 Q. Were there any guests at this session held on the 23rd of March,

25 and if so, who were they?

Page 13160

1 A. This tape recording was translated into writing, but as you can

2 see, I addressed those in attendance. Sinan Hasani was there, member of

3 the SFRY Presidency, which is the body I described before; then comrade

4 Sefcet Jasari, who was member of the presidency of Serbia; next Velimir

5 Vukmanovic and Ferat Ahmeti, who were vice-presidents of the Assembly of

6 the Republic of Serbia, one was Serbian and the other Albanian; next, it

7 was the deputy of the constitutional commission of Serbia, I don't know

8 who it was, as well as representatives of the Yugoslav People's Army and

9 the rest.

10 Q. Thank you. What was the media coverage this Assembly enjoyed?

11 A. I was surprised as the speaker of the president of the Assembly

12 by the exceptionally great interest for this session. There were 180

13 accredited journalists. Although I have had a rich political career, but

14 on this occasion I was supposed to face the greatest number of

15 journalists ever.

16 Q. Who gave the initial remarks?

17 A. I did, and you can see it in this tape recording.

18 Q. Thank you.

19 MR. DJURDJIC: [Interpretation] Could we go to page 6 in the

20 English.

21 Q. Which is your page 6 as well. This part has to do with your

22 introductory remarks. You can see here, but perhaps you can tell us as

23 well, what were the main points of your introductory remarks?

24 A. Do you mean what I can see on page 6 or what I can recall off the

25 cuff?

Page 13161

1 Q. Tell us what you can recall.

2 A. I tried to briefly explain the gist of the problem and to point

3 out that these amendments were not aimed as changing the constitutional

4 status of the province of Kosovo within the federal state of Yugoslavia.

5 As well as that these amendments had no intention of changing the status

6 of the province in the Federation. Serbia was only to receive certain

7 competencies which were standard competencies or powers of a state, and

8 that the quality of languages and scripts in the province was to be

9 guaranteed and regulated by the provincial constitution and body of law.

10 The last thing I focused on, because it is important, was

11 Amendment 47. It changed any veto powers of the provincial Assembly in

12 favour of a more complex procedure which I can explain.

13 Q. Thank you. We'll get to that. After your remarks, was there any

14 discussion from the floor concerning this item on the agenda?

15 A. The session developed in keeping with the agenda. There were

16 contributions. Each delegate who request the floor had a chance to

17 address the others. I think there were around 30 delegates contributing.

18 They were all able to take the floor, and once the discussion was

19 finished, we voted.

20 Q. Thank you.

21 MR. DJURDJIC: [Interpretation] By way of illustration, perhaps we

22 can go to page 23 in the English and page 14 in the Serbian.

23 Q. You don't have to look for it in your hard copy, you have it on

24 the screen. Those people who wanted to contribute, were they free to do

25 so, and did they express their position concerning any item of the

Page 13162

1 agenda?

2 A. All those who contributed were free to do so. No one was

3 interrupted, as you can see from the transcript. All those who voted

4 against wanted to take the floor. Those in favour did not request it.

5 That was rather indicative. Using the existing political system, the

6 representatives used the opportunity to address the Assembly not only on

7 their own behalf, but on behalf of their constituencies, these being

8 socio-political organisations, municipalities, trade unions, associations

9 of war veterans, youth associations, et cetera.

10 MR. DJURDJIC: [Interpretation] Could we go to page 25 in the

11 B/C/S and 15 in the English version. Page 16, excuse me.

12 Q. Mr. Jokanovic, we see here Imer Dzafici taking the floor. Who

13 did he represent, and whose position did he express? You can see it on

14 the screen, Mr. Jokanovic.

15 A. I found it in my hard copy. The screen, yes. He was from the

16 working bodies and organs of the Prizren Municipal Assembly, and he

17 stated that there was intensive political discussion about the

18 amendments, and he supported their position and stated to the Assembly

19 that the Prizren municipal organ supported the changes.

20 MR. DJURDJIC: [Interpretation] Thank you. Could I please ask

21 that it be admitted.

22 JUDGE PARKER: It will be received.

23 THE REGISTRAR: As Exhibit Number D00906. Thank you.

24 MR. DJURDJIC: [Interpretation] Could we please have D011-4958.

25 Q. It is your tab 8. Mr. Jokanovic, your tab 8.

Page 13163

1 A. Number 8. Thank you. Do you want me to comment?

2 Q. Tell us what it is.

3 A. This is the newspaper "Politika" which was the newspaper with the

4 widest circulation in Serbia.

5 Q. Please look at the screen. This is not "Politika".

6 A. Oh, yes, that's number 9. This is the "Rilindja" newspaper. I

7 think they had the widest circulation in Kosovo in Albanian. And the

8 title in Albanian it says "Agreement to the Amendments of the Serbian

9 Constitution."

10 Q. What does the journalist say? How many people were there?

11 A. According to this information, it says 180.

12 Q. Thank you.

13 MR. DJURDJIC: [Interpretation] Could we please go to the last

14 page.

15 Q. Towards the bottom of the page, could we please see that. Who

16 were the reporters?

17 A. Z. Celaj, Y. Baja, R. Rugova, R. Bislimi, and M. Gjata. Photo

18 reporters, Skenderi and Bylykbashi.

19 MR. DJURDJIC: [Interpretation] Thank you, Your Honours, I seek

20 to -- could we please MFI this document pending its translation.

21 JUDGE PARKER: Yes.

22 THE REGISTRAR: This document which is D011-4658 shall be

23 exhibited as D00907 marked for identification. Thank you, Your Honours.

24 MR. DJURDJIC: [Interpretation] Could we next have D011-4962.

25 THE WITNESS: [Interpretation] Yes, this is the "Politika". It is

Page 13164

1 similar to the "Rilindja" except that it was published in Belgrade. They

2 were reporting on the work of the Assembly stating that the amendments

3 were approved by the Municipal Assembly. They also referred to those in

4 attendance and have parts of the stenogram on the page.

5 MR. DJURDJIC: [Interpretation] Could we please scroll down.

6 Q. The introductory part, can we see here the results of the

7 Assembly vote?

8 A. It says 24 people took the floor. I thought there were around

9 30. The amendments were adopted by a vast majority. Out of 180, 10 were

10 against and 2 abstained.

11 MR. DJURDJIC: [Interpretation] Thank you, I seek to tender this.

12 JUDGE PARKER: Yes.

13 MR. DJURDJIC: [Interpretation] Sorry, it should be marked for

14 identification pending translation.

15 JUDGE PARKER: Okay. Yes, it will be marked.

16 THE REGISTRAR: As Exhibit Number D00908 marked for

17 identification. Thank you.

18 MR. DJURDJIC: [Interpretation] Thank you. Could we next have

19 D011-5052, which is a video recording.

20 THE INTERPRETER: Interpreter's note: The booths did not receive

21 any transcript of the video.

22 [Video-clip played]

23 MR. DJURDJIC: [Interpretation]

24 Q. Mr. Jokanovic, this excerpt, can you tell us what we just saw?

25 A. I saw myself, but I was much younger then. I stated that the

Page 13165

1 amendments were adopted, well, I looked sort of nice. I realise now that

2 it was more of a ceremony. The delegates after I declared the adoption

3 gave a standing ovation.

4 Q. Thank you. After it this portion of the session, did the

5 Assembly resume its work?

6 A. After a 20-minute break, we resumed work, but not in joint

7 session. I no longer presided it, the people broke up into chambers.

8 First of all, there were introductory remarks by the vice-president of

9 the government or by the deputy prime minister, Mr. Fusuri [phoen].

10 Other agenda items were discussed as well, and judges were appointed as

11 well as court presidents and prosecutors.

12 MR. DJURDJIC: [Interpretation] Thank you, could we have P8.

13 Q. It is your tab 7.

14 MR. DJURDJIC: [Interpretation] Before that, I seek to tender this

15 into evidence.

16 JUDGE PARKER: How is that going to help us, Mr. Djurdjic? It's

17 a short video. It shows a public gathering. We've been told by the

18 witness the effect of it and what it is. The extent of this detail

19 troubles us, but we are not stopping you, but this video is just too far.

20 The amendments were carried. That's the significant issue that I think

21 you want to put forward, and they were carried with wide support.

22 MR. DJURDJIC: [Interpretation] Yes, I wanted to do all this

23 because I would later present certain statements to the witness so as to

24 comment on the contents. I simply wanted to provide a basis before that.

25 I don't want to explain it too widely in front of the witness. And we

Page 13166

1 are approaching that crucial moment.

2 [Trial Chamber confers]

3 JUDGE PARKER: We won't receive the video, Mr. Djurdjic.

4 MR. DJURDJIC: [Interpretation] Thank you, Your Honours.

5 Q. Mr. Jokanovic, we have this exhibit, it's already part of the

6 case file. This was the decision to pass Amendments 9 to 49 to the

7 constitution of the Socialist Republic of Serbia. Could we only go

8 through those amendments which I believe are the most important. We have

9 touched upon it in the course of your testimony. Could we go to page 23

10 of the English. It is your Amendment 27. It is your page 317 in the

11 upper right-hand side corner.

12 A. 27, yes.

13 Q. A brief comment, please.

14 A. This amendment speaks of the equality of the languages and

15 scripts across the territory of Serbia. I believe it is important for

16 your case and in particular the last paragraph where we have a guarantee

17 of that equality. It says that under this constitution provincial

18 constitution shall identify which languages of the ethnic community shall

19 be equal and that the province shall ensure that equality of the

20 languages spoken and the alphabets as guaranteed by the republican

21 constitution, the provincial institution also provided guarantees of

22 this.

23 MR. DJURDJIC: [Interpretation] Could we go to page 31 in the

24 English version, and it's page 320 in the lower right corner. It's

25 Amendment 33.

Page 13167

1 Q. I am interested in items 3 and 4. Could you briefly comment.

2 A. Item 3, that's the essential thing about which I have already

3 spoken. Namely the issue of people's defence and the basis for the plans

4 and preparations for the defence of the country.

5 Q. And what about item 4?

6 A. Item 4, the Territorial Defence, namely the managing of the

7 Territorial Defence as a matter of interest for the entire republic, but

8 a Territorial Defence exists also in the province.

9 Q. Please turn the page and comment on the last paragraph. That's

10 on page 35 of the English version.

11 A. Which amendment?

12 Q. 33, the last paragraph of that amendment. And it ends on page

13 321. Before Amendment 34, the last paragraph.

14 A. Amendment 34 --

15 Q. The last paragraph before that amendment.

16 A. "This amendment shall supersede the relevant parts and supplement

17 the provisions of Article 300 and shall supersede Article 423 of the

18 constitution of Serbia."

19 This elaborates some matters which were not precisely defined and

20 some basic state functions are regulated here.

21 MR. DJURDJIC: [Interpretation] Could we please see page 48 of the

22 English version.

23 Q. And in your binder, it's page 326. That's Amendment 45.

24 A. The Supreme Court?

25 Q. Yes.

Page 13168

1 A. Shall I comment?

2 Q. Yes.

3 A. The Supreme Court of Kosovo was in existence, and it still has

4 all its powers even after these amendments, but it is stated here that

5 the Supreme Court decides about legal issues, about things that are

6 regulated and the Criminal Code of the republic. And it also decides in

7 a third instance about the death penalty.

8 MR. DJURDJIC: [Interpretation] Could we now please see page 49 of

9 the English version, and for you it's Amendment 47.

10 JUDGE PARKER: Mr. Djurdjic, our translation is referring to the

11 Supreme Court of Serbia. The witness was speaking of the Supreme Court

12 of Kosovo.

13 MR. DJURDJIC: [Interpretation]

14 Q. Witness, please tell us, what does the Supreme Court of Serbia

15 decide about under these amendments?

16 A. This is about the Supreme Court of Serbia. This amendment

17 defines the powers of the Supreme Court of Serbia to decide about

18 extraordinary legal remedies under the Criminal Code of Serbia, because

19 before these amendments, the Supreme Court of the province was the

20 highest legal instance. But I mentioned extraordinary legal remedies,

21 that and the death penalty are now matters decided upon by the Supreme

22 Court of Serbia in the third instance.

23 MR. DJURDJIC: [Interpretation] Could we please see page 49 of the

24 English version.

25 Q. And its page 47 in your binder, the last amendment. Please

Page 13169

1 explain the essence of this amendment.

2 A. Amendment 47 changes the right of veto and the principle of

3 approval. It changes a complex procedure. If the Assemblies of the

4 provinces fail to approve, then a special group is established and within

5 six months --

6 THE INTERPRETER: Could the witness please repeat his last words.

7 JUDGE PARKER: I am afraid the interpreters missed part of that

8 answer. And it will need to be repeated, Mr. Djurdjic.

9 MR. DJURDJIC: [Interpretation]

10 Q. You said here, or rather, it was recorded that after six

11 months -- don't you look at this but listen to me instead. So the last

12 thing that was recorded was within six months of what, please repeat your

13 entire answer about the essence of this amendment, but please slowly.

14 A. The essence of this amendment is to allow for the possibility

15 that the Republic of Serbia changes its constitution without being

16 prevented by veto. Instead of a veto, this amendment lays out a complex

17 procedure of finding agreement with a provincial Assemblies to find a

18 solution. And if that solution is not found, the proposal cannot go

19 before the Assembly of Serbia. The eventual, or rather, the last resort

20 is a referendum by which the decision on changing the constitution of

21 Serbia is carried.

22 Q. Thank you. After this Assembly session was held, was the

23 Assembly of SAP Kosovo visited by a delegation?

24 A. Immediately after this Assembly meeting, or rather, a few days

25 later, I don't recall exactly how much, we received a visit from the

Page 13170

1 parliamentary delegation of the council of Europe. We discussed the

2 situation in Kosovo and the constitutional changes. I informed the

3 delegation about the situation in Kosovo and about the session of the

4 provincial Assembly as well as of the adoption of these amendments. I

5 explained to them the essence of these changes. The talks were

6 constructive, and they were friendly.

7 Q. Were there any objections to the work of the Assembly of Kosovo

8 which carried the amendments to the constitution?

9 A. The parliamentary delegation raised no objections to me. After

10 the talk we had, they wanted to meet Mr. Rugova and Mr. Djosaj [phoen]

11 and another gentleman whose name escapes me now. I agreed and I promised

12 them that we would invite these persons to the Assembly, but a member of

13 that delegation called somebody up on the phone and said he would call

14 back. On the following day, I was informed that the talk with Rugova and

15 some other persons who were politically active at the time had taken

16 place in hotel rooms at the Grand Hotel.

17 Q. Did they speak to the delegates who voted against the amendments?

18 A. When the parliamentary delegation left for Belgrade and met the

19 president of the federal Executive Council Mr. Ante Markovic and other

20 high officials, I learned that this delegation wanted to speak to those

21 members of the Assembly subsequently. I said, Why not, we can make that

22 possible, but Ante Markovic replied, You are not in charge of foreign

23 policy, I am. And he sent a plane to Pristina so that these people

24 travelled to Belgrade and spoke to the parliamentary delegation of the

25 council of Europe.

Page 13171

1 Q. There's one more thing I would like to know, did the Assembly of

2 Kosovo also carry the amendments to the constitution of Kosovo?

3 A. In June or July, with regard to these amendments to the

4 constitution of Serbia, the, or rather, following up on these amendments,

5 the Assembly of Kosovo adopted its own amendments, they were carried and

6 harmonised to the amendments of the constitution of Serbia, and some

7 other amendments to the constitution of Yugoslavia which have to do with

8 the further development of self-management and social relations.

9 These amendments were carried by the Assembly of Kosovo

10 unanimously.

11 Q. Were there political tensions when these amendments to the

12 constitution of Kosovo were carried?

13 A. No. The Assembly session went normally and these amendments were

14 carried unanimously by the Kosovo Assembly.

15 Q. Thank you.

16 MR. DJURDJIC: [Interpretation] Could we now please see our

17 transcript, namely page 248. That's the 28th of January, 2009. Page

18 248, as I said.

19 Q. I'll read to you, Mr. Jokanovic, part of the statement of witness

20 Surroi. To the question in March 1989 too was there a vote about these

21 amendments in the Assembly of Kosovo. The witness replied:

22 "Well, that's what they called it. They were carried, but it

23 wasn't that way because all around the building of the parliament there

24 were armoured vehicles. The entire Kosovo population was under pressure

25 and especially the members of the Assembly, and there were people in the

Page 13172

1 building who voted without even being members of the Assembly of Kosovo?"

2 Let me ask you, were there armoured vehicles around the building

3 of the Assembly of Kosovo on the 23rd of March, 1989?

4 A. There were no armoured vehicles around the Assembly building.

5 Q. Thank you. Were the members of the Assembly pressurized with

6 regard to their participation, debate, or their vote?

7 A. No, the members of the Assembly consulted their constituencies

8 and voted the way they thought fit. Some were in favour, some were

9 against.

10 Q. Did persons vote without being members of the Assembly?

11 A. That wasn't possible. Whoever wasn't a member of the Assembly

12 couldn't vote. There were guests, but they didn't vote.

13 Q. As there were many journalists present, we have seen them, have

14 you seen any photograph of an armoured vehicle around the Assembly

15 building on the day of the vote?

16 A. If there had been armoured vehicles and the rest as stated by

17 this witness, then probably some of the numerous journalists would have

18 recorded that. That would have been very interesting to the domestic

19 public and especially to the international public because there were both

20 Yugoslav journalists from all over Yugoslavia and also foreign

21 journalists.

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

23 transcript of the 13th of March, 2009. Page 2201.

24 Q. We'll see part of the statement of witness Adnan Merovci who on

25 this page line 4 says, the constitutional amendments which were imposed

Page 13173

1 by force against the will of the people and although the part of the

2 public was against him, the regime implemented a measure to -- this

3 measure to the effect of destroying all the institutions from the lowest

4 to the highest levels including education system, health system, police

5 system, et cetera. Could you comment?

6 A. I think this statement is untrue because these amendments only

7 pertain to what I've already had the opportunity to speak about.

8 Q. Thank you.

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

10 transcript of the 18th of June, 2009. Page 6250.

11 Q. It's part of the statement of the witness Baton Haxhiu who in

12 lines 1 through 3 says: "The entire problem started with the

13 constitutional changes in 1989. The main problem of Kosovo is dated the

14 23rd of March, 1989 when the constitution was changed."

15 Mr. Jokanovic, after the adoption of the constitution, were there

16 any changes to the autonomy of Kosovo? Were any institutions of

17 Autonomous Province of Kosovo abolished or suspended?

18 A. After these amendments there were amendments to the constitution

19 of Kosovo. Following that, Reza Suponji [phoen] was elected a member of

20 the Presidency of the Yugoslavia. After these amendments, the

21 constitution of Kosovo was changed and the Assembly -- and I was

22 re-elected for another one year as president of the Assembly. I

23 expressed my gratitude to the Assembly for the co-operation and for the

24 results we achieved. And toward the end of the year, in December, 1989,

25 new elections were held.

Page 13174

1 MR. DJURDJIC: [Interpretation] Thank you. Could we now please

2 see Exhibit P286.

3 JUDGE PARKER: Mr. Djurdjic, given the hour, I don't think we

4 should go to another document. We must finish. We have to adjourn for

5 the weekend. We will resume on Monday. A Court Officer will assist you

6 out, and on Monday we are to sit at 2.15. We now adjourn.

7 [The witness stands down]

8 --- Whereupon the hearing adjourned at 7.00 p.m.

9 to be reconvened on Monday, the 22nd day of March,

10 2010, at 2.15 p.m.