Tribunal Criminal Tribunal for the Former Yugoslavia

Page 17391

1 Tuesday, 15 March 2005

2 [Open session]

3 --- Upon commencing at 9.01 a.m.

4 [The accused entered court]

5 JUDGE ANTONETTI: [Interpretation] Mr. Registrar, will you please

6 call the case in open session, because yesterday we adjourned in private

7 session.

8 THE REGISTRAR: [Interpretation] Yes, Mr. President. Case number

9 IT-01-47-T, the Prosecutor versus Enver Hadzihasanovic and Amir Kubura.

10 JUDGE ANTONETTI: [Interpretation] Can we have the appearances for

11 the Prosecution, who is in the last row today.

12 MR. MUNDIS: Thank you, Mr. President. Good morning,

13 Your Honours, Counsel, and everyone in and around the courtroom. For the

14 Prosecution, Stefan Waespi and Daryl Mundis, assisted by our case manager,

15 Mr. Andres Vatter.

16 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Mundis.

17 And for the Defence, please.

18 MS. RESIDOVIC: [Interpretation] Good morning, Mr. President.

19 Good morning, Your Honours. On behalf of General Enver Hadzihasanovic,

20 Edina Residovic, counsel; and Alexis Demirdjian, legal assistant. Thank

21 you.

22 JUDGE ANTONETTI: [Interpretation] The other Defence team.

23 MR. IBRISIMOVIC: [Interpretation] Good morning, Your Honours. On

24 behalf of Mr. Kubura, Rodney Dixon, Fahrudin Ibrisimovic, and Nermin

25 Mulalic, legal assistant.

Page 17392

1 JUDGE ANTONETTI: [Interpretation] On this day, the 15th of March,

2 2005, I bid good morning to all those present: The Prosecution, the

3 Defence counsel, Mr. Bourgon, who is not here but I know he will join us

4 tomorrow, and I also bid good morning to the accused and everybody in this

5 courtroom or outside it who are assisting us in our work.

6 Yesterday we addressed the question of planning. This is a

7 matter that we will be addressing again tomorrow in the presence of

8 Mr. Bourgon, but nevertheless I wish to draw attention to a small problem.

9 It was suggested yesterday that we hear a witness on the 22nd of March in

10 the morning. There are two problems there: The planning shows us that

11 the courtrooms are occupied in the morning and that we cannot have a

12 hearing on the 22nd of March in the morning. Either we move this witness

13 to the 23rd of March in the morning, on condition that there is a

14 courtroom, but the registrar tells me that there is no courtroom, or the

15 other solution would be for this witness to testify on the 22nd of March

16 in the afternoon and that the witness who starts on the 21st of March

17 would not appear on the 22nd but would resume the following days. That is

18 the small problem. Possibly this witness can only be available on the

19 22nd of March. If that is the case, then he has to be heard in the

20 afternoon.

21 MS. RESIDOVIC: [Interpretation] Mr. President, in view of the

22 fact that the witness is available only on that day, we will hear that

23 witness and then resume with the expert witness. But we would like to

24 appeal to the Trial Chamber for the hearings of the expert witness to

25 possibly take place both in the morning and in the afternoon so as to make

Page 17393

1 up for the time.

2 JUDGE ANTONETTI: [Interpretation] Yes, your idea is excellent,

3 but as you know, we have three courtrooms and they are constantly occupied

4 due to other cases. Occasionally there's a case that is postponed because

5 the witness doesn't come and then this is a possibility. But I can't tell

6 you in advance.

7 As for the expert witness, you will do what you wish, but the

8 expert witness has prepared a report, which is quite extensive. So we

9 must focus only on some points in the report. This applies to the

10 cross-examination as well. So there's no necessity to spend so much time

11 with the expert witness, as we have a report which will be tendered. But

12 that is after all your problem. It's up to you.

13 Mr. Mundis.

14 MR. MUNDIS: Thank you, Mr. President. This -- this is one of

15 the issues that I will be prepared to address Your Honours on in more

16 detail tomorrow morning. I have had discussions with Mr. Bourgon

17 concerning the testimony of the expert and the Hadzihasanovic Defence team

18 has informed me that they need three days for direct examination, the

19 Kubura team needs one day for direct examination. Of course, our position

20 is since he's a joint witness, we're entitled to equal -- a period of time

21 combined, which would entitle us, in our respectful views, to four days of

22 cross-examination. That consumes the entire eight-day period for which

23 the witness is scheduled to testify, leaving no time for re-examination,

24 nor for any questions that Your Honours might have following the eight

25 days of direct and cross-examination. Our position, as I have informed

Page 17394

1 the Defence, is in light of the fact that the witness has a 148-page

2 expert report plus 310 pages of annexes, including a PowerPoint

3 presentation, that -- that there is, in our respectful view, no need for

4 them to spend four days on direct examination of the witness. But, again,

5 I'm prepared to address Your Honours in more detail on that point tomorrow

6 morning, when Mr. Bourgon is here. But our view, again, to be quite

7 clear, is that, number one, eight days should be a sufficient period of

8 time in total for the expert witness, but our -- our view is perhaps four

9 days of direct examination might be a bit too much in light of the fact

10 that there's some 460 pages of material that this expert has produced and

11 which has now been filed and is before Your Honours.

12 But, again, we'll leave that for more detailed discussion when

13 Mr. Bourgon is back. But clearly we have a potential timing problem. And

14 as Your Honour points out, we -- we are simply at the mercy of the -- of

15 the Registry and the limitations in terms of the number of courtrooms that

16 we have available and the large number of cases that are currently being

17 heard.

18 JUDGE ANTONETTI: [Interpretation] In any event, the question will

19 be addressed again tomorrow, but between you, you can discuss it.

20 I have read the expert report with interest, and there are points

21 that are quite obvious, so there's hardly any need to ask questions about

22 it, since the expert report has been -- or will be admitted into evidence.

23 Perhaps eight days is a little too much. But it is a Defence expert, so

24 you are entitled to ask him any questions you consider useful, but I must

25 say that useful questions are those that will be useful for the Judges.

Page 17395

1 It's to enlighten them. It's not to give you any particular pleasure.

2 It's to inform the Judges. And a written report already provides a lot of

3 information. But, of course, it may be contested in certain aspects, but

4 anyway, we'll -- we'll talk about that tomorrow.

5 Having said that the military expert witness of the

6 Prosecution -- I don't remember how many days he took, but I think the

7 Defence should have an equal amount of time from the standpoint of the

8 equality of arms.

9 Mr. Mundis, can you remind me? You probably know.

10 MR. MUNDIS: Mr. President, the Prosecution expert,

11 General Reinhardt, took a total of five days, and the Prosecution spent

12 one 90-minute session on direct examination in light of the fact that he

13 had filed an expert report that was less than 50 pages long, and we spent

14 90 minutes on our direct examination and then the Defence, I believe, took

15 some three, three and a half days to cross-examine him. So that certainly

16 would be -- would be one way that the -- that this issue can be

17 approached.

18 I mean, again, the witness has a total of 450-plus pages that

19 have been produced and filed, and -- and of course timing and scheduling

20 issues are -- are completely in the hands of the Trial Chamber. But

21 our -- our view is that in light of the large number of materials he's

22 produced, four days very well might be considered excessive because of

23 that expert report and also because of the time limitations and the

24 courtroom and other resource limitations that we do face.

25 JUDGE ANTONETTI: [Interpretation] As the Judges meet daily to

Page 17396

1 discuss matters, we will discuss this point too amongst ourselves and we

2 will listen to you tomorrow with close attention, and then we will let you

3 know what our decision is. But both parties have spoken.

4 Does the other Defence team wish to intervene with regard to the

5 expert witness? Because we've just been told that you need one day for

6 your examination.

7 MR. DIXON: Thank you, Your Honours. We had estimated one day at

8 the maximum to make sure that we did give ourselves sufficient time. But

9 in reviewing the situation and also in light of what Your Honours and

10 Mr. Mundis have said today, we could scale down the -- the amount of time

11 that we would use. It was suggested one day at the maximum, and having

12 spoken to Mr. Ibrisimovic now, I -- I think that we could reduce it to

13 about two hours, depending on what were the most important issues that --

14 that needed to be raised from the report. So we will re-look at the

15 matter and see whether we could reduce our time to make sure that the

16 expert witness did finish by the 1st of April.

17 Thank you, Your Honours.

18 JUDGE ANTONETTI: [Interpretation] Thank you.

19 Let us now proceed with the hearing of the witness.

20 Can I ask the usher to be kind enough to bring in the witness.

21 [The witness entered court]

22 JUDGE ANTONETTI: [Interpretation] Good morning, sir. Let me

23 check that the equipment is working and tell me whether you can hear and

24 understand me.

25 THE WITNESS: [Interpretation] I can hear you and understand you.

Page 17397

1 JUDGE ANTONETTI: [Interpretation] Sir, you have been called as a

2 Defence witness for General Hadzihasanovic. Before asking you to read the

3 solemn declaration, I need to know your first and last name, the place and

4 date of birth.

5 THE WITNESS: [Interpretation] My name is Zaim Mujezinovic. I was

6 born on the 17th of July, 1966 in Zenica.

7 JUDGE ANTONETTI: [Interpretation] What is your current

8 occupation, please?

9 THE WITNESS: [Interpretation] I'm employed in the Army of the

10 Federation as an officer. My rank is that of major.

11 JUDGE ANTONETTI: [Interpretation] I see. So you are a major in

12 the army. And you have been assigned to what place?

13 THE WITNESS: [Interpretation] I am working in Sarajevo.

14 JUDGE ANTONETTI: [Interpretation] In 1992/1993, did you have a

15 position or a function? If so, which? And where were you deployed?

16 THE WITNESS: [Interpretation] In 1992, I was employed in a

17 company called Haril [phoen], engaged in defence and protection. As of

18 the 15th of April, 1992, I became a member first of the Territorial

19 Defence of Bosnia and Herzegovina and later of the Army of Bosnia and

20 Herzegovina.

21 JUDGE ANTONETTI: [Interpretation] And in the ABiH, what unit were

22 you a member of?

23 THE WITNESS: [Interpretation] I was first in the military police

24 detachment of the District Staff of Territorial Defence, and then from the

25 1st of December, 1992 in the Military Police Battalion of the 3rd Corps as

Page 17398

1 unit commander.

2 JUDGE ANTONETTI: [Interpretation] Major, have you testified in an

3 international/national court before about the events that took place in

4 your country, or is this the first time for you to testify?

5 THE WITNESS: [Interpretation] I am testifying for the first time

6 about the wartime period of 1992/1993 and the events that took place in my

7 country.

8 JUDGE ANTONETTI: [Interpretation] Will you please read the solemn

9 declaration.

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

11 speak

12 the truth, the whole truth, and nothing but the truth.

13 JUDGE ANTONETTI: [Interpretation] You may be seated.


15 [Witness answered through interpreter]

16 JUDGE ANTONETTI: [Interpretation] Major, before giving the floor

17 to the lawyers for the Defence, I will give you some explanations

18 regarding the proceedings, as I do for all witnesses, so as to make sure

19 that we can proceed in a smooth manner and in a productive manner.

20 You will have to answer questions which will be put to you by the

21 lawyers of General Hadzihasanovic, whom you certainly met in preparation

22 of this hearing. Normally -- we plan to hear your testimony over a period

23 of two days, today and tomorrow.

24 As I was saying, you will be answering neutral questions, and

25 your answers will have to be sufficiently detailed for the Judges to

Page 17399

1 understand the answers you are giving to questions put to you.

2 Upon the completion of this stage of the proceedings, which may

3 perhaps last all morning, the Prosecution, which is seated to your right,

4 will also be asking you questions within what is known as the

5 cross-examination. And the duration of the cross-examination will be the

6 same as the amount of time used by the Defence. But you will notice that

7 the form of the questions during the cross-examination differ slightly

8 from the type of questions put to you to the Defence, as during the

9 cross-examination the Prosecution is entitled to ask you very leading

10 questions, which you can answer with a yes or no.

11 At the end of this stage, the Defence counsel may take the floor

12 again for additional questions, which have to be linked to the questions

13 put by the Prosecution.

14 The three Judges, who are seated in front of you, may according

15 to the Rules ask you questions at any time; however, as this is an

16 adversarial procedure, we prefer to allow the parties to put to you their

17 questions and only if we find that we need further clarification of some

18 of your answers or because we feel that there may be some gaps in the

19 answers, that we will ask you questions ourselves.

20 After our questions, we give the floor once again to the

21 Prosecution and the Defence for them to have the last word and to be able

22 to respond to your answers given to the Judges' questions.

23 Those would be in general terms the proceedings over the next two

24 days.

25 I also wish to draw your attention to two important points, which

Page 17400












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Page 17401

1 I am sure the Defence has already told you about, but it is my duty to

2 remind you: You have taken the solemn oath to tell the whole truth, which

3 excludes all false testimony, because false testimony is an offence which

4 may be punished by this Tribunal. The second important point - which is

5 more of a technical nature and which we have never encountered so far -

6 but a witness may refuse to answer a question if he feels that his answer

7 may one day be used against him, and the witness may say, "I don't wish to

8 answer that question." In such an extremely exceptional case, the Chamber

9 may intervene and compel the witness to answer nevertheless, while at the

10 same time granting the witness immunity from prosecution, which means that

11 what he says cannot be used before this Tribunal against him. This

12 provision has been included in our Rules in order to contribute to the

13 establishment of the truth.

14 You will have to answer all these questions. As you perhaps

15 know, this is a purely oral proceeding, so we don't know anything about

16 you except for a very brief summary about what you are going to say.

17 Hence, the importance of what you are going to tell us.

18 And you will see a screen in front of you -- actually, you have

19 two screens -- with words appearing in English, and you -- what you say

20 will also be translated in English. And it is this that will be the

21 transcript and the record of the proceedings; hence the importance of your

22 answers. Therefore, if you don't understand the meaning of a question,

23 ask the person putting it to you to rephrase it. We have plenty of time,

24 and you can ask for a question to be rephrased.

25 Should you have any difficulties, please don't hesitate to let us

Page 17402

1 know, because we are here, among other things, to deal with any

2 difficulties that might arise.

3 For technical reasons and to give you a chance to have a rest, we

4 are obliged to have a small break every hour and a half lasting 20 to 25

5 minutes, which will begin shortly. So from now until a quarter to 2.00,

6 when we adjourn, we will be having two breaks, and the same applies to the

7 hearing tomorrow. During these breaks, you will be able to take a rest

8 because questions can be quite tiring, as you will see, and also the

9 technicians have a chance to change the audiotapes. These breaks, let me

10 assure you, are not intended for -- to give the Judges a rest.

11 Having said that, I will give the floor to the Defence, who will

12 add another piece of advice, and then they will embark upon their

13 questions.

14 MS. RESIDOVIC: [Interpretation] Thank you, Mr. President.

15 Examined by Ms. Residovic:

16 Q. [Interpretation] Good morning, Mr. Mujezinovic.

17 A. Good morning.

18 Q. As the Presiding Judge has just told you, I have a piece of

19 advice, and I should like to ask you: In view of the fact that we both

20 speak the same language, you can answer my questions straight away;

21 however, both my question and your answers need to be interpreted so that

22 Their Honours and our colleagues in the courtroom are able to follow.

23 That is why I appeal to you that when you hear my question, you wait a few

24 minutes before answering it, and I will do the same. Have you understood

25 me?

Page 17403

1 A. Yes.

2 Q. You said that on the 1st of December, 1992 you became commander

3 of the Military Police Battalion of the 3rd Corps. My question is: What

4 duty did you perform throughout 1993?

5 A. During 1993, I was commander of the Military Police Battalion of

6 the 3rd Corps of the ABiH.

7 Q. Mr. Mujezinovic, who was your immediate superior? Your superior

8 and the superior to the whole battalion.

9 A. The immediate professional superior was the security sector of

10 the 3rd Corps, or the chief of the security sector of the 3rd Corps.

11 According to the chain of command, the immediate superior was the

12 commander of the 3rd Corps.

13 Q. The purview and tasks of the military police, were they regulated

14 by any laws and regulations? And if so, tell us which.

15 A. On the 8th of September, 1992, the Rules of Service for the

16 military police was issued, which was the guideline for the work of both

17 the Military Police Battalion and all other military police units. Also,

18 the Law on Criminal Procedure and orders and instructions issued by the

19 3rd Corps were the main regulatory factors for the work of the military

20 police.

21 Q. Mr. Mujezinovic, could you briefly tell the Trial Chamber what

22 were the main tasks of the military police and specifically the Military

23 Police Battalion of the 3rd Corps.

24 A. As I have said, the Rules of Service defined the main principles

25 and premises. The work of the military police consisted of implementing

Page 17404

1 the powers of the military police and the services of the military police.

2 When I say "the powers," there are 14 powers that every military policeman

3 is allowed to resort to, from ID, identification, to filing of criminal

4 reports. And when we are talking about military police services, there

5 are seven elements that the military police has to observe. And these

6 consist of the security service, meaning securing command posts, providing

7 security for senior military officials and similar levels of command; then

8 continuous duty service, which in practice means receiving and

9 distributing information round the clock; the patrol service, which means

10 control of the territory and ensuring respect of military discipline; the

11 search service, and the name itself tells us it means searching on various

12 grounds; the crime-prevention service, with the aim of preventing crime

13 and also investigating crime; and the service for the regulation and

14 control of military traffic, which means regulating traffic and movement

15 of military convoys, individuals providing security in traffic for

16 high-level military delegations, and the like.

17 Q. Mr. Mujezinovic, who did you have authority over?

18 A. The military police unit primarily had authority over men in

19 uniform; that is to say, members of the ABiH. This involved taking all

20 steps in accordance with the law if a member of the ABiH had violated the

21 law and the norms of military conduct. The military police also had

22 competence with regard to civilians only if crimes were committed that

23 involved the responsibility of the district military court. It was only

24 in such cases that they had responsibility competence.

25 Q. Mr. Mujezinovic, could you tell me which crimes are in question

Page 17405

1 and are they regulated in instructions of any kind? I'm referring to

2 crimes for which the military police could take action with regard to

3 civilians too.

4 A. This is regulated on the basis of the competence of military

5 courts, and it involves acts that pose a danger to the vital interests of

6 the army; that is to say, to the ABiH. These acts include subversive

7 activity, sabotage activities, in order to weaken the force of the other

8 side -- to weaken one's force. It also involved other acts of sabotage

9 that posed a danger to the Army of Bosnia and Herzegovina.

10 Q. Could you tell us who had responsibility over civilians, that is

11 to say, individuals who were not members of the army, when other crimes

12 were committed, not the crimes that are listed in the Law on Military

13 Courts, as you have said?

14 A. If civilians committed a crime of any kind or a misdemeanour of

15 any kind which had nothing to do with the Law on Military Courts, then the

16 Ministry of the Interior would be responsible for such crimes.

17 Q. Tell me, how was your battalion -- how was your Military Police

18 Battalion organised?

19 A. The Military Police Battalion was established and started

20 functioning on the basis of temporary wartime establishment, which was

21 then issued by the Main Staff of the ABiH, and it was the 3rd Corps' duty

22 to implement these measures. In terms of the organisation, the battalion

23 was composed of the following entities - and this depended on the

24 situation - there was the command of the battalion of the military police,

25 with the commander at its head -- or rather, his deputy. Within the

Page 17406

1 command of the Military Police Battalion, there were various sectors which

2 were responsible for the total organisation and functioning of the

3 battalion. That means that the commander had his assistant for personnel

4 affairs and later an assistant for security, an assistant for operations

5 and training, and an assistant for logistics. And there were other

6 factors, other officials in the command. There was a communications

7 officer and other organisational levels. Together with the command

8 battalion, the following entities were active: First, there was the

9 detachment, and then the platoon for the services of the military police.

10 They consisted of authorised officials -- or rather, of individuals who

11 had been trained to conduct certain investigations.

12 The composition depended on the situation, and apart from the

13 authorised officials, there were soldiers who would be present, on duty,

14 and to intervene; there were lawyers, et cetera.

15 The following sector was composed of military police companies:

16 Within those companies, according to the Rules of -- for the Military

17 Police, there were certain main activities that they were involved in.

18 The first company of the military police as a rule went on patrol. It was

19 a traditional military police unit. The second one was to provide

20 security at various levels. The third one usually engaged in direct

21 combat in the field. And the fourth one was a traffic unit, and it

22 focussed on regulating military traffic. Subsequently, on the basis of

23 demonstrated need, I think it was in the second half of 1993, a company

24 for anti-terrorist activity was formed, which was in fact first a platoon

25 and was then transformed into a company. Its main objective was to engage

Page 17407

1 in combat against anti-sabotage units, to deal with complex situations, to

2 go on patrol, provide security for high-ranking military officials, et

3 cetera.

4 Q. Mr. Mujezinovic, tell me, since you were the military police

5 commander in the 3rd Corps from the time it was established, what was the

6 strength of the battalion, of the Military Police Battalion, when it was

7 established and did this change in the course of 1993?

8 A. The core of the Military Police Battalion was composed of a

9 company of military police from the District Territorial Defence Staff.

10 From the 1st of December until the end of the war, this corps was

11 transformed and the battalion was formed in accordance with temporary

12 establishment, as I have already said. The men didn't have adequate

13 training - that's quite sure - for the simple reason that we didn't have

14 sufficient databases in order to mobilise into the military police unit

15 men who fulfilled the conditions, men who were on record as being fit for

16 such service.

17 Secondly, the battalion was formed at the same time that certain

18 tasks were being carried out, so that it wasn't in a position to establish

19 a structure such as it would have established in peacetime conditions.

20 Thirdly, the ABiH - and that means the battalion too - was formed

21 out of nothing. So the equipment that the Military Police Battalion had

22 depended exclusively on the goodwill that existed on the possibility of

23 mobilising such equipment.

24 Q. You haven't told me how many members the Military Police

25 Battalion had.

Page 17408

1 A. I think in the first half of 1993 the Military Police Battalion

2 had between 200 and 250 men.

3 Q. You said that it was transformed as tasks were being carried out.

4 Could you assess the number of members in the battalion towards the end of

5 1993?

6 A. Well, it would be logical for the battalion in 1993 to have about

7 400 to 450 men.

8 Q. A minute ago you mentioned the composition and structure of the

9 battalion in terms of companies. How many members of the battalion of the

10 military police would enter the composition of certain companies?

11 A. As a rule, the military police companies were in organisational

12 terms similar to infantry companies. They were formed of the command of

13 the company and three platoons. Each platoon had three detachments in

14 total. This means that one detachment would have about eight men and a

15 platoon would have 25 men - 24 men plus the commander, who would be the

16 25th - so the companies had between 75 and 80 men, in terms of

17 establishment.

18 The strength depended on a number of factors: On the legal

19 situation, on authorisation from the superior command, et cetera.

20 Q. You said that within the battalion there was a service that was

21 involved in police investigations and military investigations -- military

22 police investigations. How many men were there in that service? Since

23 you said that at the beginning it was the size of a detachment and later

24 of a platoon. Could you be more precise and tell me how many members of

25 the Military Police Battalion were engaged in that service.

Page 17409

1 A. I think there were a little more than 20 men because as a rule

2 one would work around the clock. When I said "a permanent service," it

3 was in the platoon for investigations, and this meant that it was always

4 your obligation to have a certain number of men by the phone who could

5 answer the phone and you needed a certain number of soldiers and officers

6 who could intervene, depending on the situation. There were about six

7 soldiers who were engaged, and depending on the situation, two or four

8 lawyers were engaged; again, depending on the situation, a certain number

9 of authorised officials were engaged, officials who were involved in

10 operations. Alone there were about four to six of them. Again, that

11 depended on the situation. Later there were perhaps more of them. And if

12 necessary, a certain number of professional soldiers would be added -- a

13 certain number of mobilised soldiers would be added to carry out certain

14 activities in the field.

15 Q. In addition to these regular tasks that you carry out and that

16 related to the services of the military police, tell me, in which

17 situations and when did the military police react to information on crimes

18 having been perpetrated?

19 A. When it came to light that the crime had been perpetrated, the

20 military police would go to the scene of the crime. If there were

21 indications according to which the crime had been committed by a member of

22 the ABiH, the first obligation, apart from going to the scene, was to

23 inform the duty investigative judge. Upon arriving on the scene, the

24 military police would seal off the area where a crime had been committed,

25 wait for the investigative judge to arrive, and take further action in

Page 17410












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Page 17411

1 accordance with the instructions that the investigative judge had issued.

2 That means that the investigative judge at that point in time took charge

3 of all future actions, all future steps, taking -- collecting certain

4 evidence, et cetera.

5 If the judge did not go to the scene -- or rather, if this was

6 not necessary, the military police would then take the necessary steps at

7 the scene in order to detect the perpetrator. Then an operations plan

8 would be compiled in order to find the perpetrator of the crime, to put

9 everything on paper and to file a criminal report, which would be

10 forwarded to the competent court.

11 Q. Mr. Mujezinovic, tell me whether in this pre-trial phase, did the

12 military police always act independently when they found out about a crime

13 having been committed or were there any situations in which they would act

14 together with the civilian police?

15 A. This depended on the indications -- or rather, on the elements

16 that pointed to the perpetrator of the crime. If there were elements of

17 crime that pointed to a civilian as a perpetrator of the crime, then, as a

18 rule, action would be taken with the Centre for Security -- or rather, the

19 Ministry of the Interior. Then we would compile a joint plan, and when

20 the military police was no longer responsible, the civilian would take

21 over -- the civilian police would take over to find the perpetrator of the

22 crime.

23 Q. A minute ago you mentioned the fact that you would inform the

24 duty -- or rather, the investigative judge that you suspected that a crime

25 had been committed, and when the judge went to the scene of the crime, the

Page 17412

1 judge in fact took charge of all the measures that would then be taken.

2 When the investigative -- or rather, duty judge went to the scene

3 of the crime, did members -- could members of the military police act

4 independently and contrary to the instructions issued by the judge,

5 regardless of the fact that you perhaps might order the soldier to act in

6 a contrary manner?

7 A. No. The military police did not have the authority to act in

8 such a manner, nor did anyone else have the authority to act in such a

9 manner. It wasn't possible to act contrary to the instructions of the

10 duty -- or rather, investigative judge who went to the scene of the crime.

11 According to the law, when the judge arrives at the scene of the crime, he

12 takes charge of all the activities that are to be taken in order to find

13 the perpetrator of the crime -- or rather, in order to punish the

14 perpetrator of a crime.

15 Q. Mr. Mujezinovic, when the investigative judge went to the scene

16 of the crime or when you in other situations gathered information on the

17 perpetrator of a crime, when you gathered sufficient information on the

18 basis of which you could institute criminal proceedings, who would you

19 forward this evidence -- or, rather, information to?

20 A. It was our duty to forward that evidence -- or, rather, all the

21 other elements that might be gathered and that might be sufficient to

22 institute criminal proceedings, to the prosecutor, to the competent

23 prosecutor. We proceeded in two ways: A criminal report would be filed

24 with the relevant information and with an assessment -- a proposal for an

25 assessment of the crime; and secondly, the prosecutor's office might be

Page 17413

1 provided with the report alone, without a description of the factual

2 situation, only with the elements that pointed to the perpetrator of a

3 crime, and then the prosecutor could later assess the crime and forward

4 the matter to the judge in charge.

5 Q. Mr. Mujezinovic, according to the law, was it your duty to

6 provide a factual description of a crime and to provide a legal

7 description of the crime? And if that is what you did, as you just said,

8 would your assessment, your legal assessment, your description of the

9 crime in any way bind the prosecutor to whom you would forward this

10 material?

11 A. According to the law, it was not our duty to provide a factual

12 description of the crime or to propose an assessment of the crime. In

13 accordance with established practice and the fact that military courts had

14 a lot of duties, we compiled criminal reports in accordance with their

15 instructions and we provided a factual description and proposed legal

16 assessment of the crime, simply in order to assist in preparing for the

17 case and shedding light on the case. So it wasn't our duty to provide a

18 factual description or to propose an assessment -- a legal assessment of

19 the crime, because the responsibility for the assessment of a crime was

20 the prosecutor's, and it was the judge to finally take a decision on how a

21 crime should be described.

22 Q. Thank you. To date a number of individuals have testified before

23 this Chamber, and they have spoken about the chain of command in the

24 military police. This is why I will only briefly ask you who was in

25 charge of the military police, who was in command of the military police,

Page 17414

1 and how did this individual command the military police?

2 A. According to the Rules for the Military Police and in accordance

3 with practice in the field, the way in which the military police would be

4 commanded was defined. According to one of the items, the commander of

5 the unit within which the military police is established commands the

6 military police, and the command is formed of the security service.

7 Q. Mr. Mujezinovic, tell me whether in 1993 these rules on

8 commanding were not respected. And if so, in what way and how long did

9 this situation last?

10 A. I don't know the exact time, but for a brief period the practice

11 that was followed was bad, so to speak. The Chief of Staff tried to take

12 over actions taken by the corps commander, not because he was capricious

13 but because all the other units, such as Military Police Battalions, were

14 almost under the Chief of Staff.

15 As an example, I'm referring to the Engineers Battalion and to

16 other units of that kind. And on that basis, the Chief of Staff for a

17 certain period of time, a brief period of time, tried to have command over

18 the Military Police Battalion.

19 Q. Mr. Mujezinovic, a minute ago you said that the commander through

20 his professional organ governed -- commanded the military police. Tell

21 me, what sort of authority did the security organ have when it comes to

22 commanding, in professional terms, the Military Police Battalion?

23 A. Well, in professional terms, everything of a military police

24 nature is the responsibility of the security sector -- or rather, of its

25 chief in the 3rd Corps. In professional terms, commanding the military

Page 17415

1 police involves coordinating, issuing orders, instructions, and other

2 elements that can contribute to correctly resolving certain military

3 police situations. This means contact between the Military Police

4 Battalion and the security sector was not -- I wouldn't say "daily," but

5 it took place every hour in order to ensure that everything was legal and

6 that military police methods were properly implemented. The chief of

7 security in fact had all information on the work of the Military Police

8 Battalion. He issued additional orders or provided further guidelines for

9 action. With regard to all these actions, he had to provide the 3rd Corps

10 command -- commander with information and obtain further instructions on

11 action to be taken from him.

12 The 3rd Corps commander had exclusive authority to issue orders

13 to engage the Military Police Battalion in combat -- or rather, it was his

14 exclusive authority to issue orders for the Military Police Battalion to

15 be engaged, apart from cases in which assistance had to be provided in

16 certain areas and certain tasks had to be carried out.

17 Q. Tell me, please, Mr. Mujezinovic, whether in the area of the 3rd

18 Corps in subordinate units, were there also military police units or was

19 the Military Police Battalion the only police force, to put it that way,

20 of the 3rd Corps?

21 A. The Military Police Battalion was not the sole military police

22 force of the 3rd Corps. Within each of the brigades, depending on its

23 structure or purpose, there was a platoon or company of military police.

24 Within operative groups, depending on the actual needs on the ground, a

25 military police company would be active. In this way, it was possible for

Page 17416

1 the military police to do its work where it is actually deployed within

2 the BH army.

3 Q. Mr. Mujezinovic, these platoons or military police companies in

4 the brigades and operative groups, did they have all the original powers

5 and competencies as the Military Police Battalion?

6 A. Yes. The Rules of Service for the military police, the Law on

7 Criminal Procedure, orders and instructions of the 3rd Corps in effect

8 provided the guidelines for the work of all military police units within

9 the 3rd Corps. The competencies and services are universal in nature, and

10 the fact that there is military police means that these rules have to be

11 applied.

12 Q. Tell me, Mr. Mujezinovic, who was in command and control of the

13 platoons and companies of the military police in subordinate units and how

14 was this control and command exercised?

15 A. The platoons or companies of military police in brigades and

16 operative groups were also structured according to provisional wartime

17 establishment, and the platoons and companies were headed by a military

18 police commander. His professional superior body was the assistant

19 commander for security in the relevant brigade or operations group. And

20 the responsible person for combat engagement of military police units at

21 that level was the brigade commander, the commander of the brigade within

22 whose structure was the military police unit or, if it was an operations

23 group, the commander of the operations group.

24 Q. The Military Police Battalion of the 3rd Corps and you as the

25 commander, did you have any authority to control and command companies and

Page 17417

1 platoons in subordinate units?

2 A. According to the hierarchy and according to the regulations, the

3 Military Police Battalion did not have any superior -- superiority over

4 military police companies and platoons within operations groups or

5 brigades. Our relationship was based exclusively on 3rd Corps orders and

6 possibly there may be coordination on the ground to deal with certain

7 crisis situations, to find perpetrators of criminal offences, and the

8 like. But the Military Police Battalion did not have any authority to

9 issue orders towards companies or platoons of the military police in the

10 brigades.

11 Q. What were the customary tasks that you had in relation to

12 companies and platoons? Did you have any duties or obligations that were

13 not of a command nature?

14 A. We were not entitled to any reprisals or measures without orders

15 from the corps command. What would usually happen was that a military

16 police platoon or company in the field was not physically or for -- in

17 terms of personnel and equipment, able to deal with a certain situation

18 and to take military police measures. In that case, the corps commander

19 most frequently, upon the proposal of the chief of security of the 3rd

20 Corps, would issue the order to engage parts of the Military Police

21 Battalion, to assist or carry out certain tasks in the field together with

22 the platoon or company of military police. The brigade military police

23 and operations group military police with relation to the battalion, had

24 only one obligation, and that was to forward daily or weekly reports about

25 their activities exclusively of a numerical nature, and the Military

Page 17418

1 Police Battalion would pool those factors and pass them -- forward them on

2 to the security sector.

3 Q. Could you please explain: What do you mean a report of a

4 numerical nature? A military police platoon or company needs to report to

5 you about what exactly?

6 A. The General Staff of the BH army prepared a form -- a format for

7 reports on measures taken and activities of military police units in

8 accordance with their competencies and services, and these forms were

9 passed on to the 3rd Corps and then the 3rd Corps organised a system of

10 reporting. This report consisted exclusively of numerical indicators of

11 measures taken.

12 By way of example, the form was as follows: Military police of

13 the X brigade has undertaken the following measures. For example,

14 cautioned 18 soldiers; identified 6; escorted 4 persons, et cetera. And

15 on the basis of these numerical data, a composite report would be

16 compiled, and then the Military Police Battalion would forward these

17 reports to the General Staff.

18 Q. Mr. Mujezinovic, if in an area in which a platoon or company of

19 the military police was active a crime were to be committed, my first

20 question is: Who would be entitled to act in accordance with the powers

21 of the military police? Would it be the military police of that unit, and

22 did they have to report to you or to someone else about this, and what

23 were the competencies or possibilities for the battalion's engagement in

24 accordance with the rules and the practice in the 3rd Corps?

25 A. The competence with respect to all investigative work in order to

Page 17419

1 discover the perpetrator of a criminal offence was within the hands of the

2 military police unit which had territorial jurisdiction.

3 By way of example, if a criminal offence is committed in the

4 318th Brigade, the scene would be secured by the military police for the

5 318th Brigade. Their duty service would inform the military judge on duty

6 and then would act in accordance with his instructions. If there are no

7 elements for the competent -- territorially competent judge to go on site,

8 then the military police makes its own assessment and prepares a plan for

9 discovering the perpetrator of the crime. It informs the assistant

10 commander for security - in this case of the 318th Brigade - of all

11 measures taken. And in accordance with his competencies and powers, he

12 would then coordinate those activities on the ground and would at the same

13 time inform the chief of the security sector of the 3rd Corps about all

14 measures and steps taken to discover the perpetrator of the crime or the

15 measures and acts that he plans to do in the forthcoming period.

16 On the basis of those reports, the chief of security makes a

17 judgement as to whether that territorially competent unit of the military

18 police is competent or not competent, but whether they are capable of

19 implementing all these measures. And if so, he lets them finish the work;

20 if not, he makes a proposal to the corps commander that he orders the use

21 of parts of the Military Police Battalion to help in elucidating the

22 crime.

23 So the military police is not obliged to provide detailed reports

24 to the Military Police Battalion but only to simply list the measures

25 taken in numerical form. A complete report goes along this other line of

Page 17420












12 Blank page inserted to ensure pagination corresponds between the French and

13 English transcripts.













Page 17421

1 command, and on the basis of that final assessment is the Military Police

2 Battalion engaged or not.

3 Q. Tell me, Mr. Mujezinovic, were parts of the Military Police

4 Battalion engaged in, conditionally speaking, within the territorial

5 competence of platoons or companies of individual brigades?

6 A. Yes, the Military Police Battalion was frequently - I don't know

7 exactly how frequently - pursuant to orders of the 3rd Corps commanders

8 engaged to implement certain military police measures in certain areas

9 outside its own framework of activity.

10 Q. If a part of the Military Police Battalion is engaged in a

11 particular area upon orders of the commander, tell me, would you be in

12 command of those parts of the battalion or does the chain of command

13 change in that case?

14 A. The corps commander's order in principle contains instructions as

15 to command. If we go back to the story about the work of military police

16 units and the assistant for security, you will see that the chief of

17 security is the most competent individual to propose an engagement of

18 units of the Military Police Battalion and on the basis of that proposal,

19 the 3rd Corps commander renders the decision. Now, the part of the

20 Military Police Battalion is resubordinated to the unit to whose territory

21 that part is being deployed or that part of the battalion may act

22 independently, depending on the elements of the order, that is, whether it

23 is resubordination or independent activity. This determines the principle

24 of reporting to the commanding officer.

25 Q. Thank you.

Page 17422

1 MS. RESIDOVIC: [Interpretation] Mr. President, as I would like to

2 use certain documents with this witness, I would like to ask the bundle of

3 documents that we have prepared for the Trial Chamber and the witness to

4 be handed out.

5 Q. Mr. Mujezinovic, will you please look at document number 51.

6 A. Yes.

7 Q. It is document DH161, doc 4, and it is an order of the command of

8 the 3rd Corps dated the 24th of April, 1993.

9 Are you familiar with this document? And if you are, tell me,

10 does it reflect one of those situations when the Military Police Battalion

11 was engaged in the way you have just described?

12 A. I am familiar with the document, and it fully reflects what I

13 just said.

14 If you read it carefully, you will see that the unit is being

15 resubordinated to the commander of the 325th Brigade. And in military

16 language, he is responsible for the continued engagement and use of the

17 military police unit.

18 Also, the 3rd Corps commander is authorising the commander of the

19 325th Brigade to assess himself when the obligations of the Military

20 Police Battalion cease, when it can go back to its normal position. In

21 military terms, everything is clear in this order, with respect to the

22 engagement, responsibilities, right to issue orders, and reporting with

23 respect to the military police unit.

24 Q. Tell me, in connection with this order, whether the preamble to

25 the order indicates the reasons why the commander has decided to

Page 17423

1 resubordinate a part of the battalion to this brigade, which you referred

2 to earlier on.

3 A. Yes. In the preamble the reasons are given for this order issued

4 by the 3rd Corps commander. The content of this introduction is based on

5 a report received, because it says that "because of the factual situation

6 on the ground."

7 Q. Will you look at document at tab 47. This is the order of the

8 3rd Corps commander dated the 16th of June, 1993, DH161, document 13.

9 Tell me, do you know whether a part of your battalion was engaged

10 to provide security in the area of Guca Gora?

11 A. Yes, I am familiar with this order, too. And a part of the unit

12 that I was in command of was engaged in this area. Once again, the same

13 principle applies, that the corps commander issued an order on the basis

14 of an assessment of the situation and with a view to preventing

15 undesirable activities. The commander has decided together with military

16 police units of the brigade who were deployed in the area to engage a part

17 of the Military Police Battalion. It is the duty of the commander of the

18 306th Brigade as a result of this order for all the military police

19 elements of the 306th, the 312th, and a part of the Military Police

20 Battalion to place them under his command and to take the necessary

21 measures with these units to carry out the order of the 3rd Corps

22 commander. So he is responsible for the implementation of measures and

23 for reporting to the 3rd Corps command on the measures taken.

24 Q. Let us go back once again to the part of your testimony that

25 referred to the actual establishment of the battalion and the efforts made

Page 17424

1 to improve it. Tell me, after the decision was made to set up a Military

2 Police Battalion, the nucleus of which was the Military Police Company of

3 the District Staff, to what extent did the 3rd Corps commandant commander

4 devote attention to the training of the battalion and what efforts were

5 necessary in view of the problems that were encountered?

6 A. In answer to the first part of your question, the 3rd Corps

7 command and its commander did devote special attention and significance to

8 the formation and structuring of military police units, that is, the

9 battalion of the military police, primarily in order to form a unit that

10 would be -- that would set an example to other units of the 3rd Corps but

11 also to improve the military discipline in all other parts of the 3rd

12 Corps.

13 The Military Police Battalion encountered a series of problems in

14 the course of its development and maturing. First of all, in terms of

15 personnel, because, as I said before, it was difficult to find the right

16 people. I wish in particular to underline that we never had any

17 constraints or limitations from the 3rd Corps in terms of the ethnic

18 selection of personnel. The only guiding principle was the capability of

19 people and their ability to carry out assigned tasks.

20 Q. Tell me, Mr. Mujezinovic, since you were in a company of the

21 District Staff, what duty were you performing?

22 A. First I was platoon commander. And when Mr. Husic, the

23 commander, left the District Staff, I was appointed commander of the

24 Military Police Company of the District Staff.

25 Q. So as company commander, which later became the nucleus of the

Page 17425

1 Military Police Battalion of the 3rd Corps of the ABiH, were you aware of

2 the efforts of the 3rd Corps commander to form a unified battalion of the

3 armed forces of both the HVO and the army as a precondition for the

4 discipline of forces in the area? Or perhaps you were not aware of that

5 at the time.

6 A. At the time, I was not aware of that for the simple reason that

7 the corps commander made his decision to form the battalion on the 1st of

8 December, 1992, and that is when I learnt that I would be the battalion

9 commander. The efforts made by the corps command I became aware of later

10 for the simple reason that I personally encountered problems, especially

11 with respect to my subordinates who were not of Bosniak ethnicity. And

12 the 3rd Corps command told me that from the beginning the HVO was offered

13 the possibility to be a component part of the Military Police Battalion on

14 an equal footing in the 3rd Corps.

15 Q. Before the break, I should like to ask you to look at the

16 document at tab 1. It is a document of the 3rd Corps command dated the

17 27th of November, 1992.

18 MS. RESIDOVIC: [Interpretation] Mr. President, this is a new

19 document, though we spoke about it with another witness, but it was not

20 produced. We have given a copy to the Prosecution, and there is an

21 English translation. So I ask for permission to use this document in the

22 examination-in-chief of this witness.

23 Q. Mr. Mujezinovic, is this a document that confirms what you learnt

24 subsequently, and that is that the 3rd Corps commander from the very

25 beginning wished to unite the military police of the armed forces that

Page 17426

1 were in the area?

2 A. Yes, this document confirms this. And I wish to underline in

3 particular that from this document and subsequent correspondence within

4 the 3rd Corps the general position of the corps command and probably the

5 commander was evident, and that is for the ABiH to reflect the ethnic

6 composition of the population. I think this can be seen from these

7 documents. We used the Croatian language, and I, too, for a moment -- for

8 a period of time was referred to as the "zapovjednik," and not

9 "komandant," which is the Croatian term, so this also reflected these

10 efforts. We used both languages equally.

11 MS. RESIDOVIC: [Interpretation] Perhaps now would be the best

12 moment for the break. And I would like the witness to be given this set

13 of documents so he could have better insight into them, and that would

14 ensure our smooth work after the break.

15 JUDGE ANTONETTI: [Interpretation] During the break, Major, cast a

16 glance at the documents that have been given to you, which will facilitate

17 the work of the Defence after the break.

18 It is 10.30, we will resume at about five to 11.00.

19 --- Recess taken at 10.30 a.m.

20 --- On resuming at 10.58 a.m.

21 JUDGE ANTONETTI: [Interpretation] We will now resume.

22 The Defence may take the floor.

23 MS. RESIDOVIC: [Interpretation] Thank you, Mr. President.

24 Q. Mr. Mujezinovic, before the break, you mentioned certain problems

25 that you yourself found out about when attempting to mobilise into the

Page 17427

1 ABiH on an equal basis members of the Croatian population; is that

2 correct?

3 A. Yes.

4 Q. Tell me, to that effect, did you react -- or rather, did your men

5 have problems because they were in the army and did you react to that

6 situation?

7 A. Yes. Members of the Military Police Battalion who were of

8 Croatian nationality had certain problems when working and living outside

9 the unit. There was psychological pressure and direct pressure from

10 so-called good Croats and other individuals who were HVO members, and I

11 think that I wrote something about this. At the very beginning of the

12 establishment of the battalion the purpose of this report was to inform my

13 superior command but also to obtain instructions and to tell the corps

14 command that action should be taken in relation to other social and

15 political organs in order to prevent the abuse, the mistreatment of Croats

16 in the Military Police Battalion and in other ABiH units.

17 Q. Have a look at document under tab 5, DH2077, and tell me, is this

18 what you have testified? Is this the warning that you mentioned that you

19 drafted when the battalion was being formed?

20 A. Yes, that's an official record -- an official note of mine which

21 I drafted and forwarded to the corps command, and it reflects the actual

22 situation at that time.

23 Q. Mr. Mujezinovic, in addition to the fact that orders were issued

24 in order to discipline the army, did the corps command and your battalion

25 take other measures apart from the order that was issued in order to

Page 17428

1 implement such orders?

2 A. Issuing orders was the first stage. After the corps command had

3 issued orders, usually a team from the corps command would go into the

4 field. And as far as organisation -- military organisation, disciplinary

5 measures are concerned, combat readiness, et cetera, they -- there would

6 usually be officials from the 3rd Corps who would go upon orders from the

7 commander in order to ensure that there was such a situation. In order to

8 assist in the field, remove shortcomings for me in the unit and for other

9 commanders, this was an opportunity to mention the problems we had as far

10 as organisation was concerned and to inform the corps command about how

11 they could assist me in order to resolve any difficulties that I'd

12 encountered.

13 With regard to the measures I had to take and with regard to

14 disciplining the troops, it was necessary to have feedback information.

15 If I received an order from the corps command in order to take certain

16 police measures in the field, it was my duty at the same time to inform

17 them of the action taken -- or rather, to propose other activities,

18 measures, et cetera.

19 Q. Thank you very much. Mr. Mujezinovic, during the break you

20 probably had the opportunity of having a look at this series of documents.

21 MS. RESIDOVIC: [Interpretation] Mr. President, I would now like

22 to show the witness document 6, 9, 17 and 19. These are new documents and

23 we only have these documents in the B/C/S language. I'd like to show the

24 witness these documents in order to identify them; whereas, as far as the

25 other documents that the witness has had a look at are concerned, I only

Page 17429

1 have a few questions -- a few general questions about them.

2 JUDGE ANTONETTI: [Interpretation] Very well. Proceed as usual.

3 Ask the witness to read the relevant paragraphs so that the Prosecution

4 can refer to these documents in the course of its cross-examination.

5 MS. RESIDOVIC: [Interpretation]

6 Q. Mr. Mujezinovic, could you please have a look at document under

7 number 6. A minute ago, you mentioned steps that were necessary to take

8 in order to ensure that the security organ and the military police were

9 well prepared. To identify the document itself and in order to put my

10 question to you, could you please read out the person who issued the

11 document, the number of the document, the subject, who is it addressed to,

12 and on page 1 read out paragraph 1 and the last paragraph on page 1.

13 A. The document was drafted by the 3rd Corps security sector, and it

14 mentions the chief of the security sector, Ramiz Dugalic. He signed the

15 document.

16 The subject is "Duties and tasks of the military security service

17 of the ABiH armed forces."

18 It's addressed to the commands of all brigades and to the

19 Municipal Defence Staff -- I apologise, to the Municipal Defence Staffs,

20 and to assistant commanders for security.

21 Paragraph 1 is as follows: "Train officials to bring up to

22 strength the military service security, to bring up -- to appoint people

23 to establishment posts from officials to the security administration of

24 the Main Staff -- the Supreme Command Staff."

25 Q. And the last item?

Page 17430












12 Blank page inserted to ensure pagination corresponds between the French and

13 English transcripts.













Page 17431

1 A. "Combat against crime in units, protection of weapons, ordnance

2 and military equipment is also the permanent task of the military security

3 service."

4 Q. Thank you. In order to identify the document, could you just

5 have a look at document under tab 9. It's a document from the 3rd Corps

6 command dated the 1st of April. I apologise -- yes, it's a document from

7 the 3rd Corps dated the 7th of April, 1993.

8 Could you tell us the number of the document and what the

9 document is about.

10 A. The number of the document is 04/1008-3. The subject is a

11 warning. It was signed by the Chief of Staff, Mr. Muradif Mekic. The

12 document is about a warning issued to certain units for failing to

13 implement a previous order which had to do with forwarding a proposal to

14 appoint a judge for the military misdemeanours court, the military

15 disciplinary court that was to be established within the 3rd Corps.

16 Q. Could you please have a look at document number 17 so that we can

17 identify it. It's a document from the security sector dated the 31st of

18 August, 1993.

19 JUDGE ANTONETTI: [Interpretation] The Prosecution.

20 MR. WAESPI: Yes, Mr. President. (redacted)

21 (redacted)

22 (redacted)

23 (redacted)

24 (redacted)

25 (redacted)

Page 17432

1 (redacted)

2 The same is true -- or also he should have been asked, I think in

3 relation to all these documents, whether he has seen it, he has received

4 it, and -- and things like that, sort of a foundation. But having said

5 that, I believe it goes at the end of the day to -- to the weight a

6 document is given. I don't object, you know, to these documents. They

7 appear on the record to be -- to be okay, but I just wanted to state that

8 for the record.

9 JUDGE ANTONETTI: [Interpretation] Yes. (redacted)

10 (redacted)

11 (redacted)

12 (redacted), you must have good reason to do so. But Prosecution would

13 like to know what this good reason is.

14 Is that correct? That's what you wanted to say?

15 MR. WAESPI: Yes. And if we could briefly go into private

16 session for a moment, Mr. President.

17 JUDGE ANTONETTI: [Interpretation] Very well. We will go into

18 private session.

19 [Private session]

20 (redacted)

21 (redacted)

22 (redacted)

23 (redacted)

24 (redacted)

25 (redacted)

Page 17433











11 Page 17433 redacted. Private session.















Page 17434











11 Page 17434 redacted. Private session.















Page 17435











11 Page 17435 redacted. Private session.















Page 17436

1 (redacted)

2 (redacted)

3 (redacted)

4 (redacted)

5 (redacted)

6 (redacted)

7 (redacted)

8 [Open session]

9 THE REGISTRAR: [Interpretation] We are back in open session,

10 Mr. President.

11 MS. RESIDOVIC: [Interpretation]

12 Q. The document that you have just described in this way, dated the

13 31st of August, 1993, tell me, was it simple and easy to satisfy the

14 criteria demanded by your professional organ in order to bring up to

15 strength the military police and the military security organ, and was it

16 possible for these criteria to be met -- to be fully met in 1993?

17 A. Well, to be quite objective, it was very difficult to respect

18 these principles when it comes to checking up and engaging certain

19 soldiers and officers into military police units. First of all, a unified

20 data -- a unified database, because there were a lot of displaced persons,

21 was not functioning in the territory of Bosnia and Herzegovina -- didn't

22 exist in the territory of Bosnia and Herzegovina. As an example, you

23 quite often were not able to check up on certain individuals unless there

24 was a statement from an official from the military police. You didn't

25 have any other documents which would enable you to check how well-trained

Page 17437

1 or how well-prepared a given individual was. That's the first thing.

2 And secondly, even if you had all this information, it was

3 difficult in the territory under the 3rd -- under the control of the 3rd

4 Corps to find a sufficient number of people who were sufficiently

5 well-trained in order to be military police officers -- or rather,

6 soldiers in the military police units.

7 Q. Let us now look at document at tab 19, which is also only in

8 B/C/S, and tell me, who is the author of the document? What does it

9 relate to? And are you familiar with it?

10 A. Yes, I am fully familiar with the document. It is an order by

11 the commander of the 3rd Corps, signed on behalf of the commander by

12 someone, but which was sent to all the other units located in Zenica in

13 addition to the battalion of the military police. Actually, by this order

14 the corps commander is endeavouring by properly engaging military police

15 units to prevent all forms of abuse of authority, to prevent any potential

16 attempt to commit a criminal offence, and to discipline the soldiers

17 within the units located in that area so as to ensure that they behaved

18 properly as soldiers and looked like soldiers and implemented the norms,

19 regulations, and orders applying to members of the BH army.

20 MS. RESIDOVIC: [Interpretation] For the record, I wish to say it

21 is document "Strictly confidential," 03/100-391-2, dated the 20th of

22 October, 1993, and the corps commander has addressed them to commands of

23 units located in Zenica, and this is a document I have already shown to

24 Mahir Izet, but it is in B/C/S. We still have not received the English

25 translation of it.

Page 17438

1 Q. Mr. Mujezinovic, as we have been speaking about ways of training

2 and equipping the security sector and the military police service and

3 during the break you were able to look through these documents, I would

4 like to ask you to tell me whether the documents listed in this first

5 chapter - and for the record, I will identify them: Document number 17,

6 dated the 17th of January, 1992, request issued by the command of the 3rd

7 Corps; document P324, at tab 2; the document at tab 3, 0542; document at

8 tab 4, DH0708; document at tab 5, DH2077; document at tab 6, security

9 sector document dated the 19th of March, 1993; at tab 7, document DH787;

10 document at tab 8, DH805; document at tab 9, 04/1008-3, dated the 7th of

11 April, 1993; document at tab 10, 0840; document at tab 11, DH156/1;

12 document at tab 12, number 1002; document at tab 13, DH160/5; document at

13 tab 14, DH160/6; document at tab 15, number 1364; document at tab 16,

14 number 1408; document at tab 17, it is a document of the security sector,

15 number 03/100-291-3 dated the 31st of August, 1993; document at tab 18,

16 DH1552; and document at tab 19 of the 3rd Corps command, number

17 03/100-391-2 of the 20th of October, 1993.

18 Tell me, Mr. Mujezinovic, having looked at all these documents,

19 are these documents which indicate that efforts were made within the

20 framework of the 3rd Corps command that you testified about beforehand?

21 JUDGE ANTONETTI: [Interpretation] Yes, the Prosecution.

22 MR. WAESPI: I know that and appreciate the fact that the Defence

23 want to speed up the -- the proceedings, but I think it's a highly leading

24 way, the way it's done here. Documents which the witness may have seen

25 during the break, but they are of so different nature, different authors.

Page 17439

1 Some of them have not been translated into B/C/S, which is my problem, not

2 the witness's. I'm not sure whether it's -- it's a helpful question now

3 to sum it up in a leading way and -- and ask him whether that really

4 reflects what he has said before, that appropriate measures were -- will

5 be done.

6 JUDGE ANTONETTI: [Interpretation] Can you submit them one by one,

7 please.

8 MS. RESIDOVIC: [Interpretation] Mr. President, I am in your

9 hands, but I believe that with previous witnesses, with your permission,

10 especially in the case of witnesses with a lot of documents, like Dzemal

11 Merdan, I applied the same procedure. But there's no problem. I can ask

12 the witness to briefly comment on each document. The documents that were

13 not translated, with your permission I showed them to the witness, and he

14 has commented on them. And now we can go through them one by one.

15 Q. Document at tab 2, P324, can you please just tell me what it is

16 about, this document. What is the subject of this document? And are you

17 aware of it?

18 JUDGE ANTONETTI: [Interpretation] Yes, the Prosecution, please.

19 MR. WAESPI: Just an observation: I have no problem for these

20 documents to come in as such, but it's, I think, just not helpful if he's

21 led to comment on documents he has not seen before, as he has testified a

22 couple of times. I don't think it makes any sense to go through document

23 by document. The documents which he has seen, perhaps drafted, there he

24 can comment. Otherwise, the documents speak for themselves. And

25 Ms. -- the Defence can argue it in -- in its closing. That's just my

Page 17440












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13 English transcripts.













Page 17441

1 observation. It's in your hands how -- and, of course, in Ms. Residovic's

2 hands, how she wants to -- to conduct the examination-in-chief of these 18

3 documents. We certainly have time, because it's the only witness

4 remaining. But again, we don't have objections if the documents come in

5 as such because they speak for themselves. But I have difficulties to

6 have this witness comment on documents he has not authored, he has not

7 seen before, especially in the leading form. The Defence has operated by

8 asking: Does that confirm what you have -- what you have said before?

9 JUDGE ANTONETTI: [Interpretation] Yes. By example, document 2,

10 the Defence could ask the witness whether he's familiar with this

11 document, which has to do with a meeting that was held on the 30th of

12 December, 1992 at 9.00 in the morning. Maybe he attended the meeting, so

13 he can say, "Yes, I am aware of it" or "I am not," and we can go through

14 it quickly.

15 So please ask the witness whether he knows this document; and if

16 he doesn't, is he aware of the contents of the document.

17 MS. RESIDOVIC: [Interpretation]

18 Q. Mr. Mujezinovic, document number 2, P324, is an announcement of a

19 meeting of legal services. Tell me, do you know that such meetings were

20 held, did you attend those meetings, and do you know anything about the

21 subjects discussed at such meetings?

22 A. Yes, I am aware of orders of this kind and similar orders dealing

23 with the legal activities within the 3rd Corps. In the initial stage, I

24 would attend those meetings, but then later, depending on the subject

25 matter, one of my associates, the lawyers from the Military Police Platoon

Page 17442

1 would attend.

2 Q. Thank you. Now, look at document number 3. It is Defence

3 Exhibit 542. Are you familiar with this document?

4 A. Yes.

5 Q. It is a document of the Military Police Battalion command dated

6 the 5th of January, 1993. Who is the signatory of this document and what

7 does it represent in the process of development of the Military Police

8 Battalion?

9 A. I certainly am the signatory of this document, and it speaks

10 about the deployment of personnel and their appointment to various duties

11 within the Military Police Battalion.

12 Q. Now please look at document number 4, numbered DH708, and which

13 was issued by the command of the 3rd Corps on the 4th of February, 1993,

14 and tell me, do you recognise this document which is entitled "The work of

15 security organs of the military police"?

16 A. Yes, because the activities of the police units of which I was a

17 commander are covered by this document.

18 Q. As in paragraph 2, listing the localities among which Zenica

19 figures, is this a document which specifies or perhaps confirms what you

20 said as to who had the original competence in a particular area?

21 A. Yes, this document confirms the jurisdiction of certain units of

22 the military police over particular areas.

23 Q. In view of the fact that I already showed you documents 5 and 6,

24 now please look at document number 7, DH787, and tell me, please, whether

25 this, too, is a document you are familiar with and which refers to

Page 17443

1 meetings of judicial organs that you commented on when speaking about

2 document at tab 2.

3 A. I can't remember the original document, but I do know that the

4 lawyers from the military police did attend this meeting.

5 Q. Look at document number 8, DH0805, and the document I showed you

6 before, that is, document at tab 9, dated the 7th of April, 1993, and tell

7 me whether you are aware that there was a military disciplinary court in

8 the 3rd Corps.

9 JUDGE ANTONETTI: [Interpretation] Yes, please. We're talking

10 about document 8; right?

11 MR. WAESPI: No, 9, I understand, before 8. And we don't have a

12 translation for 9. If briefly the heading could be read out and some

13 other features which allow us to familiarise ourselves.

14 MS. RESIDOVIC: [Interpretation] Mr. President, the witness has

15 already explained this document, but I would suggest that the witness look

16 at documents at 8 and 9, as the document at 9 refers to document at 8, so

17 the witness can answer both questions at the same time, both the one asked

18 by me and by my learned friend.

19 A. The document at 8 is "Instructions of the 3rd Corps to all units

20 to submit a proposal of persons who would take part in forming the

21 military disciplinary court." And the document at 9 is an additional

22 request to units who did not carry out the provisions of the previous

23 document. These are personnel proposals for the appointment of persons to

24 the military disciplinary court in the 3rd Corps.

25 Q. Now, please look at document 10, which is 0840, and tell me: Do

Page 17444

1 you recognise this document, or did tasks for the Military Police

2 Battalion emanate from this document?

3 A. Yes, the document is addressed to commands of all brigades, of

4 staff units, and all Municipal Defence Staffs. Actually, the battalion is

5 engaged on two grounds: First, in the area of military police activities;

6 and secondly, within our own unit that we should detect potential

7 perpetrators of criminal offences who may have committed theft, robbery,

8 and the like.

9 Q. In connection with the two previous documents that you said

10 referred to the election of judges to the court, did the Military Police

11 Battalion have any competencies in reporting army members for disciplinary

12 misdemeanours?

13 A. Yes. With regard to disciplinary procedures against members of

14 the army of the 3rd Corps, the police battalion did have certain

15 responsibilities, and these had to do with the establishment of the facts

16 and filing a request for conducting disciplinary proceedings to the unit

17 to which the perpetrator belonged. That is where the competencies of the

18 military police cease.

19 Q. Now look at document at 11, DH156/1. A moment ago you spoke

20 about how the implementation of orders was monitored. Tell me, are you

21 aware of this document, and is it a reflection of one way of monitoring

22 the implementation of orders that you have already testified about?

23 A. I am familiar with this order. It is just one in a series of

24 orders issued by the 3rd Corps with a view to establishing the actual

25 state of affairs in the units, their organisation, and readiness to carry

Page 17445

1 out set assignments. Orders of this kind are welcome for subordinate

2 units, for me in particular, as from my superiors I would receive an

3 assessment on the basis of their personal insight into the actual state of

4 affairs, so I was able to seek assistance for any particular issue that

5 could have been addressed at the level of the 3rd Corps command.

6 Q. Now look at document at tab 12, please. It is only in B/C/S. It

7 is document 1002. And as it is a document of the security sector,

8 03/100-113-4, tell me, what does this document refer to? You will read

9 the second paragraph, please, and the fourth paragraph so that I can ask

10 you a question about it.

11 A. Can you tell me which you mean?

12 Q. The document speaks about the increase of all forms of crime in

13 units of the 3rd Corps of the ABiH army and then tasks. So please read

14 out this paragraph: "By previous orders ..." You can read it out loud.

15 A. "By previous orders, guidelines, and assignments, members of the

16 military security service and the military police were obliged to

17 undertake all measures and acts within the framework of their competencies

18 with a view to detecting and preventing all types of criminal activity."

19 Q. Read now the one-but-last paragraph: "All members ..."

20 A. "All the members of the military security service and the

21 military police who are not ready or are afraid to carry out their

22 functional duties and obligations as prescribed by the Rules of Service

23 for the military security service should immediately say so and leave the

24 military security service and the military police and let those duties be

25 taken over by those who are ready to meet all their obligations, even at

Page 17446

1 the cost of their own lives, as we all swore to do when we joined the

2 ranks of the RBiH army."

3 Q. Tell me, are you familiar with this document of the security

4 sector? And within the military police ranks, did you encounter the kind

5 of problems referred to in this document -- or rather, did you take steps

6 to implement these tasks within the 3rd Corps Military Police Battalion?

7 A. I am familiar with this document, and the command of the Military

8 Police Battalion undertook a series of steps to carry out both this and

9 all previous documents relating to this area of activity. Of course,

10 because of the problems we had with the availability of personnel, there

11 were certain problems that we encountered, because all members of the

12 military police were not absolutely conscientious and disciplined and

13 soldierlike, and in relation to such persons we took steps to discipline

14 them. We would reassign them to another unit, or possibly pass even

15 harsher punishment on them.

16 Q. Mr. Mujezinovic, did any member of the Military Police

17 Battalion -- was any member spared for any omissions or acts they may have

18 committed?

19 A. No, not a single member of the Military Police Battalion was

20 spared. On the contrary, all of them who violated in any way the military

21 discipline or the Code of Conduct of military policemen were punished more

22 drastically than regular members of the army.

23 Q. Tell me, Mr. Mujezinovic, were members of the military police

24 briefed on their obligation to respect the Geneva Conventions and other

25 rules of warfare?

Page 17447

1 A. In principle, all of them were familiarised on a number of

2 occasions. If they came with some prior knowledge, then they knew that

3 already, and then through training that we undertook within the unit a

4 special course was in respect of Geneva Conventions and other customary

5 war law.

6 Q. Will you look at document at tab 13, DH160, document 5, whereby

7 the commander of the 3rd Corps is providing information about criminal

8 acts against humanity and international law to all operative groups,

9 independent brigades, and headquarters units. Were you one of those

10 independent units?

11 A. Yes.

12 Q. Are you familiar with the document and is this one of the ways in

13 which you were informed about the obligation to respect war law?

14 A. I am familiar with the document, and this was just one of the

15 ways in which the unit that I commanded was familiarised with crimes

16 against humanity and international law. On the basis of this document, in

17 the unit, in accordance with our training plans, we studied this area

18 specifically.

19 Q. Now look at document at tab 14, DH160/6. Earlier you spoke about

20 materiel constraints in the battalion. Are you familiar with this

21 document? And is it linked to what you have told us so far about efforts

22 to improve training and to ensure the materiel preconditions for your

23 military policework?

24 A. I'm not familiar with the original of this document, but the

25 chief of the security sector did inform me about a document that had

Page 17448

1 reached the 3rd Corps, and on the basis of that document and cooperation

2 established with the Security Services Centre in Zenica, training started

3 of members of the Military Police Battalion for the execution of certain

4 crime technical activities within the framework of pre-trial

5 investigations and procedures.

6 Q. Tell me, what was the policy of the 3rd Corps and its commander

7 regarding respect of the law -- or rather, to what extent were you asked

8 or requested to fully implement the rule of law.

9 A. The principle of law has to be respected without any exceptions.

10 This was underlined at briefings with the corps commander. And when

11 information was provided by the chief of the security service, they said

12 that special attention should be paid to respecting the law and to

13 implementing military norms and to disciplining all members of the army,

14 and in particular members of the military police.

15 Q. Did you ever have direct communication -- direct contact with

16 Commander Hadzihasanovic with regard to these issues, and were you

17 familiar with his standpoint that he -- respect -- in relation to how the

18 Military Police Battalion should conduct itself?

19 A. I did have direct contact with General Hadzihasanovic at regular

20 and interim briefings, but my direct contact involved requesting

21 instructions, information, et cetera: Firstly, because he was my

22 commander and it was my duty to request such information from him; and

23 secondly, General Hadzihasanovic had a lot of military experience,

24 especially in terms of engaging the military police, and he had requested

25 that I respect the norms for military police organisation and for the

Page 17449

1 conduct -- for the way in which the military police should conduct

2 themselves, and then we could discipline other members of the 3rd Corps.

3 Q. Please have a look at document number 15. 1364 is the number of

4 the document. This is a document that the 3rd Corps issued to all

5 commands and independent units, and the subject is the Supreme Command

6 Staff, a letter on respecting the law. Tell me, is this one of the

7 documents you have mentioned, and is this -- does this show that efforts

8 were made to respect the law -- to ensure that the law was respected in

9 ABiH units -- or rather, the 3rd Corps?

10 A. Yes, I'm familiar with this document. This is one of a series of

11 documents that defines how the law should be implemented within the units

12 of the 3rd Corps of the ABiH.

13 Q. And now I'll put the question to you that I asked you at the

14 beginning, since we have had a look at all the documents now. Could you

15 now tell me whether all these documents are examples of documents that

16 were adopted and implemented in the 3rd Corps in relation to performing

17 your duties -- or rather, in relation to establishing the battalion and

18 ensuring that the law was respected in the army.

19 A. Yes, this series of documents shows some of the measures that the

20 3rd Corps took in order to ensure that the law was respected within the

21 units. I'd like to emphasise the fact that, as can be seen from these

22 documents, the 3rd Corps commander -- or rather, the 3rd Corps command

23 attempted to inform everyone at all levels of command and control of the

24 obligation to respect the law and to implement the prescribed norms of

25 conduct, and in accordance with these instructions everyone at their own

Page 17450












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Page 17451

1 level, in accordance with their mission and authority, had to take the

2 necessary measures and steps to ensure that the law was respected.

3 Q. Thank you. Mr. Mujezinovic, a minute ago we had a look at a

4 document from the Security Services Centre, from the civilian police

5 centre, in fact. Tell me, what were the relations in the 3rd Corps, and

6 in particular in Zenica -- what were the relations like with the civilian

7 police? Was the military police above the civilian police? Did it have

8 authority over the civilian police? And if not, what sort of relations

9 were established? What were the relations like in practice?

10 A. The military police had no authority over the civilian police.

11 The relation between -- the relationship between the civilian and military

12 police was a relationship between partners. In order to implement the law

13 in the territory of Zenica and elsewhere, if it was necessary, if the

14 opportunity arose. Joint action was taken in two senses: Firstly, in

15 specific cases when it was necessary to shed light on a crime or to detect

16 the perpetrator of a crime. If a member of the military or a civilian was

17 involved, then joint action would be taken. And secondly, preventive

18 action was taken. Planned action was taken in order to implement the

19 norms and the norms of conduct in the territory of the town of Zenica and

20 elsewhere. This was done in order to prevent crimes from being committed

21 and to prevent violations of public law and order, preventive action

22 involved joint patrols, setting up joint checkpoints. And other steps

23 were taken together for this objective.

24 Q. Mr. Mujezinovic, could you now have a look at this second section

25 entitled "Cooperation with the civil -- with the civilian police in order

Page 17452

1 to prevent criminal activities." Have a look at document under tab 20.

2 The number of this document is 0746.

3 Tell me, at the initial stage, does this document show that it

4 was necessary to establish cooperation between military police units and

5 the Zenica MUP -- or rather, the Zenica Ministry of the Interior, given

6 the problems that existed in the town of Zenica at the time?

7 A. Yes. This order points to that fact because at the very

8 beginning, when the 3rd Corps was formed -- or rather, the Military Police

9 Battalion, the main problem with regard to the work and control of members

10 of the ABiH involved the equipment they had and the training they had

11 because certain members firstly did not resemble soldiers, so we weren't

12 sure whether we had any authority to check such an individual; and

13 secondly, if such an individual didn't look like a soldier, he would just

14 say that he was a civilian and show his identity card. And in such

15 cases -- for this reason, this document indicates how we started

16 cooperating with MUP, because this enabled us to take the necessary

17 measures in the field.

18 In the introduction, you can see that the corps commander says

19 that there are a lot of uniformed individuals in the town and they are not

20 members of a legal military formation, because at the time it was quite

21 simple to obtain a full uniform and then that would provide you with

22 protection when you wanted to commit certain crimes, especially if only

23 the civilian police could check you.

24 Q. I didn't ask you whether you were familiar with this document.

25 A. Yes, I'm familiar with the document.

Page 17453

1 Q. Have a look at document under number 21 now, and tell me, given

2 the problems encountered, do you know whether any meetings were held,

3 whether any plans were made and adopted, or was the cooperation that you

4 had sporadic and on a case-to-case basis?

5 A. The cooperation wasn't only on a case-to-case basis. I mentioned

6 two aspects of cooperation: Firstly, there were situations in which we

7 had to assist each other; and secondly - and this can be seen in this

8 document - there was planned joint activity between the MUP, the CSB in

9 Zenica, and the Military Police Battalion in order to take preventive

10 measures, in order to prevent crimes from being committed or misdemeanours

11 from being committed. And this document also states how the military

12 police should be engaged in -- under other conditions, and this is a

13 condition for the functioning of the civilian police too.

14 Q. For the sake of the transcript, this is DH1601 [as interpreted].

15 Tell me, after these meetings -- and I can see in paragraph 2

16 here that your name is also mentioned. After these meetings had been

17 held, did the chain of command change?

18 MS. RESIDOVIC: [Interpretation] I apologise. There's an error in

19 the number of the document. The document is DH160, document 1. Thank

20 you.

21 Q. After these joint tasks had been established, did the chain of

22 command change in any way in the MUP -- or rather, in the military police

23 and the ABiH units?

24 A. I couldn't say anything about the MUP, but as far as the Military

25 Police Battalion is concerned -- or rather, the security sector, there

Page 17454

1 were no changes in command and control for the simple reason that the

2 security service and the Military Police Battalion were equally

3 represented. They had members from the CSB in Zenica who represented them

4 equally. The authority for command and control was maintained, but joint

5 activity in the field was carried out in order to implement these norms.

6 Q. Thank you. Have a look at document 22, P299. Tell me whether

7 you are familiar with this document and what is the subject of the

8 document. Is the subject the same as the one that you have been

9 testifying about so far?

10 A. Yes. I'm familiar with the document, and it was forwarded to

11 units of the corps command and it deals with the subject we have

12 mentioned, we have been talking about. The meeting was the clarify the

13 obligations -- or rather, the competence that certain sectors had for

14 documenting or taking disciplinary measures and the purpose was to ensure

15 that the law was respected.

16 Q. Have a look at document 23. 0881 is the number of this document.

17 It's a document from the War Presidency of Zenica Municipality. And tell

18 me, does this document speak about the need in a specific situation for

19 the military police and civilian police to cooperate? Is this a document

20 from the series of documents you have mentioned?

21 A. Yes, it is. But these conclusions weren't binding for the

22 Military Police Battalion. It was only on the basis of agreement or

23 orders from the corps command that the conclusions were binding or had the

24 nature of an order.

25 Q. Have a look at document 24, please, DH265, and the following

Page 17455

1 document, since you were just talking about the necessity to respect the

2 laws of war and the Geneva Conventions, tell me whether you also

3 cooperated with the CSB in that field, in that area, and are you familiar

4 with these documents and were they implemented in practice through the

5 cooperation of the 3rd Corps military police and military -- and civilian

6 police units.

7 A. Yes, I'm familiar with the documents. They're part of a series

8 of documents that concern respecting the law and the norms of public law

9 and order. But this attempt to guide the Security Services Centre and to

10 implement measures which were the competence of the civilian organs -- or

11 rather, the Ministry of the Interior, this is what the document is about.

12 This document is about this subject.

13 Q. Have a look at document 25, DH161.7. Item 2 also establishes the

14 authority that the army has -- or rather, the authority, the competence

15 that the MUP, the Ministry of the Interior has. Are these the rules you

16 had in mind when you were in the territory of the Zenica CSB?

17 A. Apart from the practice established, there is the law that

18 defines the measures that can be taken. The military police can take

19 certain measures with regard to members of the military and the civilian

20 police can take other measures with regard to civilians. This document

21 supplements what I have said about civilians in uniform -- or rather,

22 soldiers in civilian clothing who committed certain acts.

23 Q. Have a look at the document under number 26, DH161, document 8.

24 Is this document also about this procedure, about the way in which you

25 cooperated in this field with the MUP organs, as stated in item 3 of the

Page 17456

1 document?

2 A. The order is about cooperation, and it provides guidelines for

3 operations in relation to crimes such as trading in weapons and

4 ammunition. This order defines specific task, in order to prevent

5 crime -- crimes that involved trafficking in weapons and ammunition.

6 Q. Have a look at document 27, 1288. And before I ask you a

7 question about this document, given everything that you have already said

8 about establishing the battalion, et cetera, was cooperation that simple?

9 Did it go that smoothly? Did you have problems? What sort of problems

10 arose, if there were any problems? And how did you deal with them?

11 A. Cooperation wasn't always at the necessary level, for subjective

12 reasons primarily. With regard to commanding the military police and the

13 civilian police, well, no one in the command obstructed such as

14 cooperation, but in the field - and this can be seen from the report - in

15 certain situations civilian policemen who were used to military regime

16 would often feel that it was their right not to get involved in joint

17 activities. And on the basis of reports from my subordinates, I would

18 provide the security service sector with information about these matters.

19 And at joint meetings of the CSB and the military security and the

20 military police, I would inform them of these problems. Naturally, there

21 were other problems. Sometimes a military policeman wouldn't arrive on

22 time or do what he was expected to do. So at those joint meetings, we

23 tried to advance that cooperation and to remove any shortcomings.

24 Q. Have a look at document 28, please, which is in the B/C/S

25 language. There is no translation. And could you please tell us who

Page 17457

1 drafted the document and could you read out the number at the top of the

2 document so that it can later be identified, and could you tell us what

3 the document is about. And then I will ask you a question about the

4 document.

5 A. The document is number 04033406. That's the number. It's a

6 record or the minutes of a meeting of a joint commission of the 3rd Corps

7 command and the Security Services Centre in Zenica. There were three

8 officers from the 3rd Corps - I was one of them - and from the CSB, the

9 Security Services Centre, there were also five representatives who worked

10 at various levels in the CSB. It's been signed by the 3rd Corps commander

11 and the security services chief. This document advances cooperation.

12 It's one of the joint measures taken in order to define concrete

13 situations and measures that should be taken in concrete situations. It

14 defines what should be undertaken and by whom in given situations.

15 Q. You just mentioned "continued cooperation." This document is

16 dated the 6th of September, 1993. Tell me whether the 3rd Corps command

17 and its battalion, when implementing their policies for the security of

18 citizens in Zenica, made such continuous efforts to cooperate with the

19 civilian police so as to ensure that orders issued to protect civilians

20 and their property were implemented -- or rather, to ensure that crime was

21 prevented in that area.

22 A. There was such continuity, which was more or less successful.

23 That depended on the situation and the time when measures were taken. But

24 there was continuity because neither the civilian police nor the Military

25 Police Battalion, if they acted independently, couldn't implement all the

Page 17458

1 measures prescribed by the law, especially if we go back to the subject of

2 the equipment and training of the men of these two bodies.

3 Q. Although this is something you have spoken about a while ago -

4 you mentioned the reasons for such cooperation - could you briefly tell us

5 what a brigade was -- what -- why it was necessary for Military Police

6 Battalions to have such cooperation in this area. What sort of

7 difficulties did you encounter that resulted in you taking the measures or

8 acting in accordance with these documents?

9 A. Well, if there is a crime, it's necessary to go and carry out an

10 on-site investigation to establish the factual situation and to detect the

11 perpetrator of the crime. Then military police units, the Military Police

12 Battalion has a problem as far as forensic equipment is concerned. How

13 can you carry out an on-site investigation if you don't have adequate

14 equipment.

15 The CSB for a long time after 1993 had the men and the equipment

16 to take fingerprints at the scene of a crime, to carry out a ballistic

17 analysis for certain situations, to take the paraffin glove test to

18 determine whether firearms had been used. That's one aspect of

19 cooperation.

20 And then secondly, if you come across someone disturbing law and

21 order by opening fire from arms, he might show you his identity card and

22 say he's a civilian. If you don't have a joint patrol that can check this

23 person's identity immediately, you won't be able to take any measures.

24 And if only the police appears and he says that he's a member of the army,

25 then this individual can continue to do what he was doing. This is the

Page 17459

1 reverse situation.

2 Q. Given all the authority you had, measures you could take to

3 prevent members of the army from committing crimes or to prevent them from

4 disobeying orders, tell me, in what way could army members be held to

5 account?

6 A. Well, they could be held accountable in the following way:

7 Disciplinary measures could be taken within the units that they were

8 members of; misdemeanour proceedings could be instituted against them for

9 having violated public law and order; and naturally, criminal proceedings

10 could be instituted against them for having committed an offence of that

11 kind. It depended on the crime, on the act committed, which body would be

12 responsible for the crime and responsible for filing a report. The

13 civilian police would be responsible for civilians and they'd file reports

14 with misdemeanour courts. But other measures were taken at all levels of

15 command and control. This depended on the seriousness of the crime. And

16 measures were taken in accordance with the Law on Criminal Procedure.

17 Q. Mr. Mujezinovic, how important in preventing crime was the

18 issuance of concrete and specific orders as to how members of the army

19 should act?

20 A. The orders were the guiding factor which facilitated the work of

21 the military police in enforcing preventing -- preventing measures against

22 all forms of crime and disciplinary offences. Why? Because the unit

23 commanders within the 3rd Corps were informed and held responsible for

24 taking preventive measures. They had to prevent such acts at their level.

25 So as a result, the work of the military police is 50 per cent

Page 17460












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13 English transcripts.













Page 17461

1 facilitated, and then through patrol services and other ways we tried to

2 act preventively but the orders clearly defined the tasks and

3 competencies, so it is not necessary to explain it each time to everyone.

4 Q. From the previous documents we've looked at, we can see that

5 there is reference to the escalation of criminal activity, looting, et

6 cetera. As there was a war on, did the 3rd Corps through its acts and

7 orders clearly define war booty, and was this of significance for your

8 activities in preventing and discovering perpetrators of criminal offences

9 during times of war?

10 A. From the General Staff through the corps commands, we received

11 certain documents defining "war booty." From the level of the 3rd Corps

12 command and in accordance with those orders and reports from the ground,

13 certain instructions and orders were issued defining the procedure when it

14 comes to war booty. Full respect of those orders should have led to a

15 fully regulating -- regulated system and respect of norms with regard to

16 war booty. These orders facilitated the work of the military police on

17 the ground because consistent implementation of the order would not

18 require any engagement by the military police but all orders were not

19 always fully implemented and that is when the military police and other

20 command entities were obliged to prevent or request full respect of the

21 instructions on war booty.

22 Q. During the break, you probably looked at document at tab 29,

23 number 1695, "Procedure with war booty," then the document at tab 30,

24 DH161/3, the document at tab 31, 0887, and document at tab 32, number

25 0917, and document at tab 33, 1469. And my first question is: When you

Page 17462

1 look at these documents, can you tell me whether you were aware of these

2 documents and their contents?

3 A. Yes, I was familiar with documents of this kind, and they

4 actually reflect what I just said. You have this document, 1469, of the

5 chief of the security sector forwarding Supreme Command instructions, and

6 in accordance with the situation on the ground, they defined the procedure

7 with respect to war booty, the aim being to pre-empt any criminal activity

8 and abuse of a position on -- of various kinds.

9 Q. In your testimony so far, you spoke about your tasks in

10 disciplining the army and the fact that clear orders indicated how you and

11 the subordinate units had to behave and what measures should be taken, as

12 well as how to establish whether those orders were being fully abided by.

13 Will you now tell me: When it comes to the obligation to file

14 criminal reports for criminal offences, was the 3rd Corps satisfied by

15 simply issuing the order that every perpetrator had to be criminally

16 prosecuted or was there also the obligation to inform those issuing such

17 orders of their implementation?

18 A. In principle, all orders of the corps command had a paragraph

19 defining reporting and a proposal of measures to fully implement that

20 order. The same applied to this order on sanctioning and filing of

21 criminal reports for criminal offences. The Military Police Battalion and

22 other units from the 3rd Corps were obliged to submit reports or an

23 analysis of various groups of criminal offences. As far as I know, the

24 corps command was not satisfied with these reports alone but would

25 occasionally organise meetings with the people responsible from district

Page 17463

1 military courts and prosecutor's offices and the immediate commanding

2 officers on the ground so as to channel the work in the field and the

3 proper filing of criminal reports. There is no point in filing an

4 incorrect report, so the corps command, in addition to orders, went a step

5 further and organised joint meetings with that aim in mind.

6 Q. Will you look at document 34, DH168, and just tell me whether you

7 are aware that in this way the command asked for information from

8 subordinate units about filing of criminal reports.

9 A. Among others, the unit I was in command of had the obligation to

10 submit such reports.

11 Q. In connection with discipline in the army, you have spoken at

12 some length. Now will you please look at a number of documents and tell

13 me whether these were orders binding for the military police and were

14 these orders conducive to crime prevention and the disciplining of the

15 army.

16 The first such document that we can look at before the break is

17 at tab 35. It is numbered DH161. Are you familiar with this document?

18 A. Yes. And it is addressed to all subordinate units, and it has to

19 do with the soldier-like appearance of members of the 3rd Corps.

20 Q. To what extent did you have ongoing or occasional problems with

21 the implementation of this order or failure to respect it?

22 A. Problems were of a lasting nature, but the intensity varied,

23 depending on the situation. Justification for failure to observe this

24 order was often found in the fact that people were away a lot and

25 questions linked to mobilisation. But what assisted us in particular,

Page 17464

1 that the insignia of the BH army would immediately eliminate civilians who

2 were wearing uniforms without the insignia, so it was easier for us to

3 identify members of the 3rd Corps as a result.

4 Q. Was this justification tolerated, or did the military police take

5 measures if they come across a soldier behaving contrary to this order?

6 A. The military police, implementing its powers, would first caution

7 the person, and if the person was not wearing the proper insignia, he

8 would be handed over to his own unit with a request that appropriate

9 measures be taken. In drastic cases, measures envisaged by the law were

10 taken. But this was mostly dealt with at the level of disciplinary

11 measures or punishment.

12 MS. RESIDOVIC: [Interpretation] Perhaps this would be the best

13 time for the break, Mr. President.

14 JUDGE ANTONETTI: [Interpretation] I note that we will have

15 three-quarters of an hour left, and there are still dozens of documents

16 left. What do you intend to do?

17 MS. RESIDOVIC: [Interpretation] Mr. President, I abided by the

18 suggestion to show each document to the witness, and this takes time. And

19 I suggest, since this second batch of documents mainly deals with orders

20 to discipline the army and that these are documents for which English

21 translations exist and 90 per cent of those documents are already in

22 evidence, that I be allowed after the witness has looked through these

23 documents that I ask him only a few questions about these documents,

24 without having to go from one to the other again, because clearly these

25 are documents which we have tendered into evidence through other

Page 17465

1 witnesses. These were documents that were already identified and

2 commented on by previous witnesses.

3 JUDGE ANTONETTI: [Interpretation] The Prosecution.

4 MR. WAESPI: Thank you, Mr. President. Again, that's the point.

5 The documents are in already, and other witnesses have testified about

6 that, so I object to any leading form of inviting the witness to make a --

7 sort of a kitchen-sink comment about what the 3rd Corps has done. He can

8 do it as long as it comes within his purview of the commander of the

9 police battalion. That's fine. But just these leading questions at the

10 end of examination: Do all these documents show, blah, blah, blah, and

11 then he only can say yes, I object to that form of questioning. But if

12 the documents are in, that's fine for -- for closing arguments.

13 JUDGE ANTONETTI: [Interpretation] Yes, but I suppose that the

14 Defence will not ask leading questions.

15 MS. RESIDOVIC: [Interpretation] I am endeavouring not to do so.

16 JUDGE ANTONETTI: [Interpretation] Very well. Major, during the

17 break, look through the remaining documents, and we will try and finish

18 with the examination-in-chief, at least, today, because I assume that the

19 Prosecution will want to have the same amount of time, which will take us

20 through tomorrow, and I don't know whether we'll even have time for the

21 re-examination and the questions of Judges.

22 It is 25 to 1.00, and we will resume at 1.00.

23 --- Recess taken at 12.33 p.m.

24 --- On resuming at 1.00 p.m.

25 JUDGE ANTONETTI: [Interpretation] The hearing is resumed.

Page 17466

1 We're waiting for the accused.

2 We can resume now.

3 MS. RESIDOVIC: [Interpretation]

4 Q. Mujezinovic, you spoke about numerous measures and steps that you

5 undertook in the orders you implemented. Would you please look at

6 document at tab 39, and tell me, do you recognise this document and what

7 does it represent? It is DH155, document number 3.

8 A. I do know the document, and it is a report on the engagement of

9 the Military Police Battalion, sent to the chief of security of the 3rd

10 Corps. It's a regular monthly report on elements provided by the security

11 sector.

12 Q. The data contained in this report, whose activities do they refer

13 to? Are they the activities of the battalion or of the military police as

14 a whole?

15 A. These are reports on the engagement of the Military Police

16 Battalion and the elements that are referred to, but a report of a similar

17 content compiles the data received from military police companies in the

18 brigades.

19 Q. This document refers to certain assignments that you carried out.

20 You said that a part of the battalion sometimes took part in combat

21 activities. The numbers in paragraph 2, "Participation in combat

22 activities," does it show that parts of the battalion in view of the

23 situation were sometimes directly engaged in combat as soldiers?

24 A. Yes, members of the Military Police Battalion, like all other

25 members of the ABiH, had the duty and right to take part in combat

Page 17467

1 activities when so requested by the superior commander. We see that 22

2 military policemen were directly engaged in combat at Putis locality and

3 32 military policemen at Zepce locality. Some were directly engaged and

4 others indirectly to control the territory.

5 Q. You said earlier that orders were guidelines for your own

6 activities. Look at this, application of military police measures against

7 members of the army, and under A, it says that "The identity of 22.700

8 members of the army were -- was checked," and in B, it says how many

9 people were detained. Is this report a typical example of the range of

10 activities engaged in by the Military Police Battalion or does this

11 reflect an exceptional situation when you had so much work to do in one

12 month?

13 A. No, this reflects the normal engagement of the battalion in that

14 period. What I can point out is that if we look at it more closely,

15 regarding the number of 22.700 members of the army being identified, it

16 has to do with regular vehicle road checks and also patrol work and

17 operative work and in carrying out security activities. Some IDs were

18 checked during action around corps commands. Anyone coming to the

19 command, his identity had to be checked when visiting. As for the 256

20 individuals who were detained, these numbers provide a cross-section of

21 the activities over a period of one month.

22 Q. On page 2, Chapter 4, "Criminal and disciplinary reports," under

23 A it says what -- for what criminal acts criminal reports were filed

24 during that month. And on page 4, under C, it says that "About 350

25 interviews were conducted and on record statements were taken from about

Page 17468

1 120 individuals."

2 Is this the work done by the small group of your inspectors

3 consisting of eight to ten men, as you said, in the services department?

4 A. Yes. This small group of the Military Police Battalion, after

5 interviewing people, they had to take on record statements, and here

6 reference is made to 120 individuals. And after this interview, people

7 were asked to give statements and -- or not to give statements.

8 Q. Thank you. Tell me, Mr. Mujezinovic, the procedure, from the

9 moment you became aware that a criminal act had been committed to the

10 filing of a criminal report, was the procedure always the same? Was it

11 always possible to find the perpetrator, or were different procedures and

12 methods applied until the stage of filing criminal reports?

13 A. There were different procedures applied by the Military Police

14 Battalion. The best solution for discovering the perpetrators of criminal

15 offences is -- the military police is on the spot when an act is being

16 committed, to prevent it or to arrest the perpetrator. But the most

17 frequent situation was that the military police would come to the scene

18 after the act had been committed. After securing the scene and collecting

19 evidence, a plan is drafted implying collecting operative information in

20 the aim of discovering the perpetrators of the act.

21 I will go back to the question of equipment and resources. The

22 military police didn't have highly sophisticated methods to detect and

23 discover perpetrators. Why? Because we lacked the appropriate means.

24 For instance, fingerprints. Even if we were able to take fingerprints, we

25 didn't have a database with all fingerprints recorded. This applied to

Page 17469

1 other methods too.

2 The main method applied was to interview eyewitnesses, potential

3 eyewitnesses, or co-perpetrators, and this meant that it took some time to

4 collect all the evidence. And after collecting sufficient substantive

5 evidence, we would prepare a report to the competent prosecutor's office

6 and only then would we arrest the person who committed the act.

7 Q. Tell me, please, were there cases when you had to spend several

8 months before you discovered perpetrators? And were you sometimes

9 involved in such procedures?

10 A. Of course. There were all the aggravating factors in the

11 functioning of the army as a whole, and these were constraints on the

12 battalion as well.

13 More specifically, due to the poor flow of information because of

14 difficulties in information exchange, because of the impossibility to

15 reach the scene in time, it would happen that it would take us some time

16 to collect operative information and all the other elements required for a

17 criminal report. Frequently there were several criminal acts that took

18 place at the same time.

19 For example, the example of the Green Legion, a formation that

20 was part of the 3rd Corps and whose members were particularly prominent in

21 criminal activities. But it took us time for us to collect the documents

22 and the material evidence, and of course with the security sector we

23 submitted all this to the prosecutor's office, and when they accepted it

24 as relevant on the basis of a plan did we actually arrest and escort

25 people to the court.

Page 17470












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Page 17471

1 Q. Will you now look at document at tab 79 and read out who issued

2 the document and what it is about, as it is a document in B/C/S only.

3 Tell me, is this document related to what you have just been telling us in

4 any way?

5 A. Yes. This is the document that relates to the plan of activities

6 to arrest members of the Green Legion, the code name was Golub,

7 or "pigeon," and it is the climax of the operative work from the moment

8 the act was committed to the arrest of the suspects.

9 Q. This document is dated the 12th of January, 1994. It has the ERN

10 number 04034202. Please look at page 3 of this document. What does it

11 represent, ERN 04034204?

12 A. Command of the action. This is actually the team that will

13 coordinate and be in charge of this operation. As these were members of

14 the 314th Brigade, then the assistant commander for security of that

15 brigade took part in the preparations for the criminal report. As I was

16 the commander of the unit that was supposed to arrest the persons listed

17 and Mr. Ramiz Dugalic, chief of security, as the superior to me and to

18 Mr. Balavac, and also as the person responsible for coordinating all these

19 activities, constituted this team.

20 Q. Mr. Mujezinovic, was part of your responsibility to secure the

21 reception centre for prisoners of war, the centre for the reception of

22 prisoners of war?

23 A. Yes. This centre was formed as early as 1992, and it was within

24 the jurisdiction of the district police or the District Staff of

25 Territorial Defence of Bosnia and Herzegovina. With the formation of the

Page 17472

1 3rd Corps, this jurisdiction was transferred and the centre became part of

2 the KP Dom of Zenica.

3 Q. In the 3rd Corps, was there any policy with respect to how and

4 when prisoners of war captured in combat should be transferred to the

5 reception centre in Zenica?

6 A. There was an established procedure in the 3rd Corps when it comes

7 to the treatment of prisoners of war. According to information available

8 to me, the procedure was as follows: The unit that actually captures an

9 enemy soldier -- or rather, the security organ and the intelligence organ

10 of that unit carries out the initial interrogation to collect potentially

11 needed information about the deployment of the enemy and his weapons, and

12 then together with a report to the chief of the security sector, the

13 persons are escorted to the centre for the reception of prisoners of war.

14 If the chief of security on the basis of this report assesses that this is

15 a large group of prisoners of war or prisoners of special importance, or

16 if he should decide on his own, he may engage a Military Police Battalion

17 to escort prisoners of war to the centre for the reception of prisoners of

18 war.

19 Q. Since part of the Military Police Battalion from the 3rd Corps

20 provided security for the reception centre for prisoners of war, did you

21 in the battalion ever receive any information on prisoners being

22 maltreated in the place where they had previously been detained until they

23 were taken to the KP Dom?

24 A. I personally didn't speak to the prisoners of war or to any other

25 suspects, but on the basis of the reports from subordinates, I didn't

Page 17473

1 receive any information according to which there were such situations in

2 other places.

3 Q. Did you ever receive an official criminal report on the

4 mistreatment of POWs taken to the KP Dom who had previously been held in

5 some unit's detention unit, in the unit -- in a detention unit of a unit

6 that had captured him?

7 A. I didn't receive any official report, a document of any kind

8 about such matters.

9 Q. Mr. Mujezinovic, tell me whether in this reception centre, which

10 was part of the 3rd Corps and part of your battalion provided security for

11 it -- in this reception centre, was it possible for the International Red

12 Cross to gain access? Was it possible for other international

13 representatives to gain access to this centre in order to control, to

14 check the situation in which prisoners of war were kept there?

15 A. The reception centre for prisoners of war made it possible for

16 others to gain access if the rules were followed. This involved

17 announcing the visit to the 3rd Corps command and documents granting

18 authority to visit the centre should be issued. There were no time

19 limits. It was possible to visit the centre at any time if the relevant

20 organ had issued authorisation. Visits were then made, as far as I know,

21 almost on a daily basis.

22 Q. As the battalion commander, did you ever receive information of

23 any kind, a complaint, according to which battalion members or someone

24 else had mistreated prisoners of war in the reception centre?

25 A. On the contrary, I heard a lot of praise, especially from members

Page 17474

1 of the International Red Cross. They said that the centre for POWs was

2 professional and the conditions were the best-possible conditions for the

3 detainees there.

4 Q. We heard about the battalion engaging in combat action a while

5 ago. Tell me whether in the course of its police duties -- was the

6 battalion ever involved in certain actions that ensued after combat action

7 in a given area?

8 A. Well, there were various situations in which the Military Police

9 Battalion was engaged. I remember that as early as the beginning of

10 1993 - I think it was towards the end of January - we received our first

11 concrete task. The battalion was to take a large group of POWs from the

12 Dusina area to some other area. I received this order from the chief of

13 the security sector, and I think that in the late afternoon or in the

14 evening a group of about 20 prisoners were taken away after the conflict

15 in Dusina. They were taken away. They were taken away in -- in a bus.

16 The military police provided security. And they were placed in the Centre

17 for Receiving Prisoners of War that very same issue.

18 Q. Did you receive any tasks or did you issue any tasks with your

19 members with regard to the events in Dusina in addition to the task you

20 had to take over and transfer prisoners to the KP Dom?

21 A. That evening I immediately informed the chief of the security

22 sector and on the following day I had two duties to perform: Firstly - I

23 think it was in the morning - the duty officer from the duty centre

24 through his commander informed me that he had received information from

25 the civilian protection, or from the morgue - I'm not sure - according to

Page 17475

1 which a certain number of corpses had been delivered. I think there were

2 about ten even. They'd been delivered to the cantonal hospital morgue.

3 In accordance with the rules for the military police, the duty officer

4 informed the duty investigating judge at the military court. A team was

5 formed and sent to the site to carry out an on-site investigation.

6 At the same time, I informed the chief of security of these

7 matters, and he said that since the judge was at the scene, I should

8 follow the instructions and start interviewing people who had arrived in

9 the Centre for POWs. When this team returned from the site, I was

10 informed by the commander of military police investigations that the

11 on-site investigation -- the Security Services Centre had carried out the

12 concrete investigation, because we weren't capable of doing so, but the

13 investigative judge ordered that we should take statements from

14 individuals who had been taken to the Centre for POWs.

15 Q. Was this done? Were you informed about this -- or rather, do you

16 know what the results were of the interviews conducted?

17 A. I'm not familiar with the general results of the interviews. I

18 didn't try to analyse them. All I know for sure is that the commander,

19 the person in command of the military police investigations, informed me

20 that there was nothing in particular to be pointed out with regard to the

21 prisoners of war, that all the documents were in accordance with the

22 law -- all the documents in accordance with the law and the rules for the

23 military police had been provided to the investigative judge. A copy was

24 provided to him that had been signed, and one copy of all the statements

25 were forwarded to the chief of the security services.

Page 17476

1 Afterwards, as far as I know, we didn't have any additional

2 tasks. We didn't have to carry out any other investigations, as far as

3 the POWs are concerned.

4 Q. With regard to the situation that the investigative judge was in,

5 who went to the scene of the crime, who could provide you -- who could

6 issue you other tasks to check new information, new facts?

7 A. This was the responsibility of the judge in charge of the on-site

8 investigation -- or rather, in charge of the entire case. He was the

9 person who was responsible and who was in control of all these elements.

10 He would make his own assessments and then issue instructions to us or to

11 someone else in the Security Services Centre.

12 Q. Mr. Mujezinovic, in addition to the case, when you were involved

13 in certain police activities after combat, did you as the battalion -- or

14 rather, the battalion commander issue any other orders for any other

15 measures to be taken in relation to other combat ongoing in the territory

16 of the 3rd Corps? Were there any other cases in which the military police

17 was engaged?

18 A. I don't remember any other particular engagement during that

19 period. I think that in the second half we had some police duties in the

20 area of Kakanj or Zepce. It depended on the intensity of the fighting in

21 the field. But I don't think that we had any other activities later.

22 Q. Did some of the military police go to Guca Gora in accordance

23 with the order that we saw a minute ago? And if so, what sort of task did

24 you assign to that part of the battalion?

25 A. You're referring to Guca Gora?

Page 17477

1 Q. Yes.

2 A. In accordance with an order from the corps command, a mixed

3 patrol -- a platoon was formed and sent to the field. Its main task was

4 to report to the command of the 306th and to act in accordance with the

5 assessment of the 306th command. They had to take the measures that they

6 were told to take.

7 Q. You mentioned Kakanj a minute ago. In the area of Kakanj, was

8 there a feature of a similar kind, similar to Guca Gora, and did the

9 battalion have any tasks in relation to that feature?

10 A. In Kakanj? In the territory of Kakanj, similar action was taken

11 in the direction of Kraljeva Sutjeska, again with a unit of the military

12 police from the 309th which had territorial jurisdiction. The main task

13 was to prevent any crimes and to take preventive action when crimes

14 were -- had already been committed, they had to record them and file

15 reports to the court -- with the court and take measures in accordance

16 with the instructions issued by the judge.

17 Q. Can you just tell us why Kraljeva Sutjeska is important.

18 A. There is a monastery there as well, I think, since that area was

19 inhabited mostly by Croats and after the fighting -- on the first day

20 after disarmament, there was looting, buildings were set on fire, et

21 cetera.

22 Q. Can you tell me whether you have any information about whether

23 that monastery in Kraljeva Sutjeska was efficiently protected from damage

24 of any kind being inflicted on it, as was the case for the Guca Gora

25 monastery.

Page 17478

1 A. According to the information I had, it was protected to the

2 extent that this was possible. According to my information, the commander

3 of a unit was even replaced there for failing to take preventive action

4 and to take the necessary measures in time.

5 Q. Tell me, what sort of tasks -- or rather, first of all, did the

6 battalion have any tasks with relation to providing security and ensuring

7 that UNHCR convoys could pass through in safety, as well as other

8 representatives of international organisations? And did you engage

9 members of the Military Police Battalion for such tasks?

10 A. One of our tasks, among other things, was to provide security for

11 various international organisations passing through the territory, and

12 some units from the military police were engaged if this was necessary in

13 the opinion of the chief of security, and he would suggest to the 3rd

14 Corps commander that the military police be engaged in such cases. I

15 think there were such situations, but this was most evident in the Ticici

16 area when a military battalion provided as part of its mission security

17 and also escorted a UNHCR convoy, probably because of the difficult

18 situation, because of hunger, et cetera, a large group of citizens

19 intercepted the convoy. There were some uniformed individuals within this

20 group. After the convoy had been intercepted and after a short

21 discussion, an armed attack was carried out on the military police patrol.

22 Although we sustained losses - three or four soldiers were wounded; one of

23 them was seriously wounded. Topalovic, I think, who was subsequently

24 declared to be a 70 per cent invalid - in spite of this, we managed to

25 secure the majority of the convoy and continue. At the time, since there

Page 17479

1 weren't many policemen, we couldn't do anything else. And after the

2 convoy arrived at its destination, after having carried out an on-site

3 investigation, we formed a joint team with a patrol -- or rather, with the

4 Kakanj police station. We found out -- we obtained certain information,

5 and as far as I know, criminal reports were filed with the prosecutor's

6 office against a number of individuals, members of the military and

7 civilians.

8 Q. Mr. Mujezinovic, was the Military Police Battalion engaged in

9 some way to find the kidnappers of Zivko Totic?

10 A. Yes. As soon as we heard about the incident with Mr. Totic, the

11 chief of the security service ordered me to act together with the judge

12 from the military court and with an HVO team, a team of HVO police and

13 civilian police. I was ordered to go to the site, to carry out an on-site

14 investigation. Through the commander, I sent a team to the site. They

15 were at the on-site investigation, but there was tension between the HVO,

16 the police, and the army at the time because the initial information that

17 they provided was that this was what the army had done -- or rather, the

18 military police. And afterwards, in accordance with instructions from the

19 security sector, I was ordered to separate a team that would be at the

20 disposal of a mixed team formed of army members and the police and other

21 structures, and the HVO probably. The objective was to go to any places

22 that the kidnappers might be using and to check these places. It depended

23 on the situation, but I would engage a detachment or a platoon - it

24 depended on the area we went to and what we were looking for. But at the

25 same time, the chief of security ordered me to use some of the men who

Page 17480












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Page 17481

1 weren't engaged in the field and to use them for -- to gather operative

2 information on those who may have committed the crime or to obtain

3 information on where these individuals might be staying.

4 Q. Thank you. Tell me, after that initial stage, after these

5 activities were halted and since some Mujahedin appeared as the

6 kidnappers, tell me whether the corps commander ever assigned you a task

7 in relation to this event, and if so, what sort of task were you assigned?

8 A. I was assigned a task and later I found out that it was directly

9 related to this affair. The commander ordered me to have a unit at the

10 level of a company to be ready to intervene. On his orders, I then found

11 out that this company was to be in a state of readiness in case it was

12 necessary to provide protection or to carry out certain other activities

13 when Mr. Totic was being exchanged in the Hotel Internacional, through the

14 intermediary of some international organisation.

15 Q. Where was this company that you had in a state of readiness, the

16 company that was to be engaged upon the commander's order, and how soon --

17 how fast could it go into action if it was necessary for it to do so?

18 A. The company was in the Zenica KP Dom -- or rather, in the

19 barracks of the military police. The barracks is about a kilometre from

20 Hotel Internacional -- between a kilometre and a half and two kilometres.

21 I assume that the commander had the option of engaging the military police

22 because when there's not much traffic, the military police can be at the

23 site very quickly.

24 Q. Fortunately, that company wasn't engaged.

25 A. No. And as I said, subsequently I found out that it was in a

Page 17482

1 state of readiness for that purpose.

2 Q. Mr. Mujezinovic, have a look at document under number 70 now --

3 in this document number 80, DH155/2 [realtime transcript read in error

4 "DH152/2"]. Tell me, do you know what sort of document this is?

5 A. This is a report on criminal reports filed and on what was

6 requested of us in the security sector. It concerns the date the 14th of

7 September, 1992 to the 1st of March, 1994. I don't know why the security

8 sector wanted a full analysis, but it was my duty to provide such

9 analysis. And this report was drafted on the basis of what my associates

10 prepared.

11 Q. Under C on page 1, you can see the structure of reported persons,

12 and we can see that 17 officers from the ABiH were reported. Tell me,

13 when criminal reports were filed, were they filed in the same way for

14 officers of the ABiH as for other army members when crimes were committed?

15 A. Yes, naturally. Any members of the ABiH, regardless of their

16 ranks and status, were equally responsible in the eyes of the law. The

17 Military Police Battalion tried to abide by the law to the extent that

18 this was possible in such a situation, and they tried to do this

19 regardless of the status of the perpetrator of a crime.

20 Q. Under the structure of crimes, in paragraph 6 it says that for

21 the crime of falsely identifying oneself, two criminal reports were filed

22 during this period of time. What I'm interested in is: How common was

23 this crime of falsely identifying oneself and are those the only reports

24 that were filed for such acts?

25 A. The crime of falsely identifying oneself or false impersonation

Page 17483

1 provided individuals with certain benefits, and one could record such

2 cases when criminal reports were filed. Here there are two criminal

3 reports, but we can't see against how many individuals. That's the first

4 thing. It could have concerned more than two individuals.

5 And secondly, this crime was usually committed in conjunction

6 with a more serious crime, which was punishable, because usually false

7 impersonation usually resulted in burglary or even murder. So false

8 impersonation was usually treated -- well, in these two cases, it was

9 treated in this way because false impersonation results in more serious

10 crimes and we would take this into consideration when punishing a

11 perpetrator of such a crime.

12 Q. If a civilian identified himself as a member of the military, who

13 would file reports and which organs would then deal with false

14 impersonation?

15 A. If false impersonation doesn't result in appropriating military

16 property, then it's the civilian police's responsibility to file criminal

17 reports -- or rather, the civilian is held accountable for a civilian

18 court.

19 Q. I'll take advantage of the opportunity -- I'll take advantage of

20 the fact that during the break you had a look at this entire series of

21 documents from number -- from document number 58, document 0972, DH278,

22 1127, DH283, 1289, 1290, DH1311, then 1432, 1452, 1453, 1456, 1471, 1477,

23 1478, 1481, 1488, 1517, 1548, 1553, DH1560 ID, DH286, and under number 80,

24 DH155/2. Tell me, within these documents, do you recognise criminal

25 reports filed by your battalion -- or rather prosecutor's requests made on

Page 17484

1 the basis of criminal reports from the Military Police Battalion? And you

2 have provided us with -- or you provided summary information in the report

3 that we were just commenting on.

4 A. In the documents that you have just listed, it's easy to

5 recognise the criminal reports filed by the Military Police Battalion.

6 I'd like to emphasise the fact that criminal reports contain elements in

7 accordance with the instructions that we received from the prosecutor's

8 office, but this wasn't restrictive in the sense of determining

9 responsibility or describing the crime for which an individual should be

10 held responsible. After the criminal report had been provided, the

11 investigative judge would take a decision -- or rather, the military

12 prosecutor would bring an indictment against a certain individual, and

13 then there would be a decision on carrying out an investigation and

14 certain tasks -- concrete tasks would be issued in that document with

15 regard to taking certain measures. For example, with regard to the

16 Military Police Battalion, it would -- they would state whether it was

17 necessary to gather more evidence, take statements, and then there would

18 be the criminal proceedings that would be instituted in accordance with

19 the law.

20 Q. And finally, Mr. Mujezinovic, when you now look back at the year

21 1993 during which you were the Military Police Battalion commander and you

22 took measures to establish it, to make sure that it could carry out all of

23 the tasks that you had to carry out -- tell me, when you now look back to

24 that period of time, did you do everything that could be done under those

25 conditions to prevent crimes from being committed and to find and process

Page 17485

1 the perpetrators of such crimes?

2 A. I think so -- well, I don't think so. I'm quite sure that I did

3 so, since I had superiors who wouldn't allow me to think about anything

4 else other than processing individuals and taking measures in accordance

5 with the law. When I say that I'm certain about this, if we take into --

6 into consideration the conditions under which the police -- the military

7 police and the ABiH lived, then I'm quite sure that given the men I had

8 and the equipment I had, given all the difficulties, all the problems that

9 hadn't been resolved, as far as the organisation of the state and system

10 were concerned, given all these problems that we had, from feeding

11 soldiers -- including feeding soldiers and other things, then I believe

12 that the Military Police Battalion overcame these difficulties to the

13 extent it was possible and respected the chain of command, respected the

14 law, respected the rules for the conduct of the military police, and took

15 the necessary measures to act preventively -- or rather, to find

16 perpetrators of the crimes, to gather evidence, to file criminal reports

17 and reports to the prosecutor's office.

18 Q. Thank you very much, Mr. Mujezinovic.

19 MS. RESIDOVIC: [Interpretation] Mr. President, this concludes my

20 examination of the witness.

21 JUDGE ANTONETTI: [Interpretation] Very well. We'll continue

22 tomorrow.

23 General Kubura's Defence, do they intend to ask any questions?

24 And if so, how long will they take?

25 MR. IBRISIMOVIC: [Interpretation] Mr. President, we will have a

Page 17486

1 few questions for this witness, but it will not take more than 15 to 20

2 minutes. And I think that our learned colleagues said that they would not

3 use the whole day for the cross-examination, so we will be able to fit it

4 in tomorrow.

5 JUDGE ANTONETTI: [Interpretation] The Prosecution, how long do

6 you plan to take for the cross-examination?

7 MR. WAESPI: Well, before the break I thought I could finish, but

8 unfortunately Dusina was mentioned again, and it wasn't contained in the

9 65 ter summary, so I certainly will use the afternoon to -- to see how we

10 can deal with that, and I'll do my best to finish within -- you know,

11 before the second break.

12 JUDGE ANTONETTI: [Interpretation] Very well. If necessary, we

13 always have Thursday at our disposal.

14 Major, you will come back for the hearing beginning at 9.00

15 tomorrow. In the meantime, you will not meet with the parties. As you

16 have taken the solemn declaration, you are now a witness of justice, so

17 you are prohibited from contacting anyone. And you will be back here at

18 9.00 tomorrow.

19 We have extended our hearing by five minutes, and I apologise

20 mainly to the interpreters. I invite you all to be back here tomorrow at

21 9.00 a.m.

22 --- Whereupon the hearing adjourned at 1.50 p.m.,

23 to be reconvened on Wednesday, the 16th day of

24 March, 2005, at 9.00 a.m.