Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5961

 1                          Tuesday, 19 June 2007

 2                          [Open session]

 3                          [The accused entered court]

 4                          --- Upon commencing at 9.23 a.m.

 5            JUDGE ORIE:  Good morning to everyone.

 6            Mr. Registrar, would you please call the case.

 7            THE REGISTRAR:  Good morning, Your Honours.  This is case number

 8    IT-04-84-T, the Prosecutor versus Ramush Haradinaj et al.

 9            JUDGE ORIE:  Thank you, Mr. Registrar.  The Chamber apologies for

10    the late start.  We only have procedural issues today on my agenda.  I

11    have a few.  The first one is the Chamber would like to hear from the

12    Prosecution which will be the next witness to be examined when.

13            MR. RE:  Your Honour, there may be -- I think there'll be a

14    protective measures application filed today.

15            JUDGE ORIE:  Yes.  That's the reason I didn't mention the name I

16    had on my mind.

17            Could we turn into private session for a second.

18                          [Private session]

19  (redacted)

20  (redacted)

21  (redacted)

22  (redacted)

23  (redacted)

24  (redacted)

25  (redacted)

Page 5962

 1  (redacted)

 2  (redacted)

 3  (redacted)

 4  (redacted)

 5  (redacted)

 6  (redacted)

 7  (redacted)

 8  (redacted)

 9  (redacted)

10                          [Open session]

11            THE REGISTRAR:  We are in open session, Your Honours.

12            JUDGE ORIE:  Thank you.

13            Then I think for two witnesses, the last one being Vesel Dizdari,

14    92 ter statement should be read into the record.  Again, for the public,

15    these summaries are read into the record, so that the public instead of

16    having to consult the filed statements by just listening to these

17    proceedings is approximately aware of what their evidence is about.

18            Please proceed, Mr. Kearney.

19            MR. KEARNEY:  Thank you, Your Honours, and good morning.

20            This is the summary of 92 ter statement of Witness Vesel Dizdari.

21             "The witness is an Albanian male who was born in the village of

22    Kosuriq Kosovo, 1958."

23            JUDGE ORIE:  Mr. Kearney, I now already may ask your attention for

24    the speed you developed within one or two lines.

25            MR. KEARNEY:  It's a bad habit, Your Honour.  I'm sorry.

Page 5963

 1             "The witness currently resides and works in Kosovo with his

 2    family.  The witness was previously employed in various positions outside

 3    of Kosovo, including as a cook in the Yugoslav Army in 1978 and 1979, a

 4    physical labourer in Slovenia, and a miner in Switzerland.

 5             "For a period during 1998, he lived with his family in Kosovo.

 6    During that period, he was not a formal member of the KLA, but he was

 7    involved in the protection of his village from the Serbs.  During August

 8    of 1998, he was captured and briefly held by the Serbs before being

 9    released."

10             "The witness states that there were KLA HQs in various locations

11    near his home, including in Baran, Strellc, and Vranoc.  The witness does

12    not know who the individual commanders of these HQs were.  The witness

13    states that although the KLA had no prison in Baran, there was a school

14    there used for military purposes.  There was also a KLA presence in

15    Kosuriq with soldiers everywhere.

16             "The witness had a uniform with a KLA badge on the sleeve, but he

17    did not have official KLA papers.  The witness saw some villagers wearing

18    black uniforms, but he did not have any real contact with them.  He

19    thought they were part of the military police.  When the Serbs attacked --

20    when the Serb attack occurred in September of 1998, the witness left and

21    went to Albania.

22             "On a date before 7 September 1998, the witness was ordered by

23    KLA Commander Mete Krasniqi to go to the home of Zenun Gashi in Kosuriq

24    and to bring him to the school in Baran.  The witness did this and handed

25    Zenun Gashi over to Commander Mete Krasniqi.  The witness also searched

Page 5964

 1    the home of Zenun Gashi on the orders of Mete Krasniqi.  Subsequently,

 2    Mete Krasniqi told the witness to come and work for the military police.

 3             "The witness did not use physical force on Zenun Gashi, nor did

 4    he see anything being done to him by other soldiers.  The witness did not

 5    know the reason for Zenun Gashi's arrest.  The witness did not know of any

 6    other arrests.  He heard his neighbour, Vuk Vukovic, was reported missing,

 7    but he did not know anything further about the incident.

 8             "The witness knew a shop owner named Sanije Balaj for five years

 9    before September of 1998.  He saw her being arrested in September of 1998

10    in Baran Kosovo."

11            JUDGE ORIE:  Mr. Kearney.

12            MR. KEARNEY:  "He saw her in the company of Commander Krasniqi,

13    other KLA soldiers, and two of her relatives.  The witness did not

14    intervene in the conversation between Commander Krasniqi and Sanije Balaj

15    and does not know what the conversation was about.  Later, Sanije Balaj's

16    brother asked the witness if he had seen his sister.  The witness relayed

17    that he had seen her in Baran.  The witness later heard people say she had

18    been murdered or went missing.

19             "The witness knew nothing about bodies in Lake Radonjic, either

20    during or after the war."

21            Your Honour, that concludes the statement of Witness Vesel

22    Dizdari.  I do have one previous one for Witness 62, it's much shorter,

23    that has not been read into the record at this stage.

24            JUDGE ORIE:  Yes.  If you would do that now, that would be fine,

25    and if you would keep the pace of the last few lines, Mr. Kearney, that

Page 5965

 1    would certainly assist both interpreters and the transcriber.

 2            MR. KEARNEY:  I will, Your Honour.  Thank you.

 3            This is a 92 ter summary for Witness 62.  This witness testified

 4    on the 12th and 13th of June.

 5             "The witness is a Kosovar Albanian and lived with his wife and

 6    two children in his home village in Kosovo, until the August 1998 Serb

 7    offensive forced him to leave.  His family was involved in a feud with

 8    another Kosovar Albanian family.  The witness was convicted for crimes

 9    committed in the course of this feud and served six years in prison.

10             "On 25 June 1998, the Serbian police abandoned the witness's

11    area, and it fell under complete KLA control.  Two Kosovar Albanians, whom

12    the witness considered his family's enemies, became KLA commanders of his

13    home village.

14             "A few days before the abduction of the witness's parents,

15    Rrustem Tetaj, dressed in a camouflage uniform bearing KLA insignia,

16    accompanied by soldiers wearing black uniforms, visited the witness's

17    family.  He introduced himself as a deputy of Ramush Haradinaj and asked

18    the family to refrain from any retaliatory action against the other family

19    throughout the duration of the war in Kosovo.

20             "Two days after Tetaj's visit, a Kosovar Albanian, travelling

21    with the witness's parents on the road to Peje, was captured and held for

22    a short time by Montenegrins.  Subsequently, this person was arrested by

23    Rrustem Tetaj and taken to Gllogjan headquarters, ostensibly because he

24    was travelling without a movement pass."

25            Your Honours, that is the conclusion of the second 92 ter summary.

Page 5966

 1    Thank you.

 2            JUDGE ORIE:  Thank you, Mr. Kearney.

 3            Then the Chamber still has to deliver a decision on protective

 4    measures for Witness 63.

 5            This is the Trial Chamber's decision on the Prosecution's 11th

 6    motion for trial-related protective measures.

 7            On the 29th of May, 2007, the Prosecution applied for protective

 8    measures for a person whose statement has been introduced into evidence in

 9    accordance with Rule 92 bis.  This statement has Exhibit Number P339.  The

10    Prosecution asked for the assignment of a pseudonym and that no

11    identifying information of the witness should be disclosed to the public.

12    The Defence has informed the Trial Chamber that it does not oppose the

13    application.

14            The Trial Chamber has set out the standard to be met for granting

15    protective measures in numerous decisions, and there is no need to repeat

16    it here.  The witness has expressed fear for his safety, and that of his

17    family, should it become publicly known that he has given evidence for the

18    Prosecution.  The witness lives in a small village in Kosovo, together

19    with his family.  Given the nature of the witness's testimony, the Trial

20    Chamber is satisfied that it may antagonise persons who reside in his

21    community.

22            Therefore, as the Trial Chamber is satisfied that the requirements

23    for granting protective measures are met, the Trial Chamber grants the

24    Prosecution's request for pseudonym and that no identifying information of

25    the witness is disclosed to the public.  The witness will be assigned the

Page 5967

 1    pseudonym Witness 63, and the witness statement will be admitted under

 2    seal.  The redacted witness statement attached to the Prosecution's 11th

 3    motion for trial-related protective measures will be admitted under the

 4    same exhibit number, P339, as the public and redacted version of the

 5    statement.

 6            This concludes the Trial Chamber's decision on the Prosecution's

 7    11th motion for trial-related protective measures.

 8            I now move on to the next item; that is, two exhibits on which

 9    still a decision on admission has to be taken.  The first one is P340,

10    which is the testimony of Witness Jakup Krasniqi in the Limaj case,

11    transcript pages 3285 up to and including 3493, with eight annexes

12    attached.  The Haradinaj Defence has already expressed that it has no

13    objections against admission.  Originally, there were nine exhibits

14    attached, but one of them was a double for an exhibit that was already

15    admitted.  Just to be sure, is there any objection from the Balaj or --

16            MR. GUY-SMITH:  There is not.

17            JUDGE ORIE:  -- Brahimaj Defence?

18            MR. HARVEY:  Nor from the Brahimaj Defence.

19            JUDGE ORIE:  Then P340 is admitted into evidence.  Another exhibit

20    marked for identification, but no decision yet taken, is a hand-drawn map,

21    P352.  If I remind the parties that it's not easy to follow the geography

22    on that map, where rivers seem to play an important role, then it may be

23    clear to all parties which map we are talking about.  Are there any

24    objections against admission?  I see nodding three times "no," therefore,

25    P352 is admitted into evidence.

Page 5968

 1            I have no further matters on my agenda.  The Chamber is waiting

 2    for an update to be filed, I take it later today, of the witness list.

 3    There is an informal request by the Defence where no clear answer yet

 4    exists, as far as the Prosecution is concerned, to have a meeting with

 5    lead counsel, not in court, to discuss some practical matters.  There's no

 6    need at this moment, I think, to make any submissions on the matter.  The

 7    Chamber has already indicated that it certainly will not take any steps,

 8    will not follow any suggestion until the moment that it has received the

 9    updated witness list.

10            The Chamber will also consider what exactly the purpose of such a

11    meeting should be, and therefore whether it should be held, yes or no.  I

12    noticed that the parties may have different expectations at this moment

13    about it, but we'll wait and see and then further inform the parties.

14            At the same time, I thought it good that it is on the record where

15    sometimes, as I've explained earlier, sometimes informal communications do

16    exist, that if they go beyond what is purely practical, that it should

17    leave traces on the record so that the public knows what is going on.  Is

18    there any matter to be raised by the parties?

19            Mr. Re.

20            MR. RE:  I have another Rule 92 ter summary.

21            JUDGE ORIE:  Yes.

22            MR. RE:  For Mr. Cufe Krasniqi's evidence last week.  Is it

23    appropriate for me to read it now?

24            JUDGE ORIE:  Yes.  That is appropriate.

25            Please proceed.

Page 5969

 1            MR. RE:  I know the interpreters and the transcribers have a copy,

 2    but I will listen to the French when I am speaking so I can keep up with

 3    them.

 4            JUDGE ORIE:  Yes.

 5            MR. RE:  The French are now there.

 6            This is a summary of the Rule 92 ter testimony of Mr. Cufe

 7    Krasniqi, heard on the 14th and 15th of June, 2007, at pages 5703 to 5859

 8    of the transcript.

 9             "Cufe Krasniqi, a Kosovar Albanian, born on the 24th of March,

10    1959, in Peje municipality, was a KLA commander based in Baran from about

11    June 1998 on.  He was a police officer in the Yugoslav police service

12    until he was dismissed from it in 1990.  He hid from the Serb authorities

13    in the mountains of Hajle for about six years.

14             "In 1993, the witness heard about the KLA for the first time.  He

15    joined the KLA in February 1998 at the request of Mete Krasniqi.  The

16    witness was responsible for training young KLA soldiers in Vranoc under

17    the command of Din Krasniqi.  To join the KLA, new recruits had to be

18    accompanied by someone guaranteeing for their trust-worthiness.

19             "By February 1998, it was well-known that Lahi Brahimaj commanded

20    an army in Jablanica.  Jablanica was the oldest KLA headquarter in western

21    Kosovo because it was not easily accessible by the Serb forces.  The KLA

22    was also organised in Gllogjan, which became the most important KLA

23    headquarters, after the attack on the Jashari compound in March 1998.

24             "The attack in Gllogjan in March 1998 was the first public

25    victory by the KLA.  After this attack, the KLA started to operate openly.

Page 5970

 1    By March 1998, 40 to 50 villages in the Dukagjini area were under KLA

 2    control.  Even after [sic] the Dukagjini Operational Zone was formally

 3    established, Ramush Haradinaj was regarded as the de facto commander of

 4    the area.  The Serbian forces controlled the main road between Peje,

 5    Decan, and Gjakove, but did not dare to enter the villages.

 6            "From late March 1998 on, the Serbs were shelling the villages of

 7    the Dukagjini Zone from their artillery positions.  In early May 1998, the

 8    Serbian police had retreated to the Irzniq police station from which they

 9    evacuated.  In June 1998, the last police station in the Dukagjini Zone in

10    Qallapek was evacuated.

11             "The KLA structure at the village level consisted of a general

12    commander, a deputy commander, an operations commander for training

13    soldiers, a logistics commander, and the commander of the guards.

14             "In May 1998, the witness met Idriz Balaj for the first time when

15    he was driving in his black Jeep.  A month later the witness learned about

16    the Black Eagles that he considered a well-respected unit.

17             "In June 1998, the FARK officers under command of Tahir Zemaj

18    arrived in the Dukagjini Zone from Albania.  The witness joined the Adrian

19    Krasniqi Brigade in Baran under Rrustem Berisha, but it was de facto led

20    by Nazif Ramabaja.  In the same brigade were Musa Draga and Esat Ademaj.

21    Sadri Selca was also another KLA member in Baran reporting to Nazif

22    Ramabaja.

23             "Ramush Haradinaj visited the brigade two or three times and took

24    part in the oath-taking ceremony, together with Rrustem Tetaj, Nazif

25    Ramabaja, Tahir Zemaj, and many others at the Baran school on the 20th of

Page 5971

 1    July, 1998.  In June 1998, a military unit was formed in Baran school

 2    under the command of Hasan Gashi.  The military police of the KLA enforced

 3    discipline in the KLA.

 4             "On 6th of June, 1998, the battle of Loxha took place."

 5            Can I just interpose.  I think that was corrected in

 6    cross-examination to July 1998; however, it appears in his 92 ter

 7    statement as June.

 8            JUDGE ORIE:  Yes.

 9            MR. RE:  "From about the 26th of August to the 6th of September,

10    1998, the Serbs overtook the area in a big offensive against the

11    Albanians.  In September 1998, Tahir Zemaj left Kosovo.  After the fall of

12    Gllogjan, Ramush Haradinaj was with the witness at Prapaqan.  The witness

13    later fled to Brolic and Jablanica."

14            MR. KEARNEY:  Trial Chamber, may I have one moment with Mr. Re.

15            MR. RE:  Mr. Kearney has just pointed out at page 9, line 2, if I

16    could just check it.  Oh, yes.  Where the transcript says:  "Even after

17    the Dukagjini Operational Zone was formally established, Ramush Haradinaj

18    was regarded as the de facto commander of the area."  Either I read it

19    incorrectly or it was transcribed incorrectly.  The summary of the

20    witness's testimony actually reads the following.  I'll read the two

21    lines.

22             "By March 1998, 40 to 50 villages in the Dukagjini area were

23    under KLA control.  Even before the Dukagjini Operational Zone was

24    formally established, Ramush Haradinaj was regarded as the de facto

25    commander of the area."

Page 5972

 1            JUDGE ORIE:  Yes.

 2            MR. EMMERSON:  I simple observe there were a number of aspects of

 3    the summary with which one might not necessarily agree, but the treating

 4    of the summary as being --

 5            JUDGE ORIE:  The summary is not -- it's just to inform the public.

 6    Now, I think it was good practice that the summaries would be presented to

 7    the Defence so they can make comments to contribute, so that the way in

 8    which the evidence is reflected and presented to the public is as precise

 9    as follow.  Therefore, I don't know whether that took place or not.

10            MR. EMMERSON:  It did, and I've taken the general view with the

11    summaries provided, broadly speaking, reflect the 92 ter statement, then

12    given they're not evidence in the case, I'm not intervening in relation to

13    the content.

14            JUDGE ORIE:  Only if it might mislead the public, which might not

15    be the case if you could argue about some details.

16            Mr. Harvey.

17            MR. HARVEY:  Yes, Your Honour.  I really only saw this for the

18    first time this morning, and I was a little troubled in paragraph 3 by the

19    statement:  "In February 1998, it was well-known that Lahi Brahimaj

20    commanded an army in Jablanica," but I take that to be a reflection of the

21    witness's testimony at 5846, 20, where he said that, "At this time, every

22    village has its own staff, has its own army fighting against an army

23    belonging a state."  So I think the word "army" is used in an extremely

24    loose sense at this particular juncture.

25            JUDGE ORIE:  Yes.  I do understand that you might have used other

Page 5973

 1    words to express the same, but the evidence is the statement and any

 2    additional testimony to that.  And this is just to inform the public.

 3    It's now all put on the record.

 4            Any other procedural issues, Mr. Re.

 5            MR. RE:  I just don't have Mr. Krasniqi's statement in front of

 6    me, but my clear recollection is that the statement uses the word --

 7            JUDGE ORIE:  Yes.  When I said you would have just -- you would

 8    have used another word, I did not refer to the summary but to the word

 9    used by the witness and what he describes as a matter of fact.  Let's not

10    further argue on this.  Any other further procedural issues on this?

11            MR. RE:  Not from the Prosecution.

12            JUDGE ORIE:  Not from the Defence.

13            Then we adjourn to Thursday, the 21st of June, 9.00, Courtroom I.

14                          --- Whereupon the hearing adjourned at 9.55 a.m.,

15                          to be reconvened on Thursday, the 21st day of

16                          June, 2007, at 9.00 a.m.